Regulation of Fuel and Fuel Additives: Gasoline and Diesel Fuel Test Methods, 16492-16500 [06-3133]
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Federal Register / Vol. 71, No. 63 / Monday, April 3, 2006 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD07–06–050]
Drawbridge Operation Regulations;
Venetian Causeway (West)
Drawbridge, Atlantic Intracoastal
Waterway, Mile 1088.6, and Venetian
Causeway (East) drawbridge, Biscayne
Bay, Miami, Miami-Dade County, FL
Coast Guard, DHS.
ACTION: Notice of temporary deviation
from regulations.
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AGENCY:
SUMMARY: The Commander, Seventh
Coast Guard District, has approved a
temporary deviation from the
regulations governing the operation of
the Venetian Causeway (West)
drawbridge, Atlantic Intracoastal
Waterway, mile 1088.6, and Venetian
Causeway (East) drawbridge, Biscayne
Bay, Miami, Miami-Dade County,
Florida. These temporary deviations
allow the Coast Guard to test an
operating schedule with the
drawbridges opening as necessary on a
30-minute schedule from 7 a.m. to 7
p.m., Monday through Friday, except
Federal holidays. This deviation will
allow the Coast Guard to gather data to
determine if these schedules meet the
reasonable needs of navigation while
accommodating vehicle traffic and
whether they should be proposed as
permanent changes.
DATES: These deviations are effective
from 7 a.m. on April 17, 2006 until 7
p.m. on June 14, 2006.
ADDRESSES: Material received from the
public, as well as documents indicated
in this preamble as being available in
the docket [CGD07–06–050] will
become part of this docket and will be
available for inspection or copying at
Commander (dpb), Seventh Coast Guard
District, 909 S.E. 1st Avenue, Room 432,
Miami, Florida 33131–3050 between
7:30 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Michael Lieberum, Project Officer,
Seventh Coast Guard District, Bridge
Branch at (305) 415–6744.
SUPPLEMENTARY INFORMATION: The
Venetian Causeway (West), Atlantic
Intracoastal Waterway, mile 1088.6,
Miami, Miami-Dade County, Florida is a
drawbridge with a vertical clearance of
12 feet above mean high water (MHW)
measured at the fenders in the closed
position with a horizontal clearance of
90 feet. The current operating regulation
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in 33 CFR 117.5 requires that the bridge
shall open on signal.
The Venetian Causeway (East),
Biscayne Bay, Miami, Miami-Dade
County, Florida is a drawbridge with a
vertical clearance of 5 feet above mean
high water (MHW) measured at the
fenders in the closed position and a
horizontal clearance of 57 feet. The
current operating regulation in 33 CFR
117.269 requires that the draw of the
East Span of the Venetian Causeway
bridge, between Miami and Miami
Beach, shall open on signal; except that,
from November 1 through April 30 from
7:15 a.m. to 8:45 a.m. and 4:45 p.m. to
6:15 p.m. Monday through Friday, the
draw need not be opened. However, the
draws shall open at 7:45 a.m., 8:15 a.m.,
5:15 p.m., and 5:45 p.m. if any vessels
are waiting to pass. The draw shall open
on signal on Thanksgiving Day,
Christmas Day, New Year’s Day and
Washington’s Birthday. The draw shall
open at any time for public vessels of
the United States, tugs with tows,
regularly scheduled cruise vessels, and
vessels in distress.
The residents of Venetian Causeway
requested a deviation from the current
operating regulations to allow both
drawbridges (East and West) to open as
necessary on a 30-minute schedule from
7 a.m. to 7 p.m., Monday through
Friday, except Federal holidays, in
order to relieve vehicular traffic delays.
In light of the foregoing, the
Commander, Seventh Coast Guard
District, has granted a temporary
deviation from the operating
requirements listed in 33 CFR 117.5 and
33 CFR 117.269 to test the 30-minute
schedule. Under this deviation, the
Venetian Causeway (West) Drawbridge,
Atlantic Intracoastal Waterway, mile
1088.6, and the Venetian Causeway
(East) drawbridge, Biscayne Bay, Miami,
Miami-Dade County, Florida shall open
as necessary on the hour and half-hour
from 7 a.m. to 7 p.m., Monday through
Friday, except Federal holidays, April
17 through June 14, 2006. Public vessels
of the United States, tugs with tows and
vessels in a situation where a delay
would endanger life or property shall
upon proper signal be passed through
the draw.
Dated: March 14, 2006.
Greg Shapley,
Chief, Bridge Administration, Seventh Coast
Guard District.
[FR Doc. 06–3177 Filed 3–31–06; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
[EPA–OAR–2005–0048; FRL–8052–1]
RIN 2060–AM42
Regulation of Fuel and Fuel Additives:
Gasoline and Diesel Fuel Test Methods
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) is taking direct final
action to allow refiners and laboratories
to use more current and improved fuel
testing procedures for five American
Society for Testing and Materials
(ASTM) analytical test methods. Once
these test method changes are adopted,
they will supersede the corresponding
earlier versions of these test methods in
EPA’s motor vehicle fuel regulations.
EPA is also taking direct final action to
change the designated test method for
sulfur in butane. EPA will take direct
final action to replace an approved
ASTM Committee D.16 sulfur test
method with the ASTM Committee D.02
version of the test method for gasoline
and diesel fuel, and allow an additional
ASTM test method for sulfur in
gasoline. EPA is also taking direct final
action to remove a September 1, 2004
sunset provision for two alternative
ASTM test methods for gasoline.
Finally, EPA is taking direct final action
to add a new section to the motor
vehicle fuels regulations. This new
section would reference the rounding
method in an ASTM standard practice
as the procedure to follow for rounding
a test result when determining
compliance with EPA’s motor vehicle
fuels standards listed in the regulations.
As explained further below in the
preamble of this document, EPA views
these changes as non-controversial and
we anticipate no adverse comment.
DATES: This direct final rule is effective
June 2, 2006, unless EPA receives
adverse comments or a request for
public hearing by May 3, 2006. If the
Agency receives adverse comment or a
request for public hearing, we will
withdraw this direct final rule by
publishing a timely withdrawal notice
in the Federal Register. The
incorporation by reference of certain
publications in this rule is approved by
the Director of the Office of the Federal
Register as of June 2, 2006.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2005–0048, by one of the
following methods:
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• 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 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 www.regulations.gov
or e-mail. The www.regulations.gov
Web site is an ‘‘anonymous access’’
system, which means EPA will not
know your identity or contact
information unless you provide it in the
body of your comment. If you send an
e-mail comment directly to EPA without
going through www.regulations.gov
your e-mail address will be
automatically captured and included as
part of the comment that is placed in the
public docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses. For additional instructions
on submitting comments, go to Unit 1.B
of the SUPPLEMENTARY INFORMATION
section of this document.
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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,
Room B102, 1301 Constitution Ave.,
NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding holidays. The Public Reading
Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the
telephone number for the Air Docket is
(202) 566–1742.
FOR FURTHER INFORMATION CONTACT: Joe
Sopata, Chemist, Transportation and
Regional Programs Division, Office of
Transportation and Air Quality (6406J),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460; telephone number: (202)
343–9034; fax number: (202) 343–2801;
e-mail address: sopata.joe@epa.gov.
SUPPLEMENTARY INFORMATION: EPA is
publishing this rule without prior
proposal because we view this as a
noncontroversial amendment and
anticipate no adverse comment.
However, in the ‘‘Proposed Rules’’
section of today’s Federal Register
publication, we are publishing a
separate document that will serve as the
proposal if adverse comments are filed.
This rule will be effective on June 2,
2006 without further notice unless we
receive adverse comment by May 3,
2006. If EPA receives adverse comment,
we will publish a timely withdrawal in
the Federal Register informing the
public that the rule will not take effect.
We will address all public comments in
a subsequent final rule based on the
proposed rule. We will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time.
The contents of today’s preamble are
listed in the following outline.
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16493
I. General Information
A. Does This Action Apply to Me?
B. What Should I Consider as I Prepare My
Comments for EPA?
II. Rule Changes
A. Updating ASTM Test Methods to Their
Most Recent Version
B. Replacing ASTM D 6428–99 with ASTM
D 6920–03
C. Test Method for Sulfur in Butane
D. Additional Alternative Test Method for
Sulfur in Gasoline
E. Removal of Sunset Provision for
Alternative Test Methods
F. Using Rounding When Determining
Conformance With a Fuels Standard
III. Administrative Requirements
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health &
Safety Risks
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer
Advancement Act
J. Congressional Review Act
VI. Statutory Provisions and Legal Authority
I. General Information
A. Does This Action Apply to Me?
Regulated categories and entities
potentially affected by this action
include those involved with the
production, importation, distribution,
sale and storage of gasoline motor fuel
and diesel motor fuel.
