[Federal Register Volume 73, Number 81 (Friday, April 25, 2008)]
[Proposed Rules]
[Pages 22318-22320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8945]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 79

[EPA-HQ-OAR-2007-0071; FRL-8557-7]
RIN 2060-AN94


Regulation of Fuels and Fuel Additives: Revised Definition of 
Substantially Similar Rule for Alaska

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed interpretive rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to revise an interpretive rule defining the 
term ``substantially similar'' for unleaded gasoline as that phrase is 
used in section 211(f) of the Clean Air Act (the Act). To meet the 
current definition, fuel or fuel additives must possess, at the time of 
manufacture, all of the physical and chemical characteristics of an 
unleaded gasoline as specified in ASTM Standard D 4814-88 for at least 
one of the Seasonal and Geographical Volatility Classes specified in 
the standard. EPA proposes to amend the definition to allow some 
additional flexibility for the vapor/liquid ratio specification for 
fuel introduced into commerce in the state of Alaska. In the ``Rules 
and Regulations'' section of this Federal Register, we are amending the 
``substantially similar'' definition as a direct final rule without a 
prior proposed rule. If we receive no adverse comment, we will not take 
further action on this proposed rule.

DATES: Comments must be received by May 27, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2007-0071, by mail to Air and Radiation Docket, Environmental 
Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460. Comments may also be submitted electronically or 
through hand delivery/courier by following the detailed instructions in 
the ADDRESSES section of the direct final rule located in the rules 
section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Jaimee Dong, Compliance and Innovative 
Strategies Division, Office of Transportation and Air Quality, Office 
of Air and Radiation, Environmental Protection Agency, Mail Code 6406J, 
1200 Pennsylvania Avenue, Washington, DC 20460; telephone number: (202) 
343-9672; fax number: (202) 343-2800; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Why Is EPA Issuing This Proposed Rule?

    This document proposes to revise the ``substantially similar'' 
interpretive rule. EPA is not statutorily obligated to conduct notice 
and comment rulemaking when amending this interpretive rule. See APA 
section 553(b)(A); CAA section 307(d). However, as it has done when 
previously amending this rule, EPA desires to provide an opportunity 
for the public to comment on this amendment. We have published a direct 
final rule amending the ``substantially similar'' interpretive rule in 
the ``Rules and Regulations'' section of this Federal Register because 
we view this as a noncontroversial action and anticipate no adverse 
comment. We have explained our reasons for this action in the preamble 
to the direct final rule.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. If we receive adverse comment, we will withdraw 
the direct final rule and it will not take effect. We would address all 
public comments in any subsequent final rule based on this proposed 
rule.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information, please see the information provided in the 
ADDRESSES section of this document.

II. General Information

A. Does This Action Apply to Me?

    Entities potentially affected by this action include those involved 
with the production or importation of unleaded gasoline for use in 
Alaska. Categories and entities affected by this action include:

[[Page 22319]]



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

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action; however, other types of entities not listed in the table could 
also be affected. To determine whether your entity is affected by this 
action, you should examine the applicability criteria of Parts 79 and 
80 of title 40 of the Code of Federal Regulations. If you have any 
question regarding applicability of this action to a particular entity, 
consult the person in the preceding FOR FURTHER INFORMATION CONTACT 
section.

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

    1. Submitting CBI. Do not submit this information to EPA through 
www.regulations.gov or e-mail. Clearly mark the part or 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:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree, suggest alternatives, 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.
    3. Docket Copying Costs. You may be charged a reasonable fee for 
photocopying docket materials, as provided by 40 CFR Part 2.

III. Statutory Background

    Section 211(f)(1) of the Act makes it unlawful for any manufacturer 
of a fuel or fuel additive to first introduce into commerce, or to 
increase the concentration in use of, any fuel or fuel additive for use 
in motor vehicles manufactured after model year 1974 which is not 
substantially similar to any fuel or fuel additive utilized in the 
certification of any model year 1975, or subsequent model year, vehicle 
or engine under section 206 of the Act. An EPA interpretive rule, 
published at 46 FR 38582 (July 28, 1981) and amended at 56 FR 5352 
(February 11, 1991), defines the term ``substantially similar'' for 
unleaded gasoline. Under this definition, unleaded gasoline that meets 
several conditions, including complying with the physical and chemical 
specifications of ASTM Standard D 4814-88 for at least one of the 
Seasonal and Geographical Volatility classes specified in the standard, 
is considered substantially similar. Further conditions are described 
in the interpretive rule and its amendment.

