[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3832-3838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2231]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80

[FRL-5412-1]
RIN 2060-AD55


Prohibition on Gasoline Containing Lead or Lead Additives for 
Highway Use

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Clean Air Act prohibits the introduction of gasoline 
containing lead or lead additives into commerce for use as a motor 
vehicle fuel after December 31, 1995. In today's action, EPA revises 
its regulations regarding gasoline so as to prohibit the introduction 
of gasoline which is produced with the use of any lead additive, or 
contains more than 0.05 gram of lead per gallon, into commerce for use 
as motor vehicle fuel effective January 1, 1996, remove existing 
regulatory provisions which will no longer be necessary as a result of 
this ban, and modify other provisions to reflect the institution of 
this ban. Among the provisions deleted are recordkeeping and reporting 
requirements for refiners and importers, and the requirement that motor 
vehicle manufacturers place ``unleaded fuel only'' labels on the 
dashboard and on or around the fuel filler inlet area of each motor 
vehicle produced. EPA believes that continuance of the provisions 
deleted by this rule would pose needless costs on industry in light of 
the ban.
    In the proposed rules Section of today's Federal Register, EPA is 
proposing to issue a regulatory ban on the introduction of gasoline 
which is produced with the use of any lead additive, or contains more 
than 0.05 gram of lead per gallon, into commerce for use as a motor 
vehicle fuel effective January 1, 1996, and to remove existing 
regulatory provisions which will no longer be necessary as a result of 
this ban, and modify other provisions to reflect the institution of 
this ban. If adverse comment or a request for an opportunity for a 
public hearing is 

[[Page 3833]]
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 the leaded gasoline prohibition and related regulatory changes will 
be provided.
    The statutory ban goes into effect as of January 1, 1996, whether 
or not EPA amends its regulations by January 1, 1996 to incorporate the 
statutory ban on the introduction of gasoline containing lead or lead 
additivies into commerce for use as motor vehicle fuel.

DATES: This action will become effective on March 4, 1996 unless notice 
is received by February 20, 1996 from someone who wishes to submit 
adverse comment or request 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: Materials relevant to this rulemaking have been placed in 
Docket A-95-13. The docket is located at the U.S. Environmental 
Protection Agency, Air Docket Section, 401 M Street, SW., Washington, 
DC 20460 in Room M-1500 of Waterside Mall. 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. Those 
wishing to notify EPA of their intent to submit adverse comment or 
request an opportunity for a public hearing on this action should 
contact Paulina Chen, U.S. Environmental Protection Agency, Office of 
Air and Radiation, (202) 233-9031.

FOR FURTHER INFORMATION CONTACT: Paulina Chen, U.S. Environmental 
Protection Agency, Office of Air and Radiation, (202) 233-9031.

SUPPLEMENTARY INFORMATION: A copy of this action is available on the 
OAQPS Technology Transfer Network Bulletin Board System (TTNBBS). The 
TTNBBS can be accessed with a dial-in phone line and a high-speed modem 
(PH# 919-541-5742). The parity of your modem should be set to none, the 
data bits to 8, and the stop bits to 1. Either a 1200, 2400, 9600, 
14.4K, or 28.8K baud modem should be used. When first signing on, the 
user will be required to answer some basic informational questions for 
registration purposes. After completing the registration process, 
proceed through the following series of menus:

(M) OMS
(K) Rulemaking and Reporting
(3) Fuels
(8) Leaded fuel and engine bans

    Today's action will be in the form of a ZIP file and can be 
identified by the following title: LEADBAN.ZIP. To download this file, 
type the instructions below and transfer according to the appropriate 
software on your computer: ownload, rotocol, xamine, ew, 
ist, or elp Selection or  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 ystems Utilities from 
the top menu, under rchivers/de-archivers. 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.

