Regulation of Fuel and Fuel Additives: Gasoline and Diesel Fuel Test Methods, 16535-16541 [06-3132]
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Federal Register / Vol. 71, No. 63 / Monday, April 3, 2006 / Proposed Rules
earlier than 2 p.m.) if all registered
speakers have had an opportunity to
speak.
Commenters desiring to speak at the
hearing should notify Ms. Pamela Long,
(C539–01), U.S. EPA, Research Triangle
Park, N.C. 27711, long.pam@epa.gov,
(919) 541–0641 by 12 p.m. Eastern time
on April 13, 2006. We request that
commenters contact Ms. Long at U.S.
EPA, Research Triangle Park, N.C.
27711, by e-mail at long.pam@epa.gov,
or by telephone at (919) 541–0641, and
provide the requests to speak at the
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The hearing schedule, including lists
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included in the docket for the
rulemaking.
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The EPA has established the official
public docket for the proposed rule
entitled ‘‘The Treatment of Data
Influenced by Exceptional Events’’
under Docket ID No. EPA–HQ–OAR–
2005–0159. As stated previously, the
proposed rule was published in the
Federal Register on March 10, 2006 (71
FR 12592) and is available at https://
www.epa.gov/ttn/oarpg/t1pfpr.html.
Dated: March 27, 2006.
Gregory Green,
Acting Director, Office of Air Quality Planning
and Standards.
[FR Doc. 06–3154 Filed 3–31–06; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
[EPA–OAR–2005–0048; FRL–8051–9]
RIN 2060–AM42
Regulation of Fuel and Fuel Additives:
Gasoline and Diesel Fuel Test Methods
Environmental Protection
Agency (EPA).
ACTION: Notice of Proposed Rulemaking
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) is proposing to allow
refiners and laboratories to use more
current and improved fuel testing
procedures for five American Society for
Testing and Materials (ASTM) analytical
test methods. Once these test method
changes are adopted, they will
supersede the corresponding earlier
versions of these test methods in EPA’s
motor vehicle fuel regulations. EPA is
also proposing to take action to change
the designated test method for sulfur in
butane. EPA is proposing to replace an
approved ASTM Committee D.16 sulfur
test method with the ASTM Committee
D.02 version of the test method for
gasoline and diesel fuel, and proposing
to allow an additional ASTM test
method for sulfur in gasoline. EPA is
also proposing to remove a September 1,
2004 sunset provision for two
alternative ASTM test methods for
gasoline. Finally, EPA is proposing to
add a new section to the motor vehicle
fuels regulations. This new section
would reference the rounding method in
an ASTM standard practice as the
procedure to follow for rounding a test
result when determining compliance
with EPA’s motor vehicle fuels
standards listed in the regulations. In
the Rules and Regulations section of this
Federal Register, we are taking direct
final rule action on the proposed
amendments because we view these
amendments as noncontroversial and
anticipate no adverse comments. We
have explained our reasons for the
amendments in the preamble to the
direct final rule.
DATES: Comments or a request for a
public hearing must be received on or
before May 3, 2006.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2005–0048, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: a-and-r-Docket@epa.gov
• Fax: (202) 566–1741
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• Mail: ‘‘EPA–HQ–OAR–2005–0048,
Environmental Protection Agency,
Mailcode: 6102T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.’’
• Hand Delivery: EPA/DC, EPA West,
Room B102, 1301 Constitution Ave.,
NW., Washington, DC. Such deliveries
are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2005–
0048. EPA’s policy is that all comments
will be included in the public docket
without change and may be made
available online at https://
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 https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘Aanonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional instructions on
submitting comments, go to Unit 1.B of
the SUPPLEMENTARY INFORMATION section
of this document.
Docket: All documents in the docket
are listed in the https://
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 https://
www.regulations.gov or in hard copy at
the Air Docket, EPA/DC, EPA West,
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Room B102, 1301 Constitution Ave.,
NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding holidays. The Public Reading
Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the Air
Docket is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT: Joe
Sopata, Chemist, Transportation and
Regional Programs Division, Office of
Transportation and Air Quality (6406J),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460; telephone number: (202)
343–9034; fax number: (202) 343–2801;
e-mail address: sopata.joe@epa.gov.
SUPPLEMENTARY INFORMATION: The
contents of today’s preamble are listed
in the following outline.
I. General Information
A. Does This Action Apply to Me?
B. What Should I Consider as I Prepare My
Comments for EPA?
II. Proposed Rule Changes
A. Updating ASTM Test Methods to Their
Most Recent Version
B. Replacing ASTM D 6428–99 With
ASTM D 6920–03
C. Test Method for Sulfur in Butane
D. Additional Alternative Test Method for
Sulfur in Gasoline
E. Removal of Sunset Provision for
Alternative Test Methods
F. Using Rounding When Determining
Conformance With a Fuels Standard
III. Administrative Requirements
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer
Advancement Act
VI. Statutory Provisions and Legal Authority
NAICS codes a
Category
Industry .........................................................................
Industry .........................................................................
Industry .........................................................................
a North
324110
54138
422710,
422720
SIC codes b
2911
8734
5171, 5172
I. General Information
A. Does This Action Apply to Me?
Regulated categories and entities
potentially affected by this proposed
action include those involved with the
production, importation, distribution,
sale and storage of gasoline motor fuel
and diesel motor fuel.
The table below is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this proposed action. This
table lists the types of entities that EPA
is now aware could be potentially
regulated by this proposed action. Other
types of entities not listed in the table
could also be regulated. To determine
whether an entity is regulated by this
proposed action, one should carefully
examine the existing regulations in 40
CFR part 80. If you have questions
regarding the applicability of this
proposed action to a particular entity,
consult the person listed in the
preceding FOR FURTHER INFORMATION
CONTACT section.
Examples of potentially regulated parties
Petroleum refiners.
Testing Laboratories.
Gasoline Marketers and Distributors.
American Industry Classification System (NAICS).
Industrial Classification (SIC) system code.
b Standard
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B. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through EDOCKET,
regulations.gov or e-mail. Clearly mark
the part of all of the information that
you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
i. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
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ii. Follow directions—The agency
may ask you to respond to specific
questions or organize comments
referencing a Code of Federal
Regulations (CFR) part or section
number.
iii. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
iv. Describe any assumptions and
provide any technical information and/
or data that you used.
v. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
vi. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
vii. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
viii. Make sure to submit your
comments by the comment period
deadline identified.
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II. Proposed Rule Changes
A. Updating ASTM Test Methods to
Their Most Recent Version
Refiners, importers and oxygenate
blenders producing gasoline and diesel
motor vehicle fuel are required to test
reformulated gasoline (RFG),
conventional gasoline (CG) and diesel
fuel for various fuel parameters
including sulfur, olefins, aromatics, and
oxygenate content. American Society for
Testing and Materials (ASTM) test
method D2622 is currently a designated
test method for measuring sulfur 1 in
gasoline. ASTM test method D 3120 and
ASTM D 5453 are currently alternative
test methods for measuring sulfur 2 3 in
gasoline. ASTM test method D 1319 is
currently a designated test method for
measuring olefins 4 in gasoline and
aromatics 5 in diesel fuel and is also
allowed as an alternative test method for
measuring aromatics 6 in gasoline.
1 40
CFR 80.46(a)(1).
CFR 80.46(a)(3)(iii).
3 40 CFR 80.46(a)(3)(i).
4 40 CFR 80.46(b).
5 40 CFR 80.2(z).
6 40 CFR 80.46(f)(3).
2 40
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ASTM test method D 4815 is currently
an alternative test method for measuring
oxygenate content 7 in gasoline.
