Control of Hazardous Air Pollutants From Mobile Sources: Early Credit Technology Requirement Revision, 13163-13167 [E8-4915]
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Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / Proposed Rules
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.lD which guides the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is not likely to have a
significant effect on the human
environment because it simply
promulgates the operating regulations or
procedures for drawbridges. We seek
any comments or information that may
lead to the discovery of a significant
environmental impact from this
proposed rule.
List of Subjects in 33 CFR Part 117
Bridges
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. In § 117.451, redesignate
paragraphs (c), (d), and (e) as paragraphs
(d), (e), and (f), respectively, and add
new paragraph (c) to read as follows:
§ 117.451
Gulf Intracoastal Waterway
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*
*
*
*
(c) The draw of the SR 316 Bayou
Blue Bridge, mile 49.8, near Houma
shall open on signal; except that, from
August 15 to May 31 (the school year),
the draw need not be opened from 7
a.m. to 8:30 a.m., from 2 p.m. to 4 p.m.,
and from 4:30 p.m. to 5:30 p.m.,
Monday through Friday except Federal
holidays.
*
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Dated: February 21, 2008.
J.H. Korn,
Captain, U.S. Coast Guard, Commander, 8th
Coast Guard District, Acting.
[FR Doc. E8–4940 Filed 3–11–08; 8:45 am]
electronically or through hand delivery/
courier by following the detailed
instructions in the ADDRESSES section of
the direct final rule located in the rules
section of this Federal Register.
BILLING CODE 4910–15–P
FOR FURTHER INFORMATION CONTACT:
Christine Brunner, Office of
Transportation and Air Quality,
Assessment and Standards Division,
Environmental Protection Agency, 2000
Traverwood, Ann Arbor, MI 48105;
telephone number: (734) 214–4287; fax
number: (734) 214–4816; e-mail address:
brunner.christine@epa.gov. Alternative
contact: Assessment and Standards
Division Hotline, telephone number:
(734) 214–4636; e-mail address:
asdinfo@epa.gov.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
[EPA–HQ–2005–0036; FRL–8542–2]
RIN 2060–AO89
Control of Hazardous Air Pollutants
From Mobile Sources: Early Credit
Technology Requirement Revision
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUPPLEMENTARY INFORMATION:
SUMMARY: EPA is proposing to revise the
February 26, 2007 mobile source air
toxics rule’s requirements that specify
the benzene control technologies that
qualify a refiner to generate early
benzene credits. We are proposing to
allow another specific benzene control
technology, benzene alkylation, in
addition to the four operational or
technological changes that the 2007 rule
currently allows. We are also proposing
a general provision that would allow a
refiner to submit a request to EPA to
approve other benzene-reducing
operational changes or technologies for
the purpose of generating early credits.
In the ‘‘Rules and Regulations’’ section
of this Federal Register we are revising
the February 26, 2007 rule as discussed
above via a direct final rule without a
prior proposed rule. If we receive no
adverse comment, we will not take
further action on this proposed rule.
DATES: Written comments must be
received by April 11, 2008.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
2005–0036, by mail to: EPA–HQ–2005–
0036, Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
Comments may also be submitted
This document proposes to revise the
early credit technology requirement
under the MSAT2 benzene rule. We
have published a direct final rule that
takes this action in the ‘‘Rules and
Regulations’’ section of this Federal
Register because we view this as a
noncontroversial action and anticipate
no adverse comment. We have
explained our reasons for this action in
the preamble to the direct final rule.
If we receive no adverse comment, we
will not take further action on this
proposed rule. If we receive adverse
comment, we will withdraw the direct
final rule and it will not take effect. We
would address all public comments in
any subsequent final rule based on this
proposed rule.
We do not intend to institute a second
comment period on this action. Any
parties interested in commenting must
do so at this time. For further
information, please see the information
provided in the ADDRESSES section of
this document.
AGENCY:
NAICS 1 codes
Category
Industry ..............................................................
1 North
13163
324110
Why is EPA Issuing This Proposed
Rule?
SIC 2 codes
Does this Action Apply to Me?
This action may affect you if you
produce gasoline. The following table
gives some examples of entities that
may have to follow the regulations.
Examples of potentially regulated entities
2911
Petroleum Refiners.
American Industry Classification System (NAICS).
Industrial Classification (SIC) system code.
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2 Standard
This table is not intended to be
exhaustive, but 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
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aware could potentially be affected by
this action. Other types of entities not
listed in the table could also be affected.