I. Introduction

A. Background

    In the early 1970s, EPA issued regulations regarding lead in 
gasoline in order to accomplish two purposes. First, EPA issued 
regulations designed to ensure the availability of unleaded gasoline 
for use in motor vehicles equipped with emission control systems such 
as catalytic converters. EPA had determined that lead additives would 
impair to a significant degree the performance of emission control 
systems. 38 FR 1254 (Jan. 10, 1973). Second, EPA issued regulations 
designed to gradually reduce the content of lead in leaded gasoline, 
because EPA found that lead particle emissions from motor vehicles 
presented a significant risk of harm to the health of urban 
populations, especially children. 38 FR 33734 (Dec. 6, 1973).
    The first category of regulations, which were designed to ensure 
the availability of unleaded gasoline, defined unleaded gasoline as 
gasoline containing not more than 0.05 gram of lead per gallon and not 
more than 0.005 gram of phosphorus per gallon. 38 FR at 1255. The 
Agency allowed up to 0.05 gram of lead per gallon in unleaded gasoline 
because it determined this maximum trace level would provide adequate 
protection for catalyst emission control devices and would be 
practicable for the petroleum industry. 38 FR 1254. The current 
definition of unleaded gasoline still allows for trace amounts of lead 
up to 0.05 gram per gallon but expressly prohibits the use of any lead 
additive in the production of unleaded gasoline. 40 C.F.R. 80.2(g).
    The same 1973 regulations also limited phosphorus in unleaded 
gasoline to 0.005 gram per gallon or less, because the Agency found 
this maximum, set at trace levels, was necessary to prevent catalyst 
deterioration in emission control systems. 38 FR 1254-55. The current 
definition of unleaded gasoline still limits phosphorus to no more than 
0.005 gram per gallon. 40 C.F.R. 80.2(g).
    In 1973, EPA also instituted the lead phasedown program designed to 
minimize the lead content of leaded gasoline. Through an orderly phase 
out, including banking and trading of lead credits, and through 
aggressive enforcement, the lead phasedown program was successful. By 
1988, it was estimated that total lead usage in gasoline had been 
reduced to less than one percent of the amount of lead used in the peak 
year of 1970.1 The remaining uses of leaded gasoline in motor 
vehicles are predominantly in rural areas.

    \1\ Persons interested in detailed historical information may 
refer to the following Federal Register notices: ``Regulation of 
Fuel Additives--Advanced Notice of Proposed Rulemaking,'' 36 FR 1486 
(January 30, 1971); ``Regulation of Fuels and Fuel Additives--Notice 
of Proposed Rulemaking,'' 37 FR 3882 (February 23, 1972); 
``Regulation of Fuels and Fuel Additives--Notice of Proposed 
Rulemaking,'' 38 FR 1254 (January 10, 1973); ``Proposed Rulemaking 
Concerning Availability of Unleaded Gas,'' 38 FR 28301 (October 12, 
1973); ``Control of Lead Additives in Gasoline,'' 38 FR 33734 
(December 6, 1973); ``Fuels and Fuel Additives--Suspension of 
Enforcement of Regulations for Control of Lead Additives in 
Gasoline,'' 40 FR 7480 (February 20, 1975); ``Fuels and Fuel 
Additives--Lifting of Suspension of Enforcement of Regulations for 
Control of Lead Additives in Gasoline,'' 41 FR 13984 (April 1, 
1976); ``Regulation of Fuel and Fuel Additives--Lifting of 
Suspension of Enforcement of Regulation Additives in Gasoline,'' 41 
FR 28352 (July 9, 1976); ``Regulation of Fuels and Fuel Additives--
Control of Lead Additives in Gasoline,'' 41 FR 42675 (September 28, 
1976); ``Lead Additives in Gasoline: Controls on Refiners, 
Clarifications and Response to Public Comments,'' 41 FR 55646 
(December 21, 1976); ``Regulation of Fuels and Fuel Additives: Small 
Refinery Amendment--Final Rulemaking,'' 44 FR 46275 (August 7, 
1979); ``Controls Applicable to Gasoline Refiners; Lead Phase-Down 
Regulations--Notice of Proposed Rulemaking,'' 45 FR 3722. Also see: 
``Regulation of Fuels and Fuel Additives--Proposed Rule,'' 47 FR 
7812 (February 22, 1982); ``Regulation of Fuels and Fuel Additives--
Withdrawal of Proposed Rule,'' 47 FR 38070 (August 27, 1982); 
``Regulation of Fuels and Fuel Additives--Final Rule,'' 47 FR 49322 
(October 29, 1982).
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B. Statutory Authority

    In 1990 Congress added section 211(n) to the Clean Air Act, which 
provides as follows:

    After December 31, 1995, it shall be unlawful for any person to 
sell, offer for sale, supply, offer for supply, dispense, transport, 


[[Page 3834]]
or introduce into commerce, for use as fuel in any motor vehicle (as 
defined in section 7554(2) of this title) any gasoline which 
contains lead or lead additives.

