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[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Proposed Rules]
[Pages 34775-34778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17027]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[FRL-5531-1]

Use of Alternative Analytical Test Methods in the Reformulated 
Gasoline Program

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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[[Page 34776]]

SUMMARY: This proposal would amend the deadline for the use of certain 
alternative analytical test methods in the reformulated gasoline (RFG) 
program. Currently, the deadline for the use of these alternative test 
methods expires on January 1, 1997. This proposed amendment would 
extend the deadline for the use of alternative test methods in the 
reformulated gasoline program to September 1, 1998.
    EPA is considering expanding the ability of industry to use various 
alternative analytical test methods. Extension of this deadline will 
allow refiners and others to continue using the currently approved 
alternative analytical test methods pending a final decision by EPA on 
additional alternatives. This proposed extension would result in 
greater flexibility for the regulated industry and reduce costs to all 
interested parties.
    The RFG program reduces motor vehicle emissions of volatile organic 
compounds (VOC), oxides of nitrogen (NOx) and certain toxic pollutants. 
This proposed change in the deadline for the use of certain alternative 
test methods under Sec. 80.46 preserves the status quo of the RFG 
program and will have no change in the emission benefits that result 
from the RFG program.

DATES: Comments on this proposed rule must be received by August 2, 
1996.

ADDRESSES: Written comments on this proposed action should be addressed 
to Public Docket No. A-96-29, Waterside Mall (Room M-1500), 
Environmental Protection Agency, Air Docket Section, 401 M Street, 
S.W., Washington, D.C. 20460. Materials relevant to this rulemaking 
have been placed in Docket A-96-29. Documents may be inspected between 
the hours of 8:00 a.m. to 5:30 p.m., Monday through Friday. A 
reasonable fee may be charged for copying docket material.

FOR FURTHER INFORMATION CONTACT: Joseph R. Sopata, Chemist, U.S. 
Environmental Protection Agency, Office of Air and Radiation, (202) 
233-9034.

SUPPLEMENTARY INFORMATION:

    Regulated Entities. Entities potentially regulated by this action 
are those that use analytical test methods to comply with the 
Reformulated Gasoline Program. Regulated categories and entities 
include:

------------------------------------------------------------------------
                                                Examples of regulated   
                 Category                             entities          
------------------------------------------------------------------------
Industry..................................  Oil refiners, gasoline      
                                             importers, oxygenate       
                                             blenders, analytical       
                                             testing laboratories.      
------------------------------------------------------------------------

    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 
that could potentially be regulated by this action. Other types of 
entities not listed in this table could also be regulated. To determine 
whether your business is regulated by this action, you should carefully 
examine the applicability criteria in Sec. 80 of title 40 of the Code 
of Federal Regulations. If you have any questions regarding the 
applicability of this action to a particular entity, consult the person 
listed in the preceding FOR FURTHER INFORMATION CONTACT section.

I. Introduction

A. RFG Standards

    Section 211(k) of the Clean Air Act (the Act) requires that EPA 
establish standards for RFG 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 Act requires that RFG reduce VOC and toxics 
emissions from motor vehicles, not increase NOx emissions, and meet 
certain content standards for oxygen, benzene and heavy metals. EPA 
promulgated the final RFG regulations on December 15, 1993.1 See 
40 CFR part 80, subpart D.
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    \1\ 59 FR 7812, February 16, 1994.
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B. Test Methods Utilized at Sec. 80.46

    Refiners, importers and oxygenate blenders are required, among 
other things, to test RFG for various gasoline parameters or qualities, 
such as sulfur levels, aromatics, benzene, and so on. During the 
federal RFG rulemaking, and in response to comments by the regulated 
industry, EPA concluded that it would be appropriate to temporarily 
allow the use of alternative analytical test methods for measuring the 
parameters of aromatics and oxygenates. See 40 CFR 80.46. EPA adopted 
this provision because the designated analytical test methods for each 
of these parameters were costly and relatively new, leaving the 
industry little time to fully implement the designated analytical test 
methods. EPA therefore provided flexibility to the regulated industry 
by allowing the use of alternative analytical test methods for the two 
above mentioned parameters until January 1, 1997. After that date, use 
of the designated analytical test methods was required. Table 1 lists 
the designated analytical test method for each parameter measured under 
the RFG program.

