[Federal Register Volume 80, Number 33 (Thursday, February 19, 2015)]
[Proposed Rules]
[Pages 8826-8838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02845]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 59, 80, 85, 86, 600, 1037, 1043, 1051, 1054, 1060, 
1065, and 1066

[EPA-HQ-OAR-2011-0135; FRL 9922-32-OAR]
RIN 2060-AS36


Amendments Related to: Tier 3 Motor Vehicle Emission and Fuel 
Standards, Nonroad Engine and Equipment Programs, and MARPOL Annex VI 
Implementation

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing this 
action on several amendments involving technical clarifications for 
different mobile source regulations. First, we are making a variety of 
corrections to the Tier 3 motor vehicle emission and fuel standards. 
These changes generally correct or clarify various provisions from the 
Tier 3 rule without expanding the Tier 3 program or otherwise making 
substantive changes. Second, we are revising the test procedures and 
compliance provisions for nonroad spark-ignition engines at or below 19 
kW (and for the corresponding nonroad equipment) to conform to current 
practices. The changes to evaporative emission test procedures also 
apply to some degree to other types of nonroad equipment powered by 
volatile liquid fuels. Third, we are addressing an ambiguity regarding 
permissible design approaches for portable fuel containers meeting 
evaporative emission standards. Fourth, we are revising the regulations 
to more carefully align with current requirements that apply to marine 
vessels with diesel engines as specified under MARPOL Annex VI. Fifth, 
we are correcting typographical errors in

[[Page 8827]]

regulatory changes finalized in the Voluntary Quality Assurance Program 
rulemaking.
    In the ``Rules and Regulations'' section of this Federal Register, 
we are taking direct final action without a prior proposed rule. If we 
receive no adverse comment, we will not take further action on this 
proposed rule.

DATES: Comments: Written comments must be received by April 6, 2015.
    Public Hearing: If anyone contacts EPA requesting to speak at a 
public hearing by February 24, 2015, a public hearing will be held in 
Ann Arbor, Michigan on March 6, 2015. Inquire about arrangements for a 
public hearing as described in ``FOR FURTHER INFORMATION CONTACT''.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2011-0135, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: [email protected].
     Fax: (202) 566-9744
     Mail: Air and Radiation Docket and Information Center, 
Environmental Protection Agency, Mailcode: 28221T, 1200 Pennsylvania 
Ave. NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center, EPA WJC West Building, 
Room 3334, 1301 Constitution Ave. NW., Washington, DC 20460. 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-
2011-0135. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
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 email. 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 email comment 
directly to EPA without going through www.regulations.gov your email 
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 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm. For additional 
instructions on submitting comments, see the SUPPLEMENTARY INFORMATION 
section of this document.
    Docket: All documents in the docket are listed in the 
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 www.regulations.gov or in hard copy at the Air and Radiation Docket 
and Information Center, EPA/DC, EPA WJC West, Room 3334, 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 legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the Air Docket is (202) 566-
1742.

FOR FURTHER INFORMATION CONTACT: Alan Stout, Office of Transportation 
and Air Quality, Assessment and Standards Division (ASD), Environmental 
Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; 
Telephone number: (734) 214-4805; [email protected].

SUPPLEMENTARY INFORMATION: 

Why is EPA issuing this proposed rule?

    This document proposes to take action on: (1) General corrections 
and clarifications to various provisions from the Tier 3 motor vehicle 
emission and fuel standards rule, (2) revisions to the test procedures 
and compliance provisions for nonroad spark-ignition engines and 
equipment at or below 19 kW, (3) addressing an ambiguity regarding 
permissible design approaches for portable fuel containers meeting 
evaporative emission standards, and (4) revisions to the regulations to 
more carefully align with MARPOL Annex VI requirements.
    We have published a direct final 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; that document also includes draft regulations detailing all 
the amendments under consideration. The regulatory text from the direct 
final rule applies equally to this proposed rule and is not reproduced 
as part of this document.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. If we receive adverse comment, we will publish a 
timely withdrawal in the Federal Register informing the public that 
this rule, or the relevant provisions of this rule, 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.

Does this action apply to me?

    Entities potentially affected by this proposal include gasoline 
refiners and importers, ethanol producers, ethanol denaturant 
producers, butane and pentane producers, gasoline additive 
manufacturers, transmix processors, terminals and fuel distributors, 
light-duty vehicle manufacturers, manufacturers of nonroad engines and 
equipment, manufacturers of marine compression-ignition engines, and 
owners and operators of ocean-going vessels and other commercial ships, 
and manufacturers of portable fuel containers.
    Potentially regulated categories include:

------------------------------------------------------------------------
                                                Examples of potentially
          Category             NAICS \a\ Code      affected entities
------------------------------------------------------------------------
Industry....................  324110.........  Petroleum refineries
                                                (including importers)
Industry....................  325110.........  Butane and pentane
                                                manufacturers

[[Page 8828]]

 
Industry....................  325193.........  Ethyl alcohol
                                                manufacturing
Industry....................  324110, 211112.  Ethanol denaturant
                                                manufacturers
Industry....................  211112.........  Natural gas liquids
                                                extraction and
                                                fractionation
Industry....................  325199.........  Other basic organic
                                                chemical manufacturing
Industry....................  486910.........  Natural gas liquids
                                                pipelines, refined
                                                petroleum products
                                                pipelines
Industry....................  424690.........  Chemical and allied
                                                products merchant
                                                wholesalers
Industry....................  325199.........  Manufacturers of gasoline
                                                additives
Industry....................  424710.........  Petroleum bulk stations
                                                and terminals
Industry....................  493190.........  Other warehousing and
                                                storage--bulk petroleum
                                                storage
Industry....................  336111, 336112.  Light-duty vehicle and
                                                light-duty truck
                                                manufacturers
Industry....................  335312, 336312,  Alternative fuel
                               336322,          converters
                               336399, 811198.
Industry....................  333618, 336120,  On-highway heavy-duty
                               336211, 336312.  engine & vehicle (>8,500
                                                lbs GVWR) manufacturers
Industry....................  336611.........  Manufacturers of marine
                                                vessels
Industry....................  336612.........  Manufacturers of marine
                                                vessels
Industry....................  811310.........  Engine repair and
                                                maintenance
Industry....................  483............  Water transportation,
                                                freight and passenger
Industry....................  424710, 424720.  Petroleum Bulk Stations
                                                and Terminals; Petroleum
                                                and Petroleum Products
                                                Wholesalers
Industry....................  483113.........  Coastal and Great Lakes
                                                Freight Transportation
Industry....................  483114.........  Coastal and Great Lakes
                                                Passenger Transportation
Industry....................  333618.........  Manufacturers of new
                                                engines
Industry....................  333112.........  Manufacturers of lawn and
                                                garden tractors (home)
Industry....................  811112, 811198.  Commercial importers of
                                                vehicles and vehicle
                                                components
Industry....................  326199, 332431.  Portable fuel container
                                                manufacturers
------------------------------------------------------------------------
\a\ North American Industry Classification System (NAICS).

    This table 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 potentially be regulated by this action. Other types of 
entities not listed in the table could also be regulated. To determine 
whether your activities are regulated by this action, you should 
carefully examine the applicability criteria in the referenced 
regulations. If you have any questions regarding the applicability of 
this action to a particular entity, consult the person listed in the 
preceding FOR FURTHER INFORMATION CONTACT section.

What should I consider as I prepare my comments for EPA?

    A. Submitting CBI. Do not submit this information to EPA through 
www.regulations.gov or email. 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.
    B. 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.

Table of Contents

I. Introduction
II. Tier 3 Motor Vehicle Emission Standards
III. 40 CFR part 80 Fuel Standards
IV. Small SI Test Fuel and Bonding Provisions
V. Evaporative Test Procedures for Nonroad Equipment
VI. Portable Fuel Containers
VII. MARPOL Annex VI Implementation
VIII. Statutory and Executive Order Reviews
IX. Statutory Provisions and Legal Authority

I. Introduction

    In this action we are proposing several amendments that would make 
technical clarifications to different mobile source regulations. This 
section provides an overview of the organization of this preamble.
    Section II describes proposed amendments to the Tier 3 motor 
vehicle emission standards. Section III describes proposed amendments 
to the 40 CFR part 80 fuel standards: including the Tier 3 gasoline 
sulfur standards, other part 80 fuels regulations that were amended in 
the Tier 3 final rule, and amendments made in the Quality Assurance 
Program rulemaking. Section IV describes the proposed changes to the 
testing and compliance provisions for nonroad spark-ignition engines, 
and Section V describes how we are proposing to change the evaporative 
test procedures for nonroad equipment. Section VI describes proposed 
amendments to the requirements that apply for portable fuel containers. 
Section VII summarizes the proposed amendments related to our 
implementation of requirements for marine diesel engines and vessels 
under MARPOL Annex VI.