42 U.S.C. 7545(n). The term ``motor vehicle'' is defined to include any 
self-propelled vehicle designed for transporting persons or property on 
a street or highway. 42 U.S.C. 7550(2).\2\

    \2\ Section 211(n) of the Clean Air Act refers to the definition 
of motor vehicle in 42 U.S.C. 7554(2), but the definition appears in 
section 7550(2) (section 7554 pertains to urban bus standards). EPA 
believes that section 211(n) contains a typographical error and that 
Congress intended to refer to the definition of motor vehicle that 
appears in 42 U.S.C. 7550(2).
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    Section 211(n)'s prohibition will become effective January 1, 1996. 
By this action, EPA is incorporating the statutory ban into the 
agency's existing regulations on the lead content of gasoline, and is 
simplifying the existing regulations accordingly. In so doing, EPA had 
to determine whether Congress specifically intended in section 211(n) 
to ban the introduction into commerce for use in motor vehicles of 
gasoline which contains even a trace amount of lead, or whether this 
prohibition could reasonably be interpreted as authorizing the 
continued sale of unleaded gasoline which includes the trace amount of 
lead currently allowed under EPA's regulations.
    As EPA interprets the statutory ban, it prohibits the sale of 
gasoline which is produced with the use of any lead additive or 
contains more than a trace amount of lead, but allows the continued 
sale of gasoline which meets EPA's current definition of unleaded 
gasoline. EPA has historically defined unleaded gasoline as gasoline 
that is produced without the use of any lead additive and that contains 
no more than 0.05 gram of lead per gallon.\3\ EPA interprets section 
211(n) this way for the following reasons.

    \3\ The regulatory definition of ``unleaded gasoline'' also 
contains a cap on the amount of phosphorus, see 40 CFR 80.2(g), but 
the phosphorus cap is not relevant to the discussion of section 
211(n).
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    Unleaded gasoline that was produced without lead additives may pick 
up trace amounts of lead as it passes through refinery and transport 
systems that had previously contained leaded gasoline. The language of 
section 211(n) indicates no clear Congressional intent regarding such 
trace amounts of lead that unintentionally exist in gasoline which was 
produced without the use of lead additives. Had Congress wanted to ban 
even unintentional, trace amounts of lead, it could have made its 
intent clear with, for example, statutory language banning gasoline 
that ``contains any lead or lead additives.''
    While the text of section 211(n) is ambiguous, its heading and the 
heading of section 220 of the 1990 amendments, which added section 
211(n) to the Clean Air Act, suggest that Congress intended to ban the 
use in motor vehicles of leaded gasoline, which EPA has historically 
defined as gasoline that is produced with the use of a lead additive or 
that contains more than 0.05 gram of lead per gallon. See 40 CFR 
80.2(f). Where headings are enacted by Congress in conjunction with the 
statutory text and the meaning of the text is ambiguous, headings may 
help elucidate congressional intent. E.g., United States v. Wallington, 
889 F.2d 573, 577 (5th Cir. 1989). In this instance, the heading of 
section 220 of the 1990 amendments reads ``Lead Phasedown'' while the 
heading of section 211(n) reads ``Prohibition on Leaded Gasoline for 
Highway Use.'' Clean Air Act Amendments of 1990, Pub. L. No. 101-549, 
Sec. 220, 104 Stat. ____, 2500 (1990). Since it is presumed that 
Congress was familiar with EPA's existing regulations implementing the 
phasedown of lead in leaded gasoline,\4\ these headings suggest that 
Congress intended to complete the lead phasedown program by banning the 
use in motor vehicles after 1995 of gasoline that is produced with the 
use of a lead additive or that contains more than 0.05 gram of lead per 
gallon.