IV. Need for Action

    Discussions with an Alaskan refiner have highlighted the need for 
an amendment to the definition of ``substantially similar'' for 
unleaded gasoline. Currently, manufacturers of gasoline for Alaska may 
not use a temperature below 41 degrees Celsius when testing the vapor-
liquid (V/L) ratio of the fuel and still be within the current 
definition of ``substantially similar.'' This amendment would allow 
manufacturers producing unleaded gasoline for use only in Alaska during 
the winter months to use a minimum test temperature of 35 degrees 
Celsius when testing for a maximum V/L ratio of 20 instead of requiring 
a V/L test temperature of 41 degrees Celsius.
    ASTM D 2533 is a test method that covers a procedure for measuring 
the volume of vapor formed at atmospheric pressure from a given volume 
of gasoline. The ratio of these volumes is expressed as the V/L ratio 
of the gasoline at the temperature of the test. The tendency of a fuel 
to vaporize in common automobile fuel systems is indicated by the V/L 
ratio of that fuel at conditions approximating those in critical parts 
of the fuel system. Allowing a lower test temperature means that the 
vapor fraction of the fuel may be higher.
    The extreme cold of Alaska during the winter months increases the 
risk that engines using typical gasoline blends will suffer from 
difficulty in cold starting. A higher vapor fraction improves mixing of 
the fuel with air, which in turn improves cold starting. Because the 
automotive fuel system is closed, the lower test temperature of 35 
degrees Celsius compared to 41 degrees Celsius in the winter months is 
unlikely to significantly increase evaporative emissions. In addition, 
Alaska presently does not possess ozone non-attainment areas, most 
likely due to the cold temperatures observed in Alaska. Therefore, in 
the Agency's judgment, the impact on emissions would not be significant 
and this increased flexibility will allow refiners to provide a fuel 
more suitable to the climatic conditions of Alaska.
    EPA invites comment from all interested parties on this proposed 
interpretive rule revision.

V. Statutory and Executive Order Reviews

    See Section V in the direct final rule amending the ``substantially 
similar'' interpretive rule in the ``Rules and Regulations'' section of 
this Federal Register for a discussion of the applicable statutes and 
executive orders.


[[Page 22320]]


    Dated: April 17, 2008.
Stephen L. Johnson,
Administrator.

    For the reasons set forth above, EPA proposes to amend the 
definition of substantially similar as follows:

Definition--Substantially Similar

    EPA will treat a fuel or fuel additive for general use in light-
duty vehicles manufactured after model year 1974 as substantially 
similar to any fuel or fuel additive utilized in the certification of 
any model year 1975, or subsequent model year vehicle or engine, under 
section 206 of the Act, i.e., ``substantially similar,'' if the 
following criteria are met.
    (1) The fuel must contain carbon, hydrogen, and oxygen, nitrogen, 
and/or sulfur, exclusively,\1\ in the form of some combination of the 
following:
---------------------------------------------------------------------------

    \1\ Impurities which produce gaseous combustion products (i.e., 
products which exist as a gas at Standard Temperature and Pressure) 
may be present in the fuel at trace levels. An impurity is that 
substance which is present through contamination, or remains 
naturally, after processing of the fuel is completed.
---------------------------------------------------------------------------

    (a) Hydrocarbons;
    (b) Aliphatic ethers;
    (c) Aliphatic alcohols other than methanol;
    (d) (i) Up to 0.3 percent methanol by volume;
    (ii) Up to 2.75 percent methanol by volume with an equal volume of 
butanol, or higher molecular weight alcohol;
    (e) A fuel additive \2\ at a concentration of no more than 0.25 
percent by weight which contributes no more than 15 ppm sulfur by 
weight to the fuel.
---------------------------------------------------------------------------

    \2\ For the purposes of this interpretive rule, the term ``fuel 
additive'' refers only to that part of the additive package which is 
not hydrocarbon.
---------------------------------------------------------------------------

    (2) The fuel must contain no more than 2.0 percent oxygen by 
weight, except fuels containing aliphatic ethers and/or alcohols 
(excluding methanol) must contain no more than 2.7 percent oxygen by 
weight.
    (3) The fuel must possess, at the time of manufacture, all of the 
physical and chemical characteristics of an unleaded gasoline as 
specified in ASTM Standard D 4814-88 for at least one of the Seasonal 
and Geographical Volatility Classes specified in the standard, with the 
exception of fuel introduced into commerce in the state of Alaska. For 
fuel introduced into commerce in the state of Alaska, all of the 
requirements of this section (3) apply, with the exception of the test 
temperature for a maximum Vapor/Liquid Ratio (V/L) of 20, which shall 
be a minimum of 35[deg]C (95[deg]F) for the period from September 16 
through May 31.
    (4) The fuel additive must contain only carbon, hydrogen, and any 
one or all of the following elements: Oxygen, nitrogen, and/or 
sulfur.\3\
---------------------------------------------------------------------------

    \3\ Impurities which produce gaseous combustion products may be 
present in the fuel additive at trace levels.

 [FR Doc. E8-8945 Filed 4-24-08; 8:45 am]
BILLING CODE 6560-50-P