II. Tier 3 Motor Vehicle Emission Standards

    On April 28, 2014, we published a final rule adopting new emission

[[Page 8829]]

standards and fuel requirements for motor vehicles and for motor 
vehicle fuels (79 FR 23414). The final rule included Tier 3 emission 
standards to reduce exhaust and evaporative emissions from light-duty 
vehicles, light-duty trucks, and heavy-duty vehicles up to 14,000 
pounds GVWR. In addition, the final rule specified corresponding 
changes to in-use fuel requirements.
    The Tier 3 motor vehicle program included extensive changes to 
emission standards and the regulatory requirements related to 
certification. This included several provisions to harmonize 
requirements with a similar set of standards adopted by the California 
Air Resources Board (California ARB). It also included a wide range of 
alternative measures intended to facilitate each manufacturer's efforts 
to make an orderly transition to meeting the Tier 3 standards 
nationwide. The resulting Tier 3 regulations accordingly included 
several variations, alternatives, and ancillary provisions. We have 
learned since concluding the Tier 3 rulemaking that there are several 
instances where the regulatory text implementing the Tier 3 program 
requires correction or clarification to achieve the intended result. 
None of the proposed amendments are intended to expand the Tier 3 
program or otherwise make substantive changes. We are therefore 
proposing to make the following amendments to the Tier 3 vehicle 
program regulations:

------------------------------------------------------------------------
     Regulatory citation                      Description
------------------------------------------------------------------------
Sec.   85.2108...............  Remove section to reflect a recent change
                                to Clean Air Act section 207.
Sec.   86.101, Sec.            Adjust the procedures for determining
 1066.301, and Sec.             road-load parameters to more carefully
 1066.305.                      align with current practice, including
                                the option for manufacturers to use
                                alternate methodologies that are
                                consistent with the reference procedure,
                                subject to good engineering judgment and
                                EPA confirmatory testing. We are also
                                restoring provisions describing how to
                                develop road-load parameters for cold
                                testing; the provisions from Sec.
                                86.229 were inadvertently replaced with
                                a default instruction to use the same
                                values for both FTP testing and cold
                                testing. We are also changing
                                terminology from ``coastdown'' to ``road-
                                load determination'' for consistency.
Sec.  Sec.   86.095-35 and     Revise the labeling requirement for
 1037.135.                      incomplete heavy-duty vehicles to
                                require designation of maximum fuel tank
                                capacity only in cases where the
                                certifying manufacturer relies on a
                                downstream manufacturer to design and
                                install the vehicle's fuel tanks. If the
                                certifying manufacturer designs or
                                installs the fuel tank, there is no need
                                for the emission control information
                                label to identify the appropriate fuel
                                tank capacity.
Sec.  Sec.   86.101 and        Clarify that reporting drive-cycle
 86.1844-01.                    metrics to confirm driver accuracy
                                continue to be optional until vehicles
                                are subject to Tier 3 emission
                                standards, and revise terminology for
                                consistency with 40 CFR 1066.425.
Sec.   86.101................  Clarify that manufacturers may continue
                                to certify in 2022 and later model years
                                based on carryover of emission data
                                generated using the procedures from 40
                                CFR part 86, subpart B, even though we
                                require new testing in that time frame
                                to use the procedures in 40 CFR part
                                1066.
Sec.   86.113................  Revise the format of the volatility
                                specification to rely primarily on psi
                                units and secondarily on kPa units. The
                                kPa figures for non-evaporative testing
                                also need to be corrected to align with
                                the specified psi units. These changes
                                align with the test fuel specifications
                                that were in place before the Tier 3
                                rule. We are also revising the table
                                format for octane specifications to
                                clarify that the both ASTM D2699 and
                                ASTM D2700 apply for determining octane
                                values and octane sensitivity values.
Sec.   86.201................  Clarify how the migration to testing
                                under 40 CFR part 1066 works for cold
                                temperature testing. This is analogous
                                to the migration provisions for general
                                testing in Sec.   86.101.
Sec.   86.213................  Revise the specified tolerance for olefin
                                concentration in the test fuel from
                                0.5 percent to 5.0 percent. This reverses an
                                inadvertent change made in the Tier 3
                                final rule. We are also revising the
                                table format for octane specifications
                                to clarify that both ASTM D2699 and ASTM
                                D2700 apply for determining octane
                                values and octane sensitivity values.
Sec.   86.513................  Correct a typographical error for the 90%
                                point in the distillation curve for
                                gasoline test fuel. This was erroneously
                                published as part of the Tier 3 rule
                                with an extra ``1'' before the specified
                                temperature of 148.9 [deg]C. This change
                                restores the temperature specification
                                to what applied before we adopted the
                                Tier 3 rule.
Sec.   86.513-2004...........  Remove obsolete section. Fuel
                                specifications for motorcycles are now
                                addressed in Sec.   86.513 (with no
                                model year designation), so the 2004
                                section is removed to avoid confusion.
Sec.   86.1801-12............  Clarify how the requirements of subpart S
                                relate to the engine and vehicle
                                provisions in 40 CFR part 1036 and part
                                1037.
Sec.   86.1803-01............  Revise the definition of ``averaging
                                set'' to apply to all vehicles, not only
                                heavy-duty vehicles.
Sec.  Sec.   86.1805-17 and    Address provisions for LDV above 6,000
 86.1811-17.                    pounds GVWR. A new paragraph describes
                                how these vehicles are subject to the
                                same transitional provisions that apply
                                for LDV at or below 6,000 pounds GVWR.
                                We are also clarifying useful life
                                provisions for LDV above 6,000 pounds
                                GVWR. We described the useful life
                                provisions based on a simple cutpoint of
                                6,000 pounds GVWR, which doesn't address
                                a small number of LDV models that have
                                higher GVWR values. Instead of changing
                                the useful life values adopted for cold
                                temperature emission standards, we are
                                using the terms LDV and LLDT to
                                characterize the vehicles that are
                                subject to a useful life of 10 years or
                                120,000 miles. We are also clarifying
                                that MDPVs are the only HDVs subject to
                                standards under Sec.   86.1818.
Sec.   86.1806-17............  Correct the citation to California ARB's
                                OBD regulations to refer to the entire
                                range of relevant OBD standards.
Sec.   86.1810-01............  Clarify that the provisions for
                                determining NMOG from measured NMHC
                                values also apply for Tier 2 vehicles,
                                as specified in Sec.   1066.635, except
                                that manufacturers may continue to use a
                                fixed adjustment factor of 1.04.
Sec.   86.1810-17............  Clarify that the provisions for testing
                                flexible fuel vehicles on more than just
                                gasoline or diesel fuel do not apply for
                                greenhouse gas standards.
Sec.   86.1811-17(b)(8)......  Clarify how to calculate and use credits
                                for manufacturers that certify some
                                vehicles to a useful life of 120,000
                                miles and other vehicles to a useful
                                life of 150,000 miles. The main point of
                                clarification is that vehicles certified
                                to the shorter useful life on an interim
                                basis may exchange emission credits with
                                vehicles certified to either useful
                                life, but the fleet-average standard for
                                a given set of vehicles must correspond
                                to the averaging set. We are also
                                listing the emission standards that
                                correspond to a 120,000 mile useful life
                                rather than describing how to calculate
                                those standards.
Sec.   86.1811-17(b)(8)......  Add a provision that Interim Tier 3
                                vehicles must continue to meet the 4000-
                                mile SFTP standards for NMHC+NOx and CO
                                from Tier 2. This requirement was
                                included in the preamble text for the
                                proposed rule and the final rule, but
                                was inadvertently omitted from the
                                regulatory text.

