Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65571

Environmental Assessment

The Coast Guard has considered the

environmental impact of these

regulations consistent with section

2.B.2.e.(34)(g) of Commandant

Instruction M16475.1B and the

establishment of a security zone has

been determined to be categorically

excluded from further environmental

documentation.

Regulatory Evaluation

These regulations are considered to be

non-major under Executive Order 12291

on Federal Regulation and

nonsignificant under the Department of

Transportation regulatory policies and

procedures (44 FR 11034; February 26,

1979). The economic impact of these

regulations is expected to be so minimal

that a full regulatory evaluation is

unnecessary. Recreational use of the

area will be affected. The security zone

will extend 400 feet from the shoreline

and the depth of water in this area is

such that commercial traffic will not be

affected.

Since the impact of these regulations

is expected to be minimal, the Coast

Guard certifies that it will not have a

significant impact on a substantial

number of small entities.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Final Regulations

In consideration of the foregoing, part

165 of Title 33, Code of Federal

Regulations, is amended as follows:

PART 165—[AMENDED]

1. The authority citation for part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6 and 160.5;

49 CFR 1.46.

§ 165.710 [Removed]

2. Section 165.710 is removed.

3. Section 165.722 is added to read as

follows:

§ 165.722 Security Zone: St. Johns River,

Jacksonville, Florida.

(a) Location. The water located within

the following area is established as a

security zone: beginning at the shoreline

of the St. Johns River at the

northernmost property line of Naval Air

Station Jacksonville next to Timuquana

Country Club, at 30°14′39.5′′ N,

81°40′45′′ W; thence northeasterly to

30°14′42′′ N, 81°40′42′′ W; thence south

remaining 400 feet from the shoreline at

mean high water; thence past Piney

Point and Black Point to the northern

edge of Mulberry Cover Manatee refuge,

400 feet from Naval Air Station

Jacksonville boat ramp, at 30°13′00′′ N,

81°40′23.5′′ W; thence southwesterly in

a straight line to position 30°12′14′′ N,

81°40′42′′ W; thence southerly,

remaining 400′ seaward of the mean

high water shoreline to 30°11′40′′ N,

81°41′15.5′′ W; thence northwest to the

point at the end of the property line of

Naval Air Station Jacksonville just north

of the Buckman Bridge at position

30°11′42.30′′ N, 81°41′23.66′′ W; thence

northeasterly along the mean high water

shoreline of the St. Johns River and

Mulberry Cove to the point of

beginning. Datum: NAD 83

(b) In accordance with the general

regulations in § 165.33 of this part, no

person or vessel may enter or remain in

the zone without the permission of the

Captain of the Port Jacksonville, Florida.

All other portions of § 165.33 remain

applicable.

(c) This regulation does not apply to

Coast Guard vessels and authorized law

enforcement vessels operating within

the Security Zone.

Dated: December 8, 1995.

A. Regalbuto,

Captain, U.S. Coast Guard, Captain of the

Port, Jacksonville, Florida.

[FR Doc. 95–30968 Filed 12–19–95; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 80

[AMS–FRL–5399–9]

Regulation of Fuels and Fuel

Additives: Modification of

Reformulated and Conventional

Gasoline Regulations—Treatment of

Business Information Submitted

Concerning Individual Baselines

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: Under the Clean Air Act, as

amended in 1990 (CAA or the Act), the

Environmental Protection Agency (EPA

or the Agency) promulgated antidumping regulations for conventional

gasoline (gasoline not certified as

reformulated gasoline (RFG)). These

regulations require that conventional

gasoline not be more polluting than it

was in 1990 and include provisions for

the development of individual refinery

baselines and other compliance

provisions. Today’s action modifies the

regulations concerning the publication

and confidentiality of individual

baselines and information submitted to

obtain an individual baseline.

DATES: This final rule is effective

December 12, 1995.

ADDRESSES: Materials relevant to this

final rule can be found in Public Docket

A–95–03; materials relevant to the

reformulated gasoline final rule are

contained in Public Dockets A–91–02

and A–92–12. These dockets are located

at Room M–1500, Waterside Mall

(ground floor), U.S. Environmental

Protection Agency, 401 M Street SW.,

Washington, DC 20460. The docket may

be inspected from 8 a.m. until 5 p.m.

Monday through Friday. A reasonable

fee may be charged by EPA for copying

docket materials.

