[Federal Register Volume 67, Number 38 (Tuesday, February 26, 2002)]
[Rules and Regulations]
[Pages 8729-8738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4067]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[FRL-7147-1]
RIN 2060-AJ79


Regulation of Fuel and Fuel Additives: Reformulated Gasoline 
Transition

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: With today's action the Environmental Protection Agency (EPA) 
is taking action to improve flexibility of refiners and terminal 
operators during the springtime transition to summer grade reformulated 
gasoline (RFG). Specifically, we are eliminating the requirements for 
blendstock tracking and accounting. This change will increase refiners' 
flexibility to transfer gasoline blendstocks, and help to improve the 
responsiveness of the gasoline supply system, by removing some 
significant refinery compliance and reporting burdens that are no 
longer necessary.
    Today's actions, in combination with other Agency actions, are 
intended to help ease the annual spring transition from winter grade 
RFG to summer grade RFG by promoting improved RFG inventories during 
this transition period. These actions include EPA's future extension of 
the 2% VOC enforcement tolerance to include the first turn of summer 
grade RFG tanks at terminals, and EPA's recent final rule regarding the 
procedures for using previously certified gasoline. In order to help 
the public understand the relationship between today's actions and 
these prior Agency actions, we briefly summarize these two related EPA 
actions in the preamble to today's final rule.
    We are also making certain technical modifications to existing 
regulations. Specifically, we are updating certain ASTM designated 
analytical test methods for reformulated and conventional gasoline to 
their most recent ASTM version, and also updating several sampling 
methods to their most recent ASTM version. These updates will allow 
improvements in the test method procedures and sampling procedures that 
will ensure better operation for the user of the test methods and 
sampling procedures.
    Finally, while EPA proposed to establish a new April 15 annual 
compliance date for reformulated gasoline (RFG) and reformulated 
blendstock for oxygenate blending (RBOB), we are not taking final 
action on that proposal today.

DATES: This rule is effective April 29, 2002, except for the amendments 
to 40 CFR 80.65, 80.92, 80.101, 80.102, 80.104, 80.105, 80.106, and 
80.128 (sections dealing with the elimination of blendstock accounting) 
which are effective February 26, 2002. For additional information on 
the effective date, see SUPPLEMENTARY INFORMATION. The incorporation by 
reference of certain publications in this rule is approved by the 
Director of the Office of the Federal Register as of April 29, 2002.

FOR FURTHER INFORMATION CONTACT: For further information about this 
rule, contact Chris McKenna, Chemical Engineer, Office of 
Transportation and Air Quality, Transportation and Regional Programs 
Division, at (202) 564-9037 or [email protected].

SUPPLEMENTARY INFORMATION: EPA believes that it is appropriate to make 
certain amendments in today's final rule effective immediately upon 
today's publication in the Federal Register. This rule will not impose 
an additional burden on regulated parties. By making these changes 
effective immediately, refiners and terminals will be able to maximize 
the opportunity to incorporate these changes within their operating 
procedures, which should promote the availability of summer RFG during 
this spring's transition period. These affected parties have stated 
that they needed changes to be effective no later than early February 
to allow sufficient lead time to affect this year's winter to summer 
transition. EPA notes that the general requirement in 5 U.S.C. 553(d) 
of the Administrative Procedure Act (APA), concerning publication or 
service of a substantive rule not less than 30 days prior to its 
effective date, does not apply here. CAA section 307(d)(1) provides 
that section 553 of the APA does not apply to promulgation or revision 
of any regulation pertaining to fuels or fuel additives under section 
211 of the CAA. Even if section 553(d) of the APA were to apply, there 
is good cause under section 553(d)(3) to provide less than 30 days 
notice, for the reasons noted above.
    The contents of today's preamble are listed in the following 
outline.

I. Regulated Entities
II. Rule Changes
    A. Elimination of Blendstock Accounting Requirements
    B. Updating ASTM Designated Analytical Test Methods for 
Reformulated and Conventional Gasoline to Their Most Recent ASTM 
Version
    C. Corrections to Gasoline and Diesel Sample Testing Methodology

[[Page 8730]]

III. Description of Related Agency Actions
    A. Extension of the 2 Percent Testing Tolerance
    B. Promulgation of Provisions for Using Previously Certified 
Gasoline
IV. Provisions Not Finalized in Today's Rule
    A. Proposed April 15 Terminal Receipt Date
    B. Proposed Adjustment to the RVP Minimum for RFG
V. Administrative Requirements
    A. Executive Order 12866
    B. Executive Order 13132 (Federalism)
    C. Executive Order 13175 (Consultation and Coordination With 
Indian Tribal Governments)
    D. Regulatory Flexibility Act (RFA), as Amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 USC 
601 et seq.
    E. Paperwork Reduction Act
    F. Unfunded Mandates Reform Act
    G. Executive Order 13045: Children's Health Protection
    H. National Technology Transfer and Advancement Act of 1995 
(NTTAA)
    I. Executive Order 13211 (Energy Effects)
    J. Congressional Review Act
VI. Statutory Provisions and Legal Authority

I. Regulated Entities

    Entities potentially affected by this action include those involved 
with the production, importation, distribution, sale and storage of 
gasoline motor fuel.
    The table below gives some examples of entities that may have to 
comply with the regulations. However, since these are only examples, 
you should carefully examine these and other existing regulations in 40 
CFR part 80. If you have any questions, please call the person listed 
in the FOR FURTHER INFORMATION CONTACT section above.

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                                                NAICS codes                  Examples of potentially regulated
                   Category                         \1\        SIC codes                  parties
------------------------------------------------------------------\2\-------------------------------------------
Industry.....................................       324110          2911   Petroleum refiners.
Industry.....................................       422710          5171   Gasoline Marketers and Distributors.
                                                    422720          5172
----------------------------------------------------------------------------------------------------------------
\1\ North American Industry Classification System (NAICS).
\2\ Standard Industrial Classification (SIC) system code.