[[Page 8830]]

 
Sec.   86.1811-17(b)(10).....  Clarify provisions related to early
                                credits: (1) Early credits may be used
                                interchangeably (without adjustment) for
                                vehicles certified to a useful life of
                                either 120,000 miles or 150,000 miles.
                                (2) Accumulated early credits should be
                                used for demonstrating compliance with
                                model year 2017 standards before doing
                                the calculations to address
                                proportionality relative to California
                                emission credits. (3) Negative credits
                                are subtracted from credit totals during
                                the three-year period for calculating
                                credit caps (rather than ignoring them).
                                (4) The calculation for applying the cap/
                                threshold relative to California credits
                                must be corrected to use the proper
                                baseline quantity.
Sec.   86.1811-17(b)(11).....  Clarify provisions related to early
                                certification to Tier 3 standards: (1)
                                Bin 70 and cleaner vehicles are
                                considered Tier 3 vehicles on a
                                voluntary basis and are therefore
                                subject to the 150,000 mile useful life.
                                (2) The transitional aspects of the Tier
                                3 program apply equally to vehicles
                                certified early to the Tier 3 standards.
Sec.   86.1811-17(g).........  Revise the cold temperature testing
                                specifications to clarify that CO and
                                NMHC standards apply equally for
                                certification and in-use testing, for
                                low and high altitude, and for testing
                                gasoline-only configurations of flexible-
                                fuel vehicles.
Sec.   86.1813-17............  Clarify that no separate fleet-average
                                calculation is required for
                                demonstrating compliance with high-
                                altitude evaporative emission standards.
                                These standards are determined as bin
                                values relative to the standard that
                                applies for testing at low-altitude
                                conditions.
Sec.   86.1829-15............  Adjust the refueling test waiver to state
                                that it applies only for incomplete
                                heavy-duty vehicles above 10,000 pounds
                                GVWR, and for complete heavy-duty
                                vehicles above 10,000 pounds GVWR with
                                fuel tanks greater than 35 gallons,
                                consistent with the preamble discussion
                                in the final rule. These vehicles are
                                the only ones that are newly subject to
                                refueling emission standards. All
                                smaller vehicles have already been
                                subject to testing and certification
                                requirements.
Sec.   86.1829-15............  Add a paragraph to preserve the
                                provisions related to measurement of N2O
                                emissions as originally adopted at Sec.
                                 86.1829-01(b)(2)(iii)(G).
Sec.   86.1829-15............  Revise terminology to refer to
                                ``durability groups'' rather than
                                ``durability data groups'' for PM
                                testing.
Sec.   86.1844-01............  Specify that a manufacturer's application
                                for certification must include a
                                description of leak families in addition
                                to evaporative/refueling families. Since
                                leak families are defined broadly, many
                                manufacturers may have only a single
                                leak family even if they have multiple
                                evaporative/refueling families.
Sec.   86.1845-01............  Clarify that the PM measurement
                                instructions are limited to vehicles
                                subject to Tier 3 PM standards, as
                                discussed in the final rule.
Sec.   86.1846-01............  Adjust the exclusion of high-mileage
                                vehicles to the terminology changes to
                                Sec.   86.1845-05. This change aligns
                                with the current practice of not
                                including the results from testing the
                                designated high-mileage vehicle at low
                                altitude for making an IUVP
                                determination for the test group.
Sec.   86.1861-17............  Clarify that the separate averaging set
                                corresponding to 120,000 mile useful
                                life applies only for NMOG+NOx emission
                                standards.
Sec.  Sec.   600.116-12 and    Clarify that certain portions of SAE
 1066.501.                      J1711 apply separately for charge-
                                depleting and charge-sustaining
                                operation for hybrid-electric vehicles.
Sec.   600.117...............  Adjust the description to more clearly
                                apply the interim allowance for using
                                Tier 2 fuel to determine whether
                                vehicles pass the ``litmus test'' for
                                using derived 5-cycle testing for fuel
                                economy, as described further below.
Sec.   600.117...............  Revise the description for test fuels to
                                clarify that cold testing may be done
                                with the higher-volatility fuel
                                specified in Sec.   86.213, and that the
                                requirement for using a common test fuel
                                related to 5-cycle testing refers to the
                                ethanol content of the fuel, not the
                                whole range of test fuel specifications.
Sec.   1037.103..............  Refer to Sec.   86.1805 for useful life
                                values as they apply for evaporative
                                emission standards, rather than
                                referring more broadly to useful life
                                values in 40 CFR part 86 for ``criteria
                                pollutants''.
Sec.   1037.104..............  Refer to the useful life values specified
                                in Sec.   86.1805 for model year 2014
                                vehicles for the HD GHG standards. This
                                sets the useful life values for the HD
                                GHG standards to a fixed value, rather
                                than specifying a cross reference to a
                                section of the regulations that
                                describes changing useful life values.
Sec.  Sec.   1065.10 and       Allow for a one-year lead time for
 1066.10.                       upgrading to test procedure changes in
                                40 CFR part 86 where those changes would
                                otherwise be required immediately with
                                the effective date of the final rule.
                                This is consistent with existing
                                provisions for changes to 40 CFR part
                                1065 and part 1066. Note that this does
                                not delay implementation of procedures
                                corresponding to new emission standards.
Sec.   1065.610..............  Correct a sample calculation.
Sec.   1065.710..............  Correct the units for specifying
                                hydrocarbon composition. These units
                                were inadvertently changed in the Tier 3
                                rule from fractional to percent values.
                                We are specifying these values in volume
                                % to align with the associated ASTM
                                procedure.
Sec.   1065.710..............  Revise the format of the volatility
                                specification to include reference
                                values in psi units.
Sec.   1066.125..............  Correct the description of calculating 1
                                Hz mean values.
Sec.   1066.125..............  Add a parenthetical reference to torque
                                in pound-foot units corresponding to the
                                primary value in Newtons.
Sec.   1066.420..............  Clarify that it is permissible to push
                                the test vehicle onto the dynamometer to
                                prepare for a hot-start or hot-
                                stabilized test, as opposed to driving
                                the vehicle onto the dynamometer.
Sec.   1066.605..............  Revise the sequence of calculations to
                                determine a NOx result. The proper
                                sequence is to first correct for
                                background concentration, then to
                                correct for intake air humidity.
Sec.   1066.615..............  Correct the equations to properly apply
                                the NOx humidity correction factor to
                                account for humidity in the background
                                measurement.
Sec.   1066.635..............  Clarify that the appropriate NMOG
                                calculation for plug-in hybrid electric
                                vehicles is based on operation over one
                                full UDDS.
Sec.   1066.701..............  Correct a temperature that was
                                inadvertently identified as 20 [deg]C
                                instead of 20 [deg]F.
Sec.   1066.710..............  Clarify the instructions for heat
                                settings during cold testing to more
                                carefully differentiate between
                                automatic systems that operate either in
                                manual mode or in automatic mode.
                                Automatic systems operating in manual
                                mode should be set to a temperature of
                                72 [deg]F ``or higher'' to align with
                                current practice.
Sec.   1066.801..............  Correct an error in the testing flowchart
                                so that the flowchart matches the
                                procedure described in the regulations.
Sec.   1066.815..............  Reorganize the instructions for testing
                                with and without bag 4 to improve the
                                clarity of the test sequence.
Sec.   1066.831..............  Revise the description for testing heavy-
                                duty vehicles at adjusted loaded vehicle
                                weight to exclude MDPVs, which are
                                tested like light-duty trucks.
Sec.   1066.835..............  Add a provision allowing for keeping the
                                vehicle-cooling fan running while the
                                vehicle is stopped if that is necessary
                                for keeping ambient conditions within
                                specified parameters.

[[Page 8831]]

 
Sec.   1066.845..............  Adjust the description of air
                                conditioning settings during the AC17
                                test to describe how to account for
                                systems with separate rear controls, and
                                for systems that change default settings
                                at key-off.
Sec.   1066.1005.............  Move the prefix ``n'' to be in the proper
                                order.
Various......................  Change from ``LA-92'' to ``Hot-LA-92'' to
                                allow us to specify that the referenced
                                test procedure is only the first 1435
                                seconds of what is known as the LA-92
                                driving schedule. The full cycle is 1735
                                seconds. This change is necessary to
                                accomplish the intended alignment with
                                the California ARB standards.
------------------------------------------------------------------------