The American Petroleum Institute
(API) recommended in a letter to EPA
that EPA update the ASTM test methods
mentioned above to their most recent
ASTM version.8 API asked EPA to refer
to the 2003 year version of ASTM test
method D 2622 in all references
involving gasoline and diesel fuels
because this version of ASTM D 2622
includes an updated precision statement
as determined in a recent ASTM sulfur
round robin. API also recommended
EPA adopt in the motor vehicle fuels
regulations the 2003a version of ASTM
3120, the 2003a version of ASTM D
5453, the 2003 version of ASTM D1319,
and the 2003 year version of ASTM D
4815.
Table 1 lists the designated analytical
test methods and alternative analytical
test methods which are being proposed
to be updated for parameters measured
under RFG, CG, and diesel fuels
program in today’s action. The Agency
has reviewed these updated ASTM test
methods and we are in agreement with
the revisions contained in them which
will result in improvements in the
utilization of these test methods for the
regulated industry. We believe that the
revisions in the test method changes in
today’s proposed action are not
significant changes that would cause a
user of an older version of the same
method to incur significant costs. All of
the revisions were deemed necessary by
16537
ASTM so that improvements in the test
method’s procedures would ensure
better operation for the user of the test
method. Thus, EPA is proposing today
to update the regulations for the
following ASTM test methods: (1)
ASTM D 2622–03, the designated test
method for measuring sulfur in RFG,
and CG, (2) ASTM D 3120–03a and
ASTM D 5453–03a alternative test
methods for sulfur in gasoline, (3)
ASTM D 1319–03, designated test
method for measuring olefins in
gasoline and aromatics in diesel fuel, as
well as the alternative test method for
measuring aromatics in gasoline, and (4)
ASTM 4815–03, alternative test method
for measuring oxygenate content in
gasoline.
TABLE 1.—DESIGNATED AND ALTERNATIVE ASTM ANALYTICAL TEST METHODS UNDER RFG, CG AND DIESEL MOTOR
VEHICLE FUEL PROGRAMS
Fuel parameter
ASTM analytical test method
Sulfur (gasoline) .......................................................................................
ASTM D 2622–03, entitled ‘‘Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry’’.
ASTM D 5453–03a, entitled, ‘‘Standard Test Method for Determination
of Total Sulfur in Light Hydrocarbons, Motor Fuels and Oils by Ultraviolet Fluorescence’’.
ASTM D 3120–03a, entitled, ‘‘Standard Test Method for Trace Quantities of Sulfur in Light Petroleum Hydrocarbons by Oxidative
Microcoulometry’’.
ASTM D 4815–03, entitled ‘‘Standard Test Method for Determination of
MTBE, ETBE, TAME, DIPE, tertiary-Amyl Alcohol and C1 to C4 Alcohols in Gasoline by Gas Chromatography’’.
ASTM D 1319–03, entitled ‘‘Standard Test Method for Hydrocarbon
Types in Liquid Petroleum Products by Fluorescent Indicator Adsorption’’.
ASTM D 1319–03, entitled, ‘‘Standard Test Method for Hydrocarbon
Types in Liquid Petroleum Products by Fluorescent Indicator Absorption’’, for diesel fuel, this method is the designated test method, for
gasoline, this method is an alternative test method and if used as an
alternative method, its results, must be correlated to ASTM D 5769–
98.
Sulfur (gasoline) .......................................................................................
Sulfur (gasoline) .......................................................................................
Oxygen content (gasoline) .......................................................................
Olefins (gasoline) ......................................................................................
Aromatics (gasoline and diesel) ...............................................................
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B. Replacing ASTM D 6428–99 With
ASTM D 6920–03
Refiners, importers and oxygenate
blenders producing gasoline and diesel
motor vehicle fuels are required to test
RFG, CG and diesel fuel for various fuel
parameters including sulfur content.
ASTM test method D 6428–99 is
currently the designated test method for
measuring the sulfur content of onhighway diesel fuel at the 15 ppm
level9, an alternative test method for
measuring the sulfur content onhighway diesel fuel at the 500 ppm
level10, and an alternative test method
for measuring the sulfur content of
gasoline.11
7 40
CFR 80.46(g)(2).
Air Docket # EPA–HQ–OAR–2005–0048–
8 See
ASTM D 6428–99 was developed by
the ASTM D.16 Committee for Aromatic
Hydrocarbons and Related Chemicals.
ASTM D 6428–99 does not contain a
precision statement in the test method
for its use with gasoline and diesel fuel.
ASTM D.02, the Committee for
Petroleum Products and Lubricants,
recently determined the precision for
this method with respect to gasoline and
diesel fuels, and named the new method
containing the precision statement
ASTM D 6920–03. Since ASTM D 6920–
03 contains precision statements for the
method as it applies to gasoline and
diesel, API requested that EPA refer to
ASTM D 6920–03 in all references with
respect to gasoline and diesel fuel
9 40
CFR 80.580(a)(2).
CFR 80.580(a)(3)(ii).
11 40
CFR 80.46(a)(3)(ii).
Air Docket #EPA–HQ–OAR–2005–0048–
12 See
10 40
0002.
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involving test method ASTM D 6428–
99.12 The Agency has evaluated API’s
request and agrees that since ASTM D
6920–03 contains precision estimates
for use of the method with gasoline and
diesel fuels, ASTM D 6920–03 is more
practical for use with our gasoline and
diesel fuels programs compared to
ASTM D 6428–99. Thus, EPA is
proposing to change the regulations by
replacing ASTM D 6428–99 with ASTM
D 6920–03 for the alternative test
method for measuring the sulfur content
of diesel fuel at the 500 ppm level, and
the alternative test method for
measuring the sulfur content of
gasoline.
0002.
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The regulations state that until
December 27, 2004, for 15 ppm diesel
fuel, regulated parties may use ASTM D
6428–99, the designated test method, or
ASTM D 5453–03a or ASTM D 3120–
03a, two alternative test methods,
provided the alternative test method
results are correlated to the designated
test method. After December 27, 2004,
regulated parties measuring motor
vehicle diesel fuel and fuel additives
subject to the 15 ppm diesel sulfur
standard must qualify their test method
on a site specific basis under the
precision and accuracy criteria specified
in the regulations at 40 CFR 80.584.
Once they have completed this testing,
they must submit their precision and
accuracy results to the Agency for
approval to use their test method as
specified in the regulations at 40 CFR
80.585. Thus, after December 27, 2004,
regulated parties may only use test
methods that have been qualified on a
site specific basis that meet the accuracy
and precision criteria specified in the
regulations at 40 CFR 80.584 and that
have been approved under the process
specified in the regulations at 40 CFR
80.585. The December 27, 2004, date,
provided regulated parties 180 days of
lead time to qualify their test methods
for use at each site for measuring 15
ppm sulfur diesel fuel. Since today’s
proposed rule will be effective after
December 27, 2004, the Agency is
proposing to revise the regulations by
removing the now irrelevant designated
and alternative test method paragraphs
that allow the use of ASTM D 6428–99,
ASTM D 5453–03a, and ASTM D 3120–
03a for 15 ppm sulfur diesel fuel (i.e.,
40 CFR 80.580(b)(1) and 40 CFR
80.580(c)(1)). The regulations will then
only reflect the present situation that all
test methods must qualify under the
precision and accuracy criteria in the
regulations.
C. Test Method for Sulfur in Butane
Certain parties blend butane into
gasoline which has already been
manufactured and certified under EPA
regulations. Effective January 1, 2004,
the parties that blend butane into
already made gasoline were required to
test the butane for sulfur content.13
Currently, ASTM D 3246–96 is the
designated test method for measuring
the sulfur content of butane.
Recently, API said in a letter to EPA
that ASTM D 6667 is more readily
available, more reliable, and a better test
method than ASTM D 3246.14 Thus, API
requested EPA to change the designated
CFR 80.46(a)(2).