    Table 1.--Designated Analytical Test Method Under the RFG Program   
------------------------------------------------------------------------
      RFG gasoline parameter          Designated analytical test method 
------------------------------------------------------------------------
Sulfur............................  ASTM D-2622-92, entitled ``Standard 
                                     Test Method for Sulfur in Petroleum
                                     Products by X-Ray Spectrometry''.  
Olefins...........................  ASTM D-1319-93, entitled ``Standard 
                                     Test Method for Hydrocarbon Types  
                                     in Liquid Petroleum Products by    
                                     Fluorescent Indicator Absorption''.
Reid Vapor Pressure...............  Method 3, as described in 40 CFR    
                                     part 80, appendix E.               
Distillation......................  ASTM D-86-90, entitled ``Standard   
                                     Test Method for Distillation of    
                                     Petroleum Products''. \1\          
Benzene...........................  ASTM D-3606-92, entitled ``Standard 
                                     Test Method for Determination of   
                                     Benzene and Toluene in Finished    
                                     Motor and Aviation Gasoline by Gas 
                                     Chromatography''.\2\               
Aromatics.........................  Gas Chromatography as described in  
                                     40 CFR part 80.46(f).\3\           
Oxygen and Oxygenate content        Gas Chromatography as described in  
 analysis.                           40 CFR part 80.46(g).\4\           
------------------------------------------------------------------------
\1\ Except that the figures for repeatability and reproducibility given 
  in degrees Fahrenheit in Table 9 in the ASTM method are incorrect, and
  shall not be used.                                                    
\2\ Except that Instrument parameters must be adjusted to ensure        
  complete resolution of the benzene, ethanol and methanol peaks because
  ethanol and methanol may cause interference with ASTM standard method 
  D-3606-92 when present.                                               

[[Page 34777]]

                                                                        
\3\ Prior to January 1, 1997, any refiner or importer may determine     
  aromatics content using ASTM standard test method D-1319-93 entitled  
  ``Standard Test Method for Hydrocarbon Types in Liquid Petroleum      
  Products by Fluorescent Indicator Absorption'' for the purpose of     
  meeting any testing requirement involving aromatics content. Note: The
  January 1, 1997 deadline is the subject of today's notice.            
\4\ Prior to January 1, 1997, and when oxygenates present are limited to
  MTBE, ETBE, TAME, DIPE, tertiary-amyl alcohol, and C1 and C4 alcohols,
  any refiner, importer, or oxygenate blender may determine oxygen and  
  oxygenated content using ASTM standard method D-4815-93, entitled     
  ``Standard Test Method for Determination of MTBE, ETBE, TAME, DIPE,   
  tertiary-Amyl Alcohol and C1 and C4 Alcohols in Gasoline by Gas       
  Chromatography. Note: The January 1, 1997 deadline is the subject of  
  today's notice.                                                       

C. NPRA, API and Mobil Request To Extend the Deadline for the Use of 
Alternative Analytical Test Methods at Sec. 80.46 Beyond January 1, 
1997

    Mobil Oil Corporation, the American Petroleum Institute (API) and 
the National Petroleum Refiners Association (NPRA) have requested that 
EPA extend the deadline for the use of alternative analytical test 
methods for the measurement of aromatics and oxygenates as specified in 
Sec. 80.46. Currently, the ability to use alternative analytical test 
methods under Sec. 80.46 expires on January 1, 1997. In a September 25, 
1995 letter to EPA, API and NPRA jointly urged extension of the 
deadline for the use of alternative analytical test methods at 
Sec. 80.46 beyond January 1, 1997. They argued an extension would allow 
industry to avoid the burden of ordering costly equipment that would be 
more difficult to operate and maintain, in order to comply with the 
designated analytical test method. They also contended that the 
designated analytical test method will not necessarily improve test 
results.
    EPA intends to undertake a rulemaking to consider establishing a 
performance based analytical test method approach for the measurement 
of the reformulated gasoline (RFG) parameters at Sec. 80.46. Under this 
approach, quality assurance specifications would be developed under 
which the performance of alternate analytical test methods would be 
deemed acceptable for compliance. The Agency envisions that this 
approach would provide additional flexibility to the regulated industry 
in their choice of analytical test methods to be utilized for 
compliance under the RFG and conventional gasoline programs for 
analytical test methods that differ from the designated analytical test 
method. EPA expects to finalize action on such a rulemaking by 
September 1, 1998.
    In the meantime, EPA today is proposing to extend the deadline for 
the use of the alternative analytical test procedures for aromatics and 
oxygenates under Sec. 80.46(f)(3) and Sec. 80.46(g)(9) until September 
1, 1998. The Agency believes that it would be more appropriate to allow 
parties to continue using these alternative analytical test methods 
until a final decision is made on the performance based analytical test 
method approach in order that parties may make long-term purchase 
decisions based on all the testing options that could be available at 
the conclusion of this rulemaking.