The table below is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this action. This table lists
the types of entities that EPA is now
aware could be potentially regulated by
this action. Other types of entities not
listed in the table could also be
regulated. To determine whether an
entity is regulated by this action, one
should carefully examine the existing
regulations in 40 CFR part 80. If you
have questions regarding the
applicability of this action to a
particular entity, consult the person
listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
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NAICSs
codes a
Category
Industry .............................................................................
Industry .............................................................................
Industry .............................................................................
a North
324110
54138
422710
422720
SIC codes b
2911
8734
5171
5172
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
B. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through EDOCKET,
regulations.gov or e-mail. Clearly mark
the part of all of the information that
you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
i. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
ii. Follow directions—The agency
may ask you to respond to specific
questions or organize comments
referencing a Code of Federal
Regulations (CFR) part or section
number.
iii. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
iv. Describe any assumptions and
provide any technical information and/
or data that you used.
v. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
vi. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
vii. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
viii. Make sure to submit your
comments by the comment period
deadline identified.
II. Rule Changes
A. Updating ASTM Test Methods to
Their Most Recent Version
Refiners, importers and oxygenate
blenders producing gasoline and diesel
motor vehicle fuel are required to test
reformulated gasoline (RFG),
conventional gasoline (CG) and diesel
fuel for various fuel parameters
including sulfur, olefins, aromatics, and
oxygenate content. American Society for
Testing and Materials (ASTM) test
method D2622 is currently a designated
test method for measuring sulfur 1 in
gasoline. ASTM test method D 3120 and
ASTM D 5453 are currently alternative
test methods for measuring sulfur 2 3 in
gasoline. ASTM test method D 1319 is
currently a designated test method for
measuring olefins 4 in gasoline and
aromatics 5 in diesel fuel and is also
allowed as an alternative test method for
measuring aromatics 6 in gasoline.
ASTM test method D 4815 is currently
an alternative test method for measuring
oxygenate content 7 in gasoline.
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 updated
for parameters measured under RFG,
CG, and diesel fuels program in today’s
action. The Agency has reviewed these
updated ASTM test methods and we are
in agreement with the revisions
contained in them which will result in
improvements in the utilization of these
test methods for the regulated industry.
We believe that the revisions in the test
method changes in today’s action are
not significant changes that would cause
a user of an older version of the same
method to incur significant costs. All of
the revisions were deemed necessary by
ASTM so that improvements in the test
method’s procedures would ensure
better operation for the user of the test
method. Thus, EPA is taking action
today to update the regulations for the
following ASTM test methods: (1)
ASTM D 2622–03, the designated test
method for measuring sulfur in RFG,
and CG, (2) ASTM D 3120–03a and
ASTM D 5453–03a alternative test
methods for sulfur in gasoline, (3)
ASTM D 1319–03, designated test
method for measuring olefins in
gasoline and aromatics in diesel fuel, as
well as the alternative test method for
measuring aromatics in gasoline, and (4)
ASTM 4815–03, alternative test method
for measuring oxygenate content in
gasoline.
TABLE 1.—DESIGNATED AND ALTERNATIVE ASTM ANALYTICAL TEST METHODS UNDER RFG, CG AND DIESEL MOTOR
VEHICLE FUEL PROGRAMS
ASTM analytical test method
Sulfur (gasoline) .......................................................................................
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Fuel parameter
ASTM D 2622–03, entitled ‘‘Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry’’.
1 40
4 40
7 40
2 40
CFR 80.46(a)(1).
CFR 80.46(a)(3)(iii).
3 40 CFR 80.46(a)(3)(i).
5 40
8 See
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CFR 80.46(b).
CFR 80.2(z).
6 40 CFR 80.46(f)(3).
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CFR 80.46(g)(2).
Air Docket # EPA–HQ–OAR–2005–0048–
0002.
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16495
TABLE 1.—DESIGNATED AND ALTERNATIVE ASTM ANALYTICAL TEST METHODS UNDER RFG, CG AND DIESEL MOTOR
VEHICLE FUEL PROGRAMS—Continued
Fuel parameter
ASTM analytical test method
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’’.
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) .......................................................................................
Oxygen content (gasoline) .......................................................................
Olefins (gasoline) ......................................................................................
Aromatics (gasoline and diesel) ...............................................................
B. Replacing ASTM D 6428–99 With
ASTM D 6920–03
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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
level 9, an alternative test method for
measuring the sulfur content onhighway diesel fuel at the 500 ppm
level 10, and an alternative test method
for measuring the sulfur content of
gasoline.11
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
9 40
CFR 80.580(a)(2).
CFR 80.580(a)(3)(ii).
11 40 CFR 80.46(a)(3)(ii).
12 See Air Docket #EPA–HQ–OAR–2005–0048–
0002.
10 40
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for use of the method with gasoline and
diesel fuels, ASTM D 6920–03 is more
practical for use with our gasoline and
diesel fuels programs compared to
ASTM D 6428–99. Thus, EPA is
changing the regulations by replacing
ASTM D 6428–99 with ASTM D 6920–
03 for the alternative test method for
measuring the sulfur content of diesel
fuel at the 500 ppm level, and the
alternative test method for measuring
the sulfur content of gasoline.
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
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ppm sulfur diesel fuel. Since today’s
rule will be effective after December 27,
2004, the Agency is revising the
regulations by removing the now
irrelevant designated and alternative
test method paragraphs that allow the
use of ASTM D 6428–99, ASTM D
5453–03a, and ASTM D 3120–03a for 15
ppm sulfur diesel fuel (i.e., 40 CFR
80.580(b)(1) and 40 CFR 80.580(c)(1)).
The regulations will then only reflect
the present situation in the regulations
that all test methods must qualify under
the precision and accuracy criteria in
the regulations.
C. Test Method for Sulfur in Butane
Certain parties blend butane into
gasoline which has already been
manufactured and certified under EPA
regulations. Effective January 1, 2004,
the parties that blend butane into
already made gasoline were required to
test the butane for sulfur content.13
Currently, ASTM D 3246–96 is the
designated test method for measuring
the sulfur content of butane.
Recently, API said in a letter to EPA
that ASTM D 6667 is more readily
available, more reliable, and a better test
method than ASTM D 3246.14 Thus, API
requested EPA to change the designated
test method for measuring sulfur in
butane to ASTM D 6667–01, and to
continue to allow ASTM D 3246–96 as
an alternative test method. EPA has
evaluated API’s request on this test
method issue and agrees. Thus, EPA is
taking action to change the regulations
making ASTM D 6667–01 the
designated test method for measuring
13 40
CFR 80.46(a)(2).
Air Docket #EPA–HQ–OAR–2005–0048–
14 See
0002.
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the sulfur content of butane.
Additionally, ASTM test method D
3246–96 will continue to be allowed as
an alternative test method, provided its
test results are correlated to ASTM D
6667–01, the designated test method for
sulfur in butane.
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.
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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 taking action to
allow ASTM D 7039–04 as an
alternative test method in the
regulations for sulfur in gasoline,
provided that its results are correlated to
ASTM D 2622. The allowance of this
additional alternative test method for
sulfur in gasoline will provide the
regulated community additional
flexibility in meeting their testing
requirements.
As stated above, EPA plans to
establish a PBTM rule for the
qualification of alternative test methods.
Once this PBTM rule is effective, ASTM
D 7039 may qualify as an alternative test
method under the PBTM rule’s criteria.
E. Removal of Sunset Provision for
Alternative Test Methods
As explained previously, ASTM D
1319 is an alternative test method for
measuring total aromatics in gasoline,
and ASTM D 4815 is an alternative test
method for measuring oxygenates in
gasoline. Both of these alternative
methods have sunset provisions under
which their use as an alternative test
method expired on September 1, 2004.
On June 16, 2004, EPA issued an
enforcement discretion letter allowing
the use of these two alternative test
methods until December 31, 2005, or
15 See Air Docket #EPA–HQ–OAR–2005–0048–
0003.
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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 continuing to
allow their use until the PBTM rule
mentioned previously is promulgated by
the Agency. Once a PBTM rule has been
established, these two alternative test
methods may qualify under the PBTM
rule’s criteria. The rule change that is
the subject of this notice would remove
the current sunset provision of
September 1, 2004, for both ASTM D
1319 and ASTM D 4815 and allow their
use as alternative test methods until a
PBTM rule is established by the Agency.
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
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
16 See Air Docket #EPA–HQ–OAR–2005–0048–
0004.
17 See Air Docket #EPA–HQ–OAR–2005–0048–
0005.
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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 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 ‘‘rounding’’ method (as
contrasted with the ‘‘absolute’’ method)
in this ASTM standard practice in EPA’s
regulations will help to avoid confusion
in the fuels distribution system.