FOR FURTHER INFORMATION CONTACT:

Christine M. Brunner, U.S. EPA, Fuels

and Energy Division, 2565 Plymouth

Road, Ann Arbor, MI 48105. Telephone:

(313) 668–4287. To Request Copies of

This Document Contact: Delores Frank,

U.S. EPA, Fuels and Energy Division,

2565 Plymouth Road, Ann Arbor, MI

48105. Telephone: (313) 668–4295.

SUPPLEMENTARY INFORMATION:

I. Electronic Copies of Rulemaking

Documents Through the Technology

Transfer Network Bulletin Board

System (TTNBBS)

A copy of this final rule is available

electronically on the EPA’s Office of Air

Quality Planning and Standards

(OAQPS) Technology Transfer Network

Bulletin Board System (TTNBBS). The

service is free of charge, except for the

cost of the phone call. The TTNBBS can

be accessed with a dial-in phone line

and a high-speed modem per the

following information:

TTN BBS: 919–541–5742

(1200–14400 bps, no parity, 8 data bits,

1 stop bit)

Voice Help-line: 919–541–5384

Accessible via Internet: TELNET

ttnbbs.rtpnc.epa.gov

Off-line: Mondays from 8 AM to 12

Noon ET

A user who has not called TTN

previously will first be required to

answer some basic informational

questions for registration purposes.

After completing the registration

process, proceed through the following

menu choices from the Top Menu to

access information on this rulemaking.

<T> GATEWAY TO TTN TECHNICAL

AREAS (Bulletin Boards)

<M> OMS—Mobile Sources

Information

<K> Rulemaking and Reporting

<3> Fuels

<9> File Area #9 * * * Reformulated

gasoline
65572 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations

1 In general, the provisions regarding individual

baselines apply to refiners or importers of

conventional gasoline. For brevity in this

discussion, the term ‘‘refiner’’ shall include both

refiners and importers.

2For a discussion of industry concerns regarding

this issue and EPA’s rationale behind its proposal,

see the support document ‘‘Regulation of Fuels and

Fuel Additives: Standards for Reformulated and

Conventional Gasoline—Detailed Discussion and

Analysis’’, Air Docket A–95–03.

3The Act specifies that conventional gasoline

emissions cannot be greater than they were in 1990.

The simple model requirements for sulfur, olefins

and T90 were a result of the Regulatory Negotiation

process.

At this point, the system will list all

available files in the chosen category in

reverse chronological order with brief

descriptions. These files are compressed

(i.e., ZIPed). Today’s notice can be

identified by the following title: CBI–

FRM.ZIP. To download this file, type

the instructions below and transfer

according to the appropriate software on

your computer:

<D>ownload, <P>rotocol, <E>xamine,

<N>ew, <L>ist, or <H>elp Selection

or <CR> to exit: D filename.zip

You will be given a list of transfer

protocols from which you must choose

one that matches with the terminal

software on your own computer. The

software should then be opened and

directed to receive the file using the

same protocol. Programs and

instructions for de-archiving

compressed files can be found via

<S>ystems Utilities from the top menu,

under <A>rchivers/de-archivers. After

getting the files you want onto your

computer, you can quit the TTNBBS

with the <G>oodbye command. Please

note that due to differences between the

software used to develop the document

and the software into which the

document may be downloaded, changes

in format, page length, etc. may occur.

II. Confidentiality of Information

Submitted for Individual Baselines

A. Introduction

Compliance with certain aspects of

the reformulated and conventional

gasoline regulations depends on the

individual baseline of the refiner or

importer.1 The final regulations issued

by EPA in December 1993 establish

requirements for developing an

individual baseline which is the set of

fuel parameter values, emissions and

volumes which represent the quality

and quantity of the refiner’s 1990

gasoline. See 40 CFR 80.91. The final

rule also states that certain information

contained in a refiner’s baseline

submittal would not be considered

confidential, and that EPA would

publish the individual standards for

each refinery, blender or importer upon

approval of an individual baseline. See

40 CFR 80.93(b)(6).

Persons affected by this provision

sought judicial review, objecting to the

release or publication of this

information on grounds of business

confidentiality. American Petroleum

Institute v. U.S. Environmental

Protection Agency, No. 94–1138 (D.C.

Cir.), and consolidated case Texaco, Inc.

and Star Enterprises v. U.S.