II. Rule Changes

A. Elimination of Blendstock Accounting Requirements

    The current blendstock tracking and accounting requirements in 
Sec. 80.102 were included in the RFG/anti-dumping regulations out of a 
concern that refineries with 1990 baselines cleaner than the anti-
dumping statutory baseline might transfer dirty gasoline blendstocks to 
refineries with dirtier baselines because such refineries would be 
better able to use the dirty blendstocks while still meeting their 
anti-dumping baseline. Under the current regulations, if a cleaner 
refinery transfers large quantities of certain dirty blendstocks to 
another refinery, the cleaner refinery must account for all of the 
blendstocks it produces and transfers in its anti-dumping compliance 
calculations in specified subsequent annual averaging periods. Thus, 
the cleaner refinery would not be able to evade its more stringent 
baseline by transferring blendstocks.
    In the Notice of Proposed Rulemaking (NPRM) (66 FR 6163, December 
3, 2001), we determined, based on a recent analysis of the current 
blendstock tracking and accounting requirements in Sec. 80.102 \1\, 
that, under most circumstances, refineries today would have little or 
no incentive to transfer blendstocks to other refineries for the 
purpose of evading a more stringent baseline.\2\ We also concluded that 
the current blendstock tracking and accounting requirements create 
significant additional compliance and reporting burdens, and, in some 
cases, may have the effect of deterring refiners or importers from 
transferring gasoline blendstocks that they otherwise would transfer in 
the normal course of business in response to legitimate supply concerns 
and other refinery needs. Therefore, we concluded that the existing 
blendstock tracking and accounting requirements were unnecessary and 
that eliminating those requirements may help to improve the 
responsiveness of the gasoline supply system by increasing refiners' 
flexibility to transfer gasoline blendstocks. As a result, we proposed 
to eliminate the current blendstock tracking and accounting 
requirements in Sec. 80.102.
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    \1\ See Draft Technical Support Document: Analysis of regulation 
to establish new date for receipt of summer grade RFG at terminals, 
Air Docket A-2001-21, Document Number II-B-1.
    \2\ When a refinery produces more total gasoline than that 
produced in 1990, the additional gasoline over and above the 
refinery's 1990 baseline volume must meet the statutory baseline 
regardless of the refinery's individual baseline. Since nearly all 
refineries currently produce significantly more gasoline than they 
produced in 1990, EPA believes that the blendstock transfers that 
are likely to occur today will be between donor and recipient 
refineries whose total production is well above 1990 baseline volume 
levels with or without a transfer. If transfers under these 
conditions occur between refiners producing only CG, there will be 
no net change in the quality of their combined CG pool because the 
donor refiner's gallons at the statutory baseline would be replaced 
by the recipient refiner's gallons at this same baseline. Thus, 
there would likely be no motivation or opportunity for ``gaming the 
system'' under these circumstances. Where either or both refiners 
make RFG and CG, there is some potential for meeting a slightly 
lower baseline by transferring blendstocks. However, it is unlikely 
that there would ever be any impact more significant than a small 
decrease in the stringency of compliance requirements, meaning that 
the gaming possibilities of such a transfer are very small, and thus 
any such transfers would produce only very small economic benefits 
which may be more than offset by the transactional costs associated 
with the transfer. As a result, the transfer of blendstocks from one 
refinery to another where both refineries produce more gasoline than 
they did in 1990 has very little potential to cause any adverse 
environmental impact.
    Additionally, EPA has carefully examined individual refinery 
situations and has concluded that for the very limited number of 
refineries producing volumes where a transfer could result in some 
increased emissions, there is little possibility for gaming since 
clean/dirty refinery baseline pairs within a specific emission 
category (NOX or toxics) are very uncommon. (i.e, for 
NOX and toxics, almost all members of this refinery 
subset are clean for one pollutant and dirty for the other severely 
limiting any opportunity for gaming.
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    We continued to have concern that a refinery with a baseline more 
stringent than the anti-dumping statutory baseline could create an off-
site terminal blending facility acting as a refinery for the sole 
purpose of certifying gasoline at the less stringent anti-dumping 
statutory baseline. To address this limited situation in which 
blendstock transfers could possibly be undertaken for the purpose of 
evading a more stringent baseline, we proposed to replace the existing 
provisions with a significantly less restrictive program for regulating 
blendstock transfers. Our proposed program would have required a 
refinery with a baseline that is more stringent than the anti-dumping 
statutory baseline, and that produces less gasoline than its 1990 
baseline volume during the annual averaging period,\3\ to petition

[[Page 8731]]

