[Federal Register Volume 67, Number 98 (Tuesday, May 21, 2002)]
[Notices]
[Pages 35808-35809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12707]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7213-9]


Proposed Alternative Tier 2 Requirements for PuriNO__ Diesel Fuel

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed requirements.

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SUMMARY: The Lubrizol Corporation (Lubrizol) has developed a motor-
vehicle diesel fuel, known as PuriNOX, that contains 
significant amounts of water and methanol. The purpose of this notice 
is to announce that EPA has notified Lubrizol, by certified letter, of 
proposed Alternative Tier 2 testing requirements for PuriNOX 
Generation 2 Winter Diesel Fuel Emulsion (Winter PuriNOX) 
under the fuel and fuel additive registration testing requirements. EPA 
is also proposing that testing performed by Lubrizol on Winter 
PuriNOX and a warm-climate PuriNOX is sufficient 
to cover intermediate versions of PuriNOX. A copy of the 
letter has been placed in the public record. The purpose of these 
proposals is to assist in characterizing potential health risks 
associated with the use of this fuel. The public is invited to comment 
on these proposals.

DATES: Comments must be submitted on or before June 20, 2002. Comments 
on the proposed Alternative Tier 2 provisions must be received from 
Lubrizol within 60 days of Lubrizol's receipt of the notification 
letter.

ADDRESSES: Written comments should be addressed to Public Docket No. 
A-2002-07, Waterside Mall (Room M-1500), 
Environmental Protection Agency, Air Docket Section, 401 M Street, SW., 
Washington, DC, 20460-0001. Relevant materials have been placed 
in this docket. It may be inspected from 8 a.m. to 5:30 p.m., Monday 
through Friday. A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: James W. Caldwell, Environmental 
Engineer, U.S. Environmental Protection Agency, Office of 
Transportation and Air Quality, Mail Code 6406J, 1200 Pennsylvania 
Avenue, NW, Washington, DC, 20460-0001, (202) 564-9303, fax 
(202) 565-2085, [email protected].

SUPPLEMENTARY INFORMATION: Regulated Entity. The entity potentially 
regulated by this action is Lubrizol.

I. Introduction

    Pursuant to sections 211(b)(2) and 211(e) of the Clean Air Act 
(CAA) EPA promulgated regulations requiring manufacturers of designated 
fuels and fuel additives (F/FA) to conduct tests to determine the 
potential health effects of the F/FA emissions. The final rule, 
promulgated May 27, 1994, established new health-effects testing 
requirements for the registration of designated F/FAs (59 FR 33042).
    The registration requirements are organized within a three-tier 
structure. Tier 1 requires F/FA manufacturers to supply to EPA (1) the 
identity and

[[Page 35809]]

concentration of certain emission products, and (2) any available 
information regarding the health and welfare effects of the whole and 
speciated emissions. 40 CFR 79.52. Tier 2 requires that combustion 
emissions of each F/FA subject to the testing requirements be tested 
for subchronic systemic and organic toxicity, as well as the assessment 
of specific health-effect endpoints. 40 CFR 79.53. Tier 3 testing may 
be required, at EPA's discretion, when remaining uncertainties as to 
the significance of observed health or welfare effects, or emissions 
exposures, interfere with EPA's ability to reasonably assess the 
potential risks posed by the emissions from a F/FA. 40 CFR 79.54. EPA's 
regulations permit submission of adequate existing test data in lieu of 
conducting new, duplicative tests. 40 CFR 79.53(b).
    At its discretion, EPA may modify the standard Tier 2 health-
effects testing requirements for a F/FA (or group thereof) by 
substituting, adding, or deleting testing requirements, or changing the 
underlying vehicle/engine specifications. 40 CFR 79.58(c). EPA will 
not, however, delete a testing requirement for a specific end point in 
the absence of existing adequate information, or an alternative testing 
requirement for that endpoint. 40 CFR 79.58(c).

II. Proposed Alternative Tier 2 Requirements for PuriNOX

    The purpose of this document is to announce that EPA has notified 
Lubrizol of proposed Alternative Tier 2 testing requirements under 40 
CFR 79.58(c) for Lubrizol's Winter PuriNOX formulation. The 
proposed Alternative Tier 2 testing requirements are identical to the 
standard Tier 2 requirements with the exception that the test fuel will 
be the Winter PuriNOX formulation, consisting of 74% diesel 
fuel, 16.8% water, 5.7% methanol, and 3.5% PuriNOX 
Generation 2 Additive Package. Under the standard Tier 2 requirements 
the water and methanol would have been tested separately in diesel 
fuel. EPA believes that, since such separate formulations will never 
occur in the production of Winter PuriNOX, testing of the 
proposed test fuel, which corresponds with its commercial composition, 
will produce more meaningful health-effects testing results.
    Lubrizol has already conducted standard Tier 2 testing on a warm-
climate PuriNOX formulation, consisting of 77% diesel fuel, 
20% water, and 3% PuriNOX 1121A Additive Package. We propose 
that this testing, in conjunction with the Alternative Tier 2 testing 
for Winter PuriNOX, will be sufficient to meet the Tier 2 
requirements for intermediate PuriNOX combinations of diesel 
fuel, water, methanol, and additive package.\1\
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    \1\ Thus, if the Winter PuriNOX Alternative 
Tier 2 testing is successfully completed, the Tier 2 health effects 
testing requirements would be met for PuriNOX 
formulations consisting of 100%-74% diesel fuel, 
0%-20%water, 0%-5.7% methanol, 0%-3.5% 
PuriNOX Generation 2 Additive, or 0%-3% 
PuriNOX 1121A.
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    EPA requests public comment on these proposals. A copy of the 
notification to Lubrizol has been placed in Public Docket No. 
A-2002-07 noted above. The notification is also available 
from the contact noted above and at www.epa.gov/otaq/fuels.

III. Environmental Impact

    This document will result in no immediate environmental impact, but 
may provide a basis for further regulatory action, should the collected 
data indicate that there may be a risk to public health or welfare.

IV. Economic Impact

    This document will reduce the testing expense for Lubrizol by 
reducing the number of test fuels. Since this applies only to Lubrizol, 
which is not a small entity, there is no economic impact on small 
entities.

    Dated: May 14, 2002.
Robert Brenner,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. 02-12707 Filed 5-20-02; 8:45 am]
BILLING CODE 6560-50-P