Environmental Protection Agency, No.

94–1143 (D.C. Cir.). Based on

discussions with these parties, EPA

reconsidered this provision and

proposed to revise it.2 60 FR 40009,

August 4, 1995. Under the proposal,

EPA would publish only a portion of the

baseline information, representing a

refinery’s baseline emissions values.

Instead of determining by regulation

that the remaining baseline information

submitted by a refiner is nonconfidential, EPA would address claims

of business confidentiality for this other

baseline information under EPA’s

regulations on ‘‘Confidentiality of

Business Information (CBI),’’ 40 CFR

part 2 subpart B.

This preamble provides background

information on individual baselines and

their use, discusses the proposal, and

summarizes and responds to the

comments received on the proposal. The

revisions contained in the August 4,

1995 proposal are finalized as proposed.

Refiners may submit to EPA claims of

confidentiality on baseline information

originally deemed not confidential by

the December 1993 rule but for which

claims of confidentiality would now be

considered under EPA’s CBI regulations

pursuant to this rulemaking. These

claims may be sent to Deborah Adler,

U.S. EPA, Fuels and Energy Division,

2565 Plymouth Road, Ann Arbor, MI

48105. Telephone: (313) 668–4223.

B. Background

A refiner’s individual baseline reflects

the volume and average quality of its

gasoline for the year 1990. Unlike the

standards for reformulated gasoline

(which for the most part are the same for

all refiners), the standards for

conventional gasoline (the anti-dumping

standards) are generally expressed in

terms of this individual baseline, so that

compliance with the standards is

measured by comparing current

production of conventional gasoline

against the individual baseline, on an

annual basis. For example, for

conventional gasoline under the simple

model, a refiner’s annual average value

for exhaust benzene emissions may not

exceed its compliance baseline value for

exhaust benzene emissions, and its

annual average values for sulfur, olefins

and T90 may not exceed 125 percent of

its compliance baseline values for these

parameters. 40 CFR 80.101(b)(1). In

most cases, the compliance baseline is

the same as the individual baseline. 40

CFR 80.101(f). For reformulated

gasoline, certain standards applicable

during 1995 through 1997 are also

expressed in terms of a refiner’s or

importer’s individual baseline. 40 CFR

80.41(h)(2).

EPA assigns an individual baseline

after reviewing a refiner’s baseline

submittal. The submittal includes the

refiner’s estimate of its baseline values

for the various required fuel parameters;

exhaust emissions values calculated

from such parameters; 1990 gasoline

volumes; and the blendstock-to-gasoline

ratios for 1990 through 1993. Per the

December 1993 final rule, this

information would not be considered

confidential, and EPA would publish,

for each refinery or importer, certain

baseline exhaust emissions and the

sulfur, olefins and T90 standards noted

above. 40 CFR 80.93(b)(6).

C. Proposal

In the preamble to the December 1993

regulations, EPA stated that it believed

that each refiner’s anti-dumping

standard should be publicly known. The

standards for reformulated gasoline are

publicly known, but are generally the

same for all refiners. EPA cited several

benefits of publishing a refiner’s antidumping standards (i.e., specific

individual baseline information). These

included citizen suit enforcement, more

information to the public about EPA’s

standards, and better deterrence to

noncompliance.

However, as stated above, objections

raised by certain parties regarding

publication of baseline information

caused EPA to reconsider which

information should be published and

which information might more

appropriately be handled under EPA’s

CBI regulations. Because EPA was

particularly concerned that the

emissions standards for refiners

continue to be public,3 it did not

propose to change the regulations

regarding publication of the individual

baseline exhaust emissions values that

comprise a refiner’s anti-dumping

standards. However, EPA did propose

that the standards for sulfur, olefins and

T90 applicable during 1995 through

1997 not be published and instead that

the reporting requirements be revised

such that a refiner would have to note

whether and how much its annual

average for these values exceeded their

individual baseline value. This latter
Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65573

reporting information would be

considered non-confidential. EPA stated

that this would effectively provide the

same benefits as publishing the baseline

values for these three parameters as it

would clearly show whether and how

much a refiner violated the standards

applicable for these fuel parameters

while preserving valid claims of

business confidentiality.

