20736 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Rules and Regulations

List of Subjects in 40 CFR Part 60

Environmental protection, Air

pollution control, Intergovernmental

relations, Reporting and recordkeeping

requirements.

Dated: April 30, 1996.

Carol M. Browner,

Administrator.

For the reasons set out in the

preamble, title 40, chapter I of the Code

of Federal Regulations is amended as set

forth below.

PART 60—STANDARDS OF

PERFORMANCE FOR NEW

STATIONARY SOURCES

1. The authority citation for part 60

continues to read as follows:

Authority: 42 U.S.C. 7401, 7411, 7414,

7416, 7429, and 7601.

2. Section 60.40c is amended by

revising paragraph (a) and adding

paragraphs (c) and (d) to read as follows:

§ 60.40c Applicability and delegation of

authority.

* * * * *

(a) Except as provided in paragraph

(d) of this section, the affected facility

to which this subpart applies is each

steam generating unit for which

construction, modification, or

reconstruction is commenced after June

9, 1989 and that has a maximum design

heat input capacity of 29 megawatts

(MW) (100 million Btu per hour (Btu/

hr)) or less, but greater than or equal to

2.9 MW (10 million Btu/hr).

* * * * *

(c) Steam generating units which meet

the applicability requirements in

paragraph (a) of this section are not

subject to the sulfur dioxide (SO2) or

particulate matter (PM) emission limits,

performance testing requirements, or

monitoring requirements under this

subpart (§§ 60.42c, 60.43c, 60.44c,

60.45c, 60.46c, or 60.47c) during

periods of combustion research, as

defined in § 60.41c.

(d) Any temporary change to an

existing steam generating unit for the

purpose of conducting combustion

research is not considered a

modification under § 60.14.

3. Section 60.41c is amended by

adding a new definition for

‘‘Combustion research’’ in alphabetical

order to read as follows:

§ 60.41c Definitions.

* * * * *

Combustion research means the

experimental firing of any fuel or

combination of fuels in a steam

generating unit for the purpose of

conducting research and development

of more efficient combustion or more

effective prevention or control of air

pollutant emissions from combustion,

provided that, during these periods of

research and development, the heat

generated is not used for any purpose

other than preheating combustion air for

use by that steam generating unit (i.e.,

the heat generated is released to the

atmosphere without being used for

space heating, process heating, driving

pumps, preheating combustion air for

other units, generating electricity, or any

other purpose).

* * * * *

[FR Doc. 96–11329 Filed 5–7–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 80

[FRL–5501–3]

Adjustment of Reid Vapor Pressure

Lower Limit for Reformulated Gasoline

Sold in the State of California

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is amending the lower

limit of the valid range for Reid Vapor

Pressure (RVP) for reformulated gasoline

certified under the simple model and

sold in the State of California. The lower

limit is being changed from 6.6 pounds

per square inch (psi) to 6.4 psi. EPA is

taking this action because the Agency

believes that it will result in no negative

environmental impact and, for reasons

discussed below, the Agency believes it

is proper in the limited case of

California gasoline.

In the proposed rules section of

today’s Federal Register, EPA is

proposing the same action covered by

this direct final rule (i.e., to amend the

lower limit of the valid range for RVP

for reformulated gasoline certified under

the simple model and sold in the State

of California from 6.6 to 6.4 psi). If

adverse comment or a request for a

public hearing is received on this direct

final rule, EPA will withdraw the direct

final rule and address the comments

received in a subsequent final rule on

the related proposed rule. No additional

opportunity for public comment on this

change to the lower limit of the simple

model’s valid range for RVP will be

provided.

DATES: This action will become effective

on July 8, 1996, unless notice is

received by June 7, 1996 from someone

who wishes to submit adverse comment

or requests an opportunity for a public

hearing. If such notice is received, EPA

will withdraw this direct final rule, and

a timely notice will be published in the

Federal Register to indicate the

withdrawal.

ADDRESSES: All documents relevant to

this direct final rulemaking have been

placed in public docket number A–96–

14. The public docket may be inspected

at U.S. Environmental Protection

Agency, Air Docket Section, 401 M

Street, SW, Room M–1500, Washington,

D.C. 20460. Documents may be

inspected between the hours of 8:00

a.m. and 5:30 p.m., Monday through

Friday. A reasonable fee may be charged

for copying docket materials.

FOR FURTHER INFORMATION CONTACT:

Anne-Marie C. Pastorkovich, U.S.