Therefore, EPA is adding a new section
to the motor vehicle fuels regulations at
40 CFR 80.9. This new section would
reference the rounding method in
ASTM E 29–02∈1. The rounding method
is the procedure to follow for rounding
a test result when determining
compliance with EPA’s motor vehicle
fuels standards listed at 40 CFR part 80.
In the ‘‘Proposed Rules’’ section of
today’s Federal Register, we are
publishing a proposed rule that matches
the substance of this direct final rule. If
the Agency receives adverse comment
or a request for public hearing by May
3, 2006, we will withdraw the direct
final rule by publishing a timely
withdrawal notice in the Federal
Register. If the Agency receives no
adverse comment or a request for public
hearing by May 3, 2006, these test
method changes will be effective sixty
(60) days after publication of this direct
final rule in the Federal Register. We
are confident that sixty(60) days is
sufficient lead time for industry to
become familiar and implement these
ASTM test methods changes for the
applications mentioned above.
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 be based on this comparison.
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III. Administrative Requirements
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A. Executive Order 12866: Regulatory
Planning and Review
Under Executive Order 12866, (58 FR
51735 (October 4, 1993)) the Agency
must determine whether the regulatory
action is ‘‘significant’’ and therefore
subject to OMB review and the
requirements of the Executive Order.
The Order defines ‘‘significant
regulatory action’’ as one that is likely
to result in a rule that may:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive Order.’’
It has been determined that this rule
is not a ‘‘significant regulatory action’’
under the terms of Executive Order
12866 and is therefore not subject to
OMB review.
B. Paperwork Reduction Act
This action does not impose any new
information collection burden.
However, the Office of Management and
Budget (OMB), under the provisions of
the Paperwork Reduction Act, 44 U.S.C.
3501 et seq., has approved the
information collection requirements
contained in the final RFG and 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.
Burden means the total time, effort, or
financial resources expended by persons
to generate, maintain, retain, or disclose
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or provide information to or for a
Federal agency. This includes the time
needed to review instructions; develop,
acquire, install, and utilize technology
and systems for the purposes of
collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
An Agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations are listed
in 40 CFR Part 9 and 48 CFR Chapter
15.
C. Regulatory Flexibility Act (RFA)
The RFA generally requires an agency
to prepare a regulatory flexibility
analysis of any rule subject to notice
and comment rulemaking requirements
under the Administrative Procedure Act
or any other statute unless the agency
certifies that the rule will not have a
significant economic impact on a
substantial number of small entities.
Small entities include small businesses,
small organizations, and small
governmental jurisdictions. EPA has
determined that it is not necessary to
prepare a regulatory flexibility analysis
in connection with this final rule.
For purposes of assessing the impacts
of today’s direct final rule on small
entities, small entity is defined as: (1) A
small business as defined by the Small
Business Administrations’ regulations at
13 CFR 121.201; (2) a small
governmental jurisdiction that is a
government of a city, county, town,
school district or special district with a
population of less than 50,000; and (3)
a small organization that is any not-forprofit enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of today’s direct final rule on
small entities, EPA has concluded that
this action would not have a significant
economic impact on a substantial
number of small entities. In determining
whether a rule has a significant
economic impact on a substantial
number of small entities, the impact of
concern is any significant adverse
economic impact on small entities,
since the primary purpose of the
regulatory flexibility analyses is to
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16497
identify and address regulatory
alternatives ‘‘which minimize any
significant economic impact of the rule
on small entities.’’ 5 U.S.C. 603 and 604.
Thus, an agency may conclude that a
rule will not have a significant
economic impact on a substantial
number of small entities if the rule
relieves regulatory burden, or otherwise
has a positive economic effect on all of
the small entities subject to the rule.
All of the test method updates in
today’s action will improve the
performance and/or utilization by
industry of the test methods. For the
two alternative test methods, ASTM D
1319 and ASTM D 4815, today’s action
will continue to provide flexibility to
the regulated community. The
allowance of ASTM D 7039–04 will
provide additional flexibility to the
regulated community in meeting sulfur
in gasoline testing requirements.
Referencing the rounding method in
ASTM E 29–02∈1 provides consistent
guidance for the regulated community
when determining whether a test result
is in conformance with our motor
vehicle fuels standards. Finally, for the
measurement of sulfur in butane,
today’s action will provide industry
with a more reliable, more readily
available and better test method. We
have therefore concluded that today’s
rule will relieve regulatory burden for
all small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on state, local,
and tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may
result in expenditures to State, local,
and tribal governments, in the aggregate,
or to the private sector, of $100 million
or more in any one year. Before
promulgating an EPA rule for which a
written statement is needed, section 205
of the UMRA generally requires EPA to
identify and consider a reasonable
number of regulatory alternatives and
adopt the least costly, most 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
or least burdensome alternative if the
Administrator publishes with the final
rule an explanation why that alternative
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was not adopted. Before EPA establishes
any regulatory requirements that may
significantly or uniquely affect small
governments, including tribal
governments, it must have developed
under section 203 of the UMRA a small
government agency plan. The plan must
provide for notifying potentially
affected small governments, enabling
officials of affected small governments
to have meaningful and timely input in
the development of EPA regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising
small governments on compliance with
the regulatory requirements.
Today’s direct final rule contains no
Federal mandates (under the regulatory
provisions of Title II of the UMRA) for
state, local or tribal governments or the
private sector. The rule would impose
no enforceable duty on any State, local
or tribal governments or the private
sector.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by state
and local officials in the development of
regulatory policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
the Executive Order to include
regulations that have ‘‘substantial direct
effects on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’
This direct final rule does not have
federalism implications. It would not
have substantial direct effects on the
states, on the relationship between the
National Government and the states, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. All of the test
method updates in today’s action will
improve the performance and/or
utilization by industry of the test
methods. For the two alternative test
methods, ASTM D 1319 and ASTM D
4815, today’s action will continue to
provide flexibility to the regulated
community. The allowance of ASTM D
7039–04 will provide additional
flexibility to the regulated community
in meeting sulfur in gasoline testing
requirements. Referencing the rounding
method in ASTM E 29–02∈1 provides
consistent guidance for the regulated
community when determining whether
a test result is in conformance with our
motor vehicle fuels standards. Finally,
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for the measurement of sulfur in butane,
today’s action will provide industry
with a more reliable, more readily
available and better test method. Thus,
Executive Order 13132 does not apply
to this direct final rule.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 6, 2000), requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ ‘‘Policies that have tribal
implications’’ are defined in the
Executive Order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
Government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian tribes.’’
This direct final rule does not have
tribal implications. It will not have
substantial direct effects on tribal
governments, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified in Executive Order 13175.
This direct final rule applies to gasoline
refiners, blenders and importers that
supply gasoline or diesel fuel. All of the
test method updates in today’s action
will improve the performance and/or
utilization by industry of the test
methods. For the two alternative test
methods, ASTM D 1319 and ASTM D
4815, today’s action will continue to
provide flexibility to the regulated
community. The allowance of ASTM D
7039–04 will provide additional
flexibility to the regulated community
in meeting sulfur in gasoline testing
requirements. Referencing the rounding
method in ASTM E 29–02∈1 provides
consistent guidance for the regulated
community when determining whether
a test result is in conformance with our
motor vehicle fuels standards. Finally,
for the measurement of sulfur in butane,
today’s action will provide industry
with a more reliable, more readily
available and better test method. Thus,
Executive Order 13175 does not apply
to this direct final rule.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
Executive Order 13045: Protection of
Children from Environmental health
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Risks and Safety Risks (62 FR 19885,
April 23, 1997) applies to any rule that:
(1) Is determined to be ‘‘economically
significant’’ as defined under Executive
Order 12866, and (2) concerns an
environmental health or safety risk that
EPA has reason to believe may have a
disproportionate effect on children. If
the regulatory action meets both criteria,
the Agency must evaluate the
environmental health or safety effects of
the planned rule on children, and
explain why the planned regulation is
preferable to other potentially effective
and reasonably feasible alternatives
considered by the Agency.
EPA interprets Executive Order 13045
as applying only to those regulatory
actions that are based on health or safety
risks, such that the analysis required
under section 5–501 of the Order has
the potential to influence the regulation.
This rule is not subject to Executive
Order 13045 because it does not
establish an environmental standard
intended to mitigate health or safety
risks that may disproportionately affect
children.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This direct final rule is not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001)) because it is not a significant
regulatory action under Executive Order
12866.
I. National Technology Transfer
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary
consensus standards in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by voluntary consensus
standards bodies. The NTTAA directs
EPA to provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards. This
rulemaking involves technical
standards. EPA has decided to use
ASTM standards as described in Units
II.A, II.B, II.C, II.D and II.F of the
SUPPLEMENTARY INFORMATION section of
this document. All technical standards
included in today’s rule are standards
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developed by ASTM, a voluntary
consensus standards body, and thus
raises no issues under the NTTAA.
