[Federal Register Volume 61, Number 220 (Wednesday, November 13, 1996)]
[Rules and Regulations]
[Pages 58304-58306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29023]


      

[[Page 58303]]

_______________________________________________________________________

Part IV





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 80



Use of Alternative Analytical Test Methods in the Reformulated Gasoline 
Program; Final Rule

  Federal Register / Vol. 61, No. 220 / Wednesday, November 13, 1996 / 
Rules and Regulations  

[[Page 58304]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[FRL-5650-5]


Use of Alternative Analytical Test Methods in the Reformulated 
Gasoline Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This rule extends the time period during which certain 
alternative analytical test methods may be used in the Federal 
reformulated gasoline (RFG) program. Currently, the time period for the 
use of these alternative test methods expires on January 1, 1997. This 
amendment extends the time period 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 in the federal RFG program. 
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 
extension provides greater flexibility for the regulated industry and 
reduce costs to all interested parties.
    The Federal RFG program reduces motor vehicle emissions of volatile 
organic compounds (VOC), oxides of nitrogen (NOX) and certain 
toxic pollutants. This 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.

EFFECTIVE DATE: This amendment is effective January 13, 1997.

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:

------------------------------------------------------------------------
                Category                 Examples of regulated  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 part 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 subparts D, E and F.
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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 and conventional gasoline for various 
gasoline parameters or qualities, such as sulfur levels, aromatics, 
benzene, and so on.2 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.
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    \2\  40 CFR 80.65(e), 80.10(i).

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    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
                                80.46(f).3                              
Oxygen and Oxygenate content   Gas Chromatography as described in 40 CFR
 analysis.                      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.                                                      
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 document.          
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 document.                                                     

C. Public Comment

    EPA proposed the revisions in this rule on July 3, 1996.3 As 
stated in the preamble in the NPRM, 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. In addition to these parties, ASTM, WSPA, Phillips Petroleum 
Company, Fying J. Inc., and Chevron submitted comments in favor of this 
extension. There were no adverse public comments following publication 
of the NPRM.
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    \3\ (61 FR 34775).
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    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. One 
approach under consideration involves developing quality assurance 
specifications under which the performance of alternate analytical test 
methods would be deemed acceptable for compliance. The Agency envisions 
that a performance based approach could 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 is today amending 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 is 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. This 
would allow parties to make long-term purchasing decisions based on all 
the testing options that could be made available at the conclusion of 
the performance-based 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 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 and Impact on Small Entities

    This final 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 final 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 Agency has determined 
that this final rule will not have a significant impact on a 
substantial number of small entities.

IV. Executive Order 12866

    Under Executive Order 12866 4, 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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    \4\ 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.5
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    \5\ Id. at section 3(f)(1)-(4).
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    It has been determined that this final rule is not a ``significant 
regulatory

[[Page 58306]]

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 final rule does not include a Federal 
mandate as defined in UMRA. This final 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.

VI. Paperwork Reduction Act

    The Office of Management and Budget has approved the information 
collection requirements contained in this rule under the provisions of 
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and has assigned 
OMB control number 2060-0277. The Agency number for the information 
collection requirements contained in this rule is 1591.03. This final 
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. The Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq., 
and implementing regulations, 5 CFR Part 1320, do not apply to this 
action as it does not involve the collection of information as defined 
therein.

VII. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule in not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 80

    Environmental Protection, Fuel additives, Gasoline, Imports, 
Labeling, Motor vehicle pollution, Penalties, Reporting and 
recordkeeping requirements.

    Dated: November 5, 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:

PART 80--[AMENDED]

    1. The authority citation for part 80 continues to read as follows:

    Authority: Secs. 114, 211, and 301(a) of the Clean Air Act as 
amended (42 U.S.C. 7414, 7545, and 7601(a)).

    2. Section 80.46 is amended by revising paragraphs (f)(3)(i) and 
(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 aromatics 
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. 96-29023 Filed 11-12-96; 8:45 am]
BILLING CODE 6560-50-P