    We are also proposing various corrections for typographical errors 
and regulatory cross references. Note that one of these corrections is 
in the regulations for recreational vehicles at 40 CFR 1051.501 to 
maintain a proper cross reference to the driving schedules in Appendix 
I of 40 CFR part 86. We are also correcting a typographical error from 
Sec.  86.529-98 that was published several years ago. The specified 
range of loaded vehicle masses corresponding to certain road-load force 
coefficients and inertia weights has an entry that should be listed as 
applying from 656 to 665 kg; the published entry mistakenly identifies 
the range as 565 to 665 kg.
    One additional issue relates to test fuel for fuel economy testing. 
In the Tier 3 final rule, EPA changed the certification test fuel for 
the Tier 3 exhaust emission standards from a 9 psi RVP fuel with no 
ethanol (E0) (commonly referred to as Tier 2 fuel) to a 9 psi RVP fuel 
with 10 percent ethanol (E10). As an interim provision, EPA permitted 
vehicles certifying at levels above Bin 70 to use E0 fuel for Tier 3 
certification through model year 2019. The rule also permits early 
certification to Tier 3 requirements using 7 psi RVP E10 test fuel, 
commonly referred to as LEV III fuel since the California LEV III 
program phase-in begins with model year 2015. The rule also provides 
manufacturers the option to use EPA 9RVP E0 fuel or 9RVP E10 fuel for 
certification for cold temperature testing since California does not 
specify a test fuel for that testing.
    Under the fuel economy regulations, manufacturers use the results 
of their exhaust emission tests as the basis for calculating litmus 
test evaluations (see 40 CFR 600.115-11). However, in the Tier 3 rule 
EPA did not change the fuel economy test fuel specifications from E0 to 
E10 as was done for Tier 3 exhaust emissions. The preamble to the final 
rule recognized that the difference in the emission and fuel economy 
test fuels has the potential to require extra emission testing for the 
fuel economy evaluations. To minimize this burden, EPA included several 
provisions in the regulations to minimize this potential burden (see 40 
CFR 600.117) and indicated a commitment to make any appropriate 
adjustments to the fuel economy regulations to accommodate the change 
to an E10 test fuel when the needed emission data become available.
    As is discussed in the final rule (79 FR 23531-23533, April 28, 
2014), central to the litmus test evaluation is the requirement that 
data be available for all five emission test cycles and that the data 
be generated using the same test fuel on each cycle. Some confusion has 
arisen as to what cold FTP test fuel should be used in the litmus 
evaluations for early Tier 3 certifications using LEV III test fuel and 
for Tier 3 certification above Bin 70 before model year 2020. This 
occurs because California ARB does not specify a cold FTP test fuel 
and, as a transitional measure, EPA permits certification to Tier 3 Bin 
125 and Bin 160 using Tier 2 fuel. This proposed amendment clarifies 
that the fuel economy test fuel requirements govern for the litmus test 
evaluations. As indicated in the preamble to the final rule at 79 FR 
23533, manufacturers may use LEV III fuel (California Phase 3) in lieu 
of Tier 3 fuel, but any cold FTP testing must be done using the Tier 3 
cold FTP fuel. Thus, for purposes of the litmus test cold temperature 
testing, manufacturers must use the same test fuel (E10) as used for 
the other four cycles. For early Tier 3 certifications using LEV III 
test fuel, the cold FTP test data must be generated using Tier 3 cold 
FTP test fuel and in the case of the higher bins in the Tier 3 program 
as discussed above, the cold FTP must be based on the same fuel as used 
for the other four test cycles. The flexibility afforded for exhaust 
emission certification does not carry over to the litmus test 
evaluations.

III. 40 CFR Part 80 Fuel Standards

    After promulgation of the Tier 3 final rulemaking (79 FR 23414, 
April 28, 2014), we discovered some typographical errors and other 
areas in the part 80 regulations that we believe would benefit from 
some additional clarity. The following sections discuss proposed 
amendments to remedy these concerns.

A. Performance-Based Measurement Systems (PBMS)

------------------------------------------------------------------------
           Section                   Description of proposed change
------------------------------------------------------------------------
Sec.   80.8(e)(1)(iii).......  Amended to update IBR to most recent ASTM
                                standard practice D5842-14 (Standard
                                Practice for Sampling and Handling for
                                Fuels for Volatility Measurement,
                                approved January 15, 2014).
Sec.   80.46(d)..............  Amended to clarify that distillation
                                precision criterion is based on the
                                reproducibility of Table 10 Groups 2, 3
                                and 4 (Automated Method) contained in
                                ASTM D86-07--clarifying note added to
                                state that precision estimates in ASTM
                                D86-12 do not apply.
Sec.   80.46(b)(1), (c)(2),    Amended to clarify beginning January 1,
 (d), (e), (f)(1), and (g)(1).  2016 a test method approved under Sec.
                                80.47 ``must'' be used, rather than
                                ``may'' be used, by the regulated
                                community for demonstrating compliance
                                measurements to EPA fuels standards.
Sec.   80.47(a)(7)...........  Amended to correct typographical error
                                (``referee'' to ``reference'').
Sec.   80.47(b)(1), (c)(1),    Amended to correct typographical error
 (d)(1), (e)(1), (f)(1),        (``emissions'' to ``omissions''); and to
 (g)(1), (h)(1), (i)(1),        add the statement ``tests may be
 (j)(1).                        arranged into no fewer than five batches
                                of four or fewer tests each, with only
                                one such batch allowed per day over the
                                minimum of 20 days''.
Sec.   80.47(c)(1),            Amended to correct the examples listed
 (c)(2)(i), (c)(2)(ii).         for precision and accuracy demonstration
                                for sulfur in butane to be consistent
                                with the sulfur in gasoline 10 ppm
                                average.
Sec.   80.47(h)(1)...........  Amended to: correct typographical errors;
                                clarify that distillation precision
                                criterion is based on the
                                reproducibility of Table 10 Groups 2, 3
                                and 4 (Automated Method) contained in
                                ASTM D86-07 (clarifying note added
                                stating that precision estimates in D86-
                                12 do not apply); and revise IBR of D86
                                to the 2007 version.
Sec.   80.47(i)(1)...........  Revised benzene precision criteria to
                                0.15 times R, rather than 0.3 times R to
                                be consistent with preamble discussion.

[[Page 8832]]

 
Sec.   80.47(l)..............  Amended to revise section heading and add
                                paragraphs (l)(1)(ii) and (l)(2)(ii) to
                                allow for Non-Voluntary Consensus
                                Standard Based (non-VCSB) absolute fuel
                                parameter of sulfur in gasoline and
                                butane. Also clarifying that either a
                                ``test facility or VCSB'' must meet the
                                requirements of Sec.   80.47(l).
Sec.   80.47(m)(6)...........  Amended to correct reference for the use
                                of the term ``cross-method
                                reproducibility'' in ASTM D6708 from
                                ``as required'' to ``as recommended''
                                and replaced the term ``cross-method
                                reproducibility'' with ``between methods
                                reproducibility'' to be consistent with
                                D6708-13.
Sec.   80.47(n)(2)(i),         Amended to correct references to D6299-13
 (o)(2)(i), (p)(3)(i).          with regards to use of a quality control
                                material (paragraph 3.2.3 changed to
                                3.2.8), I Chart (section 7 changed to
                                section 8) and MR charts (section A1.5.2
                                changed to A1.5.4).
Sec.   80.47(n)(2)(ii),        Amended to correct references to D6299-13
 (o)(2)(ii), (p)(3)(ii).        with regards to use of an I Chart
                                (changed section 7 to section 8.7).
Sec.   80.47(n)(2)(iv),        Amended to move the phrase ``The expanded
 (o)(2)(iv), (p)(2)(iv); and    uncertainty of the accepted reference
 (n)(1)(ii), (o)(1)(ii),        value of consensus named fuels shall
 (p)(1)(ii).                    have the following accuracy
                                qualification criterion: Accuracy
                                qualification criterion = square root
                                [(0.75R)[supcaret]2+(0.75R)[supcaret]2/
                                L], where L = the number of single
                                results obtained from different labs
                                used to calculate the consensus ARV.''
                                from paragraphs (n)(2)(iv), (o)(2)(iv),
                                (p)(2)(iv) to paragraphs (n)(1)(ii),
                                (o)(1)(ii), (p)(1)(ii), respectively.
Sec.   80.47(o)(1)...........  Amended to clarify value of ARV when not
                                provided in an Inter Laboratory
                                Crosscheck Program, by adding the
                                following: ``Facilities using a VCSB
                                alternative method defined test method
                                must use the Accepted Reference Value of
                                the check standard as determined in a
                                VCSB Inter Laboratory Crosscheck Program
                                (ILCP) or a commercially available ILCP
                                following the guidelines of ASTM D6299.
                                If the Accepted Reference Value is not
                                provided in the ILCP, accuracy must be
                                assessed based upon the respective EPA
                                designated test method using appropriate
                                production samples.''
Sec.   80.47(o)(1)...........  Amended to clarify that ILCPs are
                                acceptable, by adding the following:
                                ``(Examples of ILCP: ASTM Reformulated
                                Gasoline ILCP or ASTM motor gasoline
                                ILCP)''.
Sec.   80.47(p)(1)...........  Amended to clarify value of ARV when not
                                provided in ILCP, by adding the
                                following: ``Facilities using a Non-VCSB
                                alternative method defined test method
                                must use the Accepted Reference Value of
                                the check standard as determined in
                                either a VCSB Inter Laboratory
                                Crosscheck Program (ILCP) or a
                                commercially available ILCP following
                                the guidelines of ASTM D6299. If the
                                Accepted Reference Value is not provided
                                in the ILCP, accuracy must be assessed
                                based upon the respective EPA designated
                                test method using appropriate production
                                samples.''
Sec.   80.47(p)(1)...........  Amended to address concern that
                                reproducibility is not established with
                                Non-VCSB test methods, by adding the
                                following: ``The facility must construct
                                ``MR'' and ``I'' charts with control
                                lines as described in section 8.4 and
                                appropriate Annex sections of this
                                standard practice. In circumstances
                                where the absolute difference between
                                the mean of multiple back-to-back tests
                                of the standard reference material and
                                the accepted reference value of the
                                standard reference material is greater
                                than 0.75 times the published
                                reproducibility of the fuel parameter's
                                respective designated test method must
                                be investigated by the facility.''
Sec.   80.47(r)(1)(i)........  Amended to revise IBR of ASTM D86 to the
                                2007 version.
Sec.   80.330(b)(1)(i),        Amended to update IBR to most recent ASTM
 (b)(1)(ii), (b)(2).            standard practice D5842-14 (Standard
                                Practice for Sampling and Handling for
                                Fuels for Volatility Measurement,
                                approved January 15, 2014), and for
                                consistency with IBR language throughout
                                subpart O.
Sec.   80.584(a)(1) through    Amended to correct inconsistencies with
 (a)(3).                        PBMS in Sec.   80.47 regarding
                                requirements for PBMS for sulfur in
                                diesel fuel and ECA Marine Fuel at Sec.
                                 80.584 with regards to frequency of
                                testing for the precision demonstration
                                and VCSB self-qualification starting
                                January 1, 2016.
Sec.   80.584(a)(1) through    Amended to insert phrase ``(tests may be
 (a)(3).                        arranged into no fewer than five batches
                                of four or fewer tests each, with only
                                one such batch allowed per day over the
                                minimum of 20 days)'' in applicable
                                areas for diesel and ECA marine fuel to
                                be consistent with frequency of testing
                                for precision demonstration at Sec.
                                80.47.
Sec.   80.585(a).............  Amended to revise diesel and ECA marine
                                fuel sulfur qualification regulations to
                                be consistent with PBMS (i.e., starting
                                January 1, 2016), VCSB test methods self-
                                qualify and need not be reported to the
                                Agency for approval.
Sec.   80.585(a), (e)(1),      Amended to correct inconsistencies with
 (e)(4), (f).                   PBMS in Sec.   80.47 regarding
                                requirements for PBMS for sulfur in
                                diesel fuel and ECA marine fuel at Sec.
                                 80.584 with regards to frequency of
                                testing for the precision demonstration
                                and VCSB self-qualification starting
                                January 1, 2016; and to add a new
                                paragraph (f) for IBR.
Sec.   80.585(e)(1), (e)(2),   Amended to update IBR and reference for
 (e)(4), (f).                   use on ASTM D6299-13 in applicable
                                diesel and ECA marine fuel sulfur
                                regulations to be consistent with
                                reference of use of ASTM D6299-13 in
                                PBMS regulations at Sec.   80.47, and to
                                make minor formatting changes for IBR
                                consistency throughout part 80.
------------------------------------------------------------------------