To decide whether your organization
might be affected by this action, you
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should carefully examine today’s
proposed action and the existing
regulations in 40 CFR part 80. If you
have any questions regarding the
applicability of this action to a
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Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / Proposed Rules
particular entity, consult the persons
listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
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Outline of This Preamble
I. Background
II. Today’s Action
III. Environmental and Economic Impact
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
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 and
Advancement Act
J. Executive Order 12898: Federal Actions
to Address Environmental Justice in
Minority Populations and Low-Income
Populations
Statutory Provisions and Legal Authority
List of Subjects
I. Background
The Mobile Source Air Toxics rule
(MSAT2), published on February 26,
2007 (72 FR 8428), requires that refiners
and importers produce gasoline that has
an annual average benzene content of
0.62 volume percent (vol%) or less,
beginning in 2011. (See § 80.1230(a).)
The rule also requires that no refiner or
importer have an actual average gasoline
benzene level greater than 1.3 volume
percent. After achieving an actual
annual average benzene level of 1.3
vol%, refiners and importers may use
benzene credits to reduce their average
benzene level to 0.62 vol%. Refiners
may generate benzene credits for their
own use or to sell to others, in two
ways. Once the program begins in 2011,
a refiner generates credits (known as
standard credits) when its average
annual gasoline benzene level is less
than 0.62 vol%. Importers can also
generate standard credits. Refiners may
also generate credits prior to 2011.1
These credits are called early credits.
The final rule allowed for the generation
of early benzene credits in any annual
averaging period prior to 2011 (i.e.,
2008, 2009, and 2010), as well as for the
partial year period June 1—December
31, 2007. Early credits are generated on
a refinery basis. In order to generate
early credits, a refinery must meet
several requirements:
1 Importers are not allowed to generate early
credits because they do not have the ability to make
the benzene reduction technology changes that
would lower benzene levels in the gasoline pool.
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(1) Establish a benzene baseline based
on the average benzene level of the
gasoline produced at the refinery during
the two-year period 2004–05. (See
§ 80.1285.)
(2) Make operational changes or
improvements in benzene control
technology that will result in real
benzene reductions. (See § 80.1275(d).)
(3) Achieve an annual average
benzene level at least 10% lower than
its baseline level. (See § 80.1275(a)).
In § 80.1275(d)(1) of the MSAT2 final
rule, we specified four types of
operational changes and benzene
control technology improvements that
would allow a refinery to qualify for
generating early credits if it
implemented the changes after 2005 and
if it also met the other related
requirements. These operational
changes and technology improvements
are:
(1) Treating the heavy straight run
naphtha entering the reformer using
light naphtha splitting and/or
isomerization.
(2) Treating the reformate stream
exiting the reformer using benzene
extraction or benzene saturation.
(3) Directing additional refinery
streams to the reformer for treatment as
described in (1) and (2) above.
(4) Directing reformate streams to
other refineries with treatment
capabilities as described in (2) above.
We included in this list all the
strategies we thought would reduce
benzene and be cost-effective. The
provision was intended to not allow
early credit generation solely by
benzene reductions achieved through
ethanol blending. A refinery needs to
implement at least one of the listed
improvements.
The final rule did not provide a way
for EPA to consider alternative means of
reducing benzene, no matter how
efficacious the alternative might be.
Soon after the rule was finalized, it
came to our attention that at least one
refinery had plans to install benzene
alkylation technology. Benzene
alkylation is not one of the four
operational or technological changes
enumerated in the final rule. Although
EPA regards benzene alkylation as a
legitimate benzene reduction
technology, we did not expect it to be
used. (See the Regulatory Impact
Analysis (EPA 420–R–07–002, February
2007), Chapter 6, Page 36.)
II. Today’s Action
We published a Questions and
Answers document related to the
MSAT2 program on August 16, 2007.
(https://epa.gov/otaq/regs/toxics/
420f07053.pdf) In that document, we
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specifically addressed benzene
alkylation and indicated that benzene
alkylation meets the intent of the
technology requirement for early
credits. As discussed in the preamble of
the final rule, early credits are generated
based on innovations in gasoline
benzene control technology that result
in real benzene reductions prior to the
start of the program in 2011. (See 72 FR
8486.) The use of benzene alkylation
directly results in lower gasoline
benzene levels.