14 See Air Docket #EPA–HQ–QAR–2005–0048–
0002.
test method for measuring sulfur in
butane to ASTM D 6667–01, and to
continue to allow ASTM D 3246–96 as
an alternative test method. EPA has
evaluated API’s request on this test
method issue and agrees. Thus, EPA is
proposing to change the regulations
making ASTM D 6667–01 the
designated test method for measuring
the sulfur content of butane.
Additionally, EPA proposes to continue
to allow ASTM test method D 3246–96
as an alternative test method, provided
its test results are correlated to ASTM D
6667–01, the new designated test
method for sulfur in butane.
In the future, EPA intends to establish
a performance-based test method
approach (PBTM) rule which would
provide criteria for the qualification of
alternative test methods. Once a PBTM
rule has been established by the Agency,
ASTM D 3246–96 may qualify under the
PBTM rule’s criteria as an alternative
test method.
D. Additional Alternative Test Method
for Sulfur in Gasoline
Refiners, importers and oxygenate
blenders producing gasoline and diesel
motor vehicle fuel are required to test
RFG, CG and diesel fuel for various fuel
parameters including sulfur. Test
methods for determining sulfur content
are specified in the regulation.
Recently, X–Ray Optical Systems,
Incorporated (XOS) requested in a
letter to EPA that ASTM D 7039–04 be
designated by EPA as an alternative test
method in the regulations for sulfur in
gasoline.15 EPA has evaluated XOS’s
request on this test method issue and
agrees. Thus, EPA is proposing to allow
ASTM D 7039–04 as an alternative test
method in the regulations for sulfur in
gasoline, provided that its results are
correlated to ASTM D 2622. The
allowance of this additional alternative
test method for sulfur in gasoline will
provide the regulated community
additional flexibility in meeting their
testing requirements.
As stated above, EPA plans to
establish a PBTM rule for the
qualification of alternative test methods.
Once this PBTM rule is effective, ASTM
D 7039 may qualify as an alternative test
method under the PBTM’s criteria.
E. Removal of Sunset Provision for
Alternative Test Methods
As explained previously, ASTM D
1319 is an alternative test method for
measuring total aromatics in gasoline,
and ASTM D 4815 is an alternative test
method for measuring oxygenates in
13 40
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15 See Air Docket #EPA–HQ–OAR–2005–0048–
0003.
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gasoline. Both of these alternative
methods have sunset provisions under
which their use as an alternative test
method expired on September 1, 2004.
On June 16, 2004, EPA issued an
enforcement discretion letter allowing
the use of these two alternative test
methods until December 31, 2005, or
until such time that a rulemaking was
promulgated by the Agency to continue
to allow the use of these two alternative
test methods, whichever is earlier.16
Recently, API requested in a letter
that the sunset provisions for these two
alternative test methods be removed
until a PBTM approach for qualifying
analytical test methods is promulgated
by EPA.17 Since EPA believes the use of
these two alternative test methods has
been effective, we are proposing to
continue to allow their use until the
PBTM rule mentioned previously is
promulgated by the Agency. Once a
PBTM rule has been established, these
two alternative test methods may
qualify under the PBTM rule’s criteria.
The proposed rule change that is the
subject of this notice would remove the
current sunset provision of September 1,
2004, for both ASTM D 1319 and ASTM
D 4815 and allow their use as
alternative test methods until a PBTM
rule is established by the Agency.
F. Using Rounding When Determining
Conformance With a Fuels Standard
Refiners, importers and oxygenate
blenders producing gasoline and diesel
motor vehicle fuel are required to test
RFG, CG and diesel fuel for various fuel
parameters to determine compliance
with EPA’s motor vehicle fuels
standards. These fuels standards are
listed in the regulations at 40 CFR part
80.
Each of EPA’s motor vehicle fuel
standards indicates the number of
significant digits which should be
present in an observed measurement
number to be compared to the standard
for the purpose of demonstrating
compliance. The appropriate number of
significant digits to determine
compliance with a fuel standard
regulation or to report on a reporting
form should be determined from the
method outlined in section 3.1 of the
ASTM standard practice E 29–02∈1,
entitled, ‘‘Standard Practice for Using
Significant Digits in Test Data to
Determine Conformance with
Specifications’’. Regulated parties
measuring a fuel parameter to determine
compliance with a fuel standard must
16 See Air Docket #EPA–HQ–QAR–2005–0048–
0004.
17 See Air Docket #EPA–HQ–OAR–2005–0048–
0005.
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report their test result out to the number
of significant digits specified in the
applicable fuel standard. However, a
test method used to measure a certain
fuel parameter may provide more
significant digits in its output than
specified in the standard. When this
situation occurs, the regulated party
should round their test result to
determine if they are in compliance
with the standard. The American
Society for Testing and Materials
(ASTM) has developed the standard
practice, ASTM E 29–02∈1, for this
situation. The rounding method ∈1 18 in
this standard practice provides a
procedure for rounding a test result to
the number of significant digits
specified in some standard. After using
the rounding method specified in ASTM
E 29–02∈1, the regulated party may
compare the resulting number to the
standard to determine whether they are
in compliance.
The Agency has reviewed the
rounding method referenced in the
standard practice ASTM E 29–02∈1, and
we are in agreement with its use for this
purpose. The Agency believes
referencing the Arounding’’ method (as
contrasted with the Aabsolute’’ method)
in this ASTM standard practice in EPA’s
regulations will help to avoid confusion
in the fuels distribution system.
Therefore, EPA is proposing to add a
new section to the motor vehicle fuels
regulations at 40 CFR 80.9. This new
section would reference the rounding
method in ASTM E 29–02∈1. The
rounding method is the procedure to
follow for rounding a test result when
determining compliance with EPA’s
motor vehicle fuels standards listed at
40 CFR Part 80.
In the ‘‘Final Rules’’ section of today’s
Federal Register, we are publishing a
direct final rule that matches the
substance of this proposed rule. If the
Agency receives adverse comment or a
request for public hearing by May 3,
2006, we will withdraw the direct final
rule by publishing a timely withdrawal
notice in the Federal Register. If the
Agency receives no adverse comment or
a request for public hearing by May 3,
2006, these test method changes will be
effective sixty (60) days after
publication of the final rule in the
Federal Register. We are confident that
sixty(60) days is sufficient lead time for
18 The Rounding Method in ASTM E 29–02∈1
applies where it is the intent that a limited number
of digits in an observed value or calculated value
are to be considered significant for purposes of
determining conformance to the number of figures
listed in a fuels standard. The rounded value
should be compared to the specified limit in the
fuels standard, and conformance or nonconformance with the specification in the fuels
standard should be based on this comparison.
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industry to become familiar and
implement these ASTM test methods for
the applications mentioned above.
III. Administrative Requirements
A. Executive Order 12866: Regulatory
Planning and Review
Under Executive Order 12866, (58 FR
51735 (October 4, 1993)) the Agency
must determine whether the regulatory
action is ‘‘significant’’ and therefore
subject to OMB review and the
requirements of the Executive Order.
The Order defines ‘‘significant
regulatory action’’ as one that is likely
to result in a rule that may:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive Order.’’
It has been determined that this rule
is not a ‘‘significant regulatory action’’
under the terms of Executive Order
12866 and is therefore not subject to
OMB review.
B. Paperwork Reduction Act
This proposed rule does not impose
any new information collection burden.
However, the Office of Management and
Budget (OMB), under the provisions of
the Paperwork Reduction Act, 44 U.S.C.
3501 et seq., has approved the
information collection requirements
contained in the final RFG and antidumping rulemaking and gasoline
sulfur control rulemaking, and has
assigned OMB control number 2060–
0277, EPA ICR number 1591.14. OMB,
under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq.,
has also approved the information
collection requirements contained in the
final Tax Exempt (Dyed) Highway
Diesel Fuel rulemaking, and has
assigned OMB control number 2060–
0308, EPA ICR number 1718.03. Copies
of the OMB approved Information
Collection Requests (ICR) may be
obtained from Susan Auby, Collection
Strategies Division; U.S. Environmental
Protection Agency (2822T); 1200
Pennsylvania Ave., NW., Washington,
DC 20460 or by calling (202) 566–1672.