EPA’s proposal to change the

regulations regarding business

confidentiality was based in large part

on evidence, presented by interested

parties in the oil refining industry,

arguing that detailed information

regarding the quality of a business’ 1990

gasoline production would allow a

competitor to calculate the business’

current cost of producing reformulated

gasoline much more accurately with this

baseline information. This increased

ability to predict current cost of

production would lead to significant

adverse competitive harm. According to

the interested parties, information on

individual baseline fuel parameters (i.e.,

sulfur, olefins and T90) would have

much more adverse competitive impact

than information on individual baseline

exhaust emission values.

In the proposal, EPA also stated that

requests for release of other baseline

information would be governed by the

regulations on the confidentiality of

business information at 40 CFR part 2

subpart B. By deferring to 40 CFR part

2 subpart B, the factual and legal issues

concerning disclosure of this

information may be resolved on a caseby-case basis under EPA’s CBI rules.

D. Summary and Analysis of Comments

EPA received less than ten comments

on this issue; most generally supported

the proposal. Commenters agreed with

EPA that the proposal would properly

inform the public of each refiner’s

standards yet would minimize

competitive harm and would protect

each refiner’s competitive business

interests. Commenters also mentioned

that foregoing publication of some

baseline information does not hinder

EPA’s ability to enforce the RFG (or

anti-dumping) programs. One

commenter stated that no negative

environmental effects would occur due

to the proposed change. EPA agrees

with all of these comments.

Commenters also mentioned that

indiscriminate publication of baseline

data would be contrary to the Agency’s

stated rationale for establishing the

procedures set forth in the CBI

regulations. While EPA believes the

December 1993 final rule provisions

were consistent with the rationale of the

Agency’s CBI regulations, EPA believes

that the changes adopted today are a

more appropriate mechanism to

implement this rationale. The December

1993 rule was based on the view that all

information submitted by a refiner

regarding its individual baseline should

be considered non-confidential

emissions data, and therefore would not

be protected from release

notwithstanding its claimed

confidential nature. See CAA section

114, 208. In the rule adopted today, EPA

basically limits this determination to the

information that will be published—

individual baseline exhaust emission

levels. The reporting information that is

considered non-confidential does not

meet the definition of confidential

business information, without

addressing whether it is emissions data.

The confidentiality of the remaining

baseline information will be addressed

under EPA’s CBI regulations. Instead of

pre-determining whether this remaining

information is confidential business

information or whether it is emissions

data, these issues will be resolved as

needed on a case-by-case basis under

EPA’s CBI regulations. This will allow

for a case specific inquiry, focusing on

any unique aspects that might be

specific to a refiner and thereby

reducing the risk of improper

disclosure. Having reconsidered these

issues, especially the competitive harm

that could occur if a refiner’s entire

baseline information were available for

release, EPA believes that the alternative

contained in the August 1995 proposal

and finalized today will retain the

benefits of publishing all of a refiner’s

individual baseline exhaust emission

levels while minimizing competitive

harm. One commenter stated that with

the proposal the regulations now

conformed to the CBI rules.

Another commenter stated that the

Act exempts only emission data from

CBI rules and that the baseline

information is not emission data. EPA

disagrees with this comment with

respect to the individual baseline

exhaust emissions levels. With respect

to the remaining individual baseline

information, the issue of whether it is or

is not emissions data is not resolved by

this rulemaking, but will be resolved as

needed under EPA’s CBI regulations.

Several commenters expressed

concern about the ability to claim

confidentiality now on baseline

information not originally marked

confidential. For example, under the

December 1993 rule baseline values for

sulfur, olefins and T90 were not

considered confidential, and many

baseline submitters may therefore not

have claimed that information as

confidential. If not allowed to claim

confidentiality now, someone could

arguably request and receive that

information from EPA. However,

baseline submitters can, and in fact are

encouraged to now submit claims of

confidentiality on baseline information

that the submitter considers

confidential, even though not originally

marked confidential. EPA’s CBI

regulations do not prohibit a company

from notifying EPA that it now claims

certain previously submitted

information as business confidential.

See 40 CFR 2.203, 2.204(c). This also

addresses the suggestion by one

commenter that EPA take precautions in

releasing other baseline information.

Once a company makes such a claim,

EPA’s regulations generally call for

notifying the company and giving it an

opportunity to justify the claim of

confidentiality prior to any release of

the information to the public.