EPA for approval to transfer specified dirty blendstocks in excess of 
five percent of the refinery's annual production. Under the proposal, 
the refinery would be required to demonstrate that such blendstock 
transfers were for a legitimate operational purpose.
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    \3\ As discussed in footnote 2 above, there is likely to be no 
motivation or opportunity to transfer blendstocks for the purpose of 
evading a more stringent baseline where the refinery produces more 
gasoline than its 1990 baseline volume during the annual averaging 
period. Only in situations where a refinery produces less than its 
1990 baseline volume would there be any incentive to transfer 
blendstocks for the purpose of evading a more stringent baseline.
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    We received several comments on the details of the proposed 
petition requirements. We also received a number of comments 
recommending that EPA totally eliminate any requirements relating to 
blendstock transfers. These commenters believe that restrictions on 
blendstock transfers are unnecessary, particularly in light of the new 
toxics requirements under the Mobile Source Air Toxics (MSAT) \4\ rule 
and the new controls on sulfur under the Tier 2 Gasoline Sulfur (Tier 
2) \5\ rule. These commenters believe these rules will have the effect 
of imposing more stringent toxics and NOX performance 
requirements on conventional gasoline (CG) than currently required 
under the anti-dumping program.
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    \4\ 66 FR 17230 (March 29, 2001).
    \5\ 65 FR 6698 (February 10, 2000).
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    We have reconsidered our proposal in light of the comments we 
received. We agree that the MSAT and Tier 2 rules, in most situations, 
will result in more stringent toxics and NOX performance for 
conventional gasoline than the current anti-dumping requirements. We 
believe that these rules, in combination with the fact that almost all 
refiners now produce greater volumes of gasoline than they did in 1990, 
will virtually eliminate any potential for refiners to engage in 
blendstock transfers that would degrade the quality of conventional 
gasoline. The recently promulgated MSAT rule for example, which is 
effective beginning in 2002, requires each refinery to meet a 
performance standard for toxic air emissions for CG and RFG equivalent 
to the actual performance of that refinery's CG or RFG during the 
baseline years 1998, 1999, and 2000. This rule also establishes a 
default toxics baseline, based on the national average for toxics 
emissions performance during the baseline years for refineries that are 
unable to establish an individual toxics baseline. Because the new MSAT 
default baseline is more stringent than the anti-dumping statutory 
exhaust toxics baseline, only a refinery with a toxics baseline that is 
more stringent than the MSAT default baseline would have any incentive 
to transfer dirty blendstocks to a newly created terminal/refinery 
facility (which would be subject to the MSAT default baseline) for the 
purpose of evading its more stringent toxics baseline.
    We believe that the more stringent sulfur standards under the Tier 
2 rule will have a similar effect with regard to the potential for 
refiners and importers to use blendstock transfers as a means of 
evading a more stringent NOX anti-dumping baseline. Since 
all refiners and importers (with certain exceptions in the early years 
of the Tier 2 program) will be subject to an annual average sulfur 
standard of 30 ppm, and because removal of sulfur tends to reduce 
NOX emissions from gasoline, generally under Tier 2 refiners 
are likely to produce gasoline that has better NOX 
performance. Thus, we believe the low sulfur requirements also will 
tend to reduce the incentive to transfer dirty blendstocks to another 
refinery, including a new terminal/refinery facility, for the purpose 
of evading a more stringent NOX baseline. In any event, we 
believe that the cost of creating a new terminal/refinery facility as 
described above for the purpose of evading a more stringent baseline 
would likely outweigh any possible economic benefit.
    In light of these observations, we believe that the blendstock 
tracking and accounting provisions now have no significant independent 
utility in the context of the RFG/anti-dumping program. Because these 
provisions present a potentially significant burden for refiners, and 
may result unnecessarily in added rigidity in the gasoline production 
and distribution system, we have decided to eliminate these blendstock 
tracking and accounting provisions altogether.
    Accordingly, today's final rule deletes the current blendstock 
tracking and accounting requirements in Sec. 80.102, and does not 
replace them with any other restrictions on blendstock transfers. 
However, we intend to closely monitor situations in which new terminal/
refinery facilities are created to determine if such facilities are 
being created for the purpose of evading a more stringent baseline. If 
we find that such facilities are being created for this purpose, we may 
reinstate the blendstock accounting requirements or impose other 
appropriate restrictions on blendstock transfers in the future.

B. Updating ASTM Designated Analytical Test Methods for Reformulated 
and Conventional Gasoline to Their Most Recent ASTM Version

    Refiners, importers and oxygenate blenders producing gasoline are 
required to test RFG and CG for various fuel parameters like olefins, 
distillation points, benzene and RVP. During the federal RFG 
rulemaking, and in response to comments by the regulated industry, EPA 
designated analytical test methods that the Agency would use for 
enforcement and compliance purposes. See 40 CFR 80.46 (59 FR 7813 
(February 16, 1994)). On December 3, 2001, the Agency proposed to 
update certain designated analytical test methods for measuring 
olefins, RVP, Distillation, and oxygen and oxygenate content analysis 
in reformulated and conventional gasoline.
    The American Petroleum Institute (API), the National Petroleum 
Refiners Association (NPRA), and several refiners commented in support 
of updating certain analytical test methods in the proposal with 
caveats. One commenter also requested that an adequate transition time 
be provided for industry to become familiar with the ASTM test methods 
before they are required to implement them. Therefore, the Agency today 
is making the test method changes effective sixty (60) days after 
publication of the final rule in the Federal Register. We are confident 
that sixty (60) days is sufficient lead time for industry to become 
familiar and implement these ASTM test methods. Table 3 lists the 
designated analytical test methods which are being updated for each 
gasoline parameter measured under RFG and CG fuels program in today's 
final rule. We have reviewed these newer versions of the ASTM test 
methods. We believe that the revisions in the newer versions of the 
ASTM designated test methods are not significant changes that would 
cause a user of an older version of the same method to incur 
significant costs. All of the revisions were deemed necessary by ASTM 
so that improvements in the test method's procedures would ensure 
better operation for the user of the test method.

[[Page 8732]]



                   Table 3.--Designated Analytical Test Method Under RFG and CG Fuel Programs
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                               Fuel parameter                                 Designated analytical test method
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Olefins....................................................................  ASTM D 1319-98, entitled,
                                                                              ``Standard Test Method for
                                                                              Hydrocarbon Types in Liquid
                                                                              Petroleum Products by Fluorescent
                                                                              Indicator Absorption''.
Reid Vapor Pressure........................................................  ASTM D 5191-01, entitled,
                                                                              ``Standard Test Method for Vapor
                                                                              Pressure of Petroleum Products
                                                                              (Mini Method)'', except that the
                                                                              following correlation equation be
                                                                              used with ASTM D 5191-01:
                                                                             RVP psi = (0.956*X)-0.347
                                                                             RVP kPa = (0.956*X)-2.39
                                                                             Where:
                                                                             X=total measured vapor pressure in
                                                                              psi or kPa
Distillation...............................................................  ASTM D 86-01, entitled, ``Standard
                                                                              Test Method for Distillation of
                                                                              Petroleum Products at Atmospheric
                                                                              Pressure''.
Oxygen and Oxygen content analysis.........................................  ASTM D 5599-00, entitled,
                                                                              ``Standard Test Method for
                                                                              Determination of Oxygenates in
                                                                              Gasoline by Gas Chromatography and
                                                                              Oxygen Selective Flame Ionization
                                                                              Detection''.\1\
Aromatics..................................................................  ASTM D 5769-98, entitled,
                                                                              ``Standard Test Method for
                                                                              Determination of Benzene, Toluene,
                                                                              and Total Aromatics in Finished
                                                                              Gasolines by Gas Chromatography/
                                                                              Mass Spectrometry'', except that
                                                                              the sample chilling requirements
                                                                              in section 8 of this method be
                                                                              optional.\2\
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\1\ Prior to September 1, 2004, and when oxygenates are limited to MTBE, ETBE, TAME, DIPE, tertiary-amyl
  alcohol, and C1 and C4 alcohols, any refiner, importer, or oxygenate blender may determine oxygenate content
  using ASTM standard method D 4815-99, entitled, ``Standard Test Method for Determination of MTBE, TAME,
  tertiary-amyl Alcohol and C1 and C4 Alcohols in Gasoline by Gas Chromatography'' provided the result is
  correlated to ASTM D 5599-00.
\2\ Prior to September 1, 2004, any refiner, or importer may determine aromatics content using ASTM standard
  method D 1319-99, entitled, ``Standard Test Method for Hydrocarbon Types in Liquid Petroleum Products by
  Fluorescent Indicator Absorption'' provided the result is correlated to ASTM D 5769-98.

