[Federal Register Volume 70, Number 193 (Thursday, October 6, 2005)]
[Rules and Regulations]
[Pages 58330-58335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20109]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[OAR-2002-0042; FRL-7981-4]
RIN 2060-AJ97


Control of Emissions of Hazardous Air Pollutants From Mobile 
Sources: Default Baseline Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action revises the mobile source air toxics (MSAT) rule's 
default baseline values for reformulated gasoline and conventional 
gasoline to reflect the national average toxics performance of gasoline 
during 1998-2000. EPA's MSAT rule, Control of Emissions of Hazardous 
Air Pollutants From Mobile Sources (66 FR 17230, March 29, 2001), 
requires that the annual average toxic performance of gasoline must be 
at least as clean as the average performance of the gasoline produced 
or imported during the period 1998-2000 (known as the ``baseline 
period''). The baseline performance is determined separately for each 
refinery and importer, and the rule established default toxics baseline 
values for refineries and importers that could not develop individual 
toxics baselines. The default toxics baseline values are based on the 
national average performance of gasoline during the baseline period. 
However, at the time of the final rule, gasoline toxics performance 
data were not yet available for the year 2000. Therefore, the final 
rule included regulations directing the EPA to revise the default 
toxics baseline values in the rule to reflect the entire 1998-2000 
baseline period once the appropriate data became available. With this 
action, EPA is revising the default toxics baseline values for 
refineries and importers to reflect the national average

[[Page 58331]]

toxics performance of gasoline during 1998-2000.

DATES: This final rule will be effective on November 7, 2005.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. OAR-2002-0042. All documents in the docket are listed in the 
EDOCKET index at http://www.epa.gov/edocket. Publicly available docket 
materials are available either electronically in EDOCKET or in hard 
copy at the Air Docket in the EPA Docket Center, EPA/DC, EPA West, Room 
B102, 1301 Constitution Ave., NW., Washington DC. This Docket Facility 
and the Public Reading Room are open from 8:30 a.m. to 4:30 p.m., 
Monday through Friday, excluding legal holidays. The telephone number 
for the Public Reading Room is (202) 566-1744, and the telephone number 
for the Air Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Christine Brunner, OTAQ, ASD 
Environmental Protection Agency, 2000 Traverwood, Ann Arbor, MI 48105, 
telephone number: (734) 214-4287; fax number: (734) 214-4816; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A Does This Action Apply to Me?

    This action may affect you if you produce, import, distribute or 
sell gasoline. The following table gives some examples of entities that 
may have to follow the regulations.

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            Category              NAICS\1\ codes   SIC \2\ codes                        Examples of potentially regulated entities
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Industry........................          324110            2911  Petroleum Refiners.
Industry........................          422710            5171  Gasoline or Diesel Marketers and Distributors.
                                          422720            5172
Industry........................          484220            4212  Gasoline or Diesel Carriers.
                                          484230           4213
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\1\ North American Industry Classification System (NAICS).
\2\ Standard Industrial Classification (SIC) system code.

    This table is not intended to be exhaustive, but provides a guide 
for readers regarding entities likely to be regulated by this action. 
This table lists the types of entities that EPA is now aware could 
potentially be affected by this action. Other types of entities not 
listed in the table could also be affected. To decide whether your 
organization might be affected by this action, you should carefully 
examine today's action and the existing regulations in 40 CFR part 80. 
If you have any questions regarding the applicability of this action to 
a particular entity, consult the persons listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.

II. Background

    As discussed in the proposal, the regulations promulgated in the 
final rule, Control of Emissions of Hazardous Air Pollutants From 
Mobile Sources (66 FR 17230, March 29, 2001), also known as the Mobile 
Source Air Toxics (MSAT) rule, require that the annual average toxics 
performance of gasoline produced or imported beginning in 2002 must be 
at least as clean as the average performance of the gasoline produced 
or imported during the three-year period 1998-2000 (40 CFR part 80, 
subpart J). Toxics performance is determined separately for 
reformulated gasoline (RFG) and conventional gasoline (CG).
    To establish a unique individual MSAT baseline, EPA requires each 
refiner and importer to submit documentation (i.e., toxics performance 
and volume data) supporting the determination of the baseline. Those 
refiners and importers who did not have sufficient refinery production 
or imports during 1998-2000 (based on the criteria specified in Sec.  
80.855(a) and Sec.  80.915(a)) have the default baseline provided in 
Sec.  80.855(b)(1) as their individual MSAT baseline.
    As discussed in the rule, the default baseline is based on the 
average toxics performance of gasoline produced and imported for use in 
the United States during the baseline period (1998-2000). At the time 
of the rulemaking, year 2000 batch data from refiners and importers 
were not available, so EPA included in the regulations an estimate of 
the default baseline, as well as a requirement at Sec.  80.855(b)(2) 
that EPA update this estimate to reflect the gasoline produced during 
the entire baseline period, including the year 2000.
    EPA issued a proposed a rule (70 FR 640, January 4, 2005) which 
would fulfill the requirement at Sec.  80.855(b)(2) to revise the 
default baseline values. The deadline for requesting a public hearing 
was January 24, 2005, and for submitting comments, February 3, 2005. No 
one requested to speak at a public hearing; five comments were 
received. Copies of the comments on the proposal can be obtained from 
the docket (see ADDRESSES).

