[Federal Register Volume 76, Number 204 (Friday, October 21, 2011)]
[Rules and Regulations]
[Pages 65382-65385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27219]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2008-0558; FRL-9482-1]
RIN 2060-AP17


Regulation of Fuel and Fuel Additives: Alternative Test Method 
for Olefins in Gasoline

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing a rule 
to allow refiners and laboratories to use an alternative test method 
for olefin content in gasoline. This final rule will provide 
flexibility to the regulated community by allowing an additional test 
method for compliance measurement while maintaining environmental 
benefits achieved from our fuels programs.

[[Page 65383]]


DATES: This rule is effective November 21, 2011 without further notice. 
The incorporation by reference listed in this rule was approved by the 
Director of the Federal Register as of November 21, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2008-0558. All documents in the docket are listed on the 
http://www.regulations.gov Web site. 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 
Headquarters Library, Mail Code: 2822T, EPA West Building, 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 telephone number for the Public Reading Room is (202) 566-1742, and 
the facsimile number for the Air Docket is (202) 566-9744.

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

SUPPLEMENTARY INFORMATION: The contents of today's preamble are listed 
in the following outline.

I. General Information
    A. Does this action apply to me?
II. Rule Change
    A. Alternative Test Method for Olefins in Gasoline
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act of 1995 (UMRA)
    E. Executive Order 13123: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice and Minority Populations and Low-Income 
Populations
    K. Congressional Review Act
IV. Statutory Provisions and Legal Authority

I. General Information

A. Does this action apply to me?

    Regulated categories and entities potentially affected by this 
final action include those involved with the production, importation, 
distribution, sale and storage of gasoline 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 proposed action. This table lists the types of entities that 
EPA is now aware could be potentially regulated by this proposed 
action. Other types of entities not listed in the table could also be 
regulated. To determine whether an entity is regulated by this proposed 
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.

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

II. Rule Change

A. Alternative Test Method for Olefins in Gasoline

    Refiners, importers and oxygenate blenders producing gasoline are 
required to test Reformulated Gasoline (RFG), and conventional gasoline 
(CG) for several fuel parameters including olefins. The test method for 
determining olefin content is specified at 40 CFR 80.46(b).
    On January 31, 2011, EPA proposed to allow ASTM D6550-05 (SFC) as 
an alternative to the designated test method, ASTM D1319-03 e\1\ (FIA), 
for measuring olefin content of gasoline, provided the results are 
correlated to ASTM D1319-03 e\1\ using a site-specific correlation of 
FIA (volume percent) versus SFC (weight percent). The Agency also 
proposed that correlation be completed on a site-specific basis.\1\ As 
discussed in the proposal, the gasoline fuel set used to develop the 
correlation should span the range of olefin properties representative 
of that refinery's or importer's gasoline production. We also explained 
this gasoline fuel set would be analyzed by the test facility's 
laboratory using both ASTM D1319-03 e\1\ (also known as FIA, or the 
designated test method) and ASTM D6550-05. A resulting correlation 
equation would then be developed in terms of ASTM D1319-03 e\1\ in 
volume percent and ASTM D6550-05 in weight percent. Thus, the 
applicable range of the resulting correlation from a facility's site 
specific correlation would be consistent with that specific facility's 
olefin content range.
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    \1\ 76 FR 5319, January 31, 2011.
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    In response to this proposed rule, EPA received five comments from 
the American Petroleum Institute (API), BP America Incorporated (BP), 
the National Petroleum and Refiners Association (NPRA), Western States 
Petroleum Association (WSPA), and Shell Oil Products U.S. (SOPUS). All 
comments were in support of the proposal. API, NPRA, SOPUS and WSPA 
also provided additional comments. These additional comments have been 
summarized and our responses to them are in the Response to Comments 
Document that has been placed in the docket for this rulemaking (Docket 
ID Number EPA-HQ-OAR-2008-0558).
    The EPA is finalizing a rule to allow ASTM D6550-05, as an 
alternative test method to measure the olefin content of gasoline, 
provided its test results are correlated to ASTM D1319-03 e\1\ on a 
site specific basis.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This final rule is not a ``significant regulatory action'' under 
the terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) 
and is therefore not subject to review under the EO.

[[Page 65384]]

B. Paperwork Reduction Act

    This final rule 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 has assigned OMB control number 
2060-0277. The OMB control numbers for EPA's regulations in 40 CFR are 
listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (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.
    For purposes of assessing the impacts of today's 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 final rule on 
small entities, I certify that this action will 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 certify 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.
    This final rule does not impose a regulatory burden on anyone, 
including small businesses. Instead, this final rule will have a 
positive impact by the allowance of ASTM D 6550-05 which will provide 
additional flexibility to the regulated community, including small 
businesses, in meeting olefins in gasoline testing requirements. We 
have therefore concluded that today's final rule will relieve 
regulatory burden for all effected small entities.

