[Federal Register Volume 66, Number 214 (Monday, November 5, 2001)]
[Proposed Rules]
[Pages 55905-55907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27589]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[AMS-FRL-7096-6]
RIN 2060-AJ69


Revision to the Requirements on Variability in the Composition of 
Additives Certified Under the Gasoline Deposit Control Program; 
Proposed Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Deposits that form in gasoline-fueled motor vehicle engines 
and fuel supply systems have been shown to increase emissions of 
harmful air pollutants. All gasoline used in the U.S. must contain 
additives that have been certified with EPA as effective in limiting 
the formation of such deposits. During certification, additive 
manufacturers must provide EPA with information on additive 
composition. To ensure that in-use additives meet EPA requirements, 
manufacturers are required to limit variation in the composition of 
additive production batches from that reported during certification.
    Today's action proposes changes to the information that must be 
provided on additive composition by the manufacturer at the time of 
certification. We are also proposing clarifications to the requirements 
associated with limiting variability in additive production batches. 
These changes would address additive manufacturer concerns that 
compliance with the existing requirements would be burdensome and 
difficult, while maintaining the emissions control benefits of the 
gasoline deposit control program.
    In the ``Rules and Regulations'' section of this Federal Register, 
we are making these regulatory changes as a direct final rule without a 
prior proposal because we view these changes as noncontroversial 
revisions and anticipate no adverse comment. We have explained our 
reasons for these revisions in the preamble to the direct final rule. 
If we receive no adverse comment, we will not take further action on 
this proposed rule. If we receive adverse comment, we will withdraw the 
amendments, paragraphs, or sections of the direct final rule receiving 
such comment and those amendments, paragraphs, or sections will not 
take effect. We will address all public comments in a subsequent final 
rule based on this proposed rule. We will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time. We are not planning to hold a public hearing 
regarding this action.

DATES: Written comments must be received by January 4, 2002.

ADDRESSES: Interested parties may submit written comments in response 
to this notice (in duplicate if possible) to Public Docket No. A-2001-
15, at: Air Docket Section, U.S. Environmental Protection Agency, 
Attention: Docket No. A-2001-15, First Floor, Waterside Mall, Room M-
1500, 401 M Street SW., Washington, DC 20460 (Telephone 202-260-7548; 
Fax 202-260-4400). We also request that a copy of the comments be sent 
to Jeff Herzog by mail at, U.S. EPA, Assessment and Standards Division, 
2000 Traverwood Drive, Ann Arbor, MI 48105-2498, or by E-Mail at 
[email protected]
    This proposed rule and the accompanying direct final rule are 
available electronically on the day of publication from the EPA Federal 
Register internet Web site listed below. Prepublication electronic 
copies of these notices are also available from the EPA Office of 
Transportation and Air Quality Web site listed below. This service is 
free of charge, except for any cost that you already incur for internet 
connectivity.
    Federal Register Web Site:

http://www.epa.gov/docs/fedrgstr/EPA-AIR/ (Either select desired date 
or use Search feature.)

    Office of Transportation and Air Quality Web Site:

http://www.epa.gov/otaq/ (Look in ``What's New'' or under the specific 
rulemaking topic.)

    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.

FOR FURTHER INFORMATION CONTACT: Jeff Herzog, U.S. Environmental 
Protection Agency, Assessment and Standards Division, 2000 Traverwood, 
Ann Arbor, MI, 48105-2498. Telephone (734) 214-4227; Fax (734) 214-
4816; E-Mail [email protected]

SUPPLEMENTARY INFORMATION: This document concerns proposes changes to 
the requirements on variability in the composition of additives 
certified under the gasoline deposit control additive program. For 
further information, including the rationale, administrative 
requirements, statutory authority, and regulatory text for these 
technical amendments, please see the information provided in the direct 
final action that is located in the ``Rules and Regulations'' section 
of this Federal Register publication.

Administrative Requirements

A. Administrative Designation

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether this regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines a ``significant regulatory action'' 
as one that is likely to result in a rule that may:
    (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 or 
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 
the Executive Order.
    EPA has determined that this rule is not a ``significant regulatory 
action''

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under the terms of Executive Order 12866 and is therefore not subject 
to OMB review.

B. Regulatory Flexibility

    EPA determined that it is not necessary to prepare a regulatory 
flexibility analysis in connection with this rule. Today's proposed 
rule would not have a significant impact on a substantial number of 
small entities. Today's rule would simplify the requirements for 
additive manufacturers under the gasoline deposit control program and 
would not impose any significant new requirements. The regulatory 
changes in today's rule would reduce the burden of compliance for all 
affected parties.

C. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under sections 202 and 205 of the 
UMRA, EPA generally must prepare a written statement to accompany any 
proposed and final rule that includes a federal mandate that may result 
in expenditures by state, local, and tribal governments in the 
aggregate, or by the private sector, of $100 million or more for any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost effective, or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation of why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    Today's rule contains no federal mandates (under the regulatory 
provisions of Title II of the UMRA) for State, local, or tribal 
governments. This proposed rule would impose no enforceable duties on 
any of these governmental entities. Nothing in the regulatory 
provisions in this proposed rule would significantly or uniquely affect 
small governments. EPA has determined that this rule does not contain a 
federal mandate that may result in expenditures of $100 million or more 
in any one year for State, local, and tribal governments in the 
aggregate, or the private sector in any one year. The amendments 
contained in this proposed rule would simplify the requirements under 
the gasoline deposit control program, and do not impose any significant 
new requirements.

D. Compliance With the Paperwork Reduction Act

    Today's proposed rule would not impose any new information 
collection burden. No new information collection requirements would 
result from the implementation of the provisions which are the subject 
of this action.
    The Office of Management and Budget (OMB) has previously approved 
the information collection requirements of the EPA's Gasoline Deposit 
Control Additive Program contained in 40 CFR Part 80 under the 
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and 
has assigned OMB control number 2060-0275 (EPA ICR No. 1655.04). 
Today's proposed rule would not result in a change in the requirements 
contained in this ICR.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    Copies of the ICR documents may be obtained from Sandy Farmer, 
Information Policy Branch; EPA; 401 M St., SW. (mail code 2136); 
Washington, DC 20460 or by calling (202) 260-2740. Include the ICR and/
or OMB number in any correspondence.

E. Compliance With Executive Order 13045

    This proposed rule is not subject to Executive Order 13045, 
entitled ``Protection of Children from Environmental Health Risks and 
Safety Risks'' (62 FR 19885, April 23, 1997), because it does not 
involve decisions on environmental health risks or safety risks that 
may disproportionately affect children.

F. Executive Order 13211 (Energy Effects)

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a 
significant regulatory action under Executive Order 12866.

G. Consultation and Coordination With Indian Tribal Governments

    On January 1, 2001, Executive Order 13084 was superseded by 
Executive Order 13175. However, this proposed rule was developed during 
the period when Executive Order 13084 was still in force, and so tribal 
considerations were addressed under Executive Order 13084. In the event 
that adverse comments are received on this proposal, we will address 
any such comments received in a subsequent final rule based on the 
proposed rule. Development of such a subsequent final rule will address 
tribal considerations under Executive Order 13175.
    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected and other representatives of 
Indian tribal governments ``to provide meaningful and timely input in 
the development of regulatory policies on matters that

[[Page 55907]]

significantly or uniquely affect their communities.''
    This proposed rule would not significantly or uniquely affect the 
communities of Indian tribal governments. As noted above, this proposed 
rule would make minor technical changes to federal regulations that 
would be implemented at the federal level and affects only obligations 
on private industry. Accordingly, the requirements of Executive Order 
13084 do not apply to this rule.

H. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, Section 12(d) (15 U.S.C. 
272 note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless doing so would be inconsistent with 
applicable law or would be otherwise impractical. Voluntary consensus 
standards are technical standards (e.g., materials specifications, test 
methods, sampling procedures, and business practices) that are 
developed or adopted by voluntary consensus standards bodies. NTTAA 
directs EPA to provide Congress, through OMB, explanations when the 
Agency decides not to use available and applicable voluntary consensus 
standards. This proposed rule does not involve technical standards. 
Therefore, EPA did not consider the use of any voluntary consensus 
standards.

I. Executive Order 13132 (Federalism)

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This proposed rule does not have federalism implications. It will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. Section 211(d)(4)(A) of the CAA 
prohibits States from prescribing or attempting to enforce controls or 
prohibitions respecting any fuel characteristic or component if EPA has 
prescribed a control or prohibition applicable to such fuel 
characteristic or component under Section 211(c)(1) of the Act. This 
rule merely modifies existing EPA detergent additive standards and 
therefore will merely continue an existing preemption of State and 
local law. Thus, Executive Order 13132 does not apply to this rule.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicits comment on this proposed rule 
from State and local officials.

List of Subjects in 40 CFR Part 80

    Environmental protection, Fuel additives, Gasoline deposit control 
(detergent) additives, Gasoline, Motor vehicle pollution, Penalties, 
Reporting and recordkeeping requirements.

    Dated: October 24, 2001.
Christine Todd Whitman,
Administrator.
[FR Doc. 01-27589 Filed 11-2-01; 8:45 am]
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