    \4\ Congress is presumed to be familiar with an agency's 
construction of the existing provisions of a statute when Congress 
amends the statute. N. Singer, Sutherland Statutes and Statutory 
Construction, Sec. 22.35 (5th Ed. 1992).
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    The legislative history of the Clean Air Act Amendments of 1990 
supports this interpretation of Congress's intent in adding section 
211(n) to the Clean Air Act. While the conference report for the 1990 
amendments contains no explanation of section 220, the ``Chafee-Baucus 
Statement of Senate Managers,'' which was included in the Congressional 
Record at the request of Senators Chafee and Baucus to supplement the 
conference report, describes the provision as banning ``the sale of 
leaded gasoline * * *.'' 136 Cong. Rec. S16,938 (Oct. 27, 1990). This 
evidence supports EPA's conclusion that section 211(n) may reasonably 
be interpreted as banning in 1996 the introduction into commerce for 
use as a motor vehicle fuel all gasoline that is produced with the use 
of any lead additive or that contains more than 0.05 gram lead per 
gallon. See Chevron, USA v. NRDC, 467 U.S. 837 (1984).
    EPA originally issued regulations mandating the availability of 
unleaded gasoline for use in motor vehicles containing catalytic 
converters or similar emission control devices under section 211(c) of 
the Clean Air Act, which authorizes the Administrator to control the 
manufacture, introduction into commerce, offering for sale, or sale of 
any fuel additive for use in a motor vehicle if the emission products 
of such additive will impair to a significant degree the performance of 
any emission control device. 42 U.S.C. 7545(c)(1). The definition of 
``unleaded gasoline'' which EPA finalized at that time and which 
remains in effect today includes a phosphorus cap of not more than 
0.005 gram per gallon because phosphorus above this trace level could 
cause catalyst deterioration in emission control systems. EPA's actions 
in this rule do not change its prior exercise of authority under 
section 211(c) to control the amount of phosphorus in gasoline.
    EPA also promulgates this final rule pursuant to its authority 
under section 301(a) of the Clean Air Act, 42 U.S.C. 7601(a).

C. Availability of Gasoline Containing Lead or Lead Additives for Uses 
Other Than as Motor Vehicle Fuel

    Section 211(n) bans the use of gasoline containing lead or lead 
additives for use as a motor vehicle fuel but does not restrict other 
potential uses of gasoline containing lead or lead additives. The 
definition of motor vehicle is limited to self-propelled vehicles 
designed for transporting persons or property on a street or highway. 
42 U.S.C. 7550(2). The regulations of 40 CFR Part 80, which are amended 
by this rule, apply only to fuel that is sold for use in motor 
vehicles. See 40 CFR 80.2(c). The petroleum industry may continue to 
make and market gasoline produced with lead additives for all remaining 
uses, including use as fuel in aircraft, racing cars, and nonroad 
engines such as farm equipment engines and marine engines, to the 
extent otherwise allowed by law.

II. Description of Today's Rule

    Today's direct final rule amends 40 CFR Part 80 to prohibit the 
introduction into commerce for use as a motor vehicle fuel after 
December 31, 1995 of gasoline which is produced with the use of any 
lead additive, or contains more than 0.05 gram of lead per gallon, in 
accordance with section 211(n) of the Clean Air Act. Because the 
existing regulations at 40 CFR Part 80 currently allow the sale of 
leaded gasoline for use as a motor vehicle fuel, and the prohibition in 
Section 211(n) makes some of Part 80's requirements unnecessary, this 
rule also deletes the provisions which are no longer needed, and 
modifies other provisions to reflect the institution of the ban. 

[[Page 3835]]

    A detailed description of this rule's changes to 40 CFR Part 80 is 
offered below. This rule becomes effective on March 4, 1996 and all 
changes discussed below become effective on that date.

A. Prohibition on the Sale of Gasoline Which is Produced With the Use 
of Any Lead Additive or Contains More Than 0.05 Gram of Lead Per Gallon

    In accordance with the statutory ban set forth in section 211(n) of 
the Clean Air Act, this rule adds a paragraph (b) to section 80.22 that 
prohibits introducing into commerce for use as fuel in motor vehicles 
gasoline which is produced with the use of any lead additive or 
contains more than 0.05 gram of lead per gallon. As explained above, 
EPA will permit an unintentional trace level of lead in motor vehicle 
fuel. Also, the term ``lead additive'' as defined in section 80.2(e) 
encompasses pure lead as well as lead compounds, so that the ban in 
section 80.22(b) will cover gasoline produced with the use of pure lead 
as well as lead compounds.