We are proposing to revise
§ 80.1275(d)(1) to include benzene
alkylation in the list of acceptable
benzene reduction operational and
technological strategies. We are also
proposing a general provision that
would allow a refiner to petition EPA to
use an operational or technological
change that is not listed in the
regulation for the purpose of generating
early credits. The refiner would have to
demonstrate that the benzene control
technology improvement or operational
change results in a net reduction in the
refinery’s average gasoline benzene
level, exclusive of benzene reductions
due simply to blending practices. The
petition would have to be submitted to
EPA prior to the start of the first
averaging period in which the refinery
plans to generate early credits. EPA
expects it would act on such a petition
before the end of that averaging period.
The refiner would also have to provide
additional information requested by
EPA.
The other requirements for generating
early credits are unchanged. These
include submitting a benzene baseline,
reducing the refinery’s baseline benzene
level by at least 10% in a given
averaging period, and not moving
gasoline or blendstock streams between
refineries for the purpose of generating
early credits (See 72 FR 8486.)
III. Environmental and Economic
Impact
We believe there will be no negative
environmental or economic impacts
resulting from the proposed changes.
This action would allow those
companies that have alternative means
or strategies for reducing gasoline
benzene to request EPA approval to use
them for the purpose of generating early
benzene credits. Average gasoline
benzene levels from such refiners would
decrease faster and earlier than if they
had not generated early credits, and
such credits would help provide for a
robust credit pool when the program
starts in 2011.
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IV. Statutory and Executive Order
Reviews
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A. Executive Order 12866: Regulatory
Planning and Review
This action would revise the February
26, 2007 mobile source air toxics rule’s
requirements that specify the benzene
control technologies that qualify a
refiner to generate early benzene credits.
It would allow another specific benzene
control technology, benzene alkylation,
to be used for the purpose of generating
early credits, and would allow a refiner
to submit a request to EPA to approve
other benzene-reducing operational
changes or technologies for the purpose
of generating early credits. This action
is not expected to have an annual
impact on the economy of more than
$100 million, nor does it raise any novel
legal or policy issues. This action is not
a ‘‘significant regulatory action’’ under
the terms of Executive Order 12866 (58
FR 51735, October 4, 1993) and is
therefore not subject to review under the
Executive Order.
B. Paperwork Reduction Act
This proposed action would not
impose an information collection
burden under the provisions of the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq because the proposed
amendments do not change the
information collection requirements of
the underlying rule.
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 in 40
CFR are listed in 40 CFR Part 9.
C. Regulatory Flexibility Act
EPA has determined that it is not
necessary to prepare a regulatory
flexibility analysis in connection with
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this proposed rule because this action
would not have a significant economic
impact on a substantial number of small
entities.
For purposes of assessing the impacts
of today’s rule on small entities, small
entity is defined as: (1) A petroleum
refining company with fewer than 1500
employees or a petroleum wholesaler or
broker with fewer than 100 employees,
based on the North American Industrial
Classification System (NAICS); (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.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), P.L. 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
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
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small governments on compliance with
the regulatory requirements.
This proposed rule contains no
Federal mandates (under the regulatory
provisions of Title II of the UMRA) for
State, local, or tribal governments or the
private sector. EPA has determined that
this proposed rule does not contain a
Federal mandate that may result in
expenditures of $100 million or more
for State, local, and tribal governments,
in the aggregate, or the private sector in
any one year. This proposed rule simply
modifies the original rule in a limited
manner, and would not significantly
change the original rule. Thus, this
proposed rule is not subject to the
requirements of sections 202 and 205 of
the UMRA.
EPA has determined that this
proposed rule contains no regulatory
requirements that might significantly or
uniquely affect small governments,
because it applies only to parties that
produce gasoline.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
the Executive Order to include
regulations that have ‘‘substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’
This proposed rule does not have
federalism implications. It would not
have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. The rule would
amend existing regulatory provisions
applicable only to producers of gasoline
and would not alter State authority to
regulate these entities. The amendments
would impose no direct costs on State
or local governments. Thus, Executive
Order 13132 does not apply to this
proposed rule.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 6, 2000), requires EPA
to develop an accountable process to
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ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ ‘‘Policies that have tribal
implications’’ is defined in the
Executive Order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
government and Indian tribes.’’
This proposed rule does not have
tribal implications, as specified in
Executive Order 13175. It would 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.
The proposed rule would amend
existing regulatory provisions
applicable only to producers of gasoline
and would impose no direct costs on
tribal governments. Thus, Executive
Order 13175 does not apply to this
proposed rule.
