[Federal Register Volume 71, Number 63 (Monday, April 3, 2006)]
[Rules and Regulations]
[Pages 16492-16500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3133]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-OAR-2005-0048; FRL-8052-1]
RIN 2060-AM42


Regulation of Fuel and Fuel Additives: Gasoline and Diesel Fuel 
Test Methods

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to allow refiners and laboratories to use more current and 
improved fuel testing procedures for five American Society for Testing 
and Materials (ASTM) analytical test methods. Once these test method 
changes are adopted, they will supersede the corresponding earlier 
versions of these test methods in EPA's motor vehicle fuel regulations. 
EPA is also taking direct final action to change the designated test 
method for sulfur in butane. EPA will take direct final action to 
replace an approved ASTM Committee D.16 sulfur test method with the 
ASTM Committee D.02 version of the test method for gasoline and diesel 
fuel, and allow an additional ASTM test method for sulfur in gasoline. 
EPA is also taking direct final action to remove a September 1, 2004 
sunset provision for two alternative ASTM test methods for gasoline. 
Finally, EPA is taking direct final action to add a new section to the 
motor vehicle fuels regulations. This new section would reference the 
rounding method in an ASTM standard practice as the procedure to follow 
for rounding a test result when determining compliance with EPA's motor 
vehicle fuels standards listed in the regulations. As explained further 
below in the preamble of this document, EPA views these changes as non-
controversial and we anticipate no adverse comment.

DATES: This direct final rule is effective June 2, 2006, unless EPA 
receives adverse comments or a request for public hearing by May 3, 
2006. If the Agency receives adverse comment or a request for public 
hearing, we will withdraw this direct final rule by publishing a timely 
withdrawal notice in the Federal Register. The incorporation by 
reference of certain publications in this rule is approved by the 
Director of the Office of the Federal Register as of June 2, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2005-0048, by one of the following methods:

[[Page 16493]]

     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Fax: (202) 566-1741.
     Mail: ``EPA-HQ-OAR-2005-0048, Environmental Protection 
Agency, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 
20460.''
     Hand Delivery: EPA/DC, EPA West, Room B102, 1301 
Constitution Ave., NW., Washington, DC. Such deliveries are only 
accepted during the Docket's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2005-0048. EPA's policy is that all comments will be included in the 
public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
instructions on submitting comments, go to Unit 1.B of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Air Docket, EPA/
DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. 
The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding holidays. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding holidays. 
The telephone number for the Public Reading Room is (202) 566-1744, and 
the telephone number for the telephone number for the Air Docket is 
(202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Joe Sopata, Chemist, Transportation 
and Regional Programs Division, Office of Transportation and Air 
Quality (6406J), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460; telephone number: (202) 343-9034; fax 
number: (202) 343-2801; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: EPA is publishing this rule without prior 
proposal because we view this as a noncontroversial amendment and 
anticipate no adverse comment. However, in the ``Proposed Rules'' 
section of today's Federal Register publication, we are publishing a 
separate document that will serve as the proposal if adverse comments 
are filed. This rule will be effective on June 2, 2006 without further 
notice unless we receive adverse comment by May 3, 2006. If EPA 
receives adverse comment, we will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect. We will address all public comments in a subsequent final rule 
based on the proposed rule. We will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time.
    The contents of today's preamble are listed in the following 
outline.

I. General Information
    A. Does This Action Apply to Me?
    B. What Should I Consider as I Prepare My Comments for EPA?
II. Rule Changes
    A. Updating ASTM Test Methods to Their Most Recent Version
    B. Replacing ASTM D 6428-99 with ASTM D 6920-03
    C. Test Method for Sulfur in Butane
    D. Additional Alternative Test Method for Sulfur in Gasoline
    E. Removal of Sunset Provision for Alternative Test Methods
    F. Using Rounding When Determining Conformance With a Fuels 
Standard
III. Administrative Requirements
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health & Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Congressional Review Act
VI. Statutory Provisions and Legal Authority

I. General Information

A. Does This Action Apply to Me?

    Regulated categories and entities potentially affected by this 
action include those involved with the production, importation, 
distribution, sale and storage of gasoline motor fuel and diesel motor 
fuel.
    The table below is not intended to be exhaustive, but rather 
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 be potentially regulated by this action. Other types of 
entities not listed in the table could also be regulated. To determine 
whether an entity is regulated by this action, one should carefully 
examine the existing regulations in 40 CFR part 80. If you have 
questions regarding the applicability of this action to a particular 
entity, consult the person listed in the preceding FOR FURTHER 
INFORMATION CONTACT section.