III. Description of Today's Action

A. Default Baseline Values

    EPA is finalizing the MSAT default compliance baseline values, or 
``default baseline values,'' in Sec.  80.855(b)(1) as proposed. For 
RFG, the revised value is 26.78 percent reduction. For CG, the revised 
value is 97.38 mg/mile. The revised values include the appropriate 
compliance margins.

                                                                             Table 1.--MSAT Default Baseline Values
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                                                                                                                                                                                        Today's
                                                                                                                                          Previous value (66 FR 17230, 3/29/01)          action
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RFG (% reduction)........................  1998-2000 Average.....................................................................  26.01.............................................      27.48
                                           Default Baseline Value [supcaret].....................................................  26.71\1\..........................................      26.78
                                                                                                                                   (correct value = 25.31)...........................  .........
CG (mg/mile).............................  1998-2000 Average.....................................................................  92.14.............................................      94.88
                                           Default Baseline Value [supcaret].....................................................  94.64.............................................     97.38
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[supcaret] Includes compliance margin of 0.7% reduction for RFG, and 2.5 mg/mile for CG, per Sec.   80.915(h).
\1\ See the discussion in section ``C. Correction''.


[[Page 58332]]

    Today's action promulgates revised default baseline values 
calculated using the Batch Performance methodology. In the proposal, we 
presented two calculation methodologies we had evaluated for the 
purposes of calculating the default baseline values: the Batch 
Performance method and the Fuel Parameter method. Both use 1998-2000 
gasoline property data submitted by refiners and importers. We proposed 
to use the Batch Performance method because it better reflects and 
accounts for the actual gasoline (based on composition) that was in the 
market during 1998-2000. The Batch Performance method also more closely 
resembles how refiners and importers determine compliance with the RFG 
and anti-dumping regulations, which is on a batch by batch basis, by 
analyzing each batch and then determining the average toxics 
performance of the batches. All those who commented on this aspect of 
the proposal supported the Batch Performance calculation methodology as 
more appropriate than the Fuel Parameter methodology.
    All but one of the commenters supported this action to revise the 
default baseline values. The commenter who did not support the change 
claimed that the change disproportionately affects blender/refiners and 
importers. While more blender/refiners and importers than crude-
processing refiners are subject to the default baseline, this action 
simply updates the default baseline values as required by the original 
MSAT rule and does not change (compared to the original MSAT rule) 
those who are subject to the default baseline.
    Today's action revising the default baseline values was required 
under Sec.  80.855(b)(2). Because today's action completes that 
requirement, the regulatory language at Sec.  80.855(b)(2) is being 
removed, and that paragraph designated as ``Reserved,'' a term used to 
maintain the continuity of codification in the Code of Federal 
Regulations (CFR).\2\
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    \2\ Federal Register Document Drafting Handbook, 1991.
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B. Effective Date

    The default baseline values promulgated today will be effective 
beginning with the 2006 annual compliance period which begins on 
January 1, 2006. EPA had proposed a start date of January 1, 2005. Most 
commenters did not support the proposed January 1, 2005, start date, 
though one entity mildly supported that date for the CG revised default 
baseline value, as that value is less stringent than the value 
originally promulgated. Those opposed to the 2005 start date stated 
that it would amount to a retroactive rulemaking (since the requirement 
would apply as of the January 1, 2005, compliance period but would be 
promulgated after that date). Most supported a January 1, 2006, start 
date, provided the final rule was promulgated before September 30, 
2005, or more generally, a start date beginning with the next 
compliance period after promulgation. EPA agrees that a January 1, 
2006, start date is more appropriate given the timing of the proposed 
and the final rules, and is promulgating that start date in today's 
action. We believe that this start date provides affected parties 
sufficient lead time to prepare for the changes required by today's 
action, yet does not further delay any environmental benefits 
associated with the baseline value revisions.