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G. Executive Order 13045: Protection of
Children From Environmental Health &
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.
This proposed rule is not subject to
Executive Order 13045 because it is not
an economically significant regulatory
action as defined in Executive Order
12866.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This proposed rule is not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001)) because it is not a significant
regulatory action under Executive Order
12866.
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I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary
consensus standards in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by voluntary consensus
standards bodies. The NTTAA directs
EPA to provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards.
This proposed action does not involve
technical standards. Therefore, EPA did
not consider the use of any voluntary
consensus standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629
(Feb. 16, 1994)) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this
proposed rule will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations.
We believe there will be no negative
environmental or economic impacts
resulting from the proposed changes
compared to the February 26, 2007 rule
this action proposes to modify.
Statutory Provisions and Legal
Authority
The statutory authority for the fuels
controls in this proposed rule can be
found in sections 202 and 211(c) of the
Clean Air Act (CAA), as amended.
Support for any procedural and
enforcement-related aspects of the fuel
controls in this proposal, including
recordkeeping requirements, comes
from sections 114(a) and 301(a) of the
CAA.
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List of Subjects in 40 CFR Part 80
Environmental protection,
Administrative practice and procedure,
Air pollution control, Confidential
business information, Fuel additives,
Gasoline, Imports, Labeling, Motor
vehicle fuel, Motor vehicle pollution,
Penalties, Reporting and recordkeeping
requirements.
Dated: March 6, 2008.
Stephen L. Johnson,
Administrator.
For the reasons set forth in the
preamble, 40 CFR part 80 is amended as
set forth below:
PART 80—REGULATION OF FUELS
AND FUEL ADDITIVES
1. The authority citation for part 80
continues to read as follows:
Authority: 42 U.S.C. 7414, 7542, 7545 and
7601(a).
2. Section 80.1275 is amended as
follows:
a. By adding paragraph (d)(1)(v).
b. By redesignating paragraph (d)(2) as
paragraph (d)(3).
c. By adding paragraph (d)(2).
§ 80.1275 How are early benzene credits
generated?
*
*
*
*
*
(d) * * *
(1) * * *
(v) Providing for benzene alkylation.
(2)(i) A refiner may petition EPA to
approve, for purposes of paragraph
(d)(1) of this section, the use of
operational changes and/or
improvements in benzene control
technology that are not listed in
paragraph (d)(1) of this section to reduce
gasoline benzene levels at a refinery.
(ii) The petition specified in
paragraph (d)(2)(i) of this section must
be sent to: U.S. EPA, NVFEL-ASD, Attn:
MSAT2 Early Credit Benzene Reduction
Technology, 2000 Traverwood Dr., Ann
Arbor, MI 48105.
(iii) The petition specified in
paragraph (d)(2)(i) of this section must
show how the benzene control
technology improvement or operational
change results in a net reduction in the
refinery’s average gasoline benzene
level, exclusive of benzene reductions
due simply to blending practices.
(iv) The petition specified in
paragraph (d)(2)(i) of this section must
be submitted to EPA prior to the start of
the first averaging period in which the
refinery plans to generate early credits.
(v) The refiner must provide
additional information as requested by
EPA.
(3) Has not included gasoline
blendstock streams transferred to, from,
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or between refineries, except as noted in
paragraph (d)(1)(iv) of this section.
*
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*
[FR Doc. E8–4915 Filed 3–11–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R08–RCRA–2006–0382; FRL–8541–6]
Colorado: Final Authorization of State
Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
rmajette on PROD1PC64 with PROPOSALS
AGENCY:
SUMMARY: Colorado has applied to EPA
for final authorization of the changes to
its hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). The EPA proposes to grant
final authorization to the hazardous
waste program changes submitted by
Colorado. In the ‘‘Rules and
Regulations’’ section of this Federal
Register, EPA is authorizing the State’s
program changes as an immediate final
rule. EPA did not make a proposal prior
to the immediate final rule because we
believe these actions are not
controversial and do not expect
comments to oppose them. We have
explained the reasons for this
authorization in the preamble to the
immediate final rule. Unless we get
written comments opposing this
authorization during the comment
period, the immediate final rule will
become effective and the Agency will
not take further action on this proposal.