Subpart A—[Amended]
2. Section 80.2 is amended by revising
paragraph (z) to read as follows:
I
J. Congressional Review Act
§ 80.2
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A ‘‘major rule’’
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(a).
VI. Statutory provisions and Legal
Authority
Statutory authority for today’s direct
final rule comes from sections 211(c),
211(i) and 211(k) of the CAA (42.U.S.C.
7545(c) and (k)). Section 211(c) and
211(i) allows EPA to regulate fuels that
contribute to air pollution which
endangers public health or welfare, or
which impairs emission control
equipment. Section 211(k) prescribes
requirements for RFG and CG and
requires EPA to promulgate regulations
establishing these requirements.
Additional support for the fuels controls
in today’s rule comes from sections
114(a) and 301(a) of the CAA.
List of Subjects in 40 CFR Part 80
Environmental protection, Air
pollution control, Fuel additives,
Gasoline, Diesel, Imports, Incorporation
by reference, Motor vehicle pollution,
Reporting and recordkeeping
requirements.
Dated: March 24, 2006.
Stephen L. Johnson,
Administrator.
For the reasons set forth in the
preamble, part 80 of title 40, chapter I
of the Code of Federal Regulations is
amended as follows:
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PART 80—REGULATION OF FUELS
AND FUEL ADDITIVES
1. The authority citation for part 80
continues to read as follows:
I
Authority: 42 U.S.C. 7414, 7545 and
7601(a).
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Definitions.
*
*
*
*
*
(z) Aromatic content is the aromatic
hydrocarbon content in volume percent
as determined by ASTM standard test
method D 1319–03, entitled, ‘‘Standard
Test Method for Hydrocarbon Types in
Liquid Petroleum Products by
Fluorescent Indicator Adsorption’’.
ASTM test method D 1319–03 is
incorporated by reference. This
incorporation by reference was
approved by the Director of the Federal
Register in accordance 5 U.S.C. 552(a)
and 1 CFR part 51. Copies may be
obtained from the American Society for
Testing and Materials, 100 Barr Harbor
Dr., West Conshohocken, PA 19428–
2959. Copies may be inspected at the
Air Docket, EPA/DC, EPA West, Room
B102, 1301 Constitution Ave., NW.,
Washington, DC, or at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call 202–741–6030 or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
*
*
*
*
*
I 3. Section 80.9 is added to Subpart A
to read as follows:
§ 80.9 Rounding a test result for
determining conformance with a fuels
standard.
(a) For purposes of determining
compliance with the fuel standards of
40 CFR part 80, a test result will be
rounded to the nearest unit of
significant digits specified in the
applicable fuel standard in accordance
with the rounding method described in
the ASTM standard practice, ASTM E
29–02∈1, entitled, ‘‘Standard Practice for
Using Significant Digits in Test Data to
Determine Conformance with
Specifications’’.
(b) ASTM standard practice, E 29–
02∈1 is incorporated by reference. This
incorporation by reference was
approved by the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. A copy may
be obtained from the American Society
for Testing and Materials, 100 Barr
Harbor Dr., West Conshohocken, PA
19428–2959. Copies may be inspected at
the Air Docket, EPA/DC, EPA West,
Room B102, 1301 Constitution Ave.,
NW., Washington, DC, or at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
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16499
call 202–741–6030 or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
*
*
*
*
*
Subpart D—[Amended]
4. Section 80.46 is amended as
follows:
I a. By revising paragraphs (a)(1), (a)(2),
(a)(3)(i) through (a)(3)(iii) and (a)(4).
I b. By adding paragraph (a)(3)(iv).
I c. Revising paragraph (b).
I d. Revising paragraph (f)(3)(i).
I e. Revising paragraph (g)(2)(i).
I f. Revising paragraph (h).
I
§ 80.46 Measurement of reformulated
gasoline fuel parameters.
(a) * * *
(1) The sulfur content of gasoline
must be determined by use of American
Society for Testing and Materials
(ASTM) standard method D 2622–03,
entitled ‘‘Standard Test Method for
Sulfur in Petroleum Products by
Wavelength Dispersive X–Ray
Fluorescence Spectrometry’’ or by one
of the alternative method specified in
paragraph (a)(3) of this section.
(2) Beginning January 1, 2004, the
sulfur content of butane must be
determined by the use of ASTM
standard test method D 6667–01,
entitled, ‘‘Standard Test Method for
Determination of Total Volatile Sulfur
in Gaseous Hydrocarbons and Liquefied
Petroleum Gases by Ultraviolet
Fluorescence’’ or by the alternative
method specified in paragraph (a)(4) of
this section.
(3) * * *
(i) ASTM standard method D 5453–
03a, entitled, ‘‘Standard Test Method for
Determination of Total Sulfur in Light
Hyrdocarbons, Motor Fuels and Motor
Oils by Ultraviolet Fluorescence,’’ or
(ii) ASTM standard method D 6920–
03, entitled, ‘‘Standard Test Method for
Total Sulfur in Naphthas, Distillates,
Reformulated Gasolines, Diesels,
Biodiesels, and Motor Fuels by
Oxidative Combustion and
Electrochemical Detection,’’ or
(iii) ASTM standard method D 3120–
03a, entitled, ‘‘Standard Test Method for
Trace Quantities of Sulfur in Light
Liquid Petroleum Hydrocarbons by
Oxidative Microcoulometry.’’
(iv) ASTM standard method D 7039–
04, entitled, ‘‘Standard Test Method for
Sulfur in Gasoline and Diesel Fuel by
Monochromatic Wavelength Dispersive
X-ray Fluorescence Spectrometry.’’
(4) Beginning January 1, 2004, any
refiner or importer may determine the
sulfur content of butane using any of the
following methods; provided the refiner
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or importer test result is correlated with
the method specified in paragraph (a)(2)
of this section:
(i) ASTM standard method D 4468–85
(Reapproved 2000), ‘‘Standard Test
Method for Total Sulfur in Gaseous
Fuels by Hydrogenolysis and
Rateometric Colorimetry,’’ or
(ii) ASTM standard method D 3246–
96, entitled, ‘‘Standard Test Method for
Sulfur in Petroleum Gas by Oxidative
Microcoulemetry.’’
(b) Olefins. Olefin content shall be
determined using ASTM standard
method D 1319B03, entitled ‘‘Standard
Test Method for Hydrocarbon Types in
Liquid Petroleum Products by
Fluorescent Indicator Adsorption.’’
*
*
*
*
*
(f) * * *
(3)(i) Any refiner or importer may
determine aromatics content using
ASTM standard method D 1319–03,
entitled ‘‘Standard Test Method for
Hydrocarbon Types in Liquid Petroleum
Products by Flourescent Indicator
Adsorption,’’ for purposes of meeting
any testing requirement involving
aromatics content; provided that
*
*
*
*
*
(g) * * *
(2)(i) When oxygenates present are
limited to MTBE, ETBE, TAME, DIPE,
tertiary-amyl alcohol and C1 to C4
alcohols, any refiner, importer, or
oxygenate blender may determine
oxygen and oxygen content using ASTM
standard method D 4815–03 entitled,
‘‘Standard Test Method for
Determination of MTBE, ETBE, TAME,
DIPE, tertiary-Amyl Alcohol and C1 to
C4 Alcohols in Gasoline by Gas
Chromatography,’’ for purposes of
meeting any testing requirement;
provided that
*
*
*
*
*
(h) Incorporations by reference.