C. Correction

    For the reasons set out in the preamble to the proposed rule, 
today's action corrects, for calendar years 2002 through 2005, the RFG 
default MSAT value listed in the March 29, 2001, final rule. In that 
action, the compliance margin was incorrectly applied to the RFG 
average toxics reduction estimated for the period 1998-1999. Thus, in 
addition to promulgating the default toxics baseline that would apply 
beginning in 2006, today's action also corrects the RFG default toxics 
baseline applicable to the compliance years 2002, 2003, 2004, and 2005, 
by appropriately applying the compliance margin to the RFG average 
toxics reduction estimated in the 2001 final rule. The resulting 
default RFG baseline is 25.31% reduction.

D. Environmental and Economic Impact

    EPA included a discussion of the environmental and economic impacts 
of the MSAT rule in the March 2001 preamble to the rule. Today's action 
updating the default baseline values does not significantly change 
those environmental or economic analyses, though EPA expects that there 
may be minor impacts. Because the RFG default baseline value becomes 
slightly more stringent, there may be some cost to affected parties to 
comply with this revised value. With this slight increase in stringency 
will likely come a small increase in environmental benefits compared to 
the current standard. However, it is difficult to estimate the full 
impact (both economic and environmental) since most of those subject to 
the MSAT default RFG baseline do not import or produce RFG on a regular 
basis or do not produce significant quantities of RFG or may never 
produce RFG. Based on 2003 compliance reports, we estimate that about 
40% of the RFG suppliers (refiners and importers) are subject to the 
MSAT default baseline, and none of those are considered small refiners 
or importers. In addition, we estimate that these entities supplied 
less than 10 percent of the RFG volume.
    The change in the CG default baseline value may result in an 
increase in emissions compared to the current standard since the value 
becomes less stringent as a result of today's action. However, given 
the discrepancy in CG data quality between the data used in the 
baseline calculation in the 2001 MSAT rule and in this final action,\3\ 
it is difficult to fully determine the environmental impact of this 
change. In addition, most of those subject to the CG default baseline 
are importers or blenders who do not produce or import large quantities 
of CG and/or who produce or import on an irregular basis. The majority 
of the CG volume is subject to an individual MSAT standard. Thus, for 
the total pool of CG, the environmental effect of this change in the 
default baseline is likely to be small.
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    \3\ As mentioned in the proposal, during the baseline approval 
process, many errors were found in the submitted CG data. Thus, the 
default baseline values in the 2001 MSAT rule were based on a flawed 
data set, though the best available at the time. The CG default 
values contained in today's rule are based on corrected batch data 
as well as (correct) year 2000 data.
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E. Other Comments

    Several commenters addressed issues not part of this rulemaking and 
therefore beyond its scope. These comments are briefly discussed in a 
memo to the docket.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866, (58 FR 51,735 (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;

[[Page 58333]]