If we receive comments that oppose
these actions, we will publish a
document in the Federal Register
withdrawing this rule before it takes
effect. EPA will then address public
comments in a later final rule based on
this proposal. Any parties interested in
commenting on these actions must do so
at this time. EPA may not provide
further opportunity for comment.
DATES: Comments must be received on
or before April 11, 2008.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
RCRA–2006–0382, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• E-mail: daly.carl@epa.gov.
• Fax: (303) 312–6341.
• Mail: Send written comments to
Carl Daly, Solid and Hazardous Waste
VerDate Aug<31>2005
15:18 Mar 11, 2008
Jkt 214001
Program, EPA Region 8, Mailcode 8P–
HW, 1595 Wynkoop Street, Denver,
Colorado 80202–1129.
• Hand Delivery or Courier: Deliver
your comments to Carl Daly, Solid and
Hazardous Waste Program, EPA Region
8, Mailcode 8P–HW, 1595 Wynkoop
Street, Denver, Colorado 80202–1129.
Such deliveries are only accepted
during the Regional Office’s normal
hours of operation. The public is
advised to call in advance to verify the
business hours. Special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–R08–RCRA–2006–
0382. EPA’s policy is that all comments
received will be included in the public
docket without change, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov, or e-mail. The
federal web site https://
www.regulations.gov 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 https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties, and cannot
contact you for clarification, EPA may
not be able to consider your comment.
Electronic files should avoid the use of
special characters or any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information
may not be 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
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
13167
electronically through https://
www.regulations.gov or in hard copy at:
EPA Region 8, from 9 a.m. to 4 p.m.,
1595 Wynkoop Street, Denver,
Colorado, contact: Carl Daly, phone
number (303) 312–6416, or the Colorado
Department of Public Health and
Environment, from 9 a.m. to 4 p.m.,
4300 Cherry Creek Drive South, Denver,
Colorado 80222–1530, contact: Randy
Perila, phone number (303) 692–3364.
FOR FURTHER INFORMATION CONTACT: Carl
Daly, Solid and Hazardous Waste
Program, U.S. Environmental Protection
Agency, Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202, (303)
312–6416, daly.carl@epa.gov.
SUPPLEMENTARY INFORMATION: For
additional information, please see the
immediate final rule published in the
‘‘Rules and Regulations’’ section of this
Federal Register.
Dated: February 28, 2008.
Carol Rushin,
Acting Regional Administrator, Region 8.
[FR Doc. E8–4977 Filed 3–11–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 192
[Docket ID PHMSA–2005–23447; Notice 2]
RIN 2137–AE25
Pipeline Safety: Standards for
Increasing the Maximum Allowable
Operating Pressure for Gas
Transmission Pipelines
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of Transportation
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: PHMSA proposes to amend
the pipeline safety regulations to
prescribe safety requirements for the
operation of certain gas transmission
pipelines at pressures based on higher
stress levels. The result would be an
increase of maximum allowable
operating pressure (MAOP) over that
currently allowed in the regulations.
This action would update regulatory
standards to reflect improvements in
pipeline materials, assessment tools,
and maintenance practices, which
together have significantly reduced the
risk of failure in steel pipeline
fabricated and installed over the last
twenty-five years. The proposed rule
would allow use of an established
industry standard for the calculation of
E:\FR\FM\12MRP1.SGM
12MRP1
Agencies
[Federal Register Volume 73, Number 49 (Wednesday, March 12, 2008)]
[Proposed Rules]
[Pages 13163-13167]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4915]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[EPA-HQ-2005-0036; FRL-8542-2]
RIN 2060-AO89
Control of Hazardous Air Pollutants From Mobile Sources: Early
Credit Technology Requirement Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to revise the February 26, 2007 mobile source
air toxics rule's requirements that specify the benzene control
technologies that qualify a refiner to generate early benzene credits.
We are proposing to allow another specific benzene control technology,
benzene alkylation, in addition to the four operational or
technological changes that the 2007 rule currently allows. We are also
proposing a general provision that would allow a refiner to submit a
request to EPA to approve other benzene-reducing operational changes or
technologies for the purpose of generating early credits. In the
``Rules and Regulations'' section of this Federal Register we are
revising the February 26, 2007 rule as discussed above via a direct
final rule without a prior proposed rule. If we receive no adverse
comment, we will not take further action on this proposed rule.
DATES: Written comments must be received by April 11, 2008.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
2005-0036, by mail to: EPA-HQ-2005-0036, Environmental Protection
Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC
20460. Comments may also be submitted electronically or through hand
delivery/courier by following the detailed instructions in the
ADDRESSES section of the direct final rule located in the rules section
of this Federal Register.
