Control of Hazardous Air Pollutants From Mobile Sources: Early Credit Technology Requirement Revision, 61358-61363 [E8-24591]
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61358
Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
makes a determination based on air
quality data and results in the
suspension of certain Federal
requirements, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act. This rule also is not
subject to Executive Order 13045,
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it determines that air quality in
the affected area is meeting Federal
standards.
The requirements of section 12(d) of
the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply because it would
be inconsistent with applicable law for
EPA, when determining the attainment
status of an area, to use voluntary
consensus standards in place of
promulgated air quality standards and
monitoring procedures that otherwise
satisfy the provisions of the Clean Air
Act. This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501, et seq.).
Under Executive Order 12898, EPA
finds that this rule involves a
determination of attainment based on
air quality data and will not have
disproportionately high and adverse
human health or environmental effects
on any communities in the area,
including minority and low-income
communities.
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. This rule is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by December 15,
2008. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this rule for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
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review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action to reclassify the
HGB area as a severe ozone
nonattainment area and to adjust
applicable deadlines may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxides, Ozone, Reporting
and recordkeeping requirements,
Volatile organic compounds.
Dated: October 8, 2008.
Richard E. Greene,
Regional Administrator, Region 6.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart SS—Texas
2. Section 52.2275 is amended by
adding paragraph (f) to read as follows:
■
§ 52.2275 Control strategy and
regulations: Ozone.
*
*
*
*
*
(f) Determination of Attainment.
Effective November 17, 2008 EPA has
determined that the Dallas/Fort Worth
(DFW) 1-hour ozone nonattainment area
has attained the 1-hour ozone standard.
Under the provisions of EPA’s Clean
Data Policy, this determination
suspends the requirements for this area
to submit an attainment demonstration
or 5% increment of progress plan, a
reasonable further progress plan,
contingency measures, and other State
Implementation Plans related to
attainment of the 1-hour ozone NAAQS
for so long as the area continues to
attain the 1-hour ozone NAAQS.
[FR Doc. E8–24592 Filed 10–15–08; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
[EPA–HQ–2005–0036; FRL–8729–7]
RIN 2060–A089
Control of Hazardous Air Pollutants
From Mobile Sources:Early Credit
Technology Requirement Revision
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is taking final action to
revise the February 26, 2007 mobile
source air toxics rule’s requirements
that specify which benzene control
technologies a refiner may utilize to
qualify to generate early benzene
credits. This action will allow another
specific benzene control technology,
benzene alkylation, in addition to the
four operational or technological
changes specified in the current rule.
This action also includes a general
provision that allows a refiner to submit
a request to EPA to approve other
benzene-reducing operational changes
or technologies for the purpose of
generating early credits.
DATES: This final rule is effective on
December 15, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–2005–0036. 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, is not placed on
the Internet and 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 3334, 1301 Constitution Ave.,
NW., Washington, DC. The EPA/DC
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Eastern Standard
Time, Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Air Docket is (202) 566–
1742.
FOR FURTHER INFORMATION CONTACT:
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
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number: (734) 214–4816; e-mail address:
brunner.christine@epa.gov. Alternative
contact: Assessment and Standards
Division Hotline, telephone number:
Does This Action Apply to Me?
(734) 214–4636; e-mail address:
asdinfo@epa.gov.
This action may affect you if you
produce gasoline. The following table
gives some examples of entities that
may have to follow the regulations.
SUPPLEMENTARY INFORMATION:
NAICS 1
codes
Category
Industry .......................................................................................................................................
1 North
61359
324110
SIC 2
codes
2911
Examples of potentially
regulated entities
Petroleum Refiners.
American Industry Classification System (NAICS).
Industrial Classification (SIC) system code.
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
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 action
and the existing regulations in 40 CFR
part 80. If you have any questions
regarding the applicability of this action
to a particular entity, consult the
persons listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
Outline of This Preamble
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I. Background
II. Response to Comments
III. This Action
IV. Environmental and Economic Impact
V. 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
K. Congressional Review Act
VI. Statutory Provisions and Legal Authority
I. Background
The Control of Hazardous Air
Pollutants From Mobile Sources final
rule (also known as the Mobile Source
Air Toxics rule or MSAT2) was
published on February 26, 2007 (72 FR
8428). That rule requires that refiners
and importers produce gasoline that has
an annual average benzene content of
0.62 volume percent (vol%) or less,
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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 vol%.