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16539
Burden means the total time, effort, or
financial resources expended by persons
to generate, maintain, retain, or disclose
or provide information to or for a
Federal agency. This includes the time
needed to review instructions; develop,
acquire, install, and utilize technology
and systems for the purposes of
collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
An Agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations are listed
in 40 CFR Part 9 and 48 CFR Chapter
15.
C. Regulatory Flexibility Act (RFA)
The RFA generally requires an agency
to prepare a regulatory flexibility
analysis of any rule subject to notice
and comment rulemaking requirements
under the Administrative Procedure Act
or any other statute unless the agency
certifies that the rule will not have a
significant economic impact on a
substantial number of small entities.
Small entities include small businesses,
small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts
of today’s proposed rule on small
entities, small entity is defined as: (1) A
small business as defined by the Small
Business Administrations’ regulations at
13 CFR 121.201; (2) a small
governmental jurisdiction that is a
government of a city, county, town,
school district or special district with a
population of less than 50,000; and (3)
a small organization that is any not-forprofit enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of today’s proposed rule on
small entities, I certify that this action
would not have a significant economic
impact on a substantial number of small
entities. In determining whether a rule
has a significant economic impact on a
substantial number of small entities, the
impact of concern is any significant
adverse economic impact on small
entities, since the primary purpose of
the regulatory flexibility analyses is to
identify and address regulatory
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alternatives ‘‘which minimize any
significant economic impact of the rule
on small entities.’’ 5 U.S.C. 603 and 604.
Thus, an agency may conclude that a
rule will not have a significant
economic impact on a substantial
number of small entities if the rule
relieves regulatory burden, or otherwise
has a positive economic effect on all of
the small entities subject to the rule.
All of the test method updates in
today’s proposed action will improve
the performance and/or utilization by
industry of the test methods. For the
two alternative test methods, ASTM D
1319 and ASTM D 4815, today’s action
will continue to provide flexibility to
the regulated community. The
allowance of ASTM D 7039–04 will
provide additional flexibility to the
regulated community in meeting sulfur
in gasoline testing requirements.
Referencing the rounding method in
ASTM E 29–02∈1 provides consistent
guidance for the regulated community
when determining whether a test result
is in conformance with our motor
vehicle fuels standards. Finally, for the
measurement of sulfur in butane,
today’s action will provide industry
with a more reliable, more readily
available and better test method. We
have therefore concluded that today’s
proposed rule will relieve regulatory
burden for all small entities. We
continue to be interested in the
potential impacts of this rule on small
entities and welcome comments on
issues related to such impacts.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on state, local,
and tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may
result in expenditures to state, local,
and tribal governments, in the aggregate,
or to the private sector, of $100 million
or more in any one year. Before
promulgating an EPA rule for which a
written statement is needed, section 205
of the UMRA generally requires EPA to
identify and consider a reasonable
number of regulatory alternatives and
adopt the least costly, most costeffective or least burdensome alternative
that achieves the objectives of the rule.
The provisions of section 205 do not
apply when they are inconsistent with
applicable law. Moreover, section 205
allows EPA to adopt an alternative other
than the least costly, most cost-effective
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or least burdensome alternative if the
Administrator publishes with the final
rule an explanation why that alternative
was not adopted. Before EPA establishes
any regulatory requirements that may
significantly or uniquely affect small
governments, including tribal
governments, it must have developed
under section 203 of the UMRA a small
government agency plan. The plan must
provide for notifying potentially
affected small governments, enabling
officials of affected small governments
to have meaningful and timely input in
the development of EPA regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising
small governments on compliance with
the regulatory requirements.
Today’s proposed rule contains no
Federal mandates (under the regulatory
provisions of Title II of the UMRA) for
state, local or tribal governments or the
private sector. The proposed rule would
impose no enforceable duty on any
state, local or tribal governments or the
private sector.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by state
and local officials in the development of
regulatory policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
the Executive Order to include
regulations that have ‘‘substantial direct
effects on the states, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’
This proposed rule does not have
federalism implications. It would not
have substantial direct effects on the
states, on the relationship between the
national government and the states, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. All of the test
method updates in today’s action will
improve the performance and/or
utilization by industry of the test
methods. For the two alternative test
methods, ASTM D 1319 and ASTM D
4815, today’s action will continue to
provide flexibility to the regulated
community. The allowance of ASTM D
7039–04 will provide additional
flexibility to the regulated community
in meeting sulfur in gasoline testing
requirements. Referencing the rounding
method in ASTM E 29–∈1 provides
consistent guidance for the regulated
PO 00000
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Fmt 4702
Sfmt 4702
community when determining whether
a test result is in conformance with our
motor vehicle fuels standards. Finally,
for the measurement of sulfur in butane,
today’s action will provide industry
with a more reliable, more readily
available and better test method. Thus,
Executive Order 13132 does not apply
to this proposed rule.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 6, 2000), requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ ‘‘Policies that have tribal
implications’’ are defined in the
Executive Order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
government and Indian tribes.’’
This proposed rule does not have
tribal implications. It will not have
substantial direct effects on tribal
governments, on the relationship
between the Federal government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal government and Indian tribes,
as specified in Executive Order 13175.
This proposed rule applies to gasoline
refiners, blenders and importers that
supply gasoline or diesel fuel. All of the
test method updates in today’s action
will improve the performance and/or
utilization by industry of the test
methods. The allowance of ASTM D
7039–04 will provide additional
flexibility to the regulated community
in meeting sulfur in gasoline testing
requirements. For the two alternative
test methods, ASTM D 1319 and ASTM
D 4815, today’s action will continue to
provide flexibility to the regulated
community. Referencing the rounding
method in ASTM E 29–02∈1 provides
consistent guidance for the regulated
community when determining whether
a test result is in conformance with our
motor vehicle fuels standards. Finally,
for the measurement of sulfur in butane,
today’s action will provide industry
with a more reliable, more readily
available and better test method. Thus,
Executive Order 13175 does not apply
to this proposed rule.
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Federal Register / Vol. 71, No. 63 / Monday, April 3, 2006 / Proposed Rules
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
Executive Order 13045: Protection of
Children from Environmental health
Risks and Safety Risks (62 FR 19885,
April 23, 1997) applies to any rule that:
(1) Is determined to be ‘‘economically
significant’’ as defined under Executive
Order 12866, and (2) concerns an
environmental health or safety risk that
EPA has reason to believe may have a
disproportionate effect on children. If
the regulatory action meets both criteria,
the Agency must evaluate the
environmental health or safety effects of
the planned rule on children, and
explain why the planned regulation is
preferable to other potentially effective
and reasonably feasible alternatives
considered by the Agency.
EPA interprets Executive Order 13045
as applying only to those regulatory
actions that are based on health or safety
risks, such that the analysis required
under section 5–501 of the Order has
the potential to influence the regulation.
This proposed rule is not subject to
Executive Order 13045 because it does
not establish an environmental standard
intended to mitigate health or safety
risks that may disproportionately affect
children.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This proposed rule is not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001)) because it is not a significant
regulatory action under Executive Order
12866.
cchase on PROD1PC60 with PROPOSALS
I. National Technology Transfer
Advancement Act
16:40 Mar 31, 2006
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IV. Statutory Provisions and Legal
Authority
Statutory authority for today’s
proposed rule comes from sections
211(c), 211(i) and 211(k) of the CAA (42
U.S.C. 7545(c) and (k)). Section 211(c)
and 211(i) allows EPA to regulate fuels
that contribute to air pollution which
endangers public health or welfare, or
which impairs emission control
equipment. Section 211(k) prescribes
requirements for RFG and CG and
requires EPA to promulgate regulations
establishing these requirements.