B. Related Changes

    Several of Part 80's existing provisions will become unnecessary 
once the statutory ban on the use of gasoline containing lead or lead 
additives as a motor vehicle fuel goes into effect on January 1, 1996. 
Accordingly, this rule deletes or revises the following provisions 
effective March 4, 1996.
    Section 80.2(f). Section 80.2(f) currently contains the definition 
of leaded gasoline and is deleted. The definition of leaded gasoline is 
no longer necessary in regulations relating to motor vehicle fuels once 
the statute's ban on using gasoline containing lead or lead additives 
as motor vehicle fuel goes into effect.
    Section 80.7. Section 80.7 currently explains the extent to which 
EPA may require persons to provide information to EPA when EPA has 
reason to believe that a violation of section 211(c) of the Clean Air 
Act and the regulations thereunder has occurred. This rule amends 
section 80.7 to include a reference to violations of section 211(n) of 
the Clean Air Act and the regulations thereunder. It also deletes the 
reference to labels and signs in section 80.7(c), because these items 
will no longer be required under section 80.22 (see discussion of 
section 80.22).
    Section 80.20. This rule deletes section 80.20 in its entirety. 
Section 80.20 contains provisions related to the phasedown of lead 
content in gasoline produced for use in motor vehicles which will 
become obsolete once the sale of gasoline containing lead or lead 
additives for use in motor vehicles is banned. The provisions specify 
interim phases of lead reduction, reporting requirements for refiners 
and importers to show compliance with the lead content restrictions, 
and provisions allowing inter-refinery averaging and banking of lead 
usage rights.
    Section 80.21. This rule deletes section 80.21 in its entirety. 
Section 80.21 contains controls applicable to gasoline distributors 
similar to the provisions in 80.22. For simplification, these 
provisions will be consolidated in the general controls and 
prohibitions under 80.22.
    Section 80.22. This rule changes the title of section 80.22 to 
reflect the consolidation of sections 80.21 and 80.22. The title will 
be changed from ``Controls applicable to gasoline retailers and 
wholesale purchaser-consumers'' to ``Controls and prohibitions.''
    Section 80.22(a). This rule modifies section 80.22(a) to reflect 
the simultaneous removal of both the definition of leaded gasoline (see 
discussion of section 80.2(f)) and the requirement to label motor 
vehicles ``unleaded gasoline only'' (see discussion of section 80.24).
    Section 80.22(d) and (e). This rule deletes section 80.22(d), which 
requires notices at each gasoline pump stand prohibiting the 
introduction of leaded gasoline into motor vehicles designed for 
unleaded gasoline. This rule also deletes section 80.22(e), which 
requires that gasoline pumps be labelled to identify whether they 
contain leaded or unleaded gasoline.
    EPA believes that these requirements are no longer necessary to 
prevent misfueling. Leaded gasoline has been largely phased out and now 
accounts for less than one percent of gasoline sold in urban areas. 
EPA's discussions with the gasoline refiners which produced leaded 
gasoline in 1995 have revealed that all but one refiner have already 
ceased to produce gasoline with the use of lead additives. One refiner 
continues to produce leaded fuel for nonroad uses. Many fuel pumps 
dispensing gasoline used in nonroad applications are not located at 
retailers and wholesale purchaser-consumers, although some fuel pumps 
dispensing racing fuel may be located at retailers and wholesale 
puchaser-consumers. EPA believes it unlikely that misfueling of motor 
vehicles with gasoline which is produced with the use of any lead 
additive, or contains more than 0.05 gram of lead per gallon, will 
occur at these locations, because such gasoline costs significantly 
more than unleaded gasoline. For example, racing fuel currently costs 
around five dollars per gallon.
    Section 80.22(f). Section 80.22(f) regulates nozzle spout sizes of 
pumps dispensing gasoline. First, the dates in this section are 
modified to reflect the institution of this ban. Second, paragraph 
80.22(f)(1) contains the requirement for the nozzle size of pumps 
dispensing leaded gasoline, and this requirement will no longer be 
necessary because gasoline containing lead or lead additives will no 
longer be permitted to be dispensed into motor vehicles as a result of 
the statutory ban. Although leaded fuel will still be available for 
nonroad uses, EPA currently does not regulate the nozzle sizes on pumps 
dispensing such fuel. Therefore, this rule deletes paragraph 
80.22(f)(1). EPA is retaining a nozzle size requirement for dispensing 
unleaded gasoline in paragraph 80.22(f)(2) in order to ensure that 
nozzles function properly in conjunction with the motor vehicle fuel 
inlet restrictors, which must be of a certain size per the requirement 
of section 80.24(b).
    Sections 80.22(g) and (h). Sections 80.22(g) and (h) refer to 
compliance with sections 80.22(e) and (f) for multiple grades of 
gasoline. These sections' references to 80.22(e) are irrelevant because 
this rule deletes that subsection. With respect to paragraph (f), 
section 80.22(g) permits the Administrator to grant an exception to the 
requirement of paragraph (f) upon demonstration that alternate 
equipment will comply with the objectives of paragraph (f). EPA is not 
aware of any exceptions granted under paragraph (g) at this time and 
believes the exception authority provided by 80.22(g) is not needed. 
According to section 80.22(h), compliance with paragraph (f) is 
required for only one grade where there is more than one grade of 
unleaded gasoline offered for sale. EPA believes that, to ensure that 
the statute's ban is implemented properly, the requirements of 
paragraph (f) should apply to each pump dispensing unleaded gasoline. 
Therefore, sections 80.22(g) and 80.22(h) are deleted.
    Section 80.22(i). Section 80.22(i), which refers to an exemption 
from the requirements of section 80.22(b), is deleted. Section 80.22(i) 
was inadvertently retained when section 80.22(b) was deleted in a prior 
rulemaking and is currently obsolete. The new section 80.22(b) added by 
this rule bears no relation to section 80.22(i), and therefore section 
80.22(i) must be deleted to avoid confusion. 