ASTM standard methods D 3606–99,
entitled ‘‘Standard Test Method for
Determination of Benzene and Toluene
in Finished Motor and Aviation
Gasoline by Gas Chromatography;’’ D
1319–03, entitled ‘‘Standard Test
Method for Hydrocarbon Types in
Liquid Petroleum Products by
Fluorescent Indicator Adsorption;’’ D
4815–03, entitled ‘‘Standard Test
Method for Determination of MTBE,
ETBE, TAME, DIPE, tertiary-Amyl
Alcohol and C1 to C4 Alcohols in
Gasoline by Gas Chromatography;’’ D
2622–03, entitled ‘‘Standard Test
Method for Sulfur in Petroleum
Products by Wavelength Dispersive X–
Ray Fluorescence Spectrometry;’’ D
3246–96, entitled ‘‘Standard Test
Method for Sulfur in Petroleum Gas by
Oxidative Microcoulometry;’’ D 5191–
VerDate Aug<31>2005
16:38 Mar 31, 2006
Jkt 208001
01, entitled, ‘‘Standard Test Method for
Vapor Pressure of Petroleum Products
(Mini Method);’’ D 5599–00, entitled,
‘‘Standard Test Method for
Determination of Oxygenates in
Gasoline by Gas Chromatography and
Oxygen Selective Flame Ionization
Detection;’’ D 5769–98, entitled,
‘‘Standard Test Method for
Determination of Benzene, Toluene, and
Total Aromatics in Finished Gasolines
by Gas Chromatography/Mass
Spectrometry,’’ and D 86–01, entitled,
‘‘Standard Test Method for Distillation
of Petroleum Products at Atmospheric
Pressure;’’ D 5453–03a, entitled,
‘‘Standard Test Method for
Determination of Total Sulfur in Light
Hydrocarbons, Motor Fuels and Oils by
Ultraviolet Fluorescence,’’ D 6920–03,
entitled, ‘‘Standard Test Method for
Total Sulfur in Naphthas, Distillates,
Reformulated Gasolines, Diesels,
Biodiesels, and Motor Fuels by
Oxidative Combustion and
Electrochemical Detection,’’ D 3120–
03a, entitled, ‘‘Standard Test Method for
Trace Quantities of Sulfur in Light
Petroleum Hydrocarbons by Oxidative
Microcoulometry,’’ D 7039–04, entitled,
‘‘Standard Test Method for Sulfur in
Gasoline and Diesel Fuel by
Monochromatic Wavelength Dispersive
X-ray Fluorescence Spectrometry,’’ D
6667–01, entitled, ‘‘Standard Test
Method for Determination of Total
Volatile Sulfur in Gaseous
Hydrocarbons and Liquefied Petroleum
Gases by Ultraviolet Fluorescence,’’ and
D 4468–85 (Reapproved 2000),
‘‘Standard Test Method for Total Sulfur
in Gaseous Fuels by Hydrogenolysis and
Rateometric Colorimetry’’ are
incorporated by reference in this
section. These incorporations by
reference were approved by the Director
of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
Copies may be obtained from the
American Society for Testing and
Materials, 100 Barr Harbor Dr., West
Conshohocken, PA 19428–2959. Copies
may be inspected at the Air Docket,
EPA/DC, EPA West, Room B102, 1301
Constitution Ave., NW., Washington,
DC, or at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030 or
go to: https://www.archives.gov/
federal_register/code_of_
federal_regulations/ibr_locations.html.
Subpart I—[Amended]
5. Section 80.580 is amended as
follows:
I a. By removing and reserving
paragraphs (b)(1) and (c)(1).
I
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
I
I
b. By revising paragraph (c)(2)(i).
c. By revising paragraph (e)(1)(v).
§ 80.580 What are the sampling and
testing methods for sulfur?
*
*
*
*
*
(b) Test method for sulfur. (1)
[Reserved]
*
*
*
*
*
(c) Alternative test methods for sulfur.
(1) [Reserved]
(2) Options for testing sulfur content
of 500 ppm diesel fuel. (i) For motor
vehicle diesel fuel and diesel fuel
additives subject to the 500 ppm sulfur
standard of § 80.520(c), and for NRLM
diesel fuel subject to the 500 ppm sulfur
standard of § 80.510(a), sulfur content
may be determined using ASTM D
4294–03, ASTM D 5453–03a, or ASTM
D 6920–03, provided that the refiner or
importer test result is correlated with
the appropriate method specified in
paragraph (b)(2) of this section; or
*
*
*
*
*
(e) * * *
(1) * * *
(v) D 6920–03, Standard Test Method
for Total Sulfur in Naphthas, Distillates,
Reformulated Gasolines, Diesels,
Biodiesels, and Motor Fuels by
Oxidative Combustion and
Electrochemical Detection.
*
*
*
*
*
[FR Doc. 06–3133 Filed 3–31–06; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 10
RIN 1024–AC84
Native American Graves Protection
and Repatriation Act Regulations;
Correction
Department of the Interior.
Correcting amendment.
AGENCY:
ACTION:
SUMMARY: This document contains
corrections to a final rule that was
published Friday, September 30, 2005
(70 FR 57177). The regulations related
to implementation of the Native
American Graves Protection and
Repatriation Act of 1990.
DATES: Effective Date: September 30,
2005.
Dr.
Sherry Hutt, Manager, National
NAGPRA Program, National Park
Service, 1849 C Street, NW., (2253),
Washington, DC 20240, telephone (202)
354–1479, facsimile (202) 371–5197, email: Sherry_Hutt@nps.gov.
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\03APR1.SGM
03APR1
]]>Agencies
[Federal Register Volume 71, Number 63 (Monday, April 3, 2006)]
[Rules and Regulations]
[Pages 16492-16500]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3133]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[EPA-OAR-2005-0048; FRL-8052-1]
RIN 2060-AM42
Regulation of Fuel and Fuel Additives: Gasoline and Diesel Fuel
Test Methods
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to allow refiners and laboratories to use more current and
improved fuel testing procedures for five American Society for Testing
and Materials (ASTM) analytical test methods. Once these test method
changes are adopted, they will supersede the corresponding earlier
versions of these test methods in EPA's motor vehicle fuel regulations.
EPA is also taking direct final action to change the designated test
method for sulfur in butane. EPA will take direct final action to
replace an approved ASTM Committee D.16 sulfur test method with the
ASTM Committee D.02 version of the test method for gasoline and diesel
fuel, and allow an additional ASTM test method for sulfur in gasoline.
EPA is also taking direct final action to remove a September 1, 2004
sunset provision for two alternative ASTM test methods for gasoline.
Finally, EPA is taking direct final action to add a new section to the
motor vehicle fuels regulations. This new section would reference the
rounding method in an ASTM standard practice as the procedure to follow
for rounding a test result when determining compliance with EPA's motor
vehicle fuels standards listed in the regulations. As explained further
below in the preamble of this document, EPA views these changes as non-
controversial and we anticipate no adverse comment.
DATES: This direct final rule is effective June 2, 2006, unless EPA
receives adverse comments or a request for public hearing by May 3,
2006. If the Agency receives adverse comment or a request for public
hearing, we will withdraw this direct final rule by publishing a timely
withdrawal notice in the Federal Register. The incorporation by
reference of certain publications in this rule is approved by the
Director of the Office of the Federal Register as of June 2, 2006.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2005-0048, by one of the following methods:
[[Page 16493]]
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 www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
instructions on submitting comments, go to Unit 1.B of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the docket are listed in the 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, Room B102, 1301 Constitution Ave., NW., Washington, DC.
The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding holidays. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding holidays.
The telephone number for the Public Reading Room is (202) 566-1744, and
the telephone number for the telephone number for the Air Docket is
(202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Joe Sopata, Chemist, Transportation
and Regional Programs Division, Office of Transportation and Air
Quality (6406J), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460; telephone number: (202) 343-9034; fax
number: (202) 343-2801; e-mail address: sopata.joe@epa.gov.
SUPPLEMENTARY INFORMATION: EPA is publishing this rule without prior
proposal because we view this as a noncontroversial amendment and
anticipate no adverse comment. However, in the ``Proposed Rules''
section of today's Federal Register publication, we are publishing a
separate document that will serve as the proposal if adverse comments
are filed. This rule will be effective on June 2, 2006 without further
notice unless we receive adverse comment by May 3, 2006. If EPA
receives adverse comment, we will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. We will address all public comments in a subsequent final rule
based on the proposed rule. We will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time.
The contents of today's preamble are listed in the following
outline.
I. General Information
A. Does This Action Apply to Me?
B. What Should I Consider as I Prepare My Comments for EPA?
II. Rule Changes
A. Updating ASTM Test Methods to Their Most Recent Version
B. Replacing ASTM D 6428-99 with ASTM D 6920-03
C. Test Method for Sulfur in Butane
D. Additional Alternative Test Method for Sulfur in Gasoline
E. Removal of Sunset Provision for Alternative Test Methods
F. Using Rounding When Determining Conformance With a Fuels
Standard
III. Administrative Requirements
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health & Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Congressional Review Act
VI. Statutory Provisions and Legal Authority
I. General Information
A. Does This Action Apply to Me?
Regulated categories and entities potentially affected by this
action include those involved with the production, importation,
distribution, sale and storage of gasoline motor fuel and diesel motor
fuel.
The table below is not intended to be exhaustive, but rather
provides a guide for readers regarding entities likely to be regulated
by this action. This table lists the types of entities that EPA is now
aware could be potentially regulated by this action. Other types of
entities not listed in the table could also be regulated. To determine
whether an entity is regulated by this action, one should carefully
examine the existing regulations in 40 CFR part 80. If you have
questions regarding the applicability of this action to a particular
entity, consult the person listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
[[Page 16494]]
----------------------------------------------------------------------------------------------------------------
NAICSs SIC codes Examples of potentially regulated
Category codes \a\ \b\ parties
----------------------------------------------------------------------------------------------------------------
Industry...................................... 324110 2911 Petroleum refiners.
Industry...................................... 54138 8734 Testing Laboratories.
Industry...................................... 422710 5171 Gasoline Marketers and Distributors.
422720 5172 ......................................
----------------------------------------------------------------------------------------------------------------
\a\ North American Industry Classification System (NAICS).