Additional support for the fuels controls
in today’s rule comes from sections
114(a) and 301(a) of the CAA.
List of Subjects in 40 CFR Part 80
Environmental protection, Air
pollution control, Fuel additives,
Gasoline, Diesel, Imports, Incorporation
by reference, Motor vehicle pollution,
Reporting and recordkeeping
requirements.
Dated: March 24, 2006.
Stephen L. Johnson,
Administrator.
[FR Doc. 06–3132 Filed 3–31–06; 8:45 am]
BILLING CODE 6560–50–P
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary
consensus standards in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by voluntary consensus
standards bodies. The NTTAA directs
EPA to provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards. This
proposed rulemaking involves technical
VerDate Aug<31>2005
standards. EPA proposes to use ASTM
standards as described in Units II.A,
II.B, II.C, II.D and II.F of the
SUPPLEMENTARY INFORMATION section of
this document. All technical standards
included in today’s proposed rule are
standards developed by ASTM, a
voluntary consensus standards body,
and thus raises no issues under the
NTTAA. EPA welcomes comments on
this aspect of the proposed rulemaking
and, specifically, invites the public to
identify potentially-applicable
voluntary consensus standards and to
explain why such standards should be
used in this regulation.
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 544
[Docket No.: NHTSA–2006–24175]
RIN 2127–AJ88
Insurer Reporting Requirements; List
of Insurers Required To File Reports
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: This document proposes to
amend Appendices A, B, and C of 49
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16541
CFR part 544, insurer reporting
requirements. The appendices list those
passenger motor vehicle insurers that
are required to file reports on their
motor vehicle theft loss experiences. An
insurer included in any of these
appendices would be required to file
three copies of its report for the 2003
calendar year before October 25, 2006.
If the passenger motor vehicle insurers
remain listed, they must submit reports
by each subsequent October 25. We are
proposing to add and remove several
insurers from relevant appendices.
DATES: Comments must be submitted
not later than June 2, 2006. Insurers
listed in the appendices are required to
submit reports on or before October 25,
2006.
ADDRESSES: You may submit comments,
identified by docket number: NHTSA–
2006–24175 and/or RIN number: 2127–
AJ88, by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Agency Web Site: https://
dms.dot.gov. Follow the instructions for
submitting comments on the Docket
Management System.
• Fax: (202) 493–2251
• Mail: Dockets, 400 7th Street, SW.,
Washington, DC 20590
• Hand Delivery/Courier: Plaza Level
Room 401, (PL #401), of the Nassif
Building, 400 7th Street, SW.,
Washington, DC 20590. Telephone: 1–
800–647–5527
You may visit the Docket from 10 a.m.
to 5 p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT:
Deborah Mazyck, Office of International
Vehicle, Fuel Economy and Consumer
Standards, NHTSA, 400 Seventh Street,
SW., Washington, DC 20590, by
electronic mail to
deborah.mazyck@nhtsa.dot.gov. Ms.
Mazyck’s telephone number is (202)
366–4139. Her fax number is (202) 493–
2290.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to 49 U.S.C. 33112, Insurer
reports and information, NHTSA
requires certain passenger motor vehicle
insurers to file an annual report with the
agency. Each insurer’s report includes
information about thefts and recoveries
of motor vehicles, the rating rules used
by the insurer to establish premiums for
comprehensive coverage, the actions
taken by the insurer to reduce such
premiums, and the actions taken by the
insurer to reduce or deter theft. Under
the agency’s regulation, 49 CFR Part
544, the following insurers are subject to
the reporting requirements:
E:\FR\FM\03APP1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 63 (Monday, April 3, 2006)]
[Proposed Rules]
[Pages 16535-16541]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3132]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[EPA-OAR-2005-0048; FRL-8051-9]
RIN 2060-AM42
Regulation of Fuel and Fuel Additives: Gasoline and Diesel Fuel
Test Methods
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Proposed Rulemaking
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
allow refiners and laboratories to use more current and improved fuel
testing procedures for five American Society for Testing and Materials
(ASTM) analytical test methods. Once these test method changes are
adopted, they will supersede the corresponding earlier versions of
these test methods in EPA's motor vehicle fuel regulations. EPA is also
proposing to take action to change the designated test method for
sulfur in butane. EPA is proposing to replace an approved ASTM
Committee D.16 sulfur test method with the ASTM Committee D.02 version
of the test method for gasoline and diesel fuel, and proposing to allow
an additional ASTM test method for sulfur in gasoline. EPA is also
proposing to remove a September 1, 2004 sunset provision for two
alternative ASTM test methods for gasoline. Finally, EPA is proposing
to add a new section to the motor vehicle fuels regulations. This new
section would reference the rounding method in an ASTM standard
practice as the procedure to follow for rounding a test result when
determining compliance with EPA's motor vehicle fuels standards listed
in the regulations. In the Rules and Regulations section of this
Federal Register, we are taking direct final rule action on the
proposed amendments because we view these amendments as
noncontroversial and anticipate no adverse comments. We have explained
our reasons for the amendments in the preamble to the direct final
rule.
DATES: Comments or a request for a public hearing must be received on
or before May 3, 2006.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2005-0048, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: a-and-r-Docket@epa.gov
Fax: (202) 566-1741
Mail: ``EPA-HQ-OAR-2005-0048, Environmental Protection
Agency, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC
20460.''
Hand Delivery: EPA/DC, EPA West, Room B102, 1301
Constitution Ave., NW., Washington, DC. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2005-0048. EPA's policy is that all comments will be included in the
public docket without change and may be made available online at http:/
/www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through https://www.regulations.gov or e-
mail. The https://www.regulations.gov Web site is an ``Aanonymous
access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through https://
www.regulations.gov your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional instructions on submitting comments, go to Unit
1.B of the SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the docket are listed in the https://
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 https://www.regulations.gov or in hard copy at the Air Docket, EPA/
DC, EPA West,
[[Page 16536]]
Room B102, 1301 Constitution Ave., NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding holidays. The Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding holidays. The
telephone number for the Public Reading Room is (202) 566-1744, and the
telephone number for the Air Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Joe Sopata, Chemist, Transportation
and Regional Programs Division, Office of Transportation and Air
Quality (6406J), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460; telephone number: (202) 343-9034; fax
number: (202) 343-2801; e-mail address: sopata.joe@epa.gov.
SUPPLEMENTARY INFORMATION: The contents of today's preamble are listed
in the following outline.
I. General Information
A. Does This Action Apply to Me?
B. What Should I Consider as I Prepare My Comments for EPA?
II. Proposed Rule Changes
A. Updating ASTM Test Methods to Their Most Recent Version
B. Replacing ASTM D 6428-99 With ASTM D 6920-03
C. Test Method for Sulfur in Butane
D. Additional Alternative Test Method for Sulfur in Gasoline
E. Removal of Sunset Provision for Alternative Test Methods
F. Using Rounding When Determining Conformance With a Fuels
Standard
III. Administrative Requirements
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
VI. Statutory Provisions and Legal Authority
I. General Information
A. Does This Action Apply to Me?
Regulated categories and entities potentially affected by this
proposed action include those involved with the production,
importation, distribution, sale and storage of gasoline motor fuel and
diesel motor fuel.
The table below is not intended to be exhaustive, but rather
provides a guide for readers regarding entities likely to be regulated
by this proposed action. This table lists the types of entities that
EPA is now aware could be potentially regulated by this proposed
action. Other types of entities not listed in the table could also be
regulated. To determine whether an entity is regulated by this proposed
action, one should carefully examine the existing regulations in 40 CFR
part 80. If you have questions regarding the applicability of this
proposed action to a particular entity, consult the person listed in
the preceding FOR FURTHER INFORMATION CONTACT section.