[[Page 16494]]



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                                                   NAICSs     SIC codes      Examples of potentially regulated
                   Category                      codes \a\       \b\                      parties
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Industry......................................       324110         2911  Petroleum refiners.
Industry......................................        54138         8734  Testing Laboratories.
Industry......................................       422710         5171  Gasoline Marketers and Distributors.
                                                     422720         5172  ......................................
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\a\ North American Industry Classification System (NAICS).
\b\ Standard Industrial Classification (SIC) system code.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
EDOCKET, regulations.gov or e-mail. Clearly mark the part of all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    i. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions--The agency may ask you to respond to 
specific questions or organize comments referencing a Code of Federal 
Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Rule Changes

A. Updating ASTM Test Methods to Their Most Recent Version

    Refiners, importers and oxygenate blenders producing gasoline and 
diesel motor vehicle fuel are required to test reformulated gasoline 
(RFG), conventional gasoline (CG) and diesel fuel for various fuel 
parameters including sulfur, olefins, aromatics, and oxygenate content. 
American Society for Testing and Materials (ASTM) test method D2622 is 
currently a designated test method for measuring sulfur \1\ in 
gasoline. ASTM test method D 3120 and ASTM D 5453 are currently 
alternative test methods for measuring sulfur \2\ \3\ in gasoline. ASTM 
test method D 1319 is currently a designated test method for measuring 
olefins \4\ in gasoline and aromatics \5\ in diesel fuel and is also 
allowed as an alternative test method for measuring aromatics \6\ in 
gasoline. ASTM test method D 4815 is currently an alternative test 
method for measuring oxygenate content \7\ in gasoline.
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    \1\ 40 CFR 80.46(a)(1).
    \2\ 40 CFR 80.46(a)(3)(iii).
    \3\ 40 CFR 80.46(a)(3)(i).
    \4\ 40 CFR 80.46(b).
    \5\ 40 CFR 80.2(z).
    \6\ 40 CFR 80.46(f)(3).
    \7\ 40 CFR 80.46(g)(2).
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    The American Petroleum Institute (API) recommended in a letter to 
EPA that EPA update the ASTM test methods mentioned above to their most 
recent ASTM version.\8\ API asked EPA to refer to the 2003 year version 
of ASTM test method D 2622 in all references involving gasoline and 
diesel fuels because this version of ASTM D 2622 includes an updated 
precision statement as determined in a recent ASTM sulfur round robin. 
API also recommended EPA adopt in the motor vehicle fuels regulations 
the 2003a version of ASTM 3120, the 2003a version of ASTM D 5453, the 
2003 version of ASTM D1319, and the 2003 year version of ASTM D 4815.
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    \8\ See Air Docket  EPA-HQ-OAR-2005-0048-0002.
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    Table 1 lists the designated analytical test methods and 
alternative analytical test methods which are being updated for 
parameters measured under RFG, CG, and diesel fuels program in today's 
action. The Agency has reviewed these updated ASTM test methods and we 
are in agreement with the revisions contained in them which will result 
in improvements in the utilization of these test methods for the 
regulated industry. We believe that the revisions in the test method 
changes in today's action 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. Thus, EPA is taking action 
today to update the regulations for the following ASTM test methods: 
(1) ASTM D 2622-03, the designated test method for measuring sulfur in 
RFG, and CG, (2) ASTM D 3120-03a and ASTM D 5453-03a alternative test 
methods for sulfur in gasoline, (3) ASTM D 1319-03, designated test 
method for measuring olefins in gasoline and aromatics in diesel fuel, 
as well as the alternative test method for measuring aromatics in 
gasoline, and (4) ASTM 4815-03, alternative test method for measuring 
oxygenate content in gasoline.

 Table 1.--Designated and Alternative ASTM Analytical Test Methods Under
             RFG, CG and Diesel Motor Vehicle Fuel Programs
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             Fuel parameter                ASTM analytical test method
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Sulfur (gasoline)......................  ASTM D 2622-03, entitled
                                          ``Standard Test Method for
                                          Sulfur in Petroleum Products
                                          by Wavelength Dispersive X-Ray
                                          Fluorescence Spectrometry''.