\b\ Standard Industrial Classification (SIC) system code.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
EDOCKET, regulations.gov or e-mail. Clearly mark the part of all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
i. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions--The agency may ask you to respond to
specific questions or organize comments referencing a Code of Federal
Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Rule Changes
A. Updating ASTM Test Methods to Their Most Recent Version
Refiners, importers and oxygenate blenders producing gasoline and
diesel motor vehicle fuel are required to test reformulated gasoline
(RFG), conventional gasoline (CG) and diesel fuel for various fuel
parameters including sulfur, olefins, aromatics, and oxygenate content.
American Society for Testing and Materials (ASTM) test method D2622 is
currently a designated test method for measuring sulfur \1\ in
gasoline. ASTM test method D 3120 and ASTM D 5453 are currently
alternative test methods for measuring sulfur \2\ \3\ in gasoline. ASTM
test method D 1319 is currently a designated test method for measuring
olefins \4\ in gasoline and aromatics \5\ in diesel fuel and is also
allowed as an alternative test method for measuring aromatics \6\ in
gasoline. ASTM test method D 4815 is currently an alternative test
method for measuring oxygenate content \7\ in gasoline.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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 updated for
parameters measured under RFG, CG, and diesel fuels program in today's
action. The Agency has reviewed these updated ASTM test methods and we
are in agreement with the revisions contained in them which will result
in improvements in the utilization of these test methods for the
regulated industry. We believe that the revisions in the test method
changes in today's action are not significant changes that would cause
a user of an older version of the same method to incur significant
costs. All of the revisions were deemed necessary by ASTM so that
improvements in the test method's procedures would ensure better
operation for the user of the test method. Thus, EPA is taking action
today to update the regulations for the following ASTM test methods:
(1) ASTM D 2622-03, the designated test method for measuring sulfur in
RFG, and CG, (2) ASTM D 3120-03a and ASTM D 5453-03a alternative test
methods for sulfur in gasoline, (3) ASTM D 1319-03, designated test
method for measuring olefins in gasoline and aromatics in diesel fuel,
as well as the alternative test method for measuring aromatics in
gasoline, and (4) ASTM 4815-03, alternative test method for measuring
oxygenate content in gasoline.
Table 1.--Designated and Alternative ASTM Analytical Test Methods Under
RFG, CG and Diesel Motor Vehicle Fuel Programs
------------------------------------------------------------------------
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''.
[[Page 16495]]
Sulfur (gasoline)...................... ASTM D 5453-03a, entitled,
``Standard Test Method for
Determination of Total Sulfur
in Light Hydrocarbons, Motor
Fuels and Oils by Ultraviolet
Fluorescence''.
Sulfur (gasoline)...................... ASTM D 3120-03a, entitled,
``Standard Test Method for
Trace Quantities of Sulfur in
Light Petroleum Hydrocarbons
by Oxidative
Microcoulometry''.
Oxygen content (gasoline).............. ASTM D 4815-03, entitled
``Standard Test Method for
Determination of MTBE, ETBE,
TAME, DIPE, tertiary-Amyl
Alcohol and C1 to C4 Alcohols
in Gasoline by Gas
Chromatography''.
Olefins (gasoline)..................... ASTM D 1319-03, entitled
``Standard Test Method for
Hydrocarbon Types in Liquid
Petroleum Products by
Fluorescent Indicator
Adsorption''.
Aromatics (gasoline and diesel)........ ASTM D 1319-03, entitled,
``Standard Test Method for
Hydrocarbon Types in Liquid
Petroleum Products by
Fluorescent Indicator
Absorption'', for diesel fuel,
this method is the designated
test method, for gasoline,
this method is an alternative
test method and if used as an
alternative method, its
results, must be correlated to
ASTM D 5769-98.
------------------------------------------------------------------------
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 changing the regulations by replacing
ASTM D 6428-99 with ASTM D 6920-03 for the alternative test method for
measuring the sulfur content of diesel fuel at the 500 ppm level, and
the alternative test method for measuring the sulfur content of
gasoline.
---------------------------------------------------------------------------
\12\ See Air Docket EPA-HQ-OAR-2005-0048-0002.
---------------------------------------------------------------------------
The regulations state that until December 27, 2004, for 15 ppm
diesel fuel, regulated parties may use ASTM D 6428-99, the designated
test method, or ASTM D 5453-03a or ASTM D 3120-03a, two alternative
test methods, provided the alternative test method results are
correlated to the designated test method. After December 27, 2004,
regulated parties measuring motor vehicle diesel fuel and fuel
additives subject to the 15 ppm diesel sulfur standard must qualify
their test method on a site specific basis under the precision and
accuracy criteria specified in the regulations at 40 CFR 80.584. Once
they have completed this testing, they must submit their precision and
accuracy results to the Agency for approval to use their test method as
specified in the regulations at 40 CFR 80.585. Thus, after December 27,
2004, regulated parties may only use test methods that have been
qualified on a site specific basis that meet the accuracy and precision
criteria specified in the regulations at 40 CFR 80.584 and that have
been approved under the process specified in the regulations at 40 CFR
80.585. The December 27, 2004, date, provided regulated parties 180
days of lead time to qualify their test methods for use at each site
for measuring 15 ppm sulfur diesel fuel. Since today's rule will be
effective after December 27, 2004, the Agency is revising the
regulations by removing the now irrelevant designated and alternative
test method paragraphs that allow the use of ASTM D 6428-99, ASTM D
5453-03a, and ASTM D 3120-03a for 15 ppm sulfur diesel fuel (i.e., 40
CFR 80.580(b)(1) and 40 CFR 80.580(c)(1)). The regulations will then
only reflect the present situation in the regulations that all test
methods must qualify under the precision and accuracy criteria in the
regulations.
C. Test Method for Sulfur in Butane
Certain parties blend butane into gasoline which has already been
manufactured and certified under EPA regulations. Effective January 1,
2004, the parties that blend butane into already made gasoline were
required to test the butane for sulfur content.\13\ Currently, ASTM D
3246-96 is the designated test method for measuring the sulfur content
of butane.
---------------------------------------------------------------------------
\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 taking
action to change the regulations making ASTM D 6667-01 the designated
test method for measuring
[[Page 16496]]
the sulfur content of butane. Additionally, ASTM test method D 3246-96
will continue to be allowed as an alternative test method, provided its
test results are correlated to ASTM D 6667-01, the designated test
method for sulfur in butane.
---------------------------------------------------------------------------
\14\ See Air Docket EPA-HQ-OAR-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 taking action to allow ASTM D
7039-04 as an alternative test method in the regulations for sulfur in
gasoline, provided that its results are correlated to ASTM D 2622. The
allowance of this additional alternative test method for sulfur in
gasoline will provide the regulated community additional flexibility in
meeting their testing requirements.
---------------------------------------------------------------------------
\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 rule's criteria.
E. Removal of Sunset Provision for Alternative Test Methods
As explained previously, ASTM D 1319 is an alternative test method
for measuring total aromatics in gasoline, and ASTM D 4815 is an
alternative test method for measuring oxygenates in gasoline. Both of
these alternative methods have sunset provisions under which their use
as an alternative test method expired on September 1, 2004. On June 16,
2004, EPA issued an enforcement discretion letter allowing the use of
these two alternative test methods until December 31, 2005, or until
such time that a rulemaking was promulgated by the Agency to continue
to allow the use of these two alternative test methods, whichever is
earlier.\16\
---------------------------------------------------------------------------
\16\ See Air Docket EPA-HQ-OAR-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 continuing to allow their use until the PBTM rule
mentioned previously is promulgated by the Agency. Once a PBTM rule has
been established, these two alternative test methods may qualify under
the PBTM rule's criteria. The rule change that is the subject of this
notice would remove the current sunset provision of September 1, 2004,
for both ASTM D 1319 and ASTM D 4815 and allow their use as alternative
test methods until a PBTM rule is established by the Agency.
---------------------------------------------------------------------------
\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 report their test result out to the number of significant digits
specified in the applicable fuel standard. However, a test method used
to measure a certain fuel parameter may provide more significant digits
in its output than specified in the standard. When this situation
occurs, the regulated party should round their test result to determine
if they are in compliance with the standard. The American Society for
Testing and Materials (ASTM) has developed the standard practice, ASTM
E 29-02[isin]1, for this situation. The rounding method \18\
in this standard practice provides a procedure for rounding a test
result to the number of significant digits specified in some standard.
After using the rounding method specified in ASTM E 29-
02[isin]1, the regulated party may compare the resulting
number to the standard to determine whether they are in compliance.