----------------------------------------------------------------------------------------------------------------
NAICS codes Examples of potentially regulated
Category \a\ SIC codes \b\ parties
----------------------------------------------------------------------------------------------------------------
Industry................................... 324110 2911 Petroleum refiners.
Industry................................... 54138 8734 Testing Laboratories.
Industry................................... 422710, 422720 5171, 5172 Gasoline Marketers and
Distributors.
----------------------------------------------------------------------------------------------------------------
\a\ North American Industry Classification System (NAICS).
\b\ Standard Industrial Classification (SIC) system code.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
EDOCKET, regulations.gov or e-mail. Clearly mark the part of all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
i. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions--The agency may ask you to respond to
specific questions or organize comments referencing a Code of Federal
Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Proposed Rule Changes
A. Updating ASTM Test Methods to Their Most Recent Version
Refiners, importers and oxygenate blenders producing gasoline and
diesel motor vehicle fuel are required to test reformulated gasoline
(RFG), conventional gasoline (CG) and diesel fuel for various fuel
parameters including sulfur, olefins, aromatics, and oxygenate content.
American Society for Testing and Materials (ASTM) test method D2622 is
currently a designated test method for measuring sulfur \1\ in
gasoline. ASTM test method D 3120 and ASTM D 5453 are currently
alternative test methods for measuring sulfur \2\ \3\ in gasoline. ASTM
test method D 1319 is currently a designated test method for measuring
olefins \4\ in gasoline and aromatics \5\ in diesel fuel and is also
allowed as an alternative test method for measuring aromatics \6\ in
gasoline.
[[Page 16537]]
ASTM test method D 4815 is currently an alternative test method for
measuring oxygenate content \7\ in gasoline.
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\1\ 40 CFR 80.46(a)(1).
\2\ 40 CFR 80.46(a)(3)(iii).
\3\ 40 CFR 80.46(a)(3)(i).
\4\ 40 CFR 80.46(b).
\5\ 40 CFR 80.2(z).
\6\ 40 CFR 80.46(f)(3).
\7\ 40 CFR 80.46(g)(2).
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The American Petroleum Institute (API) recommended in a letter to
EPA that EPA update the ASTM test methods mentioned above to their most
recent ASTM version.\8\ API asked EPA to refer to the 2003 year version
of ASTM test method D 2622 in all references involving gasoline and
diesel fuels because this version of ASTM D 2622 includes an updated
precision statement as determined in a recent ASTM sulfur round robin.
API also recommended EPA adopt in the motor vehicle fuels regulations
the 2003a version of ASTM 3120, the 2003a version of ASTM D 5453, the
2003 version of ASTM D1319, and the 2003 year version of ASTM D 4815.
---------------------------------------------------------------------------
\8\ See Air Docket EPA-HQ-OAR-2005-0048-0002.
---------------------------------------------------------------------------
Table 1 lists the designated analytical test methods and
alternative analytical test methods which are being proposed to be
updated for parameters measured under RFG, CG, and diesel fuels program
in today's action. The Agency has reviewed these updated ASTM test
methods and we are in agreement with the revisions contained in them
which will result in improvements in the utilization of these test
methods for the regulated industry. We believe that the revisions in
the test method changes in today's proposed action are not significant
changes that would cause a user of an older version of the same method
to incur significant costs. All of the revisions were deemed necessary
by ASTM so that improvements in the test method's procedures would
ensure better operation for the user of the test method. Thus, EPA is
proposing today to update the regulations for the following ASTM test
methods: (1) ASTM D 2622-03, the designated test method for measuring
sulfur in RFG, and CG, (2) ASTM D 3120-03a and ASTM D 5453-03a
alternative test methods for sulfur in gasoline, (3) ASTM D 1319-03,
designated test method for measuring olefins in gasoline and aromatics
in diesel fuel, as well as the alternative test method for measuring
aromatics in gasoline, and (4) ASTM 4815-03, alternative test method
for measuring oxygenate content in gasoline.
Table 1.--Designated and Alternative ASTM Analytical Test Methods Under
RFG, CG and Diesel Motor Vehicle Fuel Programs
------------------------------------------------------------------------
Fuel parameter ASTM analytical test method
------------------------------------------------------------------------
Sulfur (gasoline)...................... ASTM D 2622-03, entitled
``Standard Test Method for
Sulfur in Petroleum Products
by Wavelength Dispersive X-Ray
Fluorescence Spectrometry''.
Sulfur (gasoline)...................... ASTM D 5453-03a, entitled,
``Standard Test Method for
Determination of Total Sulfur
in Light Hydrocarbons, Motor
Fuels and Oils by Ultraviolet
Fluorescence''.
Sulfur (gasoline)...................... ASTM D 3120-03a, entitled,
``Standard Test Method for
Trace Quantities of Sulfur in
Light Petroleum Hydrocarbons
by Oxidative
Microcoulometry''.
Oxygen content (gasoline).............. ASTM D 4815-03, entitled
``Standard Test Method for
Determination of MTBE, ETBE,
TAME, DIPE, tertiary-Amyl
Alcohol and C1 to C4 Alcohols
in Gasoline by Gas
Chromatography''.
Olefins (gasoline)..................... ASTM D 1319-03, entitled
``Standard Test Method for
Hydrocarbon Types in Liquid
Petroleum Products by
Fluorescent Indicator
Adsorption''.
Aromatics (gasoline and diesel)........ ASTM D 1319-03, entitled,
``Standard Test Method for
Hydrocarbon Types in Liquid
Petroleum Products by
Fluorescent Indicator
Absorption'', for diesel fuel,
this method is the designated
test method, for gasoline,
this method is an alternative
test method and if used as an
alternative method, its
results, must be correlated to
ASTM D 5769-98.
------------------------------------------------------------------------
B. Replacing ASTM D 6428-99 With ASTM D 6920-03
Refiners, importers and oxygenate blenders producing gasoline and
diesel motor vehicle fuels are required to test RFG, CG and diesel fuel
for various fuel parameters including sulfur content. ASTM test method
D 6428-99 is currently the designated test method for measuring the
sulfur content of on-highway diesel fuel at the 15 ppm level\9\, an
alternative test method for measuring the sulfur content on-highway
diesel fuel at the 500 ppm level\10\, and an alternative test method
for measuring the sulfur content of gasoline.\11\
---------------------------------------------------------------------------
\9\ 40 CFR 80.580(a)(2).
\10\ 40 CFR 80.580(a)(3)(ii).
\11\ 40 CFR 80.46(a)(3)(ii).
---------------------------------------------------------------------------
ASTM D 6428-99 was developed by the ASTM D.16 Committee for
Aromatic Hydrocarbons and Related Chemicals. ASTM D 6428-99 does not
contain a precision statement in the test method for its use with
gasoline and diesel fuel. ASTM D.02, the Committee for Petroleum
Products and Lubricants, recently determined the precision for this
method with respect to gasoline and diesel fuels, and named the new
method containing the precision statement ASTM D 6920-03. Since ASTM D
6920-03 contains precision statements for the method as it applies to
gasoline and diesel, API requested that EPA refer to ASTM D 6920-03 in
all references with respect to gasoline and diesel fuel involving test
method ASTM D 6428-99.\12\ The Agency has evaluated API's request and
agrees that since ASTM D 6920-03 contains precision estimates for use
of the method with gasoline and diesel fuels, ASTM D 6920-03 is more
practical for use with our gasoline and diesel fuels programs compared
to ASTM D 6428-99. Thus, EPA is proposing to change the regulations by
replacing ASTM D 6428-99 with ASTM D 6920-03 for the alternative test
method for measuring the sulfur content of diesel fuel at the 500 ppm
level, and the alternative test method for measuring the sulfur content
of gasoline.