    A detailed discussion of all the comments received on the testing 
methods, alternatives to those we are promulgating today, and our 
reasons for selection of the test methods in Table 3 are contained in 
the Response to Comments document for this rulemaking (see item V-C-1 
in Docket A-2001-21).

C. Corrections to Gasoline and Diesel Sample Testing Methodology

    40 CFR Part 80, Appendices D and G, specify sampling procedures for 
gasoline and diesel fuel for all motor vehicle fuel programs under 40 
CFR Part 80, including the programs for unleaded gasoline, gasoline 
volatility, diesel sulfur, RFG, and anti-dumping. We proposed to 
replace the sampling procedures in Appendices D and G with the 
following ASTM standard practices:
     D 4057-95(2000), ``Standard Practice for Manual Sampling 
of Petroleum and Petroleum Products;''
     D 4177-95(2000), ``Standard Practice for Automatic 
Sampling of Petroleum and Petroleum Products;''
     D 5842-95(2000), ``Standard Practice for Sampling and 
Handling of Fuels for Volatility Measurements;'' and
     D 5854-96(2000), ``Standard Practice for Mixing and 
Handling of Liquid Samples of Petroleum and Petroleum Products.''
    These changes were formerly proposed in ``Regulation of Fuels and 
Fuel Additives: Modifications to Standards and Requirements for 
Reformulated and Conventional Gasoline--Proposed Rule,'' 62 FR 37338 
(July 11, 1997), although these provisions were never finalized. Since 
we are updating various other test methods via this notice, it is 
logical to consider sampling methodologies here as well.
    Appendices D and G of 40 CFR Part 80 were adopted from the 1981 
version of D 4057. Over time, however, ASTM has updated D 4057, and 
these changes are not reflected in Appendices D and G.
    EPA received several supportive comments for adopting the ASTM 
sampling methods as proposed. One commenter also requested that an 
adequate transition time be provided for industry to become familiar 
with the ASTM sampling methods before they are required to implement 
them. Therefore, the Agency today is making the sampling method changes 
effective sixty (60) days after publication of the final rule in the 
Federal Register. We are confident that sixty (60) days is sufficient 
lead time for industry to become familiar and implement these ASTM 
sampling methods.
    Thus, EPA is today adopting three ASTM methods in addition to D 
4057-95(2000) as proposed in order to include procedures that address a 
broad scope of sampling situations that are relevant to EPA's motor 
vehicle fuels programs. D 4177-95(2000) deals with automatic sampling 
of petroleum products, which is relevant under the anti-dumping 
regulations for refiners who produce conventional gasoline using an in-
line blending operation where automatic sampling is necessary. 
Similarly, D 5842-95(2000) deals with sampling and sample handling for 
volatility measurement, which is relevant to determining compliance 
with the volatility standards in Sec. 80.27 and the RFG standards in 
Sec. 80.41. Last, D 5854-96(2000) deals with the creation of composite 
samples, which is relevant under the RFG and anti-dumping programs in 
certain situations involving imported gasoline where the gasoline from 
multiple ship compartments is treated as a single batch.
    We believe it is appropriate to replace Appendices D and G with 
ASTM standard practices. The current ASTM practices reflect up-to-date 
procedures, which if followed would result in improved sample quality 
for regulatory purposes. In addition, today's adoption of industry 
standard procedures reduces the regulatory burden because parties would 
be able to follow their customary practices when meeting regulatory 
requirements.

III. Description of Related Agency Actions

    Two other actions by EPA, in combination with today's final 
actions, are also expected to help to facilitate the annual spring 
transition from winter grade RFG to summer grade RFG by increasing RFG 
inventories during this transition period. These are not final 
regulatory actions being taken in today's final rule, but are separate 
and independent Agency actions that are related to today's final 
actions in intent and effect.

[[Page 8733]]

A. Extension of the 2 Percent Testing Tolerance

    RFG at facilities upstream of retail outlets must meet the 
standards for VOC emissions performance from May 1 through September 15 
each year, and additionally at retail outlets from June 1 through 
September 15 each year. These standards are a minimum 25% reduction in 
VOC emissions in southern RFG areas and a minimum 23.4% reduction in 
northern RFG areas. EPA has allowed a 2% tolerance when evaluating 
compliance with these standards at locations downstream of refineries 
since, due to testing variability, a refiner's test results could show 
compliance for some particular RFG, yet a downstream party's test 
results could show noncompliance for that same RFG. This 2% tolerance 
has applied at terminals only after a terminal has obtained a test 
result showing compliance with the VOC standard without application of 
the tolerance.
    Since it is not a regulatory provision, no mention was made in the 
NPRM of allowing use of the 2% testing tolerance for the VOC 
performance standard for the first tank of RFG at terminals classified 
as VOC controlled. Nonetheless, several commenters mentioned that such 
an extension of the existing enforcement tolerance would provide more 
help in easing the seasonal transition from winter to summer RFG than 
any of the actions that EPA proposed (including the terminal receipt 
date). Moreover, commenters pointed out that the 2% tolerance is 
already applied to subsequent tanks of summer RFG at terminals after 
the first tank of summer RFG, and its extension would have no adverse 
impact on the overall emission characteristics of summer grade RFG. EPA 
agrees, in general, with the commenters, and is planning to issue 
guidance to extend applicability of the 2% enforcement tolerance to 
cover the first tank of RFG classified as VOC controlled at terminals.
    This extension of EPA's enforcement tolerance will help to increase 
flexibility for terminals during the crucial period of seasonal 
transitions for the first tank of RFG at terminals classified as VOC 
controlled, the tank for which terminals typically have the most 
difficulty meeting the VOC standard. This extension should help provide 
some relief in meeting the VOC standard for tanks which may contain a 
small amount of residual non-VOC controlled RFG (the tank ``heel'') 
prior to refilling the tank with VOC-controlled RFG, tanks which may 
have slightly missed meeting the VOC performance standards without the 
2% tolerance.