B. Quality Assurance Program Amendments

    This action also proposes minor technical amendments to regulatory 
changes finalized in the Voluntary Quality Assurance Program Rulemaking 
(``QAP Rule'', 79 FR 42078, July 18, 2014). We are proposing to revise 
Sec.  80.1471(d)(1) to reflect a change that industry widely requested 
and the public supported. In the final rulemaking we agreed to extend 
the notification period by an auditor for potentially invalid RINs from 
``within the next business day'' to ``within five business days.'' We 
inadvertently neglected to change this reference in Sec.  80.1471(d)(1) 
to the new ``within five business days'' language.
    In the Notice of Proposed Rulemaking for the QAP Rule, we proposed 
a new section at Sec.  80.1433 that would have changed the way parties 
that redesignated renewable fuels for non-qualifying uses would have to 
retire RINs, and we proposed new product transfer document (PTD) 
language at Sec.  80.1453(a)(12) to help convey the requirement to 
separate and/or retire RINs for parties that wished to redesignate 
renewable fuel for a non-qualifying use. After careful consideration of 
the public comments received, we chose not to finalize the proposed 
Sec.  80.1433 requirements. This action proposes to remove the 
extraneous reference to Sec.  80.1433 in Sec.  80.1453.
    Additionally, we are proposing to amend the PTD requirements at 
Sec.  80.1453(a) to make the scope of these requirements consistent 
with similar requirements in other fuels programs. When we altered the 
scope of the PTD requirements at Sec.  80.1453 to include both neat and 
blended renewable fuels, we did not intend to expand the scope of these 
PTD requirements to convey the

[[Page 8833]]

information at Sec.  80.1453 to the consumer of such fuels, in most 
cases. In the preamble to the final QAP Rule, we noted that these 
requirements were meant to apply to regulated parties (79 FR 42105, 
July 18, 2014).
    Historically, EPA has required applicable information on PTDs 
accompanying fuels to be conveyed through to retail stations and 
wholesale purchaser-consumers. The EPA has, in most cases, included 
language that exempts parties that are transferring title or custody of 
fuel to the ultimate consumer (e.g., the PTD requirements for 
detergents at Sec.  80.158 and for E15 at Sec.  80.1503) or dispensing 
the fuel from a retail station or wholesale purchaser-consumer's tank 
to a motor vehicle or nonroad engine (e.g., the PTD requirements for 
diesel and gasoline sulfur at Sec. Sec.  80.590 and 80.1651, 
respectively). Requiring PTD language to convey information all the way 
down to consumers fueling at a retail station or homes receiving 
heating oil has little benefit to the effectiveness of EPA's fuels 
programs and could be quite costly for retail stations and home heating 
oil distributors. Therefore, we are proposing to add an exemption to 
the PTD requirements for renewable fuels dispensed into motor vehicles 
and nonroad vehicles, engines, and equipment (to include jet engines 
and home heating units) to clarify the scope of Sec.  80.1453.

------------------------------------------------------------------------
              Section                            Description
------------------------------------------------------------------------
80.1426(c)(7).....................  Amended to correct typographical
                                     error (``Sec.
                                     80.1451(b)(1)(ii)(T)(3)'' to ``Sec.
                                       80.1451(b)(1)(ii)(T)(2)'').
80.1453(a) introductory text......  Amended for clarity in scope of
                                     requirements.
80.1453(a)(12) introductory text..  Amended to remove extraneous
                                     reference to 80.1433.
80.1471(d)........................  Amended to add to ``within five
                                     business days'', consistent with
                                     the intent stated in the QAP rule
                                     preamble.
------------------------------------------------------------------------

C. Tier 3 Rulemaking Provisions Minor Technical Amendments

    As mentioned above, this rule proposes to correct minor 
typographical errors that were discovered following the promulgation of 
the Tier 3 final rule (both within 40 CFR part 80, subpart O, as well 
as additional 40 CFR part 80 provisions that were finalized as part of 
our regulatory streamlining efforts in the Tier 3 rulemaking). The 
following table contains a list of these proposed amendments and a 
description of the proposed change:

------------------------------------------------------------------------
              Section                  Description of proposed change
------------------------------------------------------------------------
Sec.   80.2(cccc).................  Removed new definition of natural
                                     gas, as this definition already
                                     exists at Sec.   80.2(tt).
Sec.   80.75(a)(2)(xi)(G).........  Amended to correct reference from
                                     ``Sec.   80.82(c) or (d)'' to
                                     ``Sec.   80.86(a)(3) or (a)(4)''.
Sec.   80.82(e)(1)................  Amended to clarify that the
                                     provisions of an EPA-approved State
                                     Implementation Plan (SIP) apply to
                                     butane blenders.
Sec.   80.85(a)...................  Amended introductory text to correct
                                     typographical errors (``refinery''
                                     to ``refiner'').
Sec.   80.85(i)...................  Amended to correct typographical
                                     errors (``they'' to ``it'',
                                     ``comply'' to complies'').
Sec.   80.86(b)(2)(iv) and          Amended to correct typographical
 (b)(3)(iii).                        errors (``complaint'' to
                                     ``compliant'').
Sec.   80.86(c)...................  Amended to clarify that the PTD for
                                     pentane used by pentane blenders
                                     must contain the pentane producer
                                     or importer company name and
                                     facility registration number issued
                                     by EPA and the name and address of
                                     the transferor and transferee
                                     consistent with other part 80 PTD
                                     requirements.
Sec.  Sec.   80.315(b)(1)(iii),     The Tier 3 rulemaking changed the
 80.1295(b)(1)(ii).                  due date for annual reports and
                                     credits from the end of February to
                                     March 31 for all 40 CFR part 80
                                     fuels programs; these paragraphs
                                     are being amended because the
                                     February date was inadvertently
                                     left in Sec.  Sec.
                                     80.315(b)(1)(iii) and
                                     80.1295(b)(1)(ii).
Sec.   80.330(c)(1), (d)(2).......  Amended to correct year (``December
                                     31, 20'' to ``December 31, 2015'').
Sec.   80.597(d)(3)...............  Amended to correct reference from
                                     paragraph (d) to paragraph (d)(3).
Sec.   80.1270(b)(2)..............  Amended to clarify that butane
                                     blenders using the provisions of
                                     Sec.   80.82 and pentane blenders
                                     using the provisions of Sec.
                                     80.85 may not generate benzene
                                     credits.
Sec.   80.1609(a).................  Amended to correct typographical
                                     error and to correct a regulatory
                                     cite.
Sec.   80.1611(a)(1)..............  Amended to improve the clarity in
                                     cases where producers of certified
                                     ethanol denaturants produce product
                                     to a lower sulfur maximum than the
                                     required 300 ppm maximum.
Sec.   80.1611(c) introductory      Amended for improved clarity and to
 text, (c)(1), and (c)(2).           correct typographical errors.
Sec.   80.1611(d).................  Amended to correct typographical
                                     error (``denaturant'' instead of
                                     ``oxygenate'').
Sec.   80.1613(a).................  Amended to correct typographical
                                     error (``less than 1.0'' replaces
                                     ``1.0 or less'').
Sec.   80.1613(b)(3)..............  Added to clarify that it is a
                                     violation to exceed an additive
                                     manufacturer's recommended
                                     treatment level when doing so would
                                     contribute more than 3 ppm to the
                                     sulfur content of the resulting
                                     finished gasoline.
Sec.   80.1615(d)(1), (d)(2)......  Revised for clarity by moving the
                                     phrase ``From January 1, 2017
                                     through December 31, 2019'' to the
                                     beginning of each paragraph.
Sec.   80.1616(a)(4)..............  Amended to add a ``Reserved''
                                     paragraph (a)(4) to fix numbering
                                     error.
Sec.   80.1616(b)(2)..............  Amended language to clarify that
                                     credits expire on December 31 and
                                     are reported the following March
                                     31.
Sec.   80.1620(d).................  Revised to correct year to 2012.
Sec.   80.1620(e)(1), (e)(2),       Revised to correct dates to 2013.
 (f)(1).
Sec.   80.1621(c), (d)............  Reserved paragraph (c); added
                                     paragraph (d), which was
                                     inadvertently deleted from the
                                     regulations, but is referred to in
                                     the preamble and in Sec.
                                     80.1622(e).
Sec.   80.1640(a)(2)..............  Amended to correct reference from
                                     paragraph (a)(5) to paragraph
                                     (a)(1).
Sec.   80.1642(c)(3)..............  Amended paragraph to correct
                                     typographical errors.
Sec.   80.1650....................  Amended to remove phrase ``whichever
                                     is earlier'' from paragraphs
                                     specifying the dates by which
                                     reports must be submitted, as this
                                     would contradict the ability of
                                     parties to register after the
                                     initial date that parties involved
                                     in a given activity must be
                                     registered.
Sec.   80.1652(c).................  Amended to correct word error
                                     (``producer'' instead of
                                     ``refiner'').
Sec.   80.1667(c)(1)..............  Removed paragraph (c)(1) to match
                                     the intentions of Sec.   80.1615(a)
                                     that refiners--including gasoline
                                     blenders (excluding those specified
                                     in Sec.   80.1615(a)(3))--may
                                     generate Tier 3 credits beginning
                                     in 2014.
------------------------------------------------------------------------


[[Page 8834]]

IV. Small SI Test Fuel and Bonding Provisions

    On June 17, 2013, EPA modified the test procedures for measuring 
exhaust emissions from land-based nonroad small spark-ignition engines 
(small SI engines) to allow for exhaust emission certification testing 
with a test fuel that has 10 percent ethanol as specified by California 
ARB (78 FR 36370). We adopted that provision on an interim basis, 
through model year 2019, with the expectation that we would further 
evaluate the appropriate test fuel for onroad and nonroad applications. 
The Tier 3 motor vehicle emission standards include a new certification 
test fuel specification that is much like California ARB's Phase 3 test 
fuel in that it includes 10 percent ethanol (E10).
    Small SI manufacturers have requested that we address the test fuel 
questions in a way that does not leave them uncertain about 
certification test fuel options starting in model year 2020. While the 
effort to adopt the new EPA nonroad test fuel specification lies ahead, 
we agree with the manufacturers that the new ethanol-based test fuel 
associated with the Tier 3 motor vehicle emission standards allows us 
to take the step of removing the expiration of the provision allowing 
for the use of the similar California ARB Phase 3 test fuel for small 
SI engines. In the future, we expect to go through a rulemaking to 
incorporate EPA's Tier 3 test fuel into the emission programs for small 
spark-ignition engines, including an assessment of how the changing 
test fuel relates to the stringency of the emission standards.
    When we adopted Phase 3 exhaust emission standards for Small SI 
engines in 2008, we included a new set of requirements for 
manufacturers to post a bond as a means of ensuring compliance with 
regulatory requirements (73 FR 59034, October 8, 2008). Manufacturers 
have been complying with the bond requirements since 2010. The bond 
provisions are generally working as expected, but we have found several 
items that we are proposing to adjust or clarify to help with ongoing 
implementation, as follows:
     Clarify that bonds are intended to cover any improperly 
funded compliance obligations relative only to engines that must comply 
with 40 CFR part 1054. The bond provisions are not intended to extend 
to engines that a manufacturer certifies under other EPA programs.
     Specify that small-volume engine manufacturers and small-
volume equipment manufacturers (collectively small-volume 
manufacturers, as defined in 40 CFR 1054.801) are subject to an 
alternate minimum bond value of $25,000, rather than the $500,000 
minimum that applies for other manufacturers. This arrangement has been 
the working policy under the broader allowance specified in Sec.  
1054.635(d). Codifying these terms allows us to streamline the process 
and remove uncertainty for small-volume manufacturers.
     Adopt a cap on the bond value that corresponds to the 
applicable bond-waiver threshold. Since U.S.-based assets are roughly 
analogous to bond values as a measure of our ability to compel 
compliance (or remedy deficiencies) for the different kinds of 
companies, this approach provides a measure of parity or fairness 
between those that must post bond and those that qualify for a bond 
waiver based on their assets in the United States. This is consistent 
with the approach we took on an interim basis to specify a maximum bond 
value of $10 million. The new provision replaces the $10 million cap in 
Sec.  1054.145(o).
     Clarify how bond values may change within a given year, 
and in future years: (1) Bond values may be adjusted for a given year 
any time before the first importation or sale for that year; (2) once a 
bond value is fixed for a given year, that value may not be decreased 
during the year, even if sales volumes are less than anticipated; and 
(3) bond values may be reset with each new year, but these values must 
reflect actual sales volumes for the preceding three years. This 
arrangement allows a manufacturer to take a deliberate approach to 
resetting bond values if sales volumes change substantially over time.
     Change the protocol for adjusting thresholds and bond 
values for inflation. Small, annual changes create confusion and an 
implementation burden, with very small incremental benefit. To 
streamline that process and still account for the cumulative effects of 
inflation, we are specifying that we will adjust the thresholds and 
bond values in 2020, and every ten years after that, using a less 
precise rounding protocol. These changes will not require rulemaking to 
take effect, but we will likely modify the regulation to reflect these 
periodic adjustments.