---------------------------------------------------------------------------
\12\ See Air Docket EPA-HQ-OAR-2005-0048-0002.
---------------------------------------------------------------------------
[[Page 16538]]
The regulations state that until December 27, 2004, for 15 ppm
diesel fuel, regulated parties may use ASTM D 6428-99, the designated
test method, or ASTM D 5453-03a or ASTM D 3120-03a, two alternative
test methods, provided the alternative test method results are
correlated to the designated test method. After December 27, 2004,
regulated parties measuring motor vehicle diesel fuel and fuel
additives subject to the 15 ppm diesel sulfur standard must qualify
their test method on a site specific basis under the precision and
accuracy criteria specified in the regulations at 40 CFR 80.584. Once
they have completed this testing, they must submit their precision and
accuracy results to the Agency for approval to use their test method as
specified in the regulations at 40 CFR 80.585. Thus, after December 27,
2004, regulated parties may only use test methods that have been
qualified on a site specific basis that meet the accuracy and precision
criteria specified in the regulations at 40 CFR 80.584 and that have
been approved under the process specified in the regulations at 40 CFR
80.585. The December 27, 2004, date, provided regulated parties 180
days of lead time to qualify their test methods for use at each site
for measuring 15 ppm sulfur diesel fuel. Since today's proposed rule
will be effective after December 27, 2004, the Agency is proposing to
revise the regulations by removing the now irrelevant designated and
alternative test method paragraphs that allow the use of ASTM D 6428-
99, ASTM D 5453-03a, and ASTM D 3120-03a for 15 ppm sulfur diesel fuel
(i.e., 40 CFR 80.580(b)(1) and 40 CFR 80.580(c)(1)). The regulations
will then only reflect the present situation that all test methods must
qualify under the precision and accuracy criteria in the regulations.
C. Test Method for Sulfur in Butane
Certain parties blend butane into gasoline which has already been
manufactured and certified under EPA regulations. Effective January 1,
2004, the parties that blend butane into already made gasoline were
required to test the butane for sulfur content.\13\ Currently, ASTM D
3246-96 is the designated test method for measuring the sulfur content
of butane.
---------------------------------------------------------------------------
\13\ 40 CFR 80.46(a)(2).
---------------------------------------------------------------------------
Recently, API said in a letter to EPA that ASTM D 6667 is more
readily available, more reliable, and a better test method than ASTM D
3246.\14\ Thus, API requested EPA to change the designated test method
for measuring sulfur in butane to ASTM D 6667-01, and to continue to
allow ASTM D 3246-96 as an alternative test method. EPA has evaluated
API's request on this test method issue and agrees. Thus, EPA is
proposing to change the regulations making ASTM D 6667-01 the
designated test method for measuring the sulfur content of butane.
Additionally, EPA proposes to continue to allow ASTM test method D
3246-96 as an alternative test method, provided its test results are
correlated to ASTM D 6667-01, the new designated test method for sulfur
in butane.
---------------------------------------------------------------------------
\14\ See Air Docket EPA-HQ-QAR-2005-0048-0002.
---------------------------------------------------------------------------
In the future, EPA intends to establish a performance-based test
method approach (PBTM) rule which would provide criteria for the
qualification of alternative test methods. Once a PBTM rule has been
established by the Agency, ASTM D 3246-96 may qualify under the PBTM
rule's criteria as an alternative test method.
D. Additional Alternative Test Method for Sulfur in Gasoline
Refiners, importers and oxygenate blenders producing gasoline and
diesel motor vehicle fuel are required to test RFG, CG and diesel fuel
for various fuel parameters including sulfur. Test methods for
determining sulfur content are specified in the regulation.
Recently, X-Ray Optical Systems, Incorporated (XOS[supreg])
requested in a letter to EPA that ASTM D 7039-04 be designated by EPA
as an alternative test method in the regulations for sulfur in
gasoline.\15\ EPA has evaluated XOS[supreg]'s request on this test
method issue and agrees. Thus, EPA is proposing to allow ASTM D 7039-04
as an alternative test method in the regulations for sulfur in
gasoline, provided that its results are correlated to ASTM D 2622. The
allowance of this additional alternative test method for sulfur in
gasoline will provide the regulated community additional flexibility in
meeting their testing requirements.
---------------------------------------------------------------------------
\15\ See Air Docket EPA-HQ-OAR-2005-0048-0003.
---------------------------------------------------------------------------
As stated above, EPA plans to establish a PBTM rule for the
qualification of alternative test methods. Once this PBTM rule is
effective, ASTM D 7039 may qualify as an alternative test method under
the PBTM's criteria.
E. Removal of Sunset Provision for Alternative Test Methods
As explained previously, ASTM D 1319 is an alternative test method
for measuring total aromatics in gasoline, and ASTM D 4815 is an
alternative test method for measuring oxygenates in gasoline. Both of
these alternative methods have sunset provisions under which their use
as an alternative test method expired on September 1, 2004. On June 16,
2004, EPA issued an enforcement discretion letter allowing the use of
these two alternative test methods until December 31, 2005, or until
such time that a rulemaking was promulgated by the Agency to continue
to allow the use of these two alternative test methods, whichever is
earlier.\16\
---------------------------------------------------------------------------
\16\ See Air Docket EPA-HQ-QAR-2005-0048-0004.
---------------------------------------------------------------------------
Recently, API requested in a letter that the sunset provisions for
these two alternative test methods be removed until a PBTM approach for
qualifying analytical test methods is promulgated by EPA.\17\ Since EPA
believes the use of these two alternative test methods has been
effective, we are proposing to continue to allow their use until the
PBTM rule mentioned previously is promulgated by the Agency. Once a
PBTM rule has been established, these two alternative test methods may
qualify under the PBTM rule's criteria. The proposed rule change that
is the subject of this notice would remove the current sunset provision
of September 1, 2004, for both ASTM D 1319 and ASTM D 4815 and allow
their use as alternative test methods until a PBTM rule is established
by the Agency.
---------------------------------------------------------------------------
\17\ See Air Docket EPA-HQ-OAR-2005-0048-0005.
---------------------------------------------------------------------------
F. Using Rounding When Determining Conformance With a Fuels Standard
Refiners, importers and oxygenate blenders producing gasoline and
diesel motor vehicle fuel are required to test RFG, CG and diesel fuel
for various fuel parameters to determine compliance with EPA's motor
vehicle fuels standards. These fuels standards are listed in the
regulations at 40 CFR part 80.
Each of EPA's motor vehicle fuel standards indicates the number of
significant digits which should be present in an observed measurement
number to be compared to the standard for the purpose of demonstrating
compliance. The appropriate number of significant digits to determine
compliance with a fuel standard regulation or to report on a reporting
form should be determined from the method outlined in section 3.1 of
the ASTM standard practice E 29-02[isin]1, entitled,
``Standard Practice for Using Significant Digits in Test Data to
Determine Conformance with Specifications''. Regulated parties
measuring a fuel parameter to determine compliance with a fuel standard
must
[[Page 16539]]
report their test result out to the number of significant digits
specified in the applicable fuel standard. However, a test method used
to measure a certain fuel parameter may provide more significant digits
in its output than specified in the standard. When this situation
occurs, the regulated party should round their test result to determine
if they are in compliance with the standard. The American Society for
Testing and Materials (ASTM) has developed the standard practice, ASTM
E 29-02[isin]1, for this situation. The rounding method
[isin]1 \18\ in this standard practice provides a procedure
for rounding a test result to the number of significant digits
specified in some standard. After using the rounding method specified
in ASTM E 29-02[isin]1, the regulated party may compare the
resulting number to the standard to determine whether they are in
compliance.
