[Federal Register Volume 67, Number 165 (Monday, August 26, 2002)]
[Rules and Regulations]
[Pages 54743-54744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21662]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[AMS-FRL-7265-4]
RIN 2060-AJ71


Control of Air Pollution From New Motor Vehicles; Second 
Amendment to the Tier 2/Gasoline Sulfur Regulations; Partial Withdrawal 
of Direct Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Partial withdrawal of direct final rule.

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SUMMARY: Due to receipt of adverse comments, EPA is withdrawing certain 
amendments that were included in the direct final rule published on 
June 12, 2002 (67 FR 40169), related to the Tier 2/Gasoline Sulfur 
program. The only provisions being withdrawn are the changes to the 
section concerning the generation of credits beginning in 2004. Because 
these provisions are being withdrawn, the existing provisions regarding 
this matter remain in effect. We will address the adverse comments in a 
subsequent final action based on the parallel proposal published on 
June 12, 2002 (67 FR 40256).

DATES: The following provisions of the direct final rule published at 
67 FR 40169 (June 12, 2002) are withdrawn as of August 26, 2002:
    1. The revision to 40 CFR 80.310(a),
    2. The amendment of 40 CFR 80.310(b), and
    3. The addition of 40 CFR 80.310(d).

ADDRESSES: All comments and materials relevant to today's action are 
contained in Public Docket No. A-97-10 at the following address: EPA 
Docket Center (EPA/DC), Public Reading Room, Room B102, EPA West 
Building, 1301 Constitution Avenue, NW., Washington, DC. Dockets may be 
inspected from 8:30 a.m. to 4:30 p.m., Monday through Friday, except on 
government holidays. You can reach the Air Docket by telephone at (202) 
566-1742 and by facsimile at (202) 566-1741. You may be charged a 
reasonable fee for photocopying docket materials, as provided in 40 CFR 
part 2.

FOR FURTHER INFORMATION CONTACT: Mary Manners, U.S. EPA, National 
Vehicle and Fuels Emission Laboratory, Assessment and Standards 
Division, 2000 Traverwood, Ann Arbor, MI 48105; telephone (734) 214-
4873, fax (734) 214-4051, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: We stated in the direct final rule published 
at 67 FR 40169 (June 12, 2002) that if we received adverse comment on 
one or more distinct amendments, paragraphs, or sections of the 
rulemaking by July 12, 2002, we would publish a timely withdrawal in 
the Federal Register indicating which provisions would become effective 
on September 10, 2002, and which provisions would be withdrawn due to 
adverse comment. We received adverse comments on the amendments to 40 
CFR 80.310.
    The direct final rule eliminated the anti-backsliding provision 
under the Geographic Phase-in Area (GPA) program for GPA gasoline. 
Specifically, we replaced the variable average standard for GPA 
gasoline \1\ with a flat average standard of 150 ppm sulfur for 2004 
through 2006. In addition, to

[[Page 54744]]

prevent the generation of windfall credits by refineries that have 
existing gasoline sulfur baselines below 150 ppm sulfur (but now will 
have an average GPA standard of 150 ppm), we also amended Sec. 80.310, 
``How are credits generated beginning in 2004?''. As stated in the 
preamble to the direct final rule, we believed that the amendment to 
Sec. 80.310 would allow for the generation of credits during the 2004 
through 2006 period comparable to the number of credits that could have 
been generated under the Tier 2 rule (65 FR 6698, February 10, 2000), 
even though the standard for all GPA gasoline will be 150 ppm sulfur.
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    \1\ The anti-backsliding requirement defined the average 
standard for GPA gasoline as the least of (1) 150 ppm, (2), the 
refinery's or importer's 1997/1998 average gasoline sulfur level, 
calculated in accordance with Sec. 80.295, plus 30 ppm, or (3) the 
lowest average sulfur content for any year in which the refinery 
generated allotments or credits under Sec. 80.275(a) or Sec. 80.305 
plus 30 ppm, not to exceed 150 ppm.
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    As a result of the adverse comments received, we are withdrawing 
all amendments to Sec. 80.310. We intend to consider the issues raised 
by the comments in a final action based on the concurrent notice of 
proposed rulemaking (67 FR 40256). With the exception of the amendments 
to Sec. 80.310, all other amendments will become effective on September 
10, 2002 as provided in the June 12, 2002 direct final rule.

List of Subjects in 40 CFR Part 80

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

    Dated: August 16, 2002.
Robert Brenner,
Assistant Administrator for Office of Air and Radiation.
[FR Doc. 02-21662 Filed 8-23-02; 8:45 am]
BILLING CODE 6560-50-P