FOR FURTHER INFORMATION CONTACT: Christine Brunner, Office of
Transportation and Air Quality, Assessment and Standards Division,
Environmental Protection Agency, 2000 Traverwood, Ann Arbor, MI 48105;
telephone number: (734) 214-4287; fax number: (734) 214-4816; e-mail
address: brunner.christine@epa.gov. Alternative contact: Assessment and
Standards Division Hotline, telephone number: (734) 214-4636; e-mail
address: asdinfo@epa.gov.
SUPPLEMENTARY INFORMATION:
Why is EPA Issuing This Proposed Rule?
This document proposes to revise the early credit technology
requirement under the MSAT2 benzene rule. We have published a direct
final rule that takes this action in the ``Rules and Regulations''
section of this Federal Register because we view this as a
noncontroversial action and anticipate no adverse comment. We have
explained our reasons for this action in the preamble to the direct
final rule.
If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment, we will withdraw
the direct final rule and it will not take effect. We would address all
public comments in any subsequent final rule based on this proposed
rule.
We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information, please see the information provided in the
ADDRESSES section of this document.
Does this Action Apply to Me?
This action may affect you if you produce gasoline. The following
table gives some examples of entities that may have to follow the
regulations.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Category NAICS \1\ codes SIC \2\ codes Examples of potentially regulated entities
--------------------------------------------------------------------------------------------------------------------------------------------------------
Industry.............................. 324110 2911 Petroleum Refiners.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ North American Industry Classification System (NAICS).
\2\ Standard Industrial Classification (SIC) system code.
This table is not intended to be exhaustive, but 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
potentially be affected by this action. Other types of entities not
listed in the table could also be affected. To decide whether your
organization might be affected by this action, you should carefully
examine today's proposed action and the existing regulations in 40 CFR
part 80. If you have any questions regarding the applicability of this
action to a
[[Page 13164]]
particular entity, consult the persons listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
Outline of This Preamble
I. Background
II. Today's Action
III. Environmental and Economic Impact
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
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 and Advancement Act
J. Executive Order 12898: Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations
Statutory Provisions and Legal Authority
List of Subjects
I. Background
The Mobile Source Air Toxics rule (MSAT2), published on February
26, 2007 (72 FR 8428), requires that refiners and importers produce
gasoline that has an annual average benzene content of 0.62 volume
percent (vol%) or less, beginning in 2011. (See Sec. 80.1230(a).) The
rule also requires that no refiner or importer have an actual average
gasoline benzene level greater than 1.3 volume percent. After achieving
an actual annual average benzene level of 1.3 vol%, refiners and
importers may use benzene credits to reduce their average benzene level
to 0.62 vol%. Refiners may generate benzene credits for their own use
or to sell to others, in two ways. Once the program begins in 2011, a
refiner generates credits (known as standard credits) when its average
annual gasoline benzene level is less than 0.62 vol%. Importers can
also generate standard credits. Refiners may also generate credits
prior to 2011.\1\ These credits are called early credits. The final
rule allowed for the generation of early benzene credits in any annual
averaging period prior to 2011 (i.e., 2008, 2009, and 2010), as well as
for the partial year period June 1--December 31, 2007. Early credits
are generated on a refinery basis. In order to generate early credits,
a refinery must meet several requirements:
(1) Establish a benzene baseline based on the average benzene level
of the gasoline produced at the refinery during the two-year period
2004-05. (See Sec. 80.1285.)
(2) Make operational changes or improvements in benzene control
technology that will result in real benzene reductions. (See Sec.
80.1275(d).)
(3) Achieve an annual average benzene level at least 10% lower than
its baseline level. (See Sec. 80.1275(a)).
---------------------------------------------------------------------------
\1\ Importers are not allowed to generate early credits because
they do not have the ability to make the benzene reduction
technology changes that would lower benzene levels in the gasoline
pool.
---------------------------------------------------------------------------
In Sec. 80.1275(d)(1) of the MSAT2 final rule, we specified four
types of operational changes and benzene control technology
improvements that would allow a refinery to qualify for generating
early credits if it implemented the changes after 2005 and if it also
met the other related requirements. These operational changes and
technology improvements are:
(1) Treating the heavy straight run naphtha entering the reformer
using light naphtha splitting and/or isomerization.