[[Page 16495]]

 
Sulfur (gasoline)......................  ASTM D 5453-03a, entitled,
                                          ``Standard Test Method for
                                          Determination of Total Sulfur
                                          in Light Hydrocarbons, Motor
                                          Fuels and Oils by Ultraviolet
                                          Fluorescence''.
Sulfur (gasoline)......................  ASTM D 3120-03a, entitled,
                                          ``Standard Test Method for
                                          Trace Quantities of Sulfur in
                                          Light Petroleum Hydrocarbons
                                          by Oxidative
                                          Microcoulometry''.
Oxygen content (gasoline)..............  ASTM D 4815-03, entitled
                                          ``Standard Test Method for
                                          Determination of MTBE, ETBE,
                                          TAME, DIPE, tertiary-Amyl
                                          Alcohol and C1 to C4 Alcohols
                                          in Gasoline by Gas
                                          Chromatography''.
Olefins (gasoline).....................  ASTM D 1319-03, entitled
                                          ``Standard Test Method for
                                          Hydrocarbon Types in Liquid
                                          Petroleum Products by
                                          Fluorescent Indicator
                                          Adsorption''.
Aromatics (gasoline and diesel)........  ASTM D 1319-03, entitled,
                                          ``Standard Test Method for
                                          Hydrocarbon Types in Liquid
                                          Petroleum Products by
                                          Fluorescent Indicator
                                          Absorption'', for diesel fuel,
                                          this method is the designated
                                          test method, for gasoline,
                                          this method is an alternative
                                          test method and if used as an
                                          alternative method, its
                                          results, must be correlated to
                                          ASTM D 5769-98.
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B. Replacing ASTM D 6428-99 With ASTM D 6920-03

    Refiners, importers and oxygenate blenders producing gasoline and 
diesel motor vehicle fuels are required to test RFG, CG, and diesel 
fuel for various fuel parameters including sulfur content. ASTM test 
method D 6428-99 is currently the designated test method for measuring 
the sulfur content of on-highway diesel fuel at the 15 ppm level \9\, 
an alternative test method for measuring the sulfur content on-highway 
diesel fuel at the 500 ppm level \10\, and an alternative test method 
for measuring the sulfur content of gasoline.\11\
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    \9\ 40 CFR 80.580(a)(2).
    \10\ 40 CFR 80.580(a)(3)(ii).
    \11\ 40 CFR 80.46(a)(3)(ii).
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    ASTM D 6428-99 was developed by the ASTM D.16 Committee for 
Aromatic Hydrocarbons and Related Chemicals. ASTM D 6428-99 does not 
contain a precision statement in the test method for its use with 
gasoline and diesel fuel. ASTM D.02, the Committee for Petroleum 
Products and Lubricants, recently determined the precision for this 
method with respect to gasoline and diesel fuels, and named the new 
method containing the precision statement ASTM D 6920-03. Since ASTM D 
6920-03 contains precision statements for the method as it applies to 
gasoline and diesel, API requested that EPA refer to ASTM D 6920-03 in 
all references with respect to gasoline and diesel fuel involving test 
method ASTM D 6428-99.\12\ The Agency has evaluated API's request and 
agrees that since ASTM D 6920-03 contains precision estimates for use 
of the method with gasoline and diesel fuels, ASTM D 6920-03 is more 
practical for use with our gasoline and diesel fuels programs compared 
to ASTM D 6428-99. Thus, EPA is changing the regulations by replacing 
ASTM D 6428-99 with ASTM D 6920-03 for the alternative test method for 
measuring the sulfur content of diesel fuel at the 500 ppm level, and 
the alternative test method for measuring the sulfur content of 
gasoline.
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    \12\ See Air Docket EPA-HQ-OAR-2005-0048-0002.
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    The regulations state that until December 27, 2004, for 15 ppm 
diesel fuel, regulated parties may use ASTM D 6428-99, the designated 
test method, or ASTM D 5453-03a or ASTM D 3120-03a, two alternative 
test methods, provided the alternative test method results are 
correlated to the designated test method. After December 27, 2004, 
regulated parties measuring motor vehicle diesel fuel and fuel 
additives subject to the 15 ppm diesel sulfur standard must qualify 
their test method on a site specific basis under the precision and 
accuracy criteria specified in the regulations at 40 CFR 80.584. Once 
they have completed this testing, they must submit their precision and 
accuracy results to the Agency for approval to use their test method as 
specified in the regulations at 40 CFR 80.585. Thus, after December 27, 
2004, regulated parties may only use test methods that have been 
qualified on a site specific basis that meet the accuracy and precision 
criteria specified in the regulations at 40 CFR 80.584 and that have 
been approved under the process specified in the regulations at 40 CFR 
80.585. The December 27, 2004, date, provided regulated parties 180 
days of lead time to qualify their test methods for use at each site 
for measuring 15 ppm sulfur diesel fuel. Since today's rule will be 
effective after December 27, 2004, the Agency is revising the 
regulations by removing the now irrelevant designated and alternative 
test method paragraphs that allow the use of ASTM D 6428-99, ASTM D 
5453-03a, and ASTM D 3120-03a for 15 ppm sulfur diesel fuel (i.e., 40 
CFR 80.580(b)(1) and 40 CFR 80.580(c)(1)). The regulations will then 
only reflect the present situation in the regulations that all test 
methods must qualify under the precision and accuracy criteria in the 
regulations.