B. Promulgation of Provisions for Using Previously Certified Gasoline

    In December of 2001, EPA finalized a rule to permit 
reclassification of previously certified gasoline (PCG) (66 FR 67098, 
December 28, 2001). This rule allows extremely ``clean'' conventional 
gasoline (CG) to be reclassified as RFG, winter RFG to be reclassified 
as summer RFG, and VOC Region 2 RFG to be reclassified as Region 1 RFG 
in a manner that eliminates the potential for degrading the emissions 
performance of the various gasoline pools. The PCG rule will provide 
refiners with greater flexibility to potentially increase summer RFG 
production during the transition by allowing reclassification of winter 
RFG to summer RFG.

IV. Provisions Not Finalized in Today's Rule

A. Proposed April 15 Terminal Receipt Date

    In EPA's December 3, 2001, notice of proposed rulemaking, EPA 
proposed a new April 15 date on or after which no persons except 
retailers and wholesale purchaser consumers would be able to accept 
receipt of any RFG or RBOB other than summer grade RFG or RBOB. We also 
solicited comment on (1) the elimination or delay of the May 1 up-
stream compliance date, (2) establishment of April 1 as the terminal 
receipt date (rather than April 15), (3) establishment of a two step 
turnover process for terminals, and (4) establishing an April 15 
terminal receipt date but limiting it to the Chicago/Milwaukee RFG 
areas.
    EPA received numerous comments on this part of the proposal. 
Commenters generally believed that any such changes would be unlikely 
to have beneficial effects on gasoline supply during the seasonal 
transition period, and many commenters expressed concern that changes 
in the regulatory scheme too close to the beginning of the summer ozone 
season could actually complicate the transition. EPA recognizes that 
there are many complicated factors, in addition to EPA's compliance 
deadlines, that have an impact on gasoline supply during the seasonal 
transition period, including some EPA was unaware of when this rule was 
proposed. EPA wants to more fully understand these factors before 
making any final decisions about whether to adopt a different 
compliance deadline (or deadlines) for terminals or others. Therefore, 
EPA is not taking any final action today on the proposed April 15 
terminal receipt date. A detailed discussion of EPA's decision is 
included in the response to comments (item V-C-1 in Docket A-2001-21).

B. Proposed Adjustment to the RVP Minimum for RFG

    In the notice of proposed rulemaking, EPA asked for comment on 
reducing the minimum allowable RVP for summer RFG from 6.4 to 6.0 psi, 
as an additional means of helping ease the winter to summer RFG 
transition. EPA has decided not to take any final action on this item 
at this time. A more detailed discussion of EPA's decision is included 
in the response to comments (item V-C-1 in Docket A-2001-21).

V. Administrative Requirements

A. Executive Order 12866

    Under Executive Order 12866, (58 FR 51735 (October 4, 1993)) the 
Agency must determine whether the regulatory action 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:
    (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.
    Pursuant to the terms of Executive Order 12866, we have determined 
that this final rule is not a significant regulatory action.

B. 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

[[Page 8734]]

the States, or on the distribution of power and responsibilities among 
the various levels of government.''
    This final 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. The final rule eliminates the 
existing blendstock accounting requirements at 40 CFR 80.102 and 
updates ASTM test methods to their most recent version. Thus, Executive 
Order 13132 does not apply to this final 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 final rule from 
State and local officials.

C. Executive Order 13175 (Consultation and Coordination With Indian 
Tribal Governments)

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.''
    This final rule does not have tribal implications. It will not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
This rule applies to gasoline refiners, blenders and importers that 
supply gasoline to RFG areas. Today's action modifies the Federal RFG 
requirements, and does not impose any enforceable duties on communities 
of Indian tribal governments. Thus, Executive Order 13175 does not 
apply to this rule.

D. Regulatory Flexibility Act (RFA), as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small 
entities, small entity is defined as: (1) A small business that has not 
more than 1,500 employees (13 CFR 121.201); (2) a small governmental 
jurisdiction that is a government of a city, county, town, school 
district or special district with a population of less than 50,000; and 
(3) a small organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of today's final rule on 
small entities, we believe that this action will not have a significant 
economic impact on a substantial number of small entities. We have 
determined that no small entities will experience an impact from this 
proposal.
    Although this final rule will not have a significant impact on a 
substantial number of small entities, EPA has nonetheless tried to 
reduce the impact of this rule on small entities. We continue to be 
interested in the potential impacts of the final rule on small entities 
and welcome comments on issues related to such impacts.