(2) Treating the reformate stream exiting the reformer using
benzene extraction or benzene saturation.
(3) Directing additional refinery streams to the reformer for
treatment as described in (1) and (2) above.
(4) Directing reformate streams to other refineries with treatment
capabilities as described in (2) above.
We included in this list all the strategies we thought would reduce
benzene and be cost-effective. The provision was intended to not allow
early credit generation solely by benzene reductions achieved through
ethanol blending. A refinery needs to implement at least one of the
listed improvements.
The final rule did not provide a way for EPA to consider
alternative means of reducing benzene, no matter how efficacious the
alternative might be. Soon after the rule was finalized, it came to our
attention that at least one refinery had plans to install benzene
alkylation technology. Benzene alkylation is not one of the four
operational or technological changes enumerated in the final rule.
Although EPA regards benzene alkylation as a legitimate benzene
reduction technology, we did not expect it to be used. (See the
Regulatory Impact Analysis (EPA 420-R-07-002, February 2007), Chapter
6, Page 36.)
II. Today's Action
We published a Questions and Answers document related to the MSAT2
program on August 16, 2007. (https://epa.gov/otaq/regs/toxics/
420f07053.pdf) In that document, we specifically addressed benzene
alkylation and indicated that benzene alkylation meets the intent of
the technology requirement for early credits. As discussed in the
preamble of the final rule, early credits are generated based on
innovations in gasoline benzene control technology that result in real
benzene reductions prior to the start of the program in 2011. (See 72
FR 8486.) The use of benzene alkylation directly results in lower
gasoline benzene levels.
We are proposing to revise Sec. 80.1275(d)(1) to include benzene
alkylation in the list of acceptable benzene reduction operational and
technological strategies. We are also proposing a general provision
that would allow a refiner to petition EPA to use an operational or
technological change that is not listed in the regulation for the
purpose of generating early credits. The refiner would have to
demonstrate that the benzene control technology improvement or
operational change results in a net reduction in the refinery's average
gasoline benzene level, exclusive of benzene reductions due simply to
blending practices. The petition would have to be submitted to EPA
prior to the start of the first averaging period in which the refinery
plans to generate early credits. EPA expects it would act on such a
petition before the end of that averaging period. The refiner would
also have to provide additional information requested by EPA.
The other requirements for generating early credits are unchanged.
These include submitting a benzene baseline, reducing the refinery's
baseline benzene level by at least 10% in a given averaging period, and
not moving gasoline or blendstock streams between refineries for the
purpose of generating early credits (See 72 FR 8486.)
III. Environmental and Economic Impact
We believe there will be no negative environmental or economic
impacts resulting from the proposed changes. This action would allow
those companies that have alternative means or strategies for reducing
gasoline benzene to request EPA approval to use them for the purpose of
generating early benzene credits. Average gasoline benzene levels from
such refiners would decrease faster and earlier than if they had not
generated early credits, and such credits would help provide for a
robust credit pool when the program starts in 2011.
[[Page 13165]]
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action would revise the February 26, 2007 mobile source air
toxics rule's requirements that specify the benzene control
technologies that qualify a refiner to generate early benzene credits.
It would allow another specific benzene control technology, benzene
alkylation, to be used for the purpose of generating early credits, and
would allow a refiner to submit a request to EPA to approve other
benzene-reducing operational changes or technologies for the purpose of
generating early credits. This action is not expected to have an annual
impact on the economy of more than $100 million, nor does it raise any
novel legal or policy issues. This action is not a ``significant
regulatory action'' under the terms of Executive Order 12866 (58 FR
51735, October 4, 1993) and is therefore not subject to review under
the Executive Order.
B. Paperwork Reduction Act
This proposed action would not impose an information collection
burden under the provisions of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq because the proposed amendments do not change the
information collection requirements of the underlying rule.
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 in 40 CFR are listed in 40 CFR Part 9.
C. Regulatory Flexibility Act
EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with this proposed rule because this
action would not have a significant economic impact on a substantial
number of small entities.
For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A petroleum refining company
with fewer than 1500 employees or a petroleum wholesaler or broker with
fewer than 100 employees, based on the North American Industrial
Classification System (NAICS); (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.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L.
104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
This proposed rule contains no Federal mandates (under the
regulatory provisions of Title II of the UMRA) for State, local, or
tribal governments or the private sector. EPA has determined that this
proposed rule does not contain a Federal mandate that may result in
expenditures of $100 million or more for State, local, and tribal
governments, in the aggregate, or the private sector in any one year.
