[Federal Register Volume 59, Number 166 (Monday, August 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21255]


[[Page Unknown]]

[Federal Register: August 29, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

[OMS-FRL-5060-7]

 

Final Agency Actions Regarding Fuel Additive Registration 
Provisions of the Clean Air Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Mobile Source Final Agency Actions.

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Summary: This notice announces final EPA actions taken in conjunction 
with its fuel additive registration program in the Office of Mobile 
Sources. Any person seeking judicial review of these final actions must 
petition the United States Court of Appeals for the District of 
Columbia Circuit for review of these actions. Failure to petition for 
review of any of these actions on or before October 19, 1994 will 
preclude a challenge later in an EPA enforcement action.

FOR FURTHER INFORMATION CONTACT: Joseph R. Sopata, Chemist, or James W. 
Caldwell, Chief, Fuels Section, Field Operations Support Division 
(6406J), U.S. Environmental Protection Agency, 401 M Street, SW., 
Washington, DC 20460, (202) 260-9020.

SUPPLEMENTARY INFORMATION: EPA has determined that all of the actions 
summarized below are final. Where available, the specific date on which 
the action became final is indicated. Pursuant to section 307(b)(1) of 
the Clean Air Act, EPA has determined that these actions are nationally 
applicable. Accordingly, judicial review of these actions is available 
only by filing a petition for review in the United States Court of 
Appeals for the District of Columbia Circuit on or before October 19, 
1994. Under section 307(b)(2) of the Clean Air Act, these final actions 
may not be challenged later in civil or criminal proceedings EPA may 
bring to enforce these actions. The following EPA actions regarding 
fuel additive registration have become final:
    1. By letter dated July 13, 1994, EPA determined that the Ethyl 
Corporation, (Ethyl), did not qualify to register under 40 CFR part 79, 
its fuel additive, HiTEC 3000, for use in unleaded gasoline. On April 
27, 1994, Ethyl applied for an ``update'' for its additive HiTEC 3000 
for use in unleaded gasoline. HiTec 3000 is not presently registered 
for use in unleaded gasoline. Under the applicable regulations 
governing registration of fuel additives, as amended effective on May 
27, 1994, 40 CFR 79.21(h) expressly provides that a manufacturer may 
not register a fuel additive for use in any type of fuel intended for 
use in motor vehicles manufactured after model year 1974 unless the 
additive is substantially similar to any fuel additive included in the 
certification of any 1975 or subsequent model year vehicle or engine or 
the manufacturer has obtained a waiver under Section 211(f)(4). Since 
HiTEC 3000 is not substantially similar under the applicable criteria 
and Ethyl has not obtained the requisite waiver under Section 
211(f)(4), EPA could not ``update'' the registration for HiTEC 3000 as 
requested by Ethyl. The decision of July 13, 1994 was final.
    2. By letter dated July 13, 1994, EPA determined that the Albemarle 
Corporation (Albemarle) did not qualify to register under 40 CFR part 
79, a variety of fuel additives containing MMT, for use in unleaded 
gasoline. On April 27, 1994, Albemarle submitted fuel manufacturer 
notification forms as applications to register a variety of fuel 
additives containing MMT for use in unleaded gasoline. No bulk additive 
product containing MMT is presently registered for use in unleaded 
gasoline. Under the applicable regulations governing registration of 
fuel additives, as amended effective on May 27, 1994, 40 CFR 79.21(h) 
expressly provides that a manufacturer may not register a fuel additive 
for use in any type of fuel intended for use in motor vehicles 
manufactured after model year 1974 unless the additive is substantially 
similar to any fuel additive included in the certification of any 1975 
or subsequent model year vehicle or engine or the manufacturer has 
obtained a waiver under Section 211(f)(4). Since none of the subject 
products may be regarded as substantially similar under the applicable 
criteria, and Albermarle has not sought or obtained the requisite 
waiver under Section 211(f)(4), EPA could not grant registration for 
the subject products for unleaded gasoline until any reference to 
unleaded gasoline has been deleted from the application forms. The 
decision of July 13, 1994 was final.

    Dated: August 19, 1994.
Richard D. Wilson,
Director, Office of Mobile Sources.
[FR Doc. 94-21255 Filed 8-26-94; 8:45 am]
BILLING CODE 6560-50-P