E. Paperwork Reduction Act

    The information collection requirements in this final rule will be 
submitted for approval to the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An 
Information Collection Request (ICR) document has been prepared by EPA 
(OMB # 2060-0277, EPA ICR No. 1591.15) and a copy may be obtained from 
Susan Auby by mail at Collection Strategies Division; U.S. 
Environmental Protection Agency (2822); 1200 Pennsylvania Ave., NW., 
Washington, DC 20460, by e-mail at [email protected], or by 
calling (202) 260-4901. A copy may also be downloaded off the Internet 
at 
http://www.epa.gov/icr.
    Today's action eliminates the current blendstock tracking and 
accounting provisions of the RFG/anti-dumping regulations. The 
information collection hour burden associated with the current 
blendstock tracking and accounting provisions is estimated to be 24 
hours per respondent to track blendstock transfers and prepare each 
blendstock accounting report, and 80 hours per respondent to prepare a 
request for a waiver of the blendstock accounting requirements (under 
extreme or unusual circumstances). The respondent cost associated with 
the current blendstock tracking and accounting requirements is 
estimated to be $60 per hour for blendstock tracking and preparation of 
each blendstock accounting report and blendstock accounting waiver 
request. The total information collection hour burden associated with 
the current blendstock tracking and accounting provisions is estimated 
to be 4,880 hours per year. This is based on an estimate of 200 
respondents at 24 hours for blendstock tracking and preparation of 
blendstock accounting reports, and one respondent at 80 hours for 
preparation of blendstock accounting waiver requests. This hour burden 
is eliminated by today's action. The total cost burden associated with 
the current blendstock tracking and accounting provisions is estimated 
to be $292,800 per year (4,880 hours  x  $60 per hour). This cost 
burden is eliminated by today's action.
    Regarding recordkeeping and reporting burdens, in a letter dated 
December 12, 2000, the National Petrochemical & Refiners Association 
(NPRA) commented on EPA's draft Information Collection Request for 
reformulated and conventional gasoline reporting. 65 FR 60939 (October 
13, 2000). In the letter, NPRA made several requests relating to the 
RFG program's current information collection burden. Although today's 
action does not address all of NPRA's requests, as discussed above, 
today's action eliminates all of the current burden associated with the 
RFG program's anti-dumping blendstock tracking and accounting 
requirements. The current blendstock provisions impose substantial 
recordkeeping and reporting burdens on refiners who transfer 
blendstocks. These recordkeeping and reporting burdens may have had the 
effect of deterring refiners from transferring such blendstocks. 
Today's action eliminates these burdens for all refiners. We believe 
this reduction in information collection burden will result in a more 
free exchange of blendstocks.
    OMB has approved the information collection requirements contained 
in the final RFG/anti-dumping rulemaking

[[Page 8735]]

(See 59 FR 7716 (February 16, 1994) and has assigned OMB control number 
2060-0277 (EPA ICR No. 1591.13). EPA ICR 1591.14 associated with this 
rule will be encompassed in the next renewal of ICR 1591.13.
    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. An Agency may not 
conduct or sponsor, and a person is not required to respond to a 
collection of information unless it displays a currently valid OMB 
control number. The OMB control numbers for EPA's regulations are 
listed in 40 CFR part 9 and 48 CFR Chapter 15.

F. 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 section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in 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 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 final rule contains no Federal mandates (under the 
regulatory provisions of Title II of the UMRA) for State, local or 
tribal governments or the private sector. The final rule would impose 
no enforceable duty on any State, local or tribal governments or the 
private sector. This final rule applies to gasoline refiners, blenders 
and importers that supply gasoline to RFG areas.

G. Executive Order 13045: Children's Health Protection

    Executive Order 13045: ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that: (1) Is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that EPA has reason to believe may 
have a disproportionate effect on children. If the regulatory action 
meets both criteria, the Agency must evaluate the environmental health 
or safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Order has the 
potential to influence the regulation. This rule is not subject to 
Executive Order 13045 because it does not establish an environmental 
standard intended to mitigate health or safety risks.

H. National Technology Transfer and Advancement Act of 1995 (NTTAA)

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law No. 104-113, section 12(d) (15 
U.S.C. 272 note) directs EPA to use voluntary consensus standards in 
its regulatory activities unless to do so would be inconsistent with 
applicable law or 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. The NTTAA directs EPA 
to provide Congress, through OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards.
    This final rulemaking involves environmental monitoring or 
measurement. Consistent with the Agency's Performance Based Measurement 
System (``PBMS''), EPA proposes not to require the use of specific, 
prescribed analytic methods. Rather, the Agency plans to allow the use 
of any method that meets the prescribed performance criteria. The PBMS 
approach is intended to be more flexible and cost-effective for the 
regulated community; it is also intended to encourage innovation in 
analytical technology and improved data quality. EPA is not precluding 
the use of any method, whether it constitutes a voluntary consensus 
standard or not, as long as it meets the performance criteria 
specified.
    This final rule will update certain designated analytical test 
methods to their most recent ASTM version for the RFG program. Today's 
action does not establish new technical standards or analytical test 
methods, although it does update certain ASTM test methods and sampling 
methods to their current versions. To the extent that this action would 
allow the use of standards developed by voluntary consensus bodies 
(such as ASTM) this action would further the objectives of the NTTAA. 
The Agency plans to address the objectives of the NTTAA more broadly in 
an upcoming rulemaking to establish performance-based criteria for 
qualification of alternative analytical test methods.

I. Executive Order 13211 (Energy Effects)

    This rule is not an economically ``significant energy action'' as 
defined in Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355 
(May 22, 2001)) because it does not have a significant adverse effect 
on the supply, distribution, or use of energy. EPA is allowing 
additional flexibility for refiners to transfer blendstocks, which 
should allow refiners to better respond to fluctuations in gasoline 
supply or demand.

[[Page 8736]]

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. A ``major rule'' 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(a).

VI. Statutory Provisions and Legal Authority

    Statutory authority for today's final rule comes from sections 
211(c) and 211(k) of the CAA (42.U.S.C. 7545(c) and (k)). Section 
211(c) allows EPA to regulate fuels that contribute to air pollution 
which endangers public health or welfare, or which impairs emission 
control equipment. Section 211(k) prescribes requirements for RFG and 
conventional gasoline and requires EPA to promulgate regulations 
establishing these requirements. Additional support for the procedural 
aspects of the fuels controls in today's rule comes from sections 
114(a) and 301(a) of the CAA.

List of Subjects in 40 CFR Part 80

    Environmental protection, Fuel additives, Gasoline, Imports, 
Incorporation by reference, Labeling, Motor vehicle pollution, 
Penalties, Reporting and recordkeeping requirements.

    Dated: February 11, 2002.
Christine Todd Whitman,
Administrator.
    For the reasons set forth in the preamble, part 80 of title 40, 
chapter I of the Code of Federal Regulations is amended as follows:

PART 80--REGULATION OF FUELS AND FUEL ADDITIVES

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

    Authority: 42 U.S.C. 7414, 7545, and 7601(a).

    2. Section 80.8 is added to Subpart A to read as follows:


Sec. 80.8  Sampling methods for gasoline and diesel fuel.