C. Test Method for Sulfur in Butane

    Certain parties blend butane into gasoline which has already been 
manufactured and certified under EPA regulations. Effective January 1, 
2004, the parties that blend butane into already made gasoline were 
required to test the butane for sulfur content.\13\ Currently, ASTM D 
3246-96 is the designated test method for measuring the sulfur content 
of butane.
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    \13\ 40 CFR 80.46(a)(2).
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    Recently, API said in a letter to EPA that ASTM D 6667 is more 
readily available, more reliable, and a better test method than ASTM D 
3246.\14\ Thus, API requested EPA to change the designated test method 
for measuring sulfur in butane to ASTM D 6667-01, and to continue to 
allow ASTM D 3246-96 as an alternative test method. EPA has evaluated 
API's request on this test method issue and agrees. Thus, EPA is taking 
action to change the regulations making ASTM D 6667-01 the designated 
test method for measuring

[[Page 16496]]

the sulfur content of butane. Additionally, ASTM test method D 3246-96 
will continue to be allowed as an alternative test method, provided its 
test results are correlated to ASTM D 6667-01, the designated test 
method for sulfur in butane.
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    \14\ See Air Docket EPA-HQ-OAR-2005-0048-0002.
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    In the future, EPA intends to establish a performance-based test 
method approach (PBTM) rule which would provide criteria for the 
qualification of alternative test methods. Once a PBTM rule has been 
established by the Agency, ASTM D 3246-96 may qualify under the PBTM 
rule's criteria as an alternative test method.

D. Additional Alternative Test Method for Sulfur in Gasoline

    Refiners, importers and oxygenate blenders producing gasoline and 
diesel motor vehicle fuel are required to test RFG, CG and diesel fuel 
for various fuel parameters including sulfur. Test methods for 
determining sulfur content are specified in the regulation.
    Recently, X-Ray Optical Systems, Incorporated (XOS[supreg]) 
requested in a letter to EPA that ASTM D 7039-04 be designated by EPA 
as an alternative test method in the regulations for sulfur in 
gasoline.\15\ EPA has evaluated XOS[supreg]'s request on this test 
method issue and agrees. Thus, EPA is taking action to allow ASTM D 
7039-04 as an alternative test method in the regulations for sulfur in 
gasoline, provided that its results are correlated to ASTM D 2622. The 
allowance of this additional alternative test method for sulfur in 
gasoline will provide the regulated community additional flexibility in 
meeting their testing requirements.
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    \15\ See Air Docket EPA-HQ-OAR-2005-0048-0003.
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    As stated above, EPA plans to establish a PBTM rule for the 
qualification of alternative test methods. Once this PBTM rule is 
effective, ASTM D 7039 may qualify as an alternative test method under 
the PBTM rule's criteria.