This proposed rule simply modifies the original rule in a limited
manner, and would not significantly change the original rule. Thus,
this proposed rule is not subject to the requirements of sections 202
and 205 of the UMRA.
EPA has determined that this proposed rule contains no regulatory
requirements that might significantly or uniquely affect small
governments, because it applies only to parties that produce gasoline.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This proposed rule does not have federalism implications. It would
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. The rule would amend existing
regulatory provisions applicable only to producers of gasoline and
would not alter State authority to regulate these entities. The
amendments would impose no direct costs on State or local governments.
Thus, Executive Order 13132 does not apply to this proposed rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to
[[Page 13166]]
ensure ``meaningful and timely input by tribal officials in the
development of regulatory policies that have tribal implications.''
``Policies that have tribal implications'' is defined in the Executive
Order to include regulations that have ``substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
government and the Indian tribes, or on the distribution of power and
responsibilities between the Federal government and Indian tribes.''
This proposed rule does not have tribal implications, as specified
in Executive Order 13175. It would 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. The proposed rule would amend
existing regulatory provisions applicable only to producers of gasoline
and would impose no direct costs on tribal governments. Thus, Executive
Order 13175 does not apply to this proposed rule.
G. Executive Order 13045: Protection of Children From Environmental
Health & 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.
This proposed rule is not subject to Executive Order 13045 because
it is not an economically significant regulatory action as defined in
Executive Order 12866.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This proposed rule is not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it
is not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
This proposed action does not involve technical standards.
Therefore, EPA did not consider the use of any voluntary consensus
standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies and activities on minority populations and low-income
populations in the United States.
EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations. We believe there will be
no negative environmental or economic impacts resulting from the
proposed changes compared to the February 26, 2007 rule this action
proposes to modify.
Statutory Provisions and Legal Authority
The statutory authority for the fuels controls in this proposed
rule can be found in sections 202 and 211(c) of the Clean Air Act
(CAA), as amended. Support for any procedural and enforcement-related
aspects of the fuel controls in this proposal, including recordkeeping
requirements, comes from sections 114(a) and 301(a) of the CAA.
List of Subjects in 40 CFR Part 80
Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Fuel
additives, Gasoline, Imports, Labeling, Motor vehicle fuel, Motor
vehicle pollution, Penalties, Reporting and recordkeeping requirements.
Dated: March 6, 2008.
Stephen L. Johnson,
Administrator.
For the reasons set forth in the preamble, 40 CFR part 80 is
amended as set forth below:
PART 80--REGULATION OF FUELS AND FUEL ADDITIVES
1. The authority citation for part 80 continues to read as follows:
Authority: 42 U.S.C. 7414, 7542, 7545 and 7601(a).
2. Section 80.1275 is amended as follows:
a. By adding paragraph (d)(1)(v).
b. By redesignating paragraph (d)(2) as paragraph (d)(3).
c. By adding paragraph (d)(2).
Sec. 80.1275 How are early benzene credits generated?
* * * * *
(d) * * *
(1) * * *
(v) Providing for benzene alkylation.
(2)(i) A refiner may petition EPA to approve, for purposes of
paragraph (d)(1) of this section, the use of operational changes and/or
improvements in benzene control technology that are not listed in
paragraph (d)(1) of this section to reduce gasoline benzene levels at a
refinery.
(ii) The petition specified in paragraph (d)(2)(i) of this section
must be sent to: U.S. EPA, NVFEL-ASD, Attn: MSAT2 Early Credit Benzene
Reduction Technology, 2000 Traverwood Dr., Ann Arbor, MI 48105.
(iii) The petition specified in paragraph (d)(2)(i) of this section
must show how the benzene control technology improvement or operational
change results in a net reduction in the refinery's average gasoline
benzene level, exclusive of benzene reductions due simply to blending
practices.
(iv) The petition specified in paragraph (d)(2)(i) of this section
must be submitted to EPA prior to the start of the first averaging
period in which the refinery plans to generate early credits.
(v) The refiner must provide additional information as requested by
EPA.
(3) Has not included gasoline blendstock streams transferred to,
from,
[[Page 13167]]
or between refineries, except as noted in paragraph (d)(1)(iv) of this
section.
* * * * *
[FR Doc. E8-4915 Filed 3-11-08; 8:45 am]
BILLING CODE 6560-50-P