    The sampling methods specified in this section shall be used to 
collect samples of gasoline and diesel fuel for purposes of determining 
compliance with the requirements of this part.
    (a) Manual sampling. Manual sampling of tanks and pipelines shall 
be performed according to the applicable procedures specified in 
American Society for Testing and Materials (ASTM) method D 4057-
95(2000), entitled ``Standard Practice for Manual Sampling of Petroleum 
and Petroleum Products.''
    (b) Automatic sampling. Automatic sampling of petroleum products in 
pipelines shall be performed according to the applicable procedures 
specified in ASTM method D 4177-95(2000), entitled ``Standard Practice 
for Automatic Sampling of Petroleum and Petroleum Products.''
    (c) Sampling and sample handling for volatility measurement. 
Samples to be analyzed for Reid Vapor Pressure (RVP) shall be collected 
and handled according to the applicable procedures in ASTM method D 
5842-95(2000), entitled ``Standard Practice for Sampling and Handling 
of Fuels for Volatility Measurement.''
    (d) Sample compositing. Composite samples shall be prepared using 
the applicable procedures in ASTM method D 5854-96(2000), entitled 
``Standard Practice for Mixing and Handling of Liquid Samples of 
Petroleum and Petroleum Products.''
    (e) Incorporations by reference. ASTM standard practices D 4057-
95(2000), D 4177-95(2000), D 5842-95(2000), and D 5854-96(2000), are 
incorporated by reference. These incorporations by reference were 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the 
American Society for Testing and Materials, 100 Barr Harbor Dr., West 
Conshohocken, PA 19428-2959. Copies may be inspected at the Air Docket 
Section (LE-131), room M-1500, U.S. Environmental Protection Agency, 
Docket No. A-97-03, 401 M Street, SW., Washington, DC 20460, or at the 
Office of the Federal Register, National Archives and Records 
Administration, 800 North Capitol Street, NW., Suite 700, Washington, 
DC.

    3. Section 80.27 is amended by revising paragraphs (b) and (d)(2) 
to read as follows:


Sec. 80.27  Controls and prohibitions on gasoline volatility.

* * * * *
    (b) Determination of compliance. Compliance with the standards 
listed in paragraph (a) of this section shall be determined by the use 
of the sampling methodologies specified in Sec. 80.8 and the testing 
methodology specified in Sec. 80.46(c).
* * * * *
    (d) * * *
    (2) In order to qualify for the special regulatory treatment 
specified in paragraph (d)(1) of this section, gasoline must contain 
denatured, anhydrous ethanol. The concentration of the ethanol, 
excluding the required denaturing agent, must be at least 9% and no 
more than 10% (by volume) of the gasoline. The ethanol content of the 
gasoline shall be determined by the use of one of the testing 
methodologies specified in Sec. 80.46(g). The maximum ethanol content 
shall not exceed any applicable waiver conditions under section 211(f) 
of the Clean Air Act.
* * * * *

    4. Section 80.28 is amended by revising paragraphs (g)(2)(ii) and 
(g)(4)(i) to read as follows:


Sec. 80.28  Liability for violations of gasoline volatility controls 
and prohibitions.

* * * * *
    (g) * * *
    (2) * * *
    (ii) Test results using the sampling methodology set forth in 
Sec. 80.8 and the testing methodology set forth in Sec. 80.46(c), or 
any other test method where adequate correlation to Sec. 80.46(c) is 
demonstrated, which show evidence that the gasoline determined to be in 
violation was in compliance with the applicable standard when it was 
delivered to the next party in the distribution system.
* * * * *
    (4) * * *
    (i) Test results using the sampling methodology set forth in 
Sec. 80.8 and the testing methodology set forth in Sec. 80.46(c), or 
any other test method where adequate correlation to Sec. 80.46(c) is 
demonstrated, which show evidence that the gasoline determined to be in 
violation was in compliance with the applicable standard when 
transported from the refinery.
* * * * *

    5. Section 80.40 is amended by revising paragraph (c)(1) to read as 
follows:


Sec. 80.40  Fuel certification procedures.

* * * * *
    (c)(1) ``Adjusted VOC gasoline'' for purposes of the general 
requirements in Sec. 80.65(d)(2)(ii), and the certification procedures 
in this section is gasoline

[[Page 8737]]

that contains 10 volume percent ethanol, or RBOB intended for blending 
with 10 volume percent ethanol, that is intended for use in the areas 
described at Sec. 80.70(f) and (i), and is designated by the refiner as 
adjusted VOC gasoline subject to less stringent VOC standards in 
Sec. 80.41(e) and (f). In order for ``adjusted VOC gasoline'' to 
qualify for the regulatory treatment specified in Sec. 80.41(e) and 
(f), reformulated gasoline must contain denatured, anhydrous ethanol. 
The concentration of the ethanol, excluding the required denaturing 
agent, must be at least 9% and no more than 10% (by volume) of the 
gasoline. The ethanol content of the gasoline shall be determined by 
use of one of the testing methodologies specified in Sec. 80.46(g).
* * * * *

    6. Section 80.46 is amended by revising paragraphs (b), (c), (d), 
(f), (g) and (h) to read as follows:


Sec. 80.46  Measurement of reformulated gasoline fuel parameters.

* * * * *
    (b) Olefins. Olefin content shall be determined using ASTM standard 
method D 1319-98, entitled ``Standard Test Method for Hydrocarbon Types 
in Liquid Petroleum Products by Fluorescent Indicator Adsorption.''
    (c) Reid vapor pressure (RVP). Reid vapor pressure (RVP) shall be 
determined using ASTM standard method D 5191-01, entitled ``Standard 
Test Method for Vapor Pressure of Petroleum Products (Mini Method),'' 
except that the following correlation equation must be used:

RVP psi = (0.956 * X) -0.347
    RVP kPa = (0.956 * X) -2.39

    Where:
    X = total measured vapor pressure in psi or kPa.