E. Removal of Sunset Provision for Alternative Test Methods

    As explained previously, ASTM D 1319 is an alternative test method 
for measuring total aromatics in gasoline, and ASTM D 4815 is an 
alternative test method for measuring oxygenates in gasoline. Both of 
these alternative methods have sunset provisions under which their use 
as an alternative test method expired on September 1, 2004. On June 16, 
2004, EPA issued an enforcement discretion letter allowing the use of 
these two alternative test methods until December 31, 2005, or until 
such time that a rulemaking was promulgated by the Agency to continue 
to allow the use of these two alternative test methods, whichever is 
earlier.\16\
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    \16\ See Air Docket EPA-HQ-OAR-2005-0048-0004.
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    Recently, API requested in a letter that the sunset provisions for 
these two alternative test methods be removed until a PBTM approach for 
qualifying analytical test methods is promulgated by EPA.\17\ Since EPA 
believes the use of these two alternative test methods has been 
effective, we are continuing to allow their use until the PBTM rule 
mentioned previously is promulgated by the Agency. Once a PBTM rule has 
been established, these two alternative test methods may qualify under 
the PBTM rule's criteria. The rule change that is the subject of this 
notice would remove the current sunset provision of September 1, 2004, 
for both ASTM D 1319 and ASTM D 4815 and allow their use as alternative 
test methods until a PBTM rule is established by the Agency.
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    \17\ See Air Docket EPA-HQ-OAR-2005-0048-0005.
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F. Using Rounding When Determining Conformance With a Fuels Standard

    Refiners, importers and oxygenate blenders producing gasoline and 
diesel motor vehicle fuel are required to test RFG, CG and diesel fuel 
for various fuel parameters to determine compliance with EPA's motor 
vehicle fuels standards. These fuels standards are listed in the 
regulations at 40 CFR part 80.
    Each of EPA's motor vehicle fuel standards indicates the number of 
significant digits which should be present in an observed measurement 
number to be compared to the standard for the purpose of demonstrating 
compliance. The appropriate number of significant digits to determine 
compliance with a fuel standard regulation or to report on a reporting 
form should be determined from the method outlined in section 3.1 of 
the ASTM standard practice E 29-02[isin]1, entitled, 
``Standard Practice for Using Significant Digits in Test Data to 
Determine Conformance with Specifications''. Regulated parties 
measuring a fuel parameter to determine compliance with a fuel standard 
must report their test result out to the number of significant digits 
specified in the applicable fuel standard. However, a test method used 
to measure a certain fuel parameter may provide more significant digits 
in its output than specified in the standard. When this situation 
occurs, the regulated party should round their test result to determine 
if they are in compliance with the standard. The American Society for 
Testing and Materials (ASTM) has developed the standard practice, ASTM 
E 29-02[isin]1, for this situation. The rounding method \18\ 
in this standard practice provides a procedure for rounding a test 
result to the number of significant digits specified in some standard. 
After using the rounding method specified in ASTM E 29-
02[isin]1, the regulated party may compare the resulting 
number to the standard to determine whether they are in compliance.
    The Agency has reviewed the rounding method referenced in the 
standard practice ASTM E 29-02[isin]1, and we are in 
agreement with its use for this purpose. The Agency believes 
referencing the ``rounding'' method (as contrasted with the 
``absolute'' method) in this ASTM standard practice in EPA's 
regulations will help to avoid confusion in the fuels distribution 
system. Therefore, EPA is adding a new section to the motor vehicle 
fuels regulations at 40 CFR 80.9. This new section would reference the 
rounding method in ASTM E 29-02[isin]1. The rounding method 
is the procedure to follow for rounding a test result when determining 
compliance with EPA's motor vehicle fuels standards listed at 40 CFR 
part 80.
    In the ``Proposed Rules'' section of today's Federal Register, we 
are publishing a proposed rule that matches the substance of this 
direct final rule. If the Agency receives adverse comment or a request 
for public hearing by May 3, 2006, we will withdraw the direct final 
rule by publishing a timely withdrawal notice in the Federal Register. 
If the Agency receives no adverse comment or a request for public 
hearing by May 3, 2006, these test method changes will be effective 
sixty (60) days after publication of this direct 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 changes for the applications mentioned above.
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    \18\ The Rounding Method in ASTM E 29-02[isin]1 
applies where it is the intent that a limited number of digits in an 
observed value or calculated value are to be considered significant 
for purposes of determining conformance to the number of figures 
listed in a fuels standard. The rounded value should be compared to 
the specified limit in the fuels standard, and conformance or non-
conformance with the specification in the fuels standard be based on 
this comparison.