The Agency has reviewed the rounding method referenced in the
standard practice ASTM E 29-02[isin]1, and we are in
agreement with its use for this purpose. The Agency believes
referencing the ``rounding'' method (as contrasted with the
``absolute'' method) in this ASTM standard practice in EPA's
regulations will help to avoid confusion in the fuels distribution
system. Therefore, EPA is adding a new section to the motor vehicle
fuels regulations at 40 CFR 80.9. This new section would reference the
rounding method in ASTM E 29-02[isin]1. The rounding method
is the procedure to follow for rounding a test result when determining
compliance with EPA's motor vehicle fuels standards listed at 40 CFR
part 80.
In the ``Proposed Rules'' section of today's Federal Register, we
are publishing a proposed rule that matches the substance of this
direct final rule. If the Agency receives adverse comment or a request
for public hearing by May 3, 2006, we will withdraw the direct final
rule by publishing a timely withdrawal notice in the Federal Register.
If the Agency receives no adverse comment or a request for public
hearing by May 3, 2006, these test method changes will be effective
sixty (60) days after publication of this direct final rule in the
Federal Register. We are confident that sixty(60) days is sufficient
lead time for industry to become familiar and implement these ASTM test
methods changes for the applications mentioned above.
---------------------------------------------------------------------------
\18\ The Rounding Method in ASTM E 29-02[isin]1
applies where it is the intent that a limited number of digits in an
observed value or calculated value are to be considered significant
for purposes of determining conformance to the number of figures
listed in a fuels standard. The rounded value should be compared to
the specified limit in the fuels standard, and conformance or non-
conformance with the specification in the fuels standard be based on
this comparison.
---------------------------------------------------------------------------
[[Page 16497]]
III. Administrative Requirements
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866, (58 FR 51735 (October 4, 1993)) the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.''
It has been determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
However, the Office of Management and Budget (OMB), under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., has
approved the information collection requirements contained in the final
RFG and anti-dumping rulemaking and gasoline sulfur control rulemaking,
and has assigned OMB control number 2060-0277, EPA ICR number 1591.14.
OMB, under the provisions of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq., has also approved the information collection requirements
contained in the final Tax Exempt (Dyed) Highway Diesel Fuel
rulemaking, and has assigned OMB control number 2060-0308, EPA ICR
number 1718.03. Copies of the OMB approved Information Collection
Requests (ICR) may be obtained from Susan Auby, Collection Strategies
Division; U.S. Environmental Protection Agency (2822T); 1200
Pennsylvania Ave., NW., Washington, DC 20460 or by calling (202) 566-
1672.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.
C. Regulatory Flexibility Act (RFA)
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions. EPA has determined that it is not necessary
to prepare a regulatory flexibility analysis in connection with this
final rule.
For purposes of assessing the impacts of today's direct final rule
on small entities, small entity is defined as: (1) A small business as
defined by the Small Business Administrations' regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impacts of today's direct final rule
on small entities, EPA has concluded that this action would not have a
significant economic impact on a substantial number of small entities.
In determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may conclude that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule.
All of the test method updates in today's action will improve the
performance and/or utilization by industry of the test methods. For the
two alternative test methods, ASTM D 1319 and ASTM D 4815, today's
action will continue to provide flexibility to the regulated community.
The allowance of ASTM D 7039-04 will provide additional flexibility to
the regulated community in meeting sulfur in gasoline testing
requirements. Referencing the rounding method in ASTM E 29-
02[isin]1 provides consistent guidance for the regulated
community when determining whether a test result is in conformance with
our motor vehicle fuels standards. Finally, for the measurement of
sulfur in butane, today's action will provide industry with a more
reliable, more readily available and better test method. We have
therefore concluded that today's rule will relieve regulatory burden
for all small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on state, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative
[[Page 16498]]
was not adopted. Before EPA establishes any regulatory requirements
that may significantly or uniquely affect small governments, including
tribal governments, it must have developed under section 203 of the
UMRA a small government agency plan. The plan must provide for
notifying potentially affected small governments, enabling officials of
affected small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
Today's direct final rule contains no Federal mandates (under the
regulatory provisions of Title II of the UMRA) for state, local or
tribal governments or the private sector. The rule would impose no
enforceable duty on any State, local or tribal governments or the
private sector.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by state and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the National
Government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This direct final rule does not have federalism implications. It
would not have substantial direct effects on the states, on the
relationship between the National Government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132. All of the test
method updates in today's action will improve the performance and/or
utilization by industry of the test methods. For the two alternative
test methods, ASTM D 1319 and ASTM D 4815, today's action will continue
to provide flexibility to the regulated community. The allowance of
ASTM D 7039-04 will provide additional flexibility to the regulated
community in meeting sulfur in gasoline testing requirements.
Referencing the rounding method in ASTM E 29-02[isin]1
provides consistent guidance for the regulated community when
determining whether a test result is in conformance with our motor
vehicle fuels standards. Finally, for the measurement of sulfur in
butane, today's action will provide industry with a more reliable, more
readily available and better test method. Thus, Executive Order 13132
does not apply to this direct final rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' are defined in the Executive Order to include
regulations that have ``substantial direct effects on one or more
Indian tribes, on the relationship between the Federal Government and
the Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.''
This direct final rule does not have tribal implications. It will
not have substantial direct effects on tribal governments, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175.
This direct final rule applies to gasoline refiners, blenders and
importers that supply gasoline or diesel fuel. All of the test method
updates in today's action will improve the performance and/or
utilization by industry of the test methods. For the two alternative
test methods, ASTM D 1319 and ASTM D 4815, today's action will continue
to provide flexibility to the regulated community. The allowance of
ASTM D 7039-04 will provide additional flexibility to the regulated
community in meeting sulfur in gasoline testing requirements.
Referencing the rounding method in ASTM E 29-02[isin]\1\ provides
consistent guidance for the regulated community when determining
whether a test result is in conformance with our motor vehicle fuels
standards. Finally, for the measurement of sulfur in butane, today's
action will provide industry with a more reliable, more readily
available and better test method. Thus, Executive Order 13175 does not
apply to this direct final rule.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045: Protection of Children from Environmental
health Risks and Safety Risks (62 FR 19885, April 23, 1997) applies to
any rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This rule is not subject to
Executive Order 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks that may
disproportionately affect children.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This direct final rule is not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it
is not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards. This
rulemaking involves technical standards. EPA has decided to use ASTM
standards as described in Units II.A, II.B, II.C, II.D and II.F of the
SUPPLEMENTARY INFORMATION section of this document. All technical
standards included in today's rule are standards
[[Page 16499]]
developed by ASTM, a voluntary consensus standards body, and thus
raises no issues under the NTTAA.
J. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A ``major rule''
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(a).
VI. Statutory provisions and Legal Authority
Statutory authority for today's direct final rule comes from
sections 211(c), 211(i) and 211(k) of the CAA (42.U.S.C. 7545(c) and
(k)). Section 211(c) and 211(i) allows EPA to regulate fuels that
contribute to air pollution which endangers public health or welfare,
or which impairs emission control equipment. Section 211(k) prescribes
requirements for RFG and CG and requires EPA to promulgate regulations
establishing these requirements. Additional support for the fuels
controls in today's rule comes from sections 114(a) and 301(a) of the
CAA.
List of Subjects in 40 CFR Part 80
Environmental protection, Air pollution control, Fuel additives,
Gasoline, Diesel, Imports, Incorporation by reference, Motor vehicle
pollution, Reporting and recordkeeping requirements.
Dated: March 24, 2006.
Stephen L. Johnson,
Administrator.
0
For the reasons set forth in the preamble, part 80 of title 40, chapter
I of the Code of Federal Regulations is amended as follows:
PART 80--REGULATION OF FUELS AND FUEL ADDITIVES
0
1. The authority citation for part 80 continues to read as follows:
Authority: 42 U.S.C. 7414, 7545 and 7601(a).
Subpart A--[Amended]
0
2. Section 80.2 is amended by revising paragraph (z) to read as
follows:
Sec. 80.2 Definitions.
* * * * *
(z) Aromatic content is the aromatic hydrocarbon content in volume
percent as determined by ASTM standard test method D 1319-03, entitled,
``Standard Test Method for Hydrocarbon Types in Liquid Petroleum
Products by Fluorescent Indicator Adsorption''. ASTM test method D
1319-03 is incorporated by reference. This incorporation by reference
was approved by the Director of the Federal Register in accordance 5
U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the
American Society for Testing and Materials, 100 Barr Harbor Dr., West
Conshohocken, PA 19428-2959. Copies may be inspected at the Air Docket,
EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington,
DC, or at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030 or go to: https://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
* * * * *
0
3. Section 80.9 is added to Subpart A to read as follows:
Sec. 80.9 Rounding a test result for determining conformance with a
fuels standard.
(a) For purposes of determining compliance with the fuel standards
of 40 CFR part 80, a test result will be rounded to the nearest unit of
significant digits specified in the applicable fuel standard in
accordance with the rounding method described in the ASTM standard
practice, ASTM E 29-02[isin]1, entitled, ``Standard Practice
for Using Significant Digits in Test Data to Determine Conformance with
Specifications''.