One commenter was concerned about

the public perception of any published

information, citing potential pressure

(presumably to be cleaner than one’s

standard) from competitors and noninformed public and the resulting

impact on investor support. The

commenter implied that this kind of

pressure can be especially burdensome

if performance margins are tight. This

same commenter was particularly

concerned about small refiners and

stated that big refiners are protected by

(the ability to) aggregate baselines.

While multi-refinery refiners do have

the option to aggregate baselines for

compliance purposes, publication of

baseline information is on a refinery

basis, and multi-refinery refiners have

no advantage over single-refinery

refiners in that regard. This commenter

also implicitly suggested that EPA

consider relaxing the publication

requirements for small refiners since

EPA has determined that the

contribution to emissions of small

refiners is minimal to the point of

relaxing some requirements. However,

the issue of when and under what

conditions to allow for baseline

adjustments is a separate issue. Whether

or not a refiner meets such criteria, EPA

believes there is a continuing value in

publishing the applicable standards,

including standards based on baseline

adjustments. This value, described

above, occurs whether the business is

small or large. There is also no

indication that the business pressures

noted by this commenter are greater for

small businesses.

E. Final Rule

EPA today finalizes the provisions

regarding the confidentiality of

information submitted for individual
65574 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations

baselines and the publication of certain

baseline information as proposed in the

August 4, 1995 Federal Register (60 FR

40009). The applicable regulations have

been modified slightly from the

proposal. Specifically, in § 80.75, the

proposed additional paragraphs (H), (I)

and (J) have been re-ordered to

paragraphs (D), (G) and (J) in today’s

rulemaking. By re-ordering these

paragraphs, all paragraphs in

§ 80.75(b)(2)(ii) referring to a specific

fuel parameter, e.g., sulfur, are grouped

together, for benefit of the reader.

Section 80.105 has also been modified

from the proposal, and now requires

that a refiner’s or importer’s simple

model standards for conventional

gasoline be reported (in addition to the

requirements contained in the December

1993 final rule and those contained in

the proposal being finalized today). This

minor revision results in similar

reporting requirements for both

reformulated and conventional gasoline

under the simple model.

III. Environmental and Economic

Impacts

No environmental impacts are

expected as a result of today’s action.

Economic impacts should be generally

beneficial to refiners as one purpose of

this action is to reduce any adverse

competitive harm that could occur

without this change. The environmental

and economic impacts of the

reformulated gasoline program are

described in the Regulatory Impact

Analysis supporting the December 1993

rule, which is available in Public Docket

A–92–12 located at Room M–1500,

Waterside Mall (ground floor), U.S.

Environmental Protection Agency, 401

M Street SW., Washington, DC 20460.

IV. Compliance With the Regulatory

Flexibility Act

The Regulatory Flexibility Act (RFA)

of 1980 requires federal agencies to

examine the effects of their regulations

and to identify any significant adverse

impacts of those regulations on a

substantial number of small entities.

Pursuant to section 605(b) of the

Regulatory Flexibility Act, 5 U.S.C.

605(b), the Administrator certifies that

this rule will not have a significant

economic impact on a substantial

number of small entities. In fact, today’s

action is designed to minimize any

adverse competitive impacts since only

individual baseline exhaust emissions,

and not individual baseline fuel

parameters values, will be published.

Additionally, by this action, less

baseline information will automatically

be deemed non-confidential.

V. Administrative Designation

Pursuant to Executive Order 12866

(58 FR 51735, October 4, 1993), the

Agency must determine whether the

regulatory action is ‘‘significant’’ and

therefore subject to OMB review and the

requirements of the executive order. The

Order defines ‘‘significant regulatory

action as one that is likely to result in

a rule that may:

(1) Have an annual effect on the economy

of $100 million or more or adversely affect

in a material way the economy, a sector of

the economy, productivity, competition, jobs,

the environment, public health or safety, or

State, local or tribal governments or

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken or

planned by another agency;

(3) Materially alter the budgetary impact of

entitlement, grants, user fees, or loan

programs or the rights and obligations of

recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the President’s

priorities, or the principles set forth in the

Executive Order.

Pursuant to the terms of Executive

Order 12866, it has been determined

that this final rule is not a ‘‘significant

regulatory action’’.

VI. Paperwork Reduction Act

The Paperwork Reduction Act of

1980, 44 U.S.C. 3501 et seq., and

implementing regulations, 5 CFR part

1320, do not apply to this action as it

does not involve the collection of

information as defined therein.

