[Federal Register Volume 62, Number 91 (Monday, May 12, 1997)]
[Proposed Rules]
[Pages 25879-25880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12476]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[FRL-5825-3]


Regulations of Fuels and Fuel Additives: Baseline Requirements 
for Gasoline Produced by Foreign Refiners

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of public hearing.

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SUMMARY: This document announces the time and place for a public 
hearing regarding EPA's proposed rule to revise the requirements for 
imported gasoline. The Agency is proposing that a foreign refiner could 
choose to petition EPA to establish an individual baseline reflecting 
the quality and quantity of gasoline produced at a foreign refinery in 
1990 that was shipped to the United States. The foreign refiner would 
be required to meet the same requirements relating to the establishment 
and use of individual refinery baselines as are met by domestic 
refiners. The agency published this proposed rule in the Federal 
Register on May 6, 1997 (See 62 FR 24775 for further information on the 
proposal).

DATES: EPA will conduct a public hearing on the proposed rule from 9:00 
a.m. on May 20, 1997, in Washington, D.C. If you wish to testify at 
this public hearing, contact Karen Smith at (202) 233-9674 by Tuesday, 
May 13, 1997. If there are no parties interested in testifying on this 
proposal, the hearing will be subject to cancellation without further 
notification. If you want to know if the hearing has been canceled 
contact the person named above.

ADDRESSES: The public hearing will be held from 9:00 a.m. until noon at 
the The Wyndham Bristol Hotel, The Potomac Rooms 2430 Pennsylvania 
Avenue, N.W. Washington, D.C. 22037. If additional time is needed to 
hear testimony, the hearing will continue from 1:00 until 5:00 p.m. in 
the same location. Materials relevant to this document have been placed 
in Docket A-97-26. The docket is located at the Air Docket Section, 
Mail Code 6102, U.S. Environmental Protection Agency, 401 M Street, SW, 
Washington, DC 20460, in room M-1500 Waterside Mall. Documents may be 
inspected from 8:00 a.m. to 5:30 p.m. A reasonable fee may be charged 
for copying docket materials.
    Written comments should be submitted (in duplicate, if possible) to 
Air Docket Section, Mail Code 6102, U.S. Environmental Protection 
Agency, 401 M Street, SW, Washington, DC 20460. A copy should also be 
sent to Karen Smith at U.S. Environmental Protection Agency, Office of 
Air and Radiation, 401 M Street, SW (6406J), Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Karen Smith at U.S. Environmental 
Protection Agency Office of Air and Radiation, 401 M Street, SW 
(6406J), Washington, DC 20460, (202) 233-9674.

SUPPLEMENTARY INFORMATION: A copy of this notice is available on the 
OAQPS Technology Transfer Network Bulletin Board System (TTNBBS) and on 
the Office of Mobile Sources' World Wide Web cite, http://www.epa.gov/
OMSWWW.

Procedures for Public Participation

A. Comments and the Public Docket

    The Agency is proposing that a foreign refiner could choose to 
petition EPA to establish an individual baseline reflecting the quality 
and quantity of gasoline produced at a foreign refinery in 1990 that 
was shipped to the United States. The foreign refiner would be required 
to meet the same requirements relating to the establishment and use of 
individual refinery baselines as are met by domestic refiners. 
Additional requirements are also being proposed to address issues that 
are unique to refiners and refineries located outside the United 
States, related to tracking the movement of gasoline from the refinery 
to the United States border, monitoring compliance with the 
requirements that apply to parties outside the United States, and 
imposition of appropriate sanctions for violations. EPA is also 
proposing that it would monitor the quality of imported gasoline, and 
if it exceeded a specified benchmark, EPA would apply appropriate 
remedial action. EPA is proposing that the baseline for gasoline 
imported from refiners without an individual baseline would be adjusted 
to remedy the exceedance.
    Persons with comments containing propriety information must 
distinguish such information from other comments to the greatest extent 
and label it as ``Confidential Business Information.'' If a person 
making comments wants EPA to base the final rule in part on a 
submission labeled as confidential business information, then a non-
confidential version of the document which summarizes the key data or 
information should be placed in the public docket. Information covered 
by a claim of confidentiality will be disclosed by EPA only to the 
extent allowed by the procedures set forth in

[[Page 25880]]

40 CFR part 2. If no claim of confidentiality accompanies the 
submission when it is received by EPA, it may be made available to the 
public without further notice to the person making comments.

B. Public Participation

    Any person desiring to present testimony regarding this proposed 
rule at the public hearing (see DATES) should notify the contact person 
listed above of such intent as soon as possible. A sign-up sheet will 
be available at the registration table the morning of the hearing for 
scheduling testimony for those who have not notified the contact 
person. This testimony will be scheduled on a first come, first served 
basis to follow the previously scheduled testimony.
    EPA suggests that approximately 50 copies of the statement or 
material to be presented be brought to the hearing for distribution to 
the audience. In addition, EPA would find it helpful to receive an 
advance copy of any statement or material to be presented at the 
hearing in order to give EPA staff adequate time to review such 
material before the hearing. Such advance copies should be submitted to 
the contact person listed previously.
    The official records of the hearing will be kept open for 30 days 
following the hearing to allow submission of rebuttal and supplementary 
testimony. All such submittals should be directed to the Air Docket, 
Docket No. A-97-26 (see ADDRESSES).
    Mr. Charles Freed, Division Director of the Fuels and Energy 
Division, Office of Mobile Sources, is hereby designated Presiding 
Officer of the hearing. The hearing will be conducted informally and 
technical rules of evidence will not apply. Because a public hearing is 
designed to give interested parties an opportunity to participate in 
the proceeding, there are no adversary parties as such. Statements by 
participants will not be subject to cross examination by other 
participants. A written transcript of the hearing will be placed in the 
above docket for review. Anyone desiring to purchase a copy of the 
transcript should make individual arrangements with the court reporter 
recording the proceeding. The Presiding Officer is authorized to strike 
from the record statements which he deems irrelevant or repetitious and 
to impose reasonable limits on the duration of the statement of any 
witness. EPA asks that persons who testify attempt to limit their 
testimony to ten minutes, if possible. The Administrator will base her 
decision with regard to the revised requirements for imported gasoline 
on the record of the public hearing and on any other relevant written 
submissions and other pertinent information. This information will be 
available for public inspection at the EPA Air Docket, Docket No. A-97-
26 (see ADDRESSES).

    Dated: May 8, 1997.
Mary D. Nichols,
Assistant Administrator for Air and Radiation.
[FR Doc. 97-12476 Filed 5-9-97; 8:45 am]
BILLING CODE 6560-50-P