II. Environmental Impact

    The RFG program, as required by the Act, obtains emission 
reductions for VOC, NOX and toxic emissions from motor vehicles. 
This proposed change in the deadline for the use of certain alternative 
test methods under Sec. 80.46 preserves the status quo of the RFG 
program and will result in no change in the emission benefits of the 
RFG program.

III. 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). This proposed rule provides for flexibility in allowing the 
regulated industry to use certain alternative analytical test methods 
at Sec. 80.46 for eighteen additional months. This proposed rule is not 
expected to result in any additional compliance cost to regulated 
parties and may be expected to reduce compliance cost for regulated 
parties because it continues to provide a choice for the procurement of 
test methods for aromatics and oxygenates under the RFG program. This 
analysis applies to regulated parties that are small entities, as well 
as other regulated parties. Based on this, the Administrator certifies 
that this proposed rule will not have a significant impact on a 
substantial number of small entities.

IV. Executive Order 12866

    Under Executive Order 12866,\2\ 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:
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    \2\ 58 FR 51735, October 4, 1993.
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    (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.\3\
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    \3\ Id. at section 3(f)(1)-(4).
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    It has been determined that this proposed rule is not a 
``significant regulatory action'' under the terms of Executive Order 
12866 and is therefore not subject to OMB review.

V. 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 
cost-effective, 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 this proposed rule does not include a 
federal mandate as defined in UMRA. This proposed 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

[[Page 34778]]

significantly or uniquely affect small governments.

List of Subjects in 40 CFR Part 80

    Environmental protection, Air pollution control, Gasoline, 
Reformulated gasoline, Conventional gasoline, Motor vehicle pollution.

    Dated: June 26, 1996.
Carol M. Browner,
Administrator.

    For the reasons set forth in the preamble, 40 CFR part 80 of the 
Code of Federal Regulations is proposed to be amended as follows:
    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)).

    Section 80.46 is amended by revising the paragraphs under 
(f)(F)(3)(i) and (g)(G)(9)(i) to read as follows:

Sec. 80.46  Measurement of reformulated gasoline fuel parameters.

* * * * *
    (f) * * *
    (3) Alternative Test Method. (i) Prior to September 1, 1998, any 
refiner or importer may determine aromatics content using ASTM standard 
method D-1319-93, entitled ``Standard Test Method for Hydrocarbon Types 
in Liquid Petroleum Products by Fluorescent Indicator Adsorption.'' For 
purposes of meeting any testing requirement involving aromatic content, 
provided that
* * * * *
    (g) * * *
    (9)(i) Prior to September 1, 1998, and when the oxygenates present 
are limited to MTBE, ETBE, TAME, DIPE, tertiary-amyl alcohol, and C1 to 
C4 alcohols, any refiner, importer, or oxygenate blender may determine 
oxygen and oxygenate content using ASTM standard method D-4815-93, 
entitled ``Standard Test Method for Determination of MTBE, ETBE, TAME, 
DIPE, tertiary-Amyl Alcohol and C1 to C4 Alcohols in Gasoline by Gas 
Chromatography,'' for purposes of meeting any testing requirement; 
provided that
* * * * *
[FR Doc. 96-17027 Filed 7-2-96; 8:45 am]
BILLING CODE 6560-50-P
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