VII. Unfunded Mandates Reform Act

Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in expenditure by State,

local, and tribal governments, in the

aggregate; or by the private sector, of

$100 million or more. Under section

205, EPA must select the most costeffective and least burdensome

alternative that achieves the objectives

of the rule and is consistent with

statutory requirements. Section 203

requires EPA to establish a plan for

informing and advising any small

governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the action

promulgated today does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local or tribal

governments in the aggregate, or to the

private sector. This action has the net

effect of reducing burden of the

reformulated gasoline program on

regulated entities. Therefore, the

requirements of the Unfunded Mandates

Act do not apply to this action.

VIII. Statutory Authority

The statutory authority for this action

is granted to EPA by Sections 114, 211

and 301(a) of the Clean Air Act as

amended (42 U.S.C. 7414, 7545, and

7601(a)).

List of Subjects in 40 CFR Part 80

Environmental protection, Air

pollution control, Fuel additives,

Gasoline, Motor vehicle pollution,

Reporting and recordkeeping

requirements.

Dated: December 12, 1995.

Carol M. Browner,

Administrator.

For the reasons set out in the

preamble, part 80 of title 40 of the Code

of Federal Regulations is amended as

follows:

PART 80—REGULATION OF FUELS

AND FUEL ADDITIVES

1. The authority citation for part 80

continues to read as follows:

Authority: Sec. 114, 211, and 301(a) of the

Clean Air Act as amended (42 U.S.C. 7414,

7545 and 7601(a)).

2. Section 80.75 is amended by

revising the heading for paragraph

(b)(2), and by revising paragraphs

(b)(2)(ii)(D) through (G), and adding

paragraphs (b)(2)(ii) (H) through (J) to

read as follows:

§ 80.75 Reporting requirements.

* * * * *

(b) * * *

(2) Sulfur, olefins and T90 averaging

reports.

(i) * * *

(ii) * * *

(D) The difference between the

applicable sulfur content standard

under § 80.41(h)(2)(i) in parts per

million and the average sulfur content

under paragraph (b)(2)(ii)(C) of this

section in parts per million, indicating

whether the average is greater or lesser

than the applicable standard;

(E) The applicable olefin content

standard under § 80.41(h)(2)(i) in

volume percent;

(F) The average olefin content in

volume percent;

(G) The difference between the

applicable olefin content standard

under § 80.41(h)(2)(i) in volume percent

and the average olefin content under

paragraph (b)(2)(ii)(F) of this section in

volume percent, indicating whether the
Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65575

average is greater or lesser than the

applicable standard;

(H) The applicable T90 distillation

point standard under § 80.41(h)(2)(i) in

degrees Fahrenheit;

(I) The average T90 distillation point

in degrees Fahrenheit; and

(J) The difference between the

applicable T90 distillation point

standard under § 80.41(h)(2)(i) in

degrees Fahrenheit and the average T90

distillation point under paragraph

(b)(2)(ii)(I) of this section in degrees

Fahrenheit, indicating whether the

average is greater or lesser than the

applicable standard.

* * * * *

3. Section 80.93 is amended by

revising paragraph (b)(6) to read as

follows:

§ 80.93 Individual baseline submission

and approval.

* * * * *

(b) * * *

(6) Confidential business information.

(i) Upon approval of an individual

baseline, EPA will publish the

individual annualized baseline exhaust

emissions, on an annual average basis,

specified in paragraph (b)(5)(ii) of this

section. Such individual baseline

exhaust emissions shall not be

considered confidential. In addition, the

reporting information required under

§ 80.75(b)(2)(ii) (D), (G) and (J), and

§ 80.105(a)(4)(i) (E), (H) and (K) shall not

be considered confidential.

(ii) Information in the baseline

submission which the submitter desires

to be considered confidential business

information (per 40 CFR part 2, subpart

B) must be clearly identified. If no claim

of confidentiality accompanies a

submission when it is received by EPA,

the information may be made available

to the public without further notice to

the submitter pursuant to the provisions

of 40 CFR part 2, subpart B.

* * * * *

4. Section 80.105 is amended by

revising paragraph (a)(4) to read as

follows:

§ 80.105 Reporting requirements.