---------------------------------------------------------------------------
\18\ The Rounding Method in ASTM E 29-02[isin]1
applies where it is the intent that a limited number of digits in an
observed value or calculated value are to be considered significant
for purposes of determining conformance to the number of figures
listed in a fuels standard. The rounded value should be compared to
the specified limit in the fuels standard, and conformance or non-
conformance with the specification in the fuels standard should be
based on this comparison.
---------------------------------------------------------------------------
The Agency has reviewed the rounding method referenced in the
standard practice ASTM E 29-02[isin]1, and we are in
agreement with its use for this purpose. The Agency believes
referencing the Arounding'' method (as contrasted with the Aabsolute''
method) in this ASTM standard practice in EPA's regulations will help
to avoid confusion in the fuels distribution system. Therefore, EPA is
proposing to add a new section to the motor vehicle fuels regulations
at 40 CFR 80.9. This new section would reference the rounding method in
ASTM E 29-02[isin]1. The rounding method is the procedure to
follow for rounding a test result when determining compliance with
EPA's motor vehicle fuels standards listed at 40 CFR Part 80.
In the ``Final Rules'' section of today's Federal Register, we are
publishing a direct final rule that matches the substance of this
proposed rule. If the Agency receives adverse comment or a request for
public hearing by May 3, 2006, we will withdraw the direct final rule
by publishing a timely withdrawal notice in the Federal Register. If
the Agency receives no adverse comment or a request for public hearing
by May 3, 2006, these test method changes will be effective sixty (60)
days after publication of the final rule in the Federal Register. We
are confident that sixty(60) days is sufficient lead time for industry
to become familiar and implement these ASTM test methods for the
applications mentioned above.
III. Administrative Requirements
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866, (58 FR 51735 (October 4, 1993)) the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.''
It has been determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.
B. Paperwork Reduction Act
This proposed rule does not impose any new information collection
burden. However, the Office of Management and Budget (OMB), under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., has
approved the information collection requirements contained in the final
RFG and anti-dumping rulemaking and gasoline sulfur control rulemaking,
and has assigned OMB control number 2060-0277, EPA ICR number 1591.14.
OMB, under the provisions of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq., has also approved the information collection requirements
contained in the final Tax Exempt (Dyed) Highway Diesel Fuel
rulemaking, and has assigned OMB control number 2060-0308, EPA ICR
number 1718.03. Copies of the OMB approved Information Collection
Requests (ICR) may be obtained from Susan Auby, Collection Strategies
Division; U.S. Environmental Protection Agency (2822T); 1200
Pennsylvania Ave., NW., Washington, DC 20460 or by calling (202) 566-
1672.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.
C. Regulatory Flexibility Act (RFA)
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts of today's proposed rule on
small entities, small entity is defined as: (1) A small business as
defined by the Small Business Administrations' regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impacts of today's proposed rule on
small entities, I certify that this action would not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory
[[Page 16540]]
alternatives ``which minimize any significant economic impact of the
rule on small entities.'' 5 U.S.C. 603 and 604. Thus, an agency may
conclude that a rule will not have a significant economic impact on a
substantial number of small entities if the rule relieves regulatory
burden, or otherwise has a positive economic effect on all of the small
entities subject to the rule.
All of the test method updates in today's proposed action will
improve the performance and/or utilization by industry of the test
methods. For the two alternative test methods, ASTM D 1319 and ASTM D
4815, today's action will continue to provide flexibility to the
regulated community. The allowance of ASTM D 7039-04 will provide
additional flexibility to the regulated community in meeting sulfur in
gasoline testing requirements. Referencing the rounding method in ASTM
E 29-02[isin]\1\ provides consistent guidance for the regulated
community when determining whether a test result is in conformance with
our motor vehicle fuels standards. Finally, for the measurement of
sulfur in butane, today's action will provide industry with a more
reliable, more readily available and better test method. We have
therefore concluded that today's proposed rule will relieve regulatory
burden for all small entities. We continue to be interested in the
potential impacts of this rule on small entities and welcome comments
on issues related to such impacts.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on state, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to state, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
Today's proposed rule contains no Federal mandates (under the
regulatory provisions of Title II of the UMRA) for state, local or
tribal governments or the private sector. The proposed rule would
impose no enforceable duty on any state, local or tribal governments or
the private sector.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by state and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the states, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This proposed rule does not have federalism implications. It would
not have substantial direct effects on the states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. All of the test method updates
in today's action will improve the performance and/or utilization by
industry of the test methods. For the two alternative test methods,
ASTM D 1319 and ASTM D 4815, today's action will continue to provide
flexibility to the regulated community. The allowance of ASTM D 7039-04
will provide additional flexibility to the regulated community in
meeting sulfur in gasoline testing requirements. Referencing the
rounding method in ASTM E 29-[isin]\1\ provides consistent guidance for
the regulated community when determining whether a test result is in
conformance with our motor vehicle fuels standards. Finally, for the
measurement of sulfur in butane, today's action will provide industry
with a more reliable, more readily available and better test method.
Thus, Executive Order 13132 does not apply to this proposed rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' are defined in the Executive Order to include
regulations that have ``substantial direct effects on one or more
Indian tribes, on the relationship between the Federal government and
the Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes.''
This proposed rule does not have tribal implications. It will not
have substantial direct effects on tribal governments, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
This proposed rule applies to gasoline refiners, blenders and importers
that supply gasoline or diesel fuel. All of the test method updates in
today's action will improve the performance and/or utilization by
industry of the test methods. The allowance of ASTM D 7039-04 will
provide additional flexibility to the regulated community in meeting
sulfur in gasoline testing requirements. For the two alternative test
methods, ASTM D 1319 and ASTM D 4815, today's action will continue to
provide flexibility to the regulated community. Referencing the
rounding method in ASTM E 29-02[isin]1 provides consistent
guidance for the regulated community when determining whether a test
result is in conformance with our motor vehicle fuels standards.
Finally, for the measurement of sulfur in butane, today's action will
provide industry with a more reliable, more readily available and
better test method. Thus, Executive Order 13175 does not apply to this
proposed rule.
[[Page 16541]]
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045: Protection of Children from Environmental
health Risks and Safety Risks (62 FR 19885, April 23, 1997) applies to
any rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This proposed rule is not
subject to Executive Order 13045 because it does not establish an
environmental standard intended to mitigate health or safety risks that
may disproportionately affect children.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This proposed rule is not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it
is not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards. This
proposed rulemaking involves technical standards. EPA proposes to use
ASTM standards as described in Units II.A, II.B, II.C, II.D and II.F of
the SUPPLEMENTARY INFORMATION section of this document. All technical
standards included in today's proposed rule are standards developed by
ASTM, a voluntary consensus standards body, and thus raises no issues
under the NTTAA. EPA welcomes comments on this aspect of the proposed
rulemaking and, specifically, invites the public to identify
potentially-applicable voluntary consensus standards and to explain why
such standards should be used in this regulation.
IV. Statutory Provisions and Legal Authority
Statutory authority for today's proposed rule comes from sections
211(c), 211(i) and 211(k) of the CAA (42 U.S.C. 7545(c) and (k)).
Section 211(c) and 211(i) allows EPA to regulate fuels that contribute
to air pollution which endangers public health or welfare, or which
impairs emission control equipment. Section 211(k) prescribes
requirements for RFG and CG and requires EPA to promulgate regulations
establishing these requirements. Additional support for the fuels
controls in today's rule comes from sections 114(a) and 301(a) of the
CAA.
List of Subjects in 40 CFR Part 80
Environmental protection, Air pollution control, Fuel additives,
Gasoline, Diesel, Imports, Incorporation by reference, Motor vehicle
pollution, Reporting and recordkeeping requirements.
Dated: March 24, 2006.
Stephen L. Johnson,
Administrator.
[FR Doc. 06-3132 Filed 3-31-06; 8:45 am]
BILLING CODE 6560-50-P
