[Federal Register Volume 61, Number 124 (Wednesday, June 26, 1996)]
[Proposed Rules]
[Pages 33053-33054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16204]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80

[FRL-5522-2]
RIN 2060-AG43


Regulation of Fuels and Fuel Additives: Controls Applicable to 
Gasoline Retailers and Wholesale Purchaser-Consumers; 10 Gallon Per 
Minute Fuel Dispensing Limit Requirement Implementation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: On January 20, 1993 EPA finalized a requirement limiting 
vehicle service station fuel dispensing rates to 10 gallons per minute 
(gpm) maximum, beginning January 1, 1996 for retailers and wholesale 
purchaser-consumers handling over 10,000 gallons of fuel per month (55 
FR 16002, March 24, 1993). In 1995, various groups in the petroleum 
industry requested that EPA delay the January 1, 1996 deadline, due 
mainly to the lack of available retrofit parts needed for compliance 
with the 10gpm requirement. EPA is proposing to delay the 
implementation date of the 10gpm requirement from January 1, 1996 until 
July 1, 1996. In addition, EPA is proposing regulation changes to 
clarify that the hardware/software for controlling the fuel dispensing 
rate may be located anywhere in the pump/dispenser system and that 
refueling facilities are exempt from the 10gpm requirement if used 
exclusively to refuel heavy-duty vehicles, boats or airplanes.
    Because the rule revision is not expected to receive any adverse 
comments, the revision is also being issued as a direct final rule in 
the Final Rules section of this Federal Register.

DATES: Comments on the regulations proposed by this action must be 
received on or before July 26, 1996.

ADDRESSES: Materials relevant to the initial final rule, and today's 
action are available for inspection in Public Dockets A-89-18 and A-95-
53 at Air Docket Section, U.S. Environmental Protection Agency, EPA Air 
Docket Section (6102), First Floor, Waterside Mall, Room M-1500, 401 M 
Street S.W., Washington, D.C. 20460 (telephone 202-260-7549, fax 202-
260-4400) between the hours of 8 a.m. and 5:30 p.m. A reasonable fee 
may be charged by EPA for copying docket material.
    All written comments must be identified with the appropriate docket 
number (Docket No. A-95-53) and must be submitted in duplicate to the 
address listed above, with a complimentary

[[Page 33054]]

copy to Karl Simon or Dave Good at the address listed below.

FOR FURTHER INFORMATION CONTACT: Karl Simon at the U.S. EPA, 401 M 
Street S.W. (mail code 6405J), Washington D.C., 20460, telephone (202) 
233-9299; or Dave Good at the U.S. EPA, 2565 Plymouth Rd, Ann Arbor, 
Michigan, 48105, telephone (313) 668-4450.

SUPPLEMENTARY INFORMATION:

Regulated Entities

    Entities potentially regulated by this action are retailers and 
wholesale purchaser-consumers of gasoline and methanol which handle 
over 10,000 gallons of fuel per month, for the purpose of refueling 
passenger cars and light-duty trucks. Regulated entities would include 
the following:

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           Category                  Examples of regulated entities     
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Industry.....................  Service station owners, service station  
                                managers, fleet managers who operate a  
                                refueling facility to refuel motor      
                                vehicles.                               
Federal Government...........  Federal facilities, including military   
                                bases, who operate a refueling facility 
                                to refuel motor vehicles.               
State, Local and Tribal        State, local and tribal governments who  
 Governments.                   operate a refueling facilities to refuel
                                motor vehicles.                         
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    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 potentially be regulated by this action. Other types of entities 
not listed in the table could also be regulated. To determine whether 
your facility is regulated by this action, you should carefully examine 
the criteria contained in Sec. 80.22(j) of title 40 of the Code of 
Federal Regulations, as modified by today's action. If you have 
questions regarding the applicability of this action to a particular 
entity, consult one of the persons listed in the preceding FOR FURTHER 
INFORMATION CONTACT section.
    If no adverse comments are timely received, no further activity is 
contemplated in relation to this proposed rule and the direct final 
rule in the Final Rules section of this Federal Register will 
automatically go into effect on the date specified in that rule. If 
adverse comments are timely received on the direct final rule, the rule 
will be withdrawn and all public comment received on it will be 
addressed in a subsequent final rule based on this proposed rule. 
Because the Agency will not institute a second comment period on this 
proposed rule, any parties interested in commenting should do so during 
this comment period.
    For further supplemental information, the detailed rationale, and 
the rule revisions, see the information provided in the direct final 
rule in the Final Rules section of this Federal Register.

List of Subjects in 40 CFR Part 80

    Environmental protection, Administrative practice and procedures, 
Air pollution control, Gasoline, Motor vehicle pollution.

    Dated: June 12, 1996.
Carol M. Browner,
Administrator.
[FR Doc. 96-16204 Filed 6-25-96; 8:45 am]
BILLING CODE 6560-50-P