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[[Page 16497]]

III. Administrative Requirements

A. Executive Order 12866: Regulatory Planning and Review

    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.''
    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 any new information collection burden. 
However, the Office of Management and Budget (OMB), under the 
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., has 
approved the information collection requirements contained in the final 
RFG and anti-dumping rulemaking and gasoline sulfur control rulemaking, 
and has assigned OMB control number 2060-0277, EPA ICR number 1591.14. 
OMB, under the provisions of the Paperwork Reduction Act, 44 U.S.C. 
3501 et seq., has also approved the information collection requirements 
contained in the final Tax Exempt (Dyed) Highway Diesel Fuel 
rulemaking, and has assigned OMB control number 2060-0308, EPA ICR 
number 1718.03. Copies of the OMB approved Information Collection 
Requests (ICR) may be obtained from Susan Auby, Collection Strategies 
Division; U.S. Environmental Protection Agency (2822T); 1200 
Pennsylvania Ave., NW., Washington, DC 20460 or by calling (202) 566-
1672.
    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.

C. Regulatory Flexibility Act (RFA)

    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. 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 direct final rule 
on small entities, small entity is defined as: (1) A small business as 
defined by the Small Business Administrations' regulations at 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 direct final rule 
on small entities, EPA has concluded that this action would not have a 
significant economic impact on a substantial number of small entities. 
In determining whether a rule has a significant economic impact on a 
substantial number of small entities, the impact of concern is any 
significant adverse economic impact on small entities, since the 
primary purpose of the regulatory flexibility analyses is to identify 
and address regulatory alternatives ``which minimize any significant 
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604. 
Thus, an agency may conclude that a rule will not have a significant 
economic impact on a substantial number of small entities if the rule 
relieves regulatory burden, or otherwise has a positive economic effect 
on all of the small entities subject to the rule.
    All of the test method updates in today's action will improve the 
performance and/or utilization by industry of the test methods. For the 
two alternative test methods, ASTM D 1319 and ASTM D 4815, today's 
action will continue to provide flexibility to the regulated community. 
The allowance of ASTM D 7039-04 will provide additional flexibility to 
the regulated community in meeting sulfur in gasoline testing 
requirements. Referencing the rounding method in ASTM E 29-
02[isin]1 provides consistent guidance for the regulated 
community when determining whether a test result is in conformance with 
our motor vehicle fuels standards. Finally, for the measurement of 
sulfur in butane, today's action will provide industry with a more 
reliable, more readily available and better test method. We have 
therefore concluded that today's rule will relieve regulatory burden 
for all small entities.

D. 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

[[Page 16498]]

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 direct 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 rule would impose no 
enforceable duty on any State, local or tribal governments or the 
private sector.

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 direct final rule does not have federalism implications. It 
would 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. All of the test 
method updates in today's action will improve the performance and/or 
utilization by industry of the test methods. For the two alternative 
test methods, ASTM D 1319 and ASTM D 4815, today's action will continue 
to provide flexibility to the regulated community. The allowance of 
ASTM D 7039-04 will provide additional flexibility to the regulated 
community in meeting sulfur in gasoline testing requirements. 
Referencing the rounding method in ASTM E 29-02[isin]1 
provides consistent guidance for the regulated community when 
determining whether a test result is in conformance with our motor 
vehicle fuels standards. Finally, for the measurement of sulfur in 
butane, today's action will provide industry with a more reliable, more 
readily available and better test method. Thus, Executive Order 13132 
does not apply to this direct final 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'' are 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 direct 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 direct final rule applies to gasoline refiners, blenders and 
importers that supply gasoline or diesel fuel. All of the test method 
updates in today's action will improve the performance and/or 
utilization by industry of the test methods. For the two alternative 
test methods, ASTM D 1319 and ASTM D 4815, today's action will continue 
to provide flexibility to the regulated community. The allowance of 
ASTM D 7039-04 will provide additional flexibility to the regulated 
community in meeting sulfur in gasoline testing requirements. 
Referencing the rounding method in ASTM E 29-02[isin]\1\ provides 
consistent guidance for the regulated community when determining 
whether a test result is in conformance with our motor vehicle fuels 
standards. Finally, for the measurement of sulfur in butane, today's 
action will provide industry with a more reliable, more readily 
available and better test method. Thus, Executive Order 13175 does not 
apply to this direct final rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health and 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 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 that may 
disproportionately affect children.

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

    This direct final 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 Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C. 
272 note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless 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 
rulemaking involves technical standards. EPA has decided to use ASTM 
standards as described in Units II.A, II.B, II.C, II.D and II.F of the 
SUPPLEMENTARY INFORMATION section of this document. All technical 
standards included in today's rule are standards

[[Page 16499]]

developed by ASTM, a voluntary consensus standards body, and thus 
raises no issues under the NTTAA.