V. Evaporative Test Procedures for Nonroad Equipment

    We specify evaporative emission standards, test procedures, and 
certification requirements in 40 CFR part 1060. This includes 
measurement procedures for fuel permeation through fuel lines and fuel 
tanks, and for diurnal emissions from fuel tanks. We are proposing the 
following changes to these regulations:
     Clarify that boat builders and other equipment 
manufacturers that install uncertified components are required to 
certify those fuel-system components as if they were component 
manufacturers. The original regulatory language described a requirement 
for equipment manufacturers to certify as equipment manufacturers if 
they were installing uncertified components, but we have found that the 
certification process is most straightforward if we treat them as 
component manufacturers.
     The test procedures originally allowed for manufacturers 
to use good engineering judgment to address technical concerns related 
to measuring emissions from narrow-diameter fuel lines. In 2013, SAE 
published a voluntary consensus standard (SAE J2996) specifying 
measurement procedures for these narrow-diameter fuel lines. We agree 
that the SAE standard reflects good engineering judgment in the effort 
to measure emissions and are therefore incorporating this standard by 
reference in Sec.  1060.515. This alternative SAE standard was designed 
for Small SI products, but it may be used in other applications as 
well; note, however, that U.S. Coast Guard requires measurements based 
on SAE J1527 in some cases. We are including the following 
clarifications and adjustments related to the specified SAE standards 
for all fuel-line permeation testing: (1) The test requires emission 
sampling over a 14-day period; (2) Two days of non-testing per week are 
allowed to accommodate weekend work schedules; (3) To remove any 
ambiguity from the published SAE standards, we are stating in our 
regulations that testing must occur at 23  2 [deg]C; and 
(4) The final test result is based on a simple arithmetic average of 
measured emission values over the 14-day sampling period. These changes 
allow for internal consistency, and generally align with the procedures 
adopted by California ARB. To the extent that there are remaining 
differences, manufacturers may ask for approval to use different 
procedures under Sec.  1060.505(c)(2) or (c)(3).
     Correct a typographical error in the kPa pressure value 
for preconditioning fuel tanks for a permeation measurement. The psi 
value in the regulation is correct.
     Correct the sample calculation for determining an emission 
result from a diurnal emission test.
     Adjust the procedure to account for buoyancy effects in 
tank permeation measurements by replacing the

[[Page 8835]]

requirement to use two identical tanks with a requirement to use a 
second tank that has a total volume that is within 5 percent of the 
test tank's total volume. This will allow manufacturers and test labs 
to rely on a smaller number of stock fuel tanks to make the necessary 
but minor corrections that result from fluctuating atmospheric 
pressure.
     Adjust and clarify diurnal test procedures: (1) Add a 
specification for in-tank thermocouples for tracking fuel temperature 
for testing marine fuel tanks; (2) Replace the hourly profile of fuel 
temperatures with clearer specification about tracking test fuel 
temperature from a specified starting point to a specified (calculated) 
endpoint. The vapor generation should be nearly constant between test 
runs as long as fuel temperature continues to increase from the low 
temperature to the high temperature; (3) Standardize the procedure for 
purging the evaporative canister to prepare for testing based on a 
simulation of the in-use experience; this is based on engine purge for 
land-based applications, and on passive (ambient) purge for marine 
applications. This canister preconditioning is a necessary step to 
establish a known starting point for designing a system that meets the 
diurnal emission standard; and (4) Include temperature tolerance bands 
for the diurnal temperature cycle. Note that we are not proposing or 
requesting comment on changing the test procedure for marine fuel tanks 
to base the temperature profile on ambient temperatures instead of fuel 
temperatures.
     Establish a gravimetric test method for determining mass 
of emissions for tanks with a diurnal emission standard of at least 2.0 
grams of hydrocarbon. Emission test procedures involving an emission 
standard of less than 2.0 grams of hydrocarbon need the more accurate 
measurements available from using a flame ionization detector (FID) 
within a sealed enclosure.

VI. Portable Fuel Containers

    On February 26, 2007, EPA adopted a set of requirements to reduce 
emissions from portable fuel containers (PFC) at 40 CFR part 59, 
subpart F (72 FR 8533). EPA review of PFC designs and discussions with 
PFC manufacturers suggest that the manufacturers may have read the 
provisions of 40 CFR 59, subpart F, too narrowly and that their 
interpretations may have unnecessarily constrained some design 
approaches that may have otherwise allowed for improved in-use 
performance and consumer satisfaction. EPA did not intend to impact 
manufacturer design approaches beyond those deemed by the manufacturer 
as necessary to meet the emission control requirements as otherwise 
specified in 40 CFR part 59, and is including language in this rule to 
clarify regulatory requirements that apply to PFCs. Specifically, the 
revised regulation states that it is allowable for manufacturers to 
design PFCs with vents to relieve pressure, provided that the venting 
device is in place during emission testing, and provided that the 
venting device closes automatically when not in use.
    The proposed modifications to 40 CFR 59, subpart F, do not change 
the regulatory requirements with regard to emission standards and test 
procedures, but better define some elements of design and clarify how 
various approaches would be considered in testing. Upon seeing these 
modifications to the regulations, PFC manufacturers may elect to pursue 
design approaches they deem appropriate, which they may have thought 
were not available to them previously.

VII. MARPOL Annex VI Implementation

    The Act to Prevent Pollution from Ships (APPS) implements the 
provisions of the International Convention for the Prevention of 
Pollution from Ships (MARPOL) Annex VI for the United States (33 U.S.C. 
1901-1912). EPA adopted regulations in 2010 to summarize these 
requirements and to describe engine certification procedures and other 
relevant provisions as specified in APPS (75 FR 22896, April 30, 2010). 
MARPOL Annex VI has been amended since issuance of that Federal 
Register notice to include designation of the North American ECA and 
the U.S. Caribbean Sea ECA and various other changes. We are proposing 
to amend 40 CFR part 1043 in this rulemaking to align the regulations 
with the amendments of MARPOL Annex VI to facilitate stakeholder 
compliance, and to correct certain technical errors.
    First, the most fundamental step in the proposed updates to 40 CFR 
part 1043 is to cite the 2013 publication of MARPOL Annex VI and the 
further amendments concluded at MEPC 66 in April 2014 (see 40 CFR 
1043.100). Likewise, MARPOL Annex VI was recently amended to waive the 
fuel-sulfur requirements for certain steamships until January 1, 2020. 
Part 1043 already includes such a waiver for steamships operating in 
the Great Lakes. We are proposing to codify the additional temporary 
steamship exemption in Sec.  1043.97. Note that covered steamships 
would be required to comply with the relevant sulfur limits when the 
exemption expires on January 1, 2020.
    Second, we inadvertently adopted regulatory language in 40 CFR part 
1043 that differs from the language of Annex VI. For example, we 
originally adopted the provisions in 40 CFR part 1043 with an erroneous 
date, stating that the 0.10% fuel-sulfur standard applies starting 
January 1, 2016, which should be January 1, 2015. The Annex VI 
specification is enforceable with or without this correction in 40 CFR 
part 1043, but we are proposing this change to avoid any possible 
confusion. We also identified the NOX standards based on an 
engine's model year; this should identify the applicability of 
NOX standards based on the build date of new vessels, or on 
the date of major modifications in other circumstances. We are 
proposing to correct these errors in part 1043.
    Third, we are proposing the addition of clarifying language 
relating to public vessels. MARPOL Annex VI exempts public vessels from 
engine standards and fuel requirements. Public vessels are defined as 
``warships, naval auxiliary vessels, and other vessels owned or 
operated by a sovereign country when engaged in noncommercial 
service.'' We want to clarify that any vessel that has a national 
security exemption (for engines or fuel) is automatically considered a 
public vessel.
    Fourth, we are proposing to clarify regulatory provisions to 
address whether or how emission credits apply for EPA certificates and 
EIAPP certificates. Engine manufacturers are interested in getting an 
EPA certificate under 40 CFR part 1042 and an EIAPP certificate under 
40 CFR part 1043 for the same engine. This would allow them maximum 
flexibility in selling engines to boat builders for installation in 
vessels used in domestic or international service. Certification to EPA 
standards under 40 CFR part 1042 allows manufacturers to use emission 
credits to make some engines with emission levels that are above the 
specified standard. MARPOL Annex VI and 40 CFR part 1043 do not have 
such an allowance. We are proposing to modify the regulation to clarify 
that an engine may not be covered by both an EPA certificate and an 
EIAPP certificate if its certification under 40 CFR part 1042 depends 
on using emission credits to allow for an emission level above the 
specified standard. If an engine has emission levels below the 
specified standard and it is used to generate emission credits under 40 
CFR part 1042, this would not disqualify an

[[Page 8836]]

engine from also getting an EIAPP certificate under 40 CFR part 1043.
    Lastly, we are making clarifying edits to the fuels regulations 
under 40 CFR part 80 for MARPOL Annex VI implementation; the table 
below lists these edits. While some of these edits are purely 
corrections to typographical errors, we are also making edits to 
clarify the treatment of fuels under MARPOL Annex VI, Regulation 3 and 
Regulation 4. Regulation 3 authorizes trial programs that involve a 
permit allowing a ship operator to use fuel that exceeds the fuel-
sulfur standards that would otherwise apply. Regulation 4 allows for 
flag states to approve the use of high-sulfur fuel for vessels that are 
equipped with technology that allows for an equivalent level of 
control. Specifically, we are amending the definition of ``ECA marine 
fuel'' at 40 CFR 80.2(ttt) to clarify that vessels with Regulation 3 
permits or Regulation 4 equivalencies can in fact use fuel that exceeds 
the ECA marine fuel sulfur standard. Further, to provide producers, 
distributors, and marketers of fuel for use under a Regulation 3 permit 
or a Regulation 4 equivalency the ability to denote such fuel on their 
PTDs, we are amending 40 CFR 80.590 to provide these parties with 
express PTD statements that may be used in lieu of the statements that 
are currently in the regulations.