D. Unfunded Mandates Reform Act of 1995 (UMRA)

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 
U.S.C. 1531-1538, requires Federal agencies, unless otherwise 
prohibited by law, to assess the effects of their regulatory actions on 
State, local, and tribal governments and the private sector. Federal 
agencies must also develop a plan to provide notice to small 
governments to have meaningful and timely input in the development of 
EPA regulatory rules with significant Federal intergovernmental 
mandates and must inform, educate, and advise small governments on 
compliance with the regulatory requirements.
    This final 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. 
The allowance of ASTM D 6550-05 will provide additional flexibility to 
the regulated community in meeting olefins in gasoline testing 
requirements. Thus, this rule is not subject to the requirements of 
sections 202 and 205 of the UMRA. This action is also not subject to 
the requirements of section 203 of UMRA because it contains no 
regulatory requirements that might significantly or uniquely affect 
small governments.

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 allowance of ASTM D 6550-05 
will provide additional flexibility to the regulated community in 
meeting olefins in gasoline testing requirements. Thus, Executive Order 
13132 does not apply to this final rule.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 6, 2000). This action 
applies to gasoline refiners, blenders and importers that supply 
gasoline. The allowance of ASTM D6500-05 will provide additional 
flexibility to the regulated community in meeting olefins in gasoline 
testing requirements. Thus, Executive Order 13175 does not apply to 
this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risk

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying 
only to those regulatory actions that concern health or safety risks, 
such that the analysis required under section 5-501 of the Executive 
Order has the potential to influence the regulation. This action is not 
subject to Executive Order 13045 because it does not establish an 
environmental standard intended to mitigate health or safety risks.

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

    This action is not subject to Executive Order 13211(66 FR 18355 
(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

[[Page 65385]]

EPA to provide Congress, through OMB, explanations when the Agency 
decides not to use available and applicable voluntary consensus 
standards.
    This final rule involves a technical standard. EPA is adopting an 
ASTM standard as described in Unit II.A of the SUPPLEMENTARY 
INFORMATION section of this document. The technical standard included 
in today's rule is a standard developed by ASTM, a voluntary consensus 
standards body, and thus raises no issues under the NTTAA. The ASTM 
standard in today's action may be obtained from ASTM International at 
100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959, 
610-832-9585 (phone), 610-832-9555 (fax), or [email protected] (e-mail); 
or through the ASTM Web site (http://www.astm.org).

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice and Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. The allowance of ASTM D6500-05 will provide additional 
flexibility to the regulated community in meeting olefins in gasoline 
testing requirements. This final rule amendment does not relax control 
measures on sources regulated by the rule and therefore will not cause 
emission increases from these sources.

K. 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 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 rule will be effective November 21, 2011.

IV. Statutory Provisions and Legal Authority

    Statutory authority for today's final rule comes from sections 
211(c) and 211(k) of the CAA (42 U.S.C. 7545(c) and (k)). Section 
211(c) 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 
final 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: October 13, 2011.
Lisa P. Jackson,
Administrator.

    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 reads as follows:

    Authority:  42 U.S.C. 7414, 7521(l), 7545 and 7601(a).

Subpart D--[Amended]

0
2. Section 80.46 is amended by adding paragraphs (b)(2) and (h)(1)(iii) 
to read as follows:


Sec.  80.46  Measurement of reformulated gasoline fuel parameters.

* * * * *
    (b) * * *
    (2)(i) Any refiner or importer may determine olefin content using 
ASTM standard method ASTM D6550 (incorporated by reference, see 
paragraph (h) of this section) for purposes of meeting any testing 
requirement involving olefin content; provided that
    (ii) The refiner or importer test result is correlated with the 
method specified in paragraph (b)(1) of this section on a site-specific 
basis, in order to achieve an unbiased prediction of the result in 
volume percent, for the method specified in paragraph (b)(1) of this 
section.
* * * * *
    (h) * * *
    (1) * * *
    (iii) ASTM standard method D6550-05 (``ASTM D6550''), Standard Test 
Method for Determination of Olefin Content of Gasolines by 
Supercritical-Fluid Chromatography, approved November 1, 2005.
* * * * *
[FR Doc. 2011-27219 Filed 10-20-11; 8:45 am]
BILLING CODE 6560-50-P