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 direct final rule comes from 
sections 211(c), 211(i) and 211(k) of the CAA (42.U.S.C. 7545(c) and 
(k)). Section 211(c) and 211(i) 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 CG and requires EPA to promulgate regulations 
establishing these requirements. Additional support for 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, Air pollution control, Fuel additives, 
Gasoline, Diesel, Imports, Incorporation by reference, Motor vehicle 
pollution, Reporting and recordkeeping requirements.

    Dated: March 24, 2006.
Stephen L. Johnson,
Administrator.

0
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

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

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

Subpart A--[Amended]

0
2. Section 80.2 is amended by revising paragraph (z) to read as 
follows:


Sec.  80.2  Definitions.

* * * * *
    (z) Aromatic content is the aromatic hydrocarbon content in volume 
percent as determined by ASTM standard test method D 1319-03, entitled, 
``Standard Test Method for Hydrocarbon Types in Liquid Petroleum 
Products by Fluorescent Indicator Adsorption''. ASTM test method D 
1319-03 is incorporated by reference. This incorporation by reference 
was approved by the Director of the Federal Register in accordance 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, 
EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, 
DC, or at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * *

0
3. Section 80.9 is added to Subpart A to read as follows:


Sec.  80.9  Rounding a test result for determining conformance with a 
fuels standard.

    (a) For purposes of determining compliance with the fuel standards 
of 40 CFR part 80, a test result will be rounded to the nearest unit of 
significant digits specified in the applicable fuel standard in 
accordance with the rounding method described in the ASTM standard 
practice, ASTM E 29-02[isin]1, entitled, ``Standard Practice 
for Using Significant Digits in Test Data to Determine Conformance with 
Specifications''.
    (b) ASTM standard practice, E 29-02[isin]1 is 
incorporated by reference. This incorporation by reference was approved 
by the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. A copy 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, 
EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, 
DC, or at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * *

Subpart D--[Amended]

0
4. Section 80.46 is amended as follows:
0
a. By revising paragraphs (a)(1), (a)(2), (a)(3)(i) through (a)(3)(iii) 
and (a)(4).
0
b. By adding paragraph (a)(3)(iv).
0
c. Revising paragraph (b).
0
d. Revising paragraph (f)(3)(i).
0
e. Revising paragraph (g)(2)(i).
0
f. Revising paragraph (h).


Sec.  80.46  Measurement of reformulated gasoline fuel parameters.

    (a) * * *
    (1) The sulfur content of gasoline must be determined by use of 
American Society for Testing and Materials (ASTM) standard method D 
2622-03, entitled ``Standard Test Method for Sulfur in Petroleum 
Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry'' or 
by one of the alternative method specified in paragraph (a)(3) of this 
section.
    (2) Beginning January 1, 2004, the sulfur content of butane must be 
determined by the use of ASTM standard test method D 6667-01, entitled, 
``Standard Test Method for Determination of Total Volatile Sulfur in 
Gaseous Hydrocarbons and Liquefied Petroleum Gases by Ultraviolet 
Fluorescence'' or by the alternative method specified in paragraph 
(a)(4) of this section.
    (3) * * *
    (i) ASTM standard method D 5453-03a, entitled, ``Standard Test 
Method for Determination of Total Sulfur in Light Hyrdocarbons, Motor 
Fuels and Motor Oils by Ultraviolet Fluorescence,'' or
    (ii) ASTM standard method D 6920-03, entitled, ``Standard Test 
Method for Total Sulfur in Naphthas, Distillates, Reformulated 
Gasolines, Diesels, Biodiesels, and Motor Fuels by Oxidative Combustion 
and Electrochemical Detection,'' or
    (iii) ASTM standard method D 3120-03a, entitled, ``Standard Test 
Method for Trace Quantities of Sulfur in Light Liquid Petroleum 
Hydrocarbons by Oxidative Microcoulometry.''
    (iv) ASTM standard method D 7039-04, entitled, ``Standard Test 
Method for Sulfur in Gasoline and Diesel Fuel by Monochromatic 
Wavelength Dispersive X-ray Fluorescence Spectrometry.''
    (4) Beginning January 1, 2004, any refiner or importer may 
determine the sulfur content of butane using any of the following 
methods; provided the refiner