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%.
Refiners may also generate credits
prior to 2011. These credits are called
early credits, and are the subject of this
final rule. The MSAT2 rule allows early
benzene credits to be generated 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
§ 80.1285.)
(2) Achieve an annual average
benzene level at least 10% lower than
its baseline level. (See § 80.1275(a).)
(3) Make operational changes or
improvements in benzene control
technology that will result in real
benzene reductions. (See § 80.1275(d).)
Any refining or operational changes
may be utilized to comply with the
average benzene content requirement.
However, in order to generate early
credits, the rule specifies four types of
operational changes and benzene
control technology improvements that
would allow a refinery to qualify if it
implemented the changes/
improvements after 2005 (and if it also
met the other related requirements).
§ 80.1275(d)(1). These operational
changes and technology improvements
are:
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(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.
A refinery needs to implement at least
one of these listed changes/
improvements in order to generate early
credits.
This list includes all the strategies we
thought would reduce fuel benzene (and
thus benzene emissions) and be costeffective. The provision was intended to
preclude refineries from generating
early credits solely by benzene
reductions achieved through ethanol
blending.
The final rule does not provide a way
for EPA to consider alternative means of
reducing fuel benzene and generating
early credits, no matter how effective
the alternative. Soon after the rule was
finalized, it was brought to our attention
that at least one refinery had plans to
install benzene alkylation technology
(also known as reformate alkylation).
Benzene alkylation involves converting
benzene into other aromatic compounds
by the addition of alkyl groups to the
benzene ring. Xylene, toluene and
cumene are typical products formed by
benzene alkylation. Benzene alkylation
is not one of the four operational or
technological changes enumerated in
the final rule. Although EPA regarded
benzene alkylation as a legitimate
benzene reduction technology, and one
which can be used to comply with the
standard, we did not include it in the
list of technologies for generation of
early credits merely because we did not
expect refiners to use it. (See the
Regulatory Impact Analysis (EPA420–
R–07–002, February 2007), Chapter 6,
page 36.)
We therefore considered a request to
include benzene alkylation on the list of
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early credit-generating technologies to
have merit, and on March 12, 2008, we
published a direct final rulemaking and
a parallel proposal that would have
revised the February 26, 2007 MSAT2
requirement regarding the benzene
control technologies that qualify a
refiner to generate early benzene credits
to allow benzene alkylation in addition
to the four operational or technological
changes allowed by the MSAT2 rule.
The direct final rule would have also
allowed a refiner to submit a request to
EPA to approve other benzene-reducing
operational changes or technologies for
the purpose of generating early credits.
We stated that if we received adverse
comment by April 11, 2008, the direct
final rule would not take effect and we
would publish a timely withdrawal in
the Federal Register. Commenters did
in fact submit significant adverse
comment and we accordingly published
a withdrawal of the direct final rule on
May 9, 2008. (See 73 FR 26325.) We
stated in the direct final rule and the
parallel proposed rule that we would
address comments in any subsequent
final action, which would be based on
the parallel proposed rule, without a
second comment period on the action.
Today’s action is based on the parallel
proposed rule, and finalizes that
proposal, so that refiners using benzene
alkylation may generate early credits,
and refiners can make site-specific
demonstrations to EPA which may
result in other technologies being
eligible to generate early credits.
II. Response to Comments
We received comments from the
Northeast States for Coordinated Air
Use Management (NESCAUM) and the
New York State Department of
Environmental Conservation (NYDEC).
The commenters expressed several
concerns with the rule. First, they were
concerned that the rule continued the
2007 rule’s focus on gasoline benzene
content rather than benzene vehicle
emissions. Second, commenters
expressed the related concern that
although benzene alkylation reduces
gasoline benzene levels, it may not
reduce