(b) ASTM standard practice, E 29-02[isin]1 is
incorporated by reference. This incorporation by reference was approved
by the Director of the Federal Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. A copy may be obtained from the American
Society for Testing and Materials, 100 Barr Harbor Dr., West
Conshohocken, PA 19428-2959. Copies may be inspected at the Air Docket,
EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington,
DC, or at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030 or go to: https://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
* * * * *
Subpart D--[Amended]
0
4. Section 80.46 is amended as follows:
0
a. By revising paragraphs (a)(1), (a)(2), (a)(3)(i) through (a)(3)(iii)
and (a)(4).
0
b. By adding paragraph (a)(3)(iv).
0
c. Revising paragraph (b).
0
d. Revising paragraph (f)(3)(i).
0
e. Revising paragraph (g)(2)(i).
0
f. Revising paragraph (h).
Sec. 80.46 Measurement of reformulated gasoline fuel parameters.
(a) * * *
(1) The sulfur content of gasoline must be determined by use of
American Society for Testing and Materials (ASTM) standard method D
2622-03, entitled ``Standard Test Method for Sulfur in Petroleum
Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry'' or
by one of the alternative method specified in paragraph (a)(3) of this
section.
(2) Beginning January 1, 2004, the sulfur content of butane must be
determined by the use of ASTM standard test method D 6667-01, entitled,
``Standard Test Method for Determination of Total Volatile Sulfur in
Gaseous Hydrocarbons and Liquefied Petroleum Gases by Ultraviolet
Fluorescence'' or by the alternative method specified in paragraph
(a)(4) of this section.
(3) * * *
(i) ASTM standard method D 5453-03a, entitled, ``Standard Test
Method for Determination of Total Sulfur in Light Hyrdocarbons, Motor
Fuels and Motor Oils by Ultraviolet Fluorescence,'' or
(ii) ASTM standard method D 6920-03, entitled, ``Standard Test
Method for Total Sulfur in Naphthas, Distillates, Reformulated
Gasolines, Diesels, Biodiesels, and Motor Fuels by Oxidative Combustion
and Electrochemical Detection,'' or
(iii) ASTM standard method D 3120-03a, entitled, ``Standard Test
Method for Trace Quantities of Sulfur in Light Liquid Petroleum
Hydrocarbons by Oxidative Microcoulometry.''
(iv) ASTM standard method D 7039-04, entitled, ``Standard Test
Method for Sulfur in Gasoline and Diesel Fuel by Monochromatic
Wavelength Dispersive X-ray Fluorescence Spectrometry.''
(4) Beginning January 1, 2004, any refiner or importer may
determine the sulfur content of butane using any of the following
methods; provided the refiner
[[Page 16500]]
or importer test result is correlated with the method specified in
paragraph (a)(2) of this section:
(i) ASTM standard method D 4468-85 (Reapproved 2000), ``Standard
Test Method for Total Sulfur in Gaseous Fuels by Hydrogenolysis and
Rateometric Colorimetry,'' or
(ii) ASTM standard method D 3246-96, entitled, ``Standard Test
Method for Sulfur in Petroleum Gas by Oxidative Microcoulemetry.''
(b) Olefins. Olefin content shall be determined using ASTM standard
method D 1319B03, entitled ``Standard Test Method for Hydrocarbon Types
in Liquid Petroleum Products by Fluorescent Indicator Adsorption.''
* * * * *
(f) * * *
(3)(i) Any refiner or importer may determine aromatics content
using ASTM standard method D 1319-03, entitled ``Standard Test Method
for Hydrocarbon Types in Liquid Petroleum Products by Flourescent
Indicator Adsorption,'' for purposes of meeting any testing requirement
involving aromatics content; provided that
* * * * *
(g) * * *
(2)(i) When oxygenates present are limited to MTBE, ETBE, TAME,
DIPE, tertiary-amyl alcohol and C1 to C4
alcohols, any refiner, importer, or oxygenate blender may determine
oxygen and oxygen content using ASTM standard method D 4815-03
entitled, ``Standard Test Method for Determination of MTBE, ETBE, TAME,
DIPE, tertiary-Amyl Alcohol and C1 to C4 Alcohols
in Gasoline by Gas Chromatography,'' for purposes of meeting any
testing requirement; provided that
* * * * *
(h) Incorporations by reference. ASTM standard methods D 3606-99,
entitled ``Standard Test Method for Determination of Benzene and
Toluene in Finished Motor and Aviation Gasoline by Gas
Chromatography;'' D 1319-03, entitled ``Standard Test Method for
Hydrocarbon Types in Liquid Petroleum Products by Fluorescent Indicator
Adsorption;'' D 4815-03, entitled ``Standard Test Method for
Determination of MTBE, ETBE, TAME, DIPE, tertiary-Amyl Alcohol and
C1 to C4 Alcohols in Gasoline by Gas
Chromatography;'' D 2622-03, entitled ``Standard Test Method for Sulfur
in Petroleum Products by Wavelength Dispersive X-Ray Fluorescence
Spectrometry;'' D 3246-96, entitled ``Standard Test Method for Sulfur
in Petroleum Gas by Oxidative Microcoulometry;'' D 5191-01, entitled,
``Standard Test Method for Vapor Pressure of Petroleum Products (Mini
Method);'' D 5599-00, entitled, ``Standard Test Method for
Determination of Oxygenates in Gasoline by Gas Chromatography and
Oxygen Selective Flame Ionization Detection;'' D 5769-98, entitled,
``Standard Test Method for Determination of Benzene, Toluene, and Total
Aromatics in Finished Gasolines by Gas Chromatography/Mass
Spectrometry,'' and D 86-01, entitled, ``Standard Test Method for
Distillation of Petroleum Products at Atmospheric Pressure;'' D 5453-
03a, entitled, ``Standard Test Method for Determination of Total Sulfur
in Light Hydrocarbons, Motor Fuels and Oils by Ultraviolet
Fluorescence,'' D 6920-03, entitled, ``Standard Test Method for Total
Sulfur in Naphthas, Distillates, Reformulated Gasolines, Diesels,
Biodiesels, and Motor Fuels by Oxidative Combustion and Electrochemical
Detection,'' D 3120-03a, entitled, ``Standard Test Method for Trace
Quantities of Sulfur in Light Petroleum Hydrocarbons by Oxidative
Microcoulometry,'' D 7039-04, entitled, ``Standard Test Method for
Sulfur in Gasoline and Diesel Fuel by Monochromatic Wavelength
Dispersive X-ray Fluorescence Spectrometry,'' D 6667-01, entitled,
``Standard Test Method for Determination of Total Volatile Sulfur in
Gaseous Hydrocarbons and Liquefied Petroleum Gases by Ultraviolet
Fluorescence,'' and D 4468-85 (Reapproved 2000), ``Standard Test Method
for Total Sulfur in Gaseous Fuels by Hydrogenolysis and Rateometric
Colorimetry'' are incorporated by reference in this section. These
incorporations by reference were approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Copies may be obtained from the American Society for Testing and
Materials, 100 Barr Harbor Dr., West Conshohocken, PA 19428-2959.
Copies may be inspected at the Air Docket, EPA/DC, EPA West, Room B102,
1301 Constitution Ave., NW., Washington, DC, or at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030 or go to:
https://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations. html.
Subpart I--[Amended]
0
5. Section 80.580 is amended as follows:
0
a. By removing and reserving paragraphs (b)(1) and (c)(1).
0
b. By revising paragraph (c)(2)(i).
0
c. By revising paragraph (e)(1)(v).
Sec. 80.580 What are the sampling and testing methods for sulfur?
* * * * *
(b) Test method for sulfur. (1) [Reserved]
* * * * *
(c) Alternative test methods for sulfur. (1) [Reserved]
(2) Options for testing sulfur content of 500 ppm diesel fuel. (i)
For motor vehicle diesel fuel and diesel fuel additives subject to the
500 ppm sulfur standard of Sec. 80.520(c), and for NRLM diesel fuel
subject to the 500 ppm sulfur standard of Sec. 80.510(a), sulfur
content may be determined using ASTM D 4294-03, ASTM D 5453-03a, or
ASTM D 6920-03, provided that the refiner or importer test result is
correlated with the appropriate method specified in paragraph (b)(2) of
this section; or
* * * * *
(e) * * *
(1) * * *
(v) D 6920-03, Standard Test Method for Total Sulfur in Naphthas,
Distillates, Reformulated Gasolines, Diesels, Biodiesels, and Motor
Fuels by Oxidative Combustion and Electrochemical Detection.
* * * * *
[FR Doc. 06-3133 Filed 3-31-06; 8:45 am]
BILLING CODE 6560-50-P