    (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.
    It has been determined that this rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq 
because the amendments in this rule do not change the information 
collection requirements of the underlying MSAT rule.
    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 in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    EPA has determined that it is not necessary to prepare a regulatory 
flexibility analysis in connection with this final rule.
    For purposes of assessing the impacts of today's rule on small 
entities, small entity is defined as: (1) A petroleum refining company 
with fewer than 1500 employees or a petroleum wholesaler or broker with 
fewer than 100 employees, based on the North American Industrial 
Classification System (NAICS); (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 action on small 
entities, EPA has concluded that this action will not have a 
significant economic impact on a substantial number of small entities. 
We have determined that approximately 25 refiners and importers meet 
the NAICS criteria described above and are subject to the MSAT default 
baseline for their reformulated gasoline. None of these entities 
produced or imported RFG during the MSAT baseline period or since then. 
Based on our knowledge of these refiners and importers, in fact, we 
would not expect any of them to produce or import RFG in the near 
future. Thus, we do not expect the revised RFG MSAT default value to 
adversely impact these small entities compared to the current RFG MSAT 
default value. In the event these refiners and importers choose to 
produce or import RFG, they will have had sufficient notice of the 
standard. Additionally, because the toxics determination is a function 
of many fuel parameters, as well as the volumes of the batches, the 
slight increase in stringency of the RFG MSAT default value should not 
pose a significant burden toward achieving compliance.
    Although this final rule will not have a significant economic 
impact on a substantial number of small entities, the impact of this 
rule would be reduced for small entities by various provisions in the 
MSAT rule. The MSAT rule contains deficit and credit carryforward 
provisions which provide compliance flexibility to regulated entities. 
Under these provisions, refiners and importers are allowed to carry a 
toxics deficit (indicating noncompliance with their MSAT standard) 
forward for one year, using credits generated in the prior or post 
years to make up the deficit. The underlying rule also includes a 
compliance margin to account for ordinary variations in fuel quality. 
Because RFG toxics performance is a function of many fuel parameters, 
as well as the volumes of the batches, the slight increase (about 6%) 
in the stringency of the RFG MSAT default value should not pose a 
significant burden toward achieving compliance. Beginning in 2006, the 
requirement that a refiner's or importer's average gasoline sulfur 
level not exceed 30 ppm should provide additional assistance to 
regulated entities in complying with the MSAT requirements, since 
sulfur reductions also decrease toxics emissions, as determined by the 
Complex Model.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L. 
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 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. EPA has determined that this rule 
does not contain a Federal mandate that may result in expenditures of 
$100 million or more for State, local, and tribal governments, in the 
aggregate, or the private sector in any one year. Today's action simply 
modifies the original rule in a limited manner, and would not 
significantly change the original rule. Thus, today's final rule is not 
subject to the requirements of sections 202 and 205 of the UMRA.

[[Page 58334]]

    EPA has determined that this rule contains no regulatory 
requirements that might significantly or uniquely affect small 
governments, because it applies only to parties which produce or import 
gasoline.

E. 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 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 rule amends existing 
regulatory provisions applicable only to producers and importers of 
gasoline and does not alter State authority to regulate these entities. 
The amendments will impose no direct costs on State or local 
governments. Thus, Executive Order 13132 does not apply to this rule.

F. 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, as specified in 
Executive Order 13175. 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. The rule amends existing regulatory provisions 
applicable only to producers and importers of gasoline and will impose 
no direct costs on tribal governments. Thus, Executive Order 13175 does 
not apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health & Safety Risks

    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 E.O. 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 final rule is not subject 
to Executive Order 13045 because it is not an economically significant 
regulatory action as defined in Executive Order 12866 and it is based 
on technology performance and not on health or safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    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.

I. National Technology Transfer and Advancement Act

    As noted in the proposed rule, Section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (``NTTAA''), Public Law 
No. 104-113, 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 action does not involve technical standards. Therefore, EPA 
did not consider the use of any voluntary consensus standards.

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(2). This final rule will be effective on November 7, 2005.

Statutory Provisions and Legal Authority

    The statutory authority for the fuels controls in today's final 
rule can be found in sections 202 and 211(c) of the Clean Air Act 
(CAA), as amended. Support for any procedural and enforcement-related 
aspects of the fuel controls in today's rule, including recordkeeping 
requirements, comes from sections 114(a) and 301(a) of the CAA.

List of Subjects in 40 CFR Part 80

    Administrative practice and procedure, Air pollution control, 
Confidential business information, Environmental protection, Gasoline, 
Labeling, Motor vehicle fuel, Motor vehicle pollution, Penalties, 
Reporting and recordkeeping requirements.

    Dated: September 30, 2005.
Stephen L. Johnson,
Administrator.

0
For the reasons set forth in the preamble, 40 CFR part 80 is amended as 
set forth below:

[[Page 58335]]

PART 80--REGULATION OF FUELS AND FUEL ADDITIVES

0
1. The authority citation for part 80 continues to read as follows:

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

0
2. Section 80.855 is amended by removing and reserving paragraph (b)(2) 
and revising paragraphs (b)(1)(i) and (b)(1)(ii) to read as follows:


Sec.  80.855  What is the compliance baseline for refineries or 
importers with insufficient data?

* * * * *
    (b)(1) * * *
    (i) For conventional gasoline, prior to January 1, 2006, 94.64 mg/
mile; starting January 1, 2006, 97.38 mg/mile.
    (ii) For reformulated gasoline, prior to January 1, 2006, 25.31 
percent reduction from statutory baseline; starting January 1, 2006, 
26.78 percent reduction from statutory baseline.
    (2) [Reserved]
* * * * *

[FR Doc. 05-20109 Filed 10-5-05; 8:45 am]
BILLING CODE 6560-50-P