    (d) Distillation. Distillation parameters shall be determined using 
ASTM standard method D 86-01, entitled'' Standard Test Method for 
Distillation of Petroleum Products at Atmospheric Pressure.''
* * * * *
    (f)(1) Aromatic content shall be determined using ASTM D 5769-98, 
entitled, ``Standard Test Method for Determination of Benzene, Toluene, 
and Total Aromatics in Finished Gasolines by Gas Chromatography/Mass 
Spectrometry'', except that the sample chilling requirements in section 
8 of this standard method are optional.
    (2) [Reserved]
    (3) (i) Prior to September 1, 2004, any refiner or importer may 
determine aromatics content using ASTM standard method D 1319-99, 
entitled ``Standard Test Method for Hydrocarbon Types in Liquid 
Petroleum Products by Flourescent Indicator Adsorption,'' for purposes 
of meeting any testing requirement involving aromatics content; 
provided that
    (ii) The refiner or importer test result is correlated with the 
method specified in paragraph (f)(1) of this section.
    (g) Oxygen and oxygenate content analysis. (1) Oxygen and oxygenate 
content shall be determined using ASTM standard method D 5599-00, 
entitled ``Standard Test Method for Determination of Oxygenates in 
Gasoline by Gas Chromatography and Oxygen Selective Flame Ionization 
Detection.''
    (2) (i) Prior to September 1, 2004, 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 4815-99 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
    (ii) The refiner or importer test result is correlated with the 
method specified in paragraph (g)(1) of this section.
    (h) Incorporations by reference. ASTM standard methods D 3606-99, 
entitled ``Standard Test Method for Determination of Benzene and 
Toluene in Finished Motor and Aviation Gasoline by Gas 
Chromatography;'' D 1319-98, entitled ``Standard Test Method for 
Hydrocarbon Types in Liquid Petroleum Products by Fluorescent Indicator 
Adsorption;' D 1319-99, entitled ``Standard Test Method for Hydrocarbon 
Types in Liquid Petroleum Products by Fluorescent Indicator 
Adsorption;'' D 4815-99, entitled ``Standard Test Method for 
Determination of MTBE, ETBE, TAME, DIPE, tertiary-Amyl Alcohol and 
C1 to C4 Alcohols in Gasoline by Gas 
Chromatography;'' D 2622-98, entitled ``Standard Test Method for Sulfur 
in Petroleum Products by Wavelength Dispersive X-Ray Fluorescence 
Spectrometry;'' D 5191-01, entitled, ``Standard Test Method for Vapor 
Pressure of Petroleum Products (Mini Method);'' D 5599-00, entitled, 
``Standard Test Method for Determination of Oxygenates in Gasoline by 
Gas Chromatography and Oxygen Selective Flame Ionization Detection;'' D 
5769-98, entitled, ``Standard Test Method for Determination of Benzene, 
Toluene, and Total Aromatics in Finished Gasolines by Gas 
Chromatography/Mass Spectrometry,'' and D 86-01, entitled, ``Standard 
Test Method for Distillation of Petroleum Products at Atmospheric 
Pressure;'' are incorporated by reference in this section. These 
incorporations by reference were approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Copies may be obtained from the American Society for Testing and 
Materials, 100 Barr Harbor Dr., West Conshohocken, PA 19428-2959. 
Copies may be inspected at the Air Docket Section (LE-131), room M-
1500, U.S. Environmental Protection Agency, Docket No. A-97-03, 401 M 
Street, SW., Washington, DC 20460, or at the Office of the Federal 
Register, National Archives and Records Administration, 800 North 
Capitol Street, NW., Suite 700, Washington, DC.

    7. Section 80.65 is amended by revising paragraph (d)(3) to read as 
follows:


Sec. 80.65  General requirements for refiners, importers, and oxygenate 
blenders.

* * * * *
    (d) * * *
    (3) Every batch of reformulated or conventional gasoline or RBOB 
produced or imported at each refinery or import facility shall be 
assigned a number (the ``batch number''), consisting of the EPA-
assigned refiner, importer or oxygenate blender registration number, 
the EPA facility registration number, the last two digits of the year 
in which the batch was produced, and a unique number for the batch, 
beginning with the number one for the first batch produced or imported 
each calendar year and each subsequent batch during the calendar year 
being assigned the next sequential number (e.g., 4321-54321-95-000001, 
4321-54321-95-000002, etc.).
* * * * *


Sec. 80.91  [Amended]

    9. Section 80.91 is amended by removing paragraph (a)(1)(iii) and 
removing ``; and'' at the end of paragraph (a)(1)(ii) and adding a 
period.

    10. Section 80.92 is amended by revising the first sentence of 
paragraph (a)(1) to read as follows:


Sec. 80.92  Baseline auditor requirements.

    (a) * * *
    (1) Each refiner or importer is required to have its individual 
baseline determination methodology, resulting baseline fuel parameter, 
volume and emissions values verified by an auditor which meets the 
requirements described in this section. * * *
* * * * *

[[Page 8738]]

    11. Section 80.101 is amended by removing and reserving paragraphs 
(d)(2) and (e)(2), removing paragraph (h)(2)(iii), and revising 
paragraphs (h)(2)(i) and (h)(2)(ii) to read as follows:


Sec. 80.101  Standards applicable to refiners and importers.

* * * * *
    (h) * * *
    (2) * * *
    (i) Be made as part of the report for the 1995 averaging period 
required by Sec. 80.105; and
    (ii) Apply for the 1995 averaging period and for each subsequent 
averaging period, and may not thereafter be changed.
* * * * *


Sec. 80.102  [Removed and Reserved]

    12. Section 80.102 is removed and reserved.

    13. Section 80.104 is amended by revising paragraphs (a)(1)(i) and 
removing and reserving paragraph (a)(2)(ix) to read as follows:


Sec. 80.104  Recordkeeping requirements.

* * * * *
    (a) * * *
    (1) * * *
    (i) Each batch of conventional gasoline; and
* * * * *


Sec. 80.105  [Amended]

    14. Section 80.105 is amended by removing and reserving paragraphs 
(a)(2) and (a)(3).


Sec. 80.106  [Amended]

    15. Section 80.106 is amended by removing and reserving paragraph 
(b).


Sec. 80.128  [Amended]

    16. Section 80.128 is amended by removing paragraphs (h) and (i).


Appendix D   [Removed and Reserved]

    17. Appendix D is removed and reserved.


Appendix E   [Removed and Reserved]

    18. Appendix E is removed and reserved.


Appendix F   [Removed and Reserved]

    19. Appendix F is removed and reserved.


Appendix G   [Removed and Reserved]

    20. Appendix G is removed and reserved.
[FR Doc. 02-4067 Filed 2-25-02; 8:45 am]
BILLING CODE 6560-50-P