(a) * * *

(4)(i) If using the simple model:

(A) The applicable exhaust benzene

emissions standard under

§ 80.101(b)(1)(i);

(B) The average exhaust benzene

emissions under § 80.101(g);

(C) The applicable sulfur content

standard under § 80.101(b)(1)(ii) in parts

per million;

(D) The average sulfur content under

§ 80.101(g) in parts per million;

(E) The difference between the

applicable sulfur content standard

under § 80.101(b)(1)(ii) in parts per

million and the average sulfur content

under paragraph (a)(4)(i)(D) of this

section in parts per million, indicating

whether the average is greater or lesser

than the applicable standard;

(F) The applicable olefin content

standard under § 80.101(b)(1)(iii) in

volume percent;

(G) The average olefin content under

§ 80.101(g) in volume percent;

(H) The difference between the

applicable olefin content standard

under § 80.101(b)(1)(iii) in volume

percent and the average olefin content

under paragraph (a)(4)(i)(G) of this

section in volume percent, indicating

whether the average is greater or lesser

than the applicable standard;

(I) The applicable T90 distillation

point standard under § 80.101(b)(1)(iv)

in degrees Fahrenheit;

(J) The average T90 distillation point

under § 80.101(g) in degrees Fahrenheit;

and

(K) The difference between the

applicable T90 distillation point

standard under § 80.101(b)(1)(iv) in

degrees Fahrenheit and the average T90

distillation point under paragraph

(a)(4)(i)(J) of this section in degrees

Fahrenheit, indicating whether the

average is greater or lesser than the

applicable standard.

(ii) If using the optional complex

model, the applicable exhaust benzene

emissions standard and the average

exhaust benzene emissions, under

§ 80.101(b)(2) and (g).

(iii) If using the complex model:

(A) The applicable exhaust toxics

emissions standard and the average

exhaust toxics emissions, under

§ 80.101(b)(3) and (g); and

(B) The applicable NOX emissions

standard and the average NOX

emissions, under § 80.101(b)(3) and (g).

* * * * *

[FR Doc. 95–30986 Filed 12–19–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 180

[PP 6F3417 and 7F3516/R2192; FRL–4990–

7]

RIN 2070–AB78

Thiodicarb; Extension of Pesticide

Tolerances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule extends until

August 15, 1997, the temporary

tolerances for the insecticide thiodicarb

and its metabolite in or on leafy

vegetables, broccoli, cabbage, and

cauliflower. Rhone Poulenc Ag. Co.

requested this regulation pursuant to the

Federal Food, Drug and Cosmetic Act

(FFDCA).

EFFECTIVE DATE: This regulation

becomes effective December 20, 1995.

ADDRESSES: Written objections and

hearing requests, identified by the

document control number, [PP 6F3417

and 7F3516/R2192], may be submitted

to: Hearing Clerk (1900), Environmental

Protection Agency, Rm. M3708, 401 M

St., SW., Washington, DC 20460. A copy

of any objections and hearing requests

filed with the Hearing Clerk should be

identified by the document control

number and submitted to: Public

Response and Program Resources

Branch, Field Operations Division

(7506C), Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460. In

person, bring copy of objections and

hearing requests to Rm. 1132, CM #2,

1921 Jefferson Davis Hwy., Arlington,

VA 22202. Fees accompanying

objections shall be labeled ‘‘Tolerance

Petition Fees’’ and forwarded to: EPA

Headquarters Accounting Operations

Branch, OPP (Tolerance Fees), P.O. Box

360277M, Pittsburgh, PA 15251.

A copy of objections and hearing

requests filed with the Hearing Clerk

may also be submitted electronically by

sending electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Copies of

objections and hearing requests must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. Copies of objections and

hearing requests will also be accepted

on disks in WordPerfect in 5.1 file

format or ASCII file format. All copies

of objections and hearing requests in

electronic form must be identified by

the docket number [PP 6F3417 and

7F3516/R2192]. No Confidential

Business Information (CBI) should be

submitted through e-mail. Electronic

copies of objections and hearing

requests on this rule may be filed online

at many Federal Depository Libraries.

Additional information on electronic

submissions can be found below in this

document.

FOR FURTHER INFORMATION CONTACT: By

mail: Dennis Edwards, Jr., Product

Manager (PM 19), Registration Division

(7505C), Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

Office location and telephone number:

Rm. 213, CM #2, 1921 Jefferson Davis

Hwy., Arlington, VA 22202; (703) 305-

6386; e-mail:

edwards.dennis@epamail.epa.gov.