[[Page 3836]]

    Section 80.23. This rule makes three changes to section 80.23, 
which currently imposes liability for violations of section 80.22(a).
    First, the rule changes the introductory text of section 80.23 to 
include liability for violations of the new section 80.22(b), which is 
the general provision prohibiting the introduction into commerce for 
use as motor vehicle fuel of gasoline which is produced with the use of 
any lead additive or contains more than 0.05 grams of lead per gallon.
    Second, the rule deletes subparagraph (e)(2) of section 80.23. 
Subparagraph (e)(2) offered an ``emergency exemption'' to allow a 
retailer or wholesale purchaser-consumer to provide leaded gasoline for 
use in a motor vehicle designed to use unleaded gasoline in emergency 
situations, such as when a vehicle has an empty tank and no unleaded 
gasoline is available within a several mile radius. EPA believes the 
continued availability of this exemption not only would be unnecessary 
given the scarce availability of gasoline containing lead or lead 
additives in comparison to that of unleaded gasoline, but also would be 
inconsistent with the intent of section 211(n) to prohibit the 
introduction into commerce for use as motor vehicle fuel of gasoline 
containing lead or lead additives.
    Third, the rule modifies sections 80.23(b)(2)(ii) and (e)(1) to 
reflect the simultaneous removal of the definition of leaded gasoline.
    Section 80.24. This rule simplifies section 80.24, which contains 
requirements applicable to motor vehicles. EPA has determined that 
portions of section 80.24 are no longer needed to prevent misfueling 
(see discussion of sections 80.22 (d) and (e) above). Accordingly, this 
rule deletes section 80.24(a), which requires that ``unleaded gasoline 
only'' labels be affixed to the dashboard and fuel filler inlet of each 
motor vehicle with an emission control device which will be 
significantly impaired by the use of gasoline containing lead or lead 
additives. The labels will no longer be necessary once the ban on 
fueling motor vehicles with gasoline which is produced with the use of 
any lead additive, or contains more than 0.05 grams of lead per gallon, 
becomes effective January 1, 1996.
    Similarly, section 80.24(b)(1) currently requires that a pump 
nozzle dispensing gasoline other than unleaded gasoline must 
automatically shut off during attempted refueling into a motor vehicle 
equipped with a fuel filler inlet for unleaded gasoline. It is 
appropriate to remove this requirement because the requirement was 
intended to prevent misfueling and, as stated above (see discussion of 
sections 80.22 (d) and (e)) EPA now believes misfueling is unlikely, 
making this safeguard against misfueling unnecessary. Section 
80.24(b)(2) explains the scope of section 80.24(b)(1). Once section 
80.24(b)(1) is removed, it is appropriate to remove section 80.24(b)(2) 
as well.
    The introductory text of section 80.24 is deleted and the remaining 
text of section 80.24(b) is modified so that section 80.24(b)'s tank 
filler inlet size requirements apply to all new motor vehicles, and not 
just those equipped with an emission control device that would be 
significantly impaired by the use of gasoline containing lead or lead 
additives. This modification comports with the statutory ban 
prohibiting the use of gasoline containing lead or lead additives as a 
motor vehicle fuel, by requiring that all new motor vehicles are 
equipped with tank filler inlets matching the size of the nozzle on 
pumps dispensing unleaded gasoline.
    Finally, section 80.24(c) is deleted, because the paragraph 
clarifies the term ``emission control device which will be 
significantly impaired by the use of leaded gasoline.'' This term is 
currently used in the introductory text of section 80.24, but is being 
removed as explained above. Therefore, section 80.24(c) no longer 
serves any purpose and will be deleted.
    Section 80.25. Section 80.25, which requires lead additive 
manufacturers to report the amount of lead shipped to refineries, is 
deleted in its entirety. These reports are currently utilized to verify 
reports submitted by refineries in the lead phasedown program 
summarizing the amount of lead used in the production of gasoline. 
Section 80.20, which contains provisions related to the lead phasedown 
program, is being deleted in today's action (see discussion of section 
80.20), making the requirements of section 80.25 unnecessary.