Environmental Protection Agency,

Office of Air and Radiation, (202) 233–

9013.

SUPPLEMENTARY INFORMATION:

I. Regulated Entities

Regulated categories and entities

potentially affected by this action

include:

Category Examples of regulated entities

Industry .... Refiners of California gasoline.

This table is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

regulated by this action. This table lists

the types of entities that EPA is now

aware could be potentially regulated by

this action. Other types of entities not

listed in the table could also be

regulated. To determine whether your

entity is regulated by this action, you

should carefully examine section 80.42

(c)(1), note (1), of today’s regulatory

action. You should also carefully

examine the existing provisions at 40

CFR section 80.81, dealing specifically

with California gasoline.

II. Introduction

A. Reformulated Gasoline Standards

and California Covered Areas

Section 211(k) of the Clean Air Act

(the Act) requires EPA to establish

standards for reformulated gasoline to

be used in specified ozone

nonattainment areas (covered areas), as

well as standards for non-reformulated,

or conventional, gasoline used in the

rest of the country, beginning in

January, 1995. The reformulated

gasoline covered areas in California are

Los Angeles and San Diego, and,

beginning June 1, 1996, Sacramento, as

a result of its redesignation as a Severe

ozone nonattainment area. The Act

requires that reformulated gasoline

reduce VOC and toxics emissions from

motor vehicles, not increase NOX
Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Rules and Regulations 20737

1 59 FR 7812 (February 16, 1994).

2See 59 FR 36944 (July 20, 1994).

3See note 2.

4 60 FR 6030 (February 1, 1995).

5All correspondence related to this rulemaking

may be examined at the public docket at the

location listed in the ‘‘ADDRESSES’’ section of this

notice.

6For federal reformulated gasoline program

compliance on a per-gallon basis, the simple model

maximum standards for RVP are ≤ 7.2 psi in VOC

Control Region I and ≤ 8.1 psi for VOC Control

Region II. For average compliance under the federal

reformulated gasoline program, the simple model

per gallon maximum RVP for VOC controlled

federal gasoline, by comparison, is ≤7.4 psi for VOC

Control Region I and ≤8.3 psi for VOC Control

Region II and, on average, ≤ 7.1 psi and ≤ 8.0 psi,

for VOC Control Regions I and II, respectively. See

40 CFR section 80.41 (a) and (b) and the discussion

under II(c) of this notice, above.

7See note 5, above.

8See note 5, above.

emissions, and meet certain content

standards for oxygen, benzene and

heavy metals. The Administrator signed

the final reformulated gasoline

regulations on December 15, 1993 and

they were published in the Federal

Register on February 14, 1994.1

B. Specific Exemptions Related to

California Gasoline

During the federal reformulated

gasoline rulemaking, and in response to

comments by California refiners, EPA

concluded (1) that VOC and toxics

emission reductions resulting from the

California Phase 2 standards would be

equal to or more stringent than the

federal reformulated gasoline standards,

(2) that the content standards for oxygen

and benzene under California Phase 2

would in practice be equivalent to the

federal content standards, and (3) that

the California Air Resources Board’s

(CARB’s) compliance and enforcement

program is designed to be sufficiently

rigorous. As a result, 40 CFR § 80.81 of

the reformulated gasoline regulations

exempts certain refiners of California

Phase 2 gasoline from a number of

federal reformulated gasoline provisions

intended to demonstrate compliance

with the federal standards. While the

federal reformulated gasoline and

conventional gasoline standards

continue to apply in California, refiners

of gasoline sold in California are exempt

in most cases from various enforcementrelated provisions. California refiners

are not exempt from these federal

enforcement requirements with regard

to gasoline that is delivered for use

outside California, because the

California Phase 2 standards and the

CARB enforcement program do not

cover gasoline exported from California.

C. Reid Vapor Pressure Simple Model

Lower Limit

The federal reformulated gasoline

program includes limitations on Reid

vapor pressure (RVP) of reformulated

gasoline certified using the simple

model. The maximum RVP simple

model standards are given in 40 CFR

section 80.41 (a) and (b), relating to pergallon and averaged standards,

respectively. Maximum RVP is

controlled because of the increased VOC

emissions that result from gasoline with

higher RVP levels.