[[Page 16500]]

or importer test result is correlated with the method specified in 
paragraph (a)(2) of this section:
    (i) ASTM standard method D 4468-85 (Reapproved 2000), ``Standard 
Test Method for Total Sulfur in Gaseous Fuels by Hydrogenolysis and 
Rateometric Colorimetry,'' or
    (ii) ASTM standard method D 3246-96, entitled, ``Standard Test 
Method for Sulfur in Petroleum Gas by Oxidative Microcoulemetry.''
    (b) Olefins. Olefin content shall be determined using ASTM standard 
method D 1319B03, entitled ``Standard Test Method for Hydrocarbon Types 
in Liquid Petroleum Products by Fluorescent Indicator Adsorption.''
* * * * *
    (f) * * *
    (3)(i) Any refiner or importer may determine aromatics content 
using ASTM standard method D 1319-03, 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
* * * * *
    (g) * * *
    (2)(i) When 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 oxygen content using ASTM standard method D 4815-03 
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
* * * * *
    (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 1319-03, entitled ``Standard Test Method for 
Hydrocarbon Types in Liquid Petroleum Products by Fluorescent Indicator 
Adsorption;'' D 4815-03, 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 2622-03, entitled ``Standard Test Method for Sulfur 
in Petroleum Products by Wavelength Dispersive X-Ray Fluorescence 
Spectrometry;'' D 3246-96, entitled ``Standard Test Method for Sulfur 
in Petroleum Gas by Oxidative Microcoulometry;'' 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;'' D 5453-
03a, entitled, ``Standard Test Method for Determination of Total Sulfur 
in Light Hydrocarbons, Motor Fuels and Oils by Ultraviolet 
Fluorescence,'' D 6920-03, entitled, ``Standard Test Method for Total 
Sulfur in Naphthas, Distillates, Reformulated Gasolines, Diesels, 
Biodiesels, and Motor Fuels by Oxidative Combustion and Electrochemical 
Detection,'' D 3120-03a, entitled, ``Standard Test Method for Trace 
Quantities of Sulfur in Light Petroleum Hydrocarbons by Oxidative 
Microcoulometry,'' D 7039-04, entitled, ``Standard Test Method for 
Sulfur in Gasoline and Diesel Fuel by Monochromatic Wavelength 
Dispersive X-ray Fluorescence Spectrometry,'' D 6667-01, entitled, 
``Standard Test Method for Determination of Total Volatile Sulfur in 
Gaseous Hydrocarbons and Liquefied Petroleum Gases by Ultraviolet 
Fluorescence,'' and D 4468-85 (Reapproved 2000), ``Standard Test Method 
for Total Sulfur in Gaseous Fuels by Hydrogenolysis and Rateometric 
Colorimetry'' 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, EPA/DC, EPA West, Room B102, 
1301 Constitution Ave., NW., Washington, DC, or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030 or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html html.

Subpart I--[Amended]

0
5. Section 80.580 is amended as follows:
0
a. By removing and reserving paragraphs (b)(1) and (c)(1).
0
b. By revising paragraph (c)(2)(i).
0
c. By revising paragraph (e)(1)(v).


Sec.  80.580  What are the sampling and testing methods for sulfur?

* * * * *
    (b) Test method for sulfur. (1) [Reserved]
* * * * *
    (c) Alternative test methods for sulfur. (1) [Reserved]
    (2) Options for testing sulfur content of 500 ppm diesel fuel. (i) 
For motor vehicle diesel fuel and diesel fuel additives subject to the 
500 ppm sulfur standard of Sec.  80.520(c), and for NRLM diesel fuel 
subject to the 500 ppm sulfur standard of Sec.  80.510(a), sulfur 
content may be determined using ASTM D 4294-03, ASTM D 5453-03a, or 
ASTM D 6920-03, provided that the refiner or importer test result is 
correlated with the appropriate method specified in paragraph (b)(2) of 
this section; or
* * * * *
    (e) * * *
    (1) * * *
    (v) D 6920-03, Standard Test Method for Total Sulfur in Naphthas, 
Distillates, Reformulated Gasolines, Diesels, Biodiesels, and Motor 
Fuels by Oxidative Combustion and Electrochemical Detection.
* * * * *
[FR Doc. 06-3133 Filed 3-31-06; 8:45 am]
BILLING CODE 6560-50-P