III. Environmental Impact

    This rule is expected to have a positive environmental effect by 
facilitating smooth implementation of the Clean Air Act prohibition on 
gasoline containing lead or lead additives for use in motor vehicles, 
which becomes effective after December 31, 1995. This rule marks the 
completion of a lead phasedown program which EPA began in 1973 upon 
determining that lead particle emissions from motor vehicles presented 
a significant risk of harm to the health of urban populations, 
especially in children.

IV. 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, in fact, is expected to decrease compliance 
costs for some regulated parties. This decrease in compliance costs is 
largely due to the deletion of regulatory requirements no longer 
necessary given the Clean Air Act statutory ban on gasoline containing 
lead or lead additives for use in motor vehicles. This rule will reduce 
compliance costs due to the removal of several reporting, labeling, and 
equipment requirements. Owners of vehicles which are designed to 
operate on leaded gasoline will not be subject to additional costs as a 
result of this ban. Many vehicles designed to use leaded gasoline 
currently use unleaded gasoline, which costs significantly less than 
leaded gasoline. Lead substitute additives are available for vehicles 
which operate under higher loads and require additional protection 
against valve seat wear.

V. Effective Date

    This action will become effective March 4, 1996, unless EPA 
receives notice by February 20, 1996 from someone who wishes to submit 
adverse comments or request an opportunity for a public hearing. If EPA 
receives such notice, EPA will withdraw this rule and publish timely 
notice in the Federal Register of such withdrawal.

VI. Executive Order 12866

    Under Executive Order 12866,5 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:

    \5\ 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 

[[Page 3837]]
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.6

    \6\ Id. at section 3(f)(1)-(4).
---------------------------------------------------------------------------

    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.

VII. 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 the final rule promulgated today does not 
trigger the requirements of 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.

VIII. Judicial Review

    Because this action promulgates a prohibition in Section 211 of the 
Clean Air Act and is nationally applicable, under Section 307(b)(1) of 
the Clean Air Act judicial review of this action is available only by 
the filing of a petition for review in the U.S. Court of Appeals for 
the D.C. Circuit within sixty days of publication of this action in the 
Federal Register, unless EPA withdraws this rule in response to notice 
of intent to file adverse comment or request the opportunity for a 
public hearing.

List of Subjects in 40 CFR Part 80

    Environmental protection, Air pollution control, Fuel additives, 
Gasoline, Leaded gasoline, Unleaded gasoline, and Motor vehicle 
pollution.

    Dated: January 29, 1996.
Carol M. Browner,
Administrator.

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)).


Sec. 80.2  [Amended]

    2. Section 80.2 is amended by removing and reserving paragraph (f).
    3. Section 80.7 is amended by revising paragraph (a) introductory 
text and the first sentence of paragraph (c) to read as follows:


Sec. 80.7  Requests for information.