    MARPOL Annex VI--Related Amendments to 40 CFR Part 80, Subpart I
------------------------------------------------------------------------
              Section                       Description of change
------------------------------------------------------------------------
Sec.   80.2(ttt)..................  Amended the definition of ECA marine
                                     fuel to clarify that fuel allowed
                                     by MARPOL Annex VI Regulation 3
                                     permits or Regulation 4
                                     equivalencies under 40 CFR part
                                     1043 is not required to meet the
                                     ECA marine fuel requirements.
80.510 section heading............  Amending to clarify that this
                                     section applies to refiners and
                                     importers.
80.510(k) and 80.511(b)(9)........  Amending to clarify that fuel
                                     allowed by Regulation 3 permits or
                                     Regulation 4 equivalencies is not
                                     required to meet the ECA marine
                                     fuel requirements.
Sec.   80.574(b)..................  Amended to update the address for
                                     submitting ECA marine fuel
                                     alternative label requests.
Sec.   80.590(b)..................  Amended to allow for PTD statements
                                     for use with fuel permitted for use
                                     under MARPOL Annex VI Regulation 3,
                                     Regulation 4, or both.
Sec.   80.607 (a), (c), (d), (f)..  Amended to remove references to ECA
                                     marine fuel, as research and
                                     development permits are separate
                                     from Regulation 3 permits under 40
                                     CFR part 1043.
Sec.   80.608(d)..................  Amended to correct minor
                                     typographical errors.
------------------------------------------------------------------------

VIII. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden 
under the PRA, since it merely clarifies and corrects existing 
regulatory language. OMB has previously approved the information 
collection activities contained in the existing regulations and has 
assigned OMB control numbers as noted in the table below.

----------------------------------------------------------------------------------------------------------------
         Regulatory citation                        Item                            OMB Control No.
----------------------------------------------------------------------------------------------------------------
40 CFR part 86.......................  Light-duty vehicle standards.  2060-0104
40 CFR part 86.......................  Heavy-duty vehicle standards.  2060-0287
40 CFR part 86.......................  In-use verification program..  2060-0086
40 CFR part 80.......................  In-use fuel standards........  2060-0437
40 CFR part 1043.....................  MARPOL Annex VI..............  2060-0641
40 CFR part 1054.....................  Small SI exhaust emission      2060-0338
                                        standards.
40 CFR part 1060.....................  Nonroad SI evaporative         2060-0321, 2060-0338
                                        emission standards.
----------------------------------------------------------------------------------------------------------------

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. 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, has no 
net burden or otherwise has a positive economic effect on the small 
entities subject to the rule. This rule merely clarifies and corrects 
existing regulatory language. We therefore anticipate no costs and 
therefore no regulatory burden associated with this rule. We have 
therefore concluded that this action will have no net regulatory burden 
for all directly regulated small entities.

D. Unfunded Mandates Reform Act

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments. Requirements for the private sector do not 
exceed $100 million in any one year.

E. Executive Order 13132: Federalism

    This action 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.

[[Page 8837]]

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

    This action does not have tribal implications as specified in 
Executive Order 13175. This rule merely corrects and clarifies 
regulatory provisions. Tribal governments would be affected only to the 
extent they purchase and use regulated vehicles or engines. Thus, 
Executive Order 13175 does not apply to this action.

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

    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

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

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer Advancement Act

    This action involves technical standards. EPA has decided to use 
the following voluntary consensus standards:

----------------------------------------------------------------------------------------------------------------
              Organization                               Standard                         Available from
----------------------------------------------------------------------------------------------------------------
SAE International.......................  SAE J2996, Small Diameter Fuel Line    www.sae.org
                                           Permeation Test Procedure, Issued
                                           January 2013.
ASTM International......................  ASTM D86-07, Standard Test Method for  www.astm.org
                                           Distillation of Petroleum Products
                                           at Atmospheric Pressure, approved
                                           January 15, 2007.
ASTM International......................  ASTM standard practice D4057-12,       www.astm.org
                                           Standard Practice for Manual
                                           Sampling of Petroleum and Petroleum
                                           Products, approved December 1, 2012.
ASTM International......................  ASTM standard practice D4177-95        www.astm.org
                                           (Reapproved 2010), Standard Practice
                                           for Automatic Sampling of Petroleum
                                           and Petroleum Products, approved May
                                           1, 2010..
ASTM International......................  ASTM standard practice D5842-14,       www.astm.org
                                           Standard Practice for Sampling and
                                           Handling for Fuels for Volatility
                                           Measurement, approved January 15,
                                           2014.
ASTM International......................  ASTM standard practice D6299-13,       www.astm.org
                                           Standard Practice for Applying
                                           Statistical Quality Assurance and
                                           Control Charting Techniques to
                                           Evaluate Analytical Measurement
                                           System Performance, approved October
                                           1, 2013.
----------------------------------------------------------------------------------------------------------------

    This action also involves technical standards for marine diesel 
engines. There are no voluntary consensus documents that address these 
technical standards. EPA has therefore decided to use the following 
standards from the International Maritime Organization:

----------------------------------------------------------------------------------------------------------------
              Organization                               Standard                         Available from
----------------------------------------------------------------------------------------------------------------
International Maritime Organization.....  MARPOL Annex VI, Regulations for the   www.imo.org
                                           Prevention of Pollution from Ships,
                                           Third Edition, 2013.
International Maritime Organization.....  NOx Technical Code 2008, 2013 Edition  www.imo.org
International Maritime Organization.....  Annex 12, Resolution MEPC.251(66)      www.imo.org
                                           from the Report of the Marine
                                           Environment Protection Committee on
                                           its Sixty-Sixth Session, April 25,
                                           2014.
----------------------------------------------------------------------------------------------------------------

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

    This action is not expected to have any adverse human health or 
environmental impacts; as a result, the human health or environmental 
risk addressed by this action will not have potential 
disproportionately high and adverse human health or environmental 
effects on minority, low-income or indigenous populations.

IX. Statutory Provisions and Legal Authority

    Statutory authority for this action comes from 42 U.S.C. 7401-7671q 
and 33 U.S.C. 1901-1912.

List of Subjects

40 CFR Part 59

    Environmental protection, Air pollution control, Confidential 
business information, Labeling, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

40 CFR Part 80

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Confidential Business Information, Diesel fuel, 
Fuel additives, Gasoline, Imports, Incorporation by reference, 
Labeling, Motor vehicle pollution, Penalties, Petroleum, Reporting and 
recordkeeping requirements.

40 CFR Part 85

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Confidential Business Information, Imports, 
Labeling, Motor vehicle pollution, Reporting and recordkeeping 
requirements, Research, Warranties.

40 CFR Part 86

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Confidential Business Information, Imports, 
Labeling, Motor vehicle pollution, Reporting and recordkeeping 
requirements, Warranties.

40 CFR Part 600

    Environmental protection, Administrative practice and procedure, 
Electric power, Fuel economy, Labeling, Reporting and recordkeeping 
requirements.

40 CFR Part 1037

    Environmental protection, Administrative practice and procedure,

[[Page 8838]]

Air pollution control, Confidential business information, Labeling, 
Motor vehicle pollution, Reporting and recordkeeping requirements, 
Warranties.

40 CFR Part 1043

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Imports, Incorporation by reference, Vessels, 
Reporting and recordkeeping requirements.

40 CFR Parts 1051 and 1054

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Confidential business information, Imports, 
Labeling, Penalties, Reporting and recordkeeping requirements, 
Warranties.

40 CFR Part 1060

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Confidential business information, Imports, 
Incorporation by reference, Labeling, Penalties, Reporting and 
recordkeeping requirements, Warranties.

40 CFR Parts 1065 and 1066

    Environmental protection, Administrative practice and procedure, 
Reporting and recordkeeping requirements, Research.

    Dated: February 2, 2015.
Gina McCarthy,
Administrator.
[FR Doc. 2015-02845 Filed 2-18-15; 8:45 am]
BILLING CODE 6560-50-P