The minimum RVP of reformulated

gasoline certified under the simple

model is set by the lower end of the

valid range as specified in 40 CFR

§ 80.42(c)(1). The nationwide lower

limit for RVP for reformulated gasoline

certified under the simple model is 6.6

psi, although under 40 CFR § 80.45(f)(1)

this minimum RVP limit changes to 6.4

psi, under the complex model,

beginning in 1998.

There are several reasons why the

simple and complex models have

different lower limits for the RVP range

(for the simple model, 6.6 psi, and for

the complex model, 6.4 psi). The simple

model and complex model are two

completely different models, developed

at different times from different data

sets and relying upon different

modeling assumptions and approaches.

The complex model, which was

developed after the simple model,

incorporates many more data points.

The low end of the valid ranges for

RVP in the simple model and the

complex model (i.e. 6.6 psi and 6.4 psi,

respectively) were based upon the

distribution of data used in the model’s

development. Both the simple model

and the complex model are linear with

respect to RVP for all pollutants.2 Thus,

any relationship of RVP to pollutants

can be extended linearly from 6.6 psi to

6.4 psi with confidence. (As is

explained elsewhere in this notice, the

Agency is proposing to lower the

minimum RVP for simple model

reformulated gasoline in California from

6.6 to 6.4 psi.)

After promulgation of the final

reformulated gasoline and anti-dumping

rule, some refiners suggested that EPA

reduce the RVP lower limit for the

simple model to 6.4 psi nationwide. The

reasons for their request were (1) to

provide flexibility for refiners, (2)

consistency with the complex model,

which has a 6.4 psi lower limit for RVP,

and (3) to facilitate the certification and

use of California Phase 2 gasoline. EPA

agreed with these reasons and issued a

direct final rule which included this

change.3 EPA later withdrew the change

and published notice of the withdrawal

in the Federal Register 4 because

adverse comment was received from the

American Automobile Manufacturers

Association (AAMA). AAMA,

representing automakers, cited concerns

about driveability from lower RVP

gasoline if RVP was reduced

nationwide.

III. Revision to the RVP Range Under

the Simple Model

The Western States Petroleum

Association (WSPA) has requested, on

behalf of gasoline refiners in California,

that EPA modify the minimum Reid

Vapor Pressure (RVP) allowable under

the simple model for reformulated

gasoline sold in California. In an August

3, 1995 letter to Ms. Mary Nichols,

Assistant Administrator for Air and

Radiation, WSPA asserted that it

believes that there are certain

constraints on refiners that exist as a

result of the need to comply with both

the federal reformulated gasoline

program and the California Phase 2

reformulated gasoline program

scheduled to begin on March 1, 1996.5

Specifically, the California Phase 2

program sets a maximum summertime

volatility standard of 7.0 psi. During the

summer, California refiners currently

must meet an RVP lower limit of 6.6 psi

minimum for areas subject to the federal

reformulated gasoline standards (i.e.,

the lower limit of the federal simple

model range) and 7.0 psi maximum (i.e.,

the California RVP maximum standard).

This is a ‘‘tighter’’ operational range

than producers of reformulated gasoline

outside of California are required to

operate within.6 WSPA has requested

that EPA change the lower limit RVP

value for reformulated gasoline to 6.4

psi in California to allow necessary

operating flexibility and the American

Automobile Manufacturers Association

(AAMA) has indicated in a letter to

EPA7 that they agree to this change in

the case of California gasoline. As

discussed above, AAMA had objected to

a nationwide change to 6.4 psi lower

limit in 1994. More recently, these

automakers revised their view with

regard to gasoline used in California,

and now do not object to changing the

RVP minimum value to 6.4 psi in the

limited case of California Phase 2

gasoline, as expressed in a letter to EPA

dated December 7, 1995.8 Specifically,

automakers do not expect driveability

index concerns with California Phase 2

gasoline with RVP values as low as 6.4

psi, as a result of other controls on

certain distillation parameters under the

California program. These additional

distillation parameters are T50 and T90,

the temperature at which 50 percent and

90 percent, respectively, of a liquid are
20738 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Rules and Regulations

9 58 FR 51736 (October 4, 1993). 10 Id. at section 3(f) (1)–(4).

evaporated. EPA believes that changing

the federal summertime minimum RVP

standard to 6.4 psi in California will

permit necessary flexibility for

producers, is supportable as a

reasonable extension of the model based

on consistency with the complex model,

will result in no environmental harm,

and will not adversely affect automotive

driveability.

IV. Environmental Impact

This rule is expected to have no

negative environmental impact.

Applicable controls on maximum

volatility during the VOC control period

are not affected by this rule. If anything,

this revision will make it more feasible

to produce lower limit RVP gasoline,

which produces fewer motor vehicle

VOC emissions.

V. Economic Impact

The Regulatory Flexibility Act, 5

U.S.C. 601–612, requires that Federal

Agencies examine the impacts of their

regulations on small entities. The act

requires an Agency to prepare a

regulatory flexibility analysis in

conjunction with notice and comment

rulemaking, unless the Agency head

certifies that the rule will not have a

significant impact on a substantial

number of small entities. 5 U.S.C.

605(b). The Administrator certifies that

this rule will not have a significant

impact on a substantial number of small

entities. This rule is not expected to

result in any additional compliance cost

to regulated parties and may be

expected to reduce compliance cost.

VI. Effective Date

This action will become effective July

8, 1996. If notice of adverse comment is

received, EPA will withdraw this final

rule, and a timely notice will be

published in the Federal Register. See

‘‘DATES’’ section, above.

VII. Executive Order 12866

Under Executive Order 12866, 9 the

Agency must determine whether a

regulation 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 of

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 entitlements, 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 this Executive Order.10

It has been determined that this rule

is not a ‘‘significant regulatory action’’

under the terms of Executive Order

12866 and is therefore not subject to

OMB review.

VIII. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘UMRA’’), P.L. 104–4, EPA must

prepare a budgetary impact statement to

accompany any general notice of

proposed rulemaking or final rule that

includes a Federal mandate which may

result in estimated costs to State, local,

or tribal governments in the aggregate,

or to the private sector, of $100 million

or more. Under Section 205, for any rule

subject to Section 202 EPA generally

must select the least costly, most costeffective, or least burdensome

alternative that achieves the objectives

of the rule and is consistent with

statutory requirements. Under Section

203, before establishing any regulatory

requirements that may significantly or

uniquely affect small governments, EPA

must take steps to inform and advise

small governments of the requirements

and enable them to provide input.

EPA has determined that the final rule

promulgated today does not include a

federal mandate as defined in UMRA.

The rule does not include a Federal

mandate that may result in estimated

annual costs to State, local or tribal

governments in the aggregate, or to the

private sector, of $100 million or more,

and it does not establish regulatory

requirements that may significantly or

uniquely affect small governments.

List of Subjects in 40 CFR Part 80

Environmental protection, Air

pollution control, Gasoline,

Reformulated gasoline, Motor vehicle

pollution.

Dated: May 1, 1996.

Carol M. Browner,

Administrator.

40 CFR part 80 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: Sections 114, 211 and 301(a) of

the Clean Air Act as amended (42 U.S.C.

7414, 7545, and 7601(a)).

2. Section 80.42 is amended by

revising the table in paragraph (c)(1) to

read as follows:

§ 80.42 Simple emissions model.

* * * * *

(c) * * *

(1) * * *

Fuel parameter Range

Benzene content ............. 0.0–4.9 vol %.

RVP ................................. 6.6–9.0 psi.1

Oxygenate content .......... 0–4.0 wt %.

Aromatics content ............ 0–55 vol %.

1For gasoline sold in California, the applicable RVP range shall be 6.4–9.0 psi.

* * * * *

[FR Doc. 96–11331 Filed 5–7–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 89 and 90

[FRL–5502–5]

Reduced Certification Reporting

Requirements for New Nonroad

Engines

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: This direct final rule revises

certification requirements for new

nonroad spark-ignition engines at or

below 19 kilowatts, and new nonroad

compression-ignition engines at or

above 37 kilowatts, by reducing the

reporting burden associated with the

application for certification.

DATES: This final action will become

effective on July 8, 1996 unless notice

is received by June 7, 1996 that any

person wishes to submit adverse

comments. Should EPA receive such

notice, EPA will publish a subsequent

action in the Federal Register

withdrawing all or part of this final

action.

ADDRESSES: Written comments should

be submitted (in duplicate, if possible)

to: EPA Air and Radiation Docket,

Attention Docket No. A–95–57, room

M–1500 (mail code 6102), 401 M St.,

S.W., Washington, D.C. 20460. Materials

relevant to this rulemaking are

contained in docket No. A–95–57, and

may be viewed from 8:30 a.m. until 5:30

p.m. weekdays. The docket may also be