    (a) When the Administrator, the Regional Administrator, or their 
delegates have reason to believe that a violation of section 211(c) or 
section 211(n) of the Act and the regulations thereunder has occurred, 
they may require any refiner, distributor, wholesale purchaser-
consumer, or retailer to report the following information regarding 
receipt, transfer, delivery, or sale of gasoline represented to be 
unleaded gasoline and to allow the reproduction of such information at 
all reasonable times.
* * * * *
    (b) * * *
    (c) Any refiner, distributor, wholesale purchaser-consumer, 
retailer, or importer shall provide such other information as the 
Administrator or his authorized representative may reasonably require 
to enable him to determine whether such refiner, distributor, wholesale 
purchaser-consumer, retailer, or importer has acted or is acting in 
compliance with sections 211(c) and 211(n) of the Act and the 
regulations thereunder and shall, upon request of the Administrator or 
his authorized representative, produce and allow reproduction of any 
relevant records at all reasonable times. * * *


Secs. 80.20 and 80.21  [Removed and reserved]

    4. Sections 80.20 and 80.21 are removed and reserved.
    5. Section 80.22 is amended by revising the title and paragraphs 
(a), (f) introductory text, and (f)(2) introductory text by adding 
paragraph (b), and by removing and reserving paragraphs (d), (e), 
(f)(1), (g), (h) and (i) to read as follows:


Sec. 80.22  Controls and prohibitions.

    (a) After December 31, 1995, no person shall sell, offer for sale, 
supply, offer for supply, dispense, transport, or introduce into 
commerce gasoline represented to be unleaded gasoline unless such 
gasoline meets the defined requirements for unleaded gasoline in 
Sec. 80.2(g); nor shall he dispense, or cause or allow the gasoline 
other than unleaded gasoline to be dispensed into any motor vehicle 
which is equipped with a gasoline tank filler inlet which is designed 
for the introduction of unleaded gasoline.
    (b) After December 31, 1995, no person shall sell, offer for sale, 
supply, offer for supply, dispense, transport, or introduce into 
commerce for use as fuel in any motor vehicle (as defined in Section 
216(2) of the Clean Air Act, 42 U.S.C. 7550(2)), any gasoline which is 
produced with the use of lead additives or which contains more than 
0.05 gram of lead per gallon.
    (c) * * *
* * * * *
    (f) Beginning January 1, 1996, every retailer and wholesale 
purchaser-consumer shall equip all gasoline pumps as follows:
    (1) [Reserved]
    (2) Each pump from which unleaded gasoline is dispensed into motor 
vehicles shall be equipped with a nozzle spout which meets the 
following specifications:
* * * * *
    6. Section 80.23 is amended by revising the introductory text and 
paragraphs (b)(2)(ii) and (e)(1), and by removing and reserving 
paragraph (e)(2) to read as follows:


Sec. 80.23  Liability for violations.

    Liability for violations of paragraphs (a) and (b) of Sec. 80.22 
shall be determined as follows:
* * * * *
    (b)(1) * * *
    (2) * * *
    (ii) That the violation was caused by an act in violation of law 
(other than the Act or this part), or an act of sabotage, vandalism, or 
deliberate commingling of gasoline which is produced with the use of 
lead additives or phosphorus additives with unleaded gasoline, whether 
or not such acts are violations of law in the jurisdiction where the 

[[Page 3838]]
violation of the requirements of this part occurred, or
* * * * *
    (e)(1) In any case in which a retailer or his employee or agent or 
a wholesale purchase-consumer or his employee or agent introduced 
gasoline other than unleaded gasoline into a motor vehicle which is 
equipped with a gasoline tank filler inlet designed for the 
introduction of unleaded gasoline, only the retailer or wholesale 
purchaser-consumer shall be deemed in violation.
    (2) [Reserved].
    7. Section 80.24 is amended by removing the introductory text and 
by removing and reserving paragraph (a), and removing paragraph (c), 
and by revising paragraph (b) to read as follows:


Sec. 80.24  Controls applicable to motor vehicle manufacturers.

    (a) [Reserved].
    (b) The manufacturer of any motor vehicle powered with gasoline 
shall equip such vehicle with a gasoline tank filler inlet having a 
restriction which allows the insertion of a nozzle with a spout meeting 
the specifications in Sec. 80.22(f)(2) and which prevents the insertion 
of a nozzle of greater size than prescribed in Sec. 80.22(f)(2).


Sec. 80.25  [Removed and reserved]

    8. Section 80.25 is removed and reserved.

[FR Doc. 96-2231 Filed 2-1-96; 8:45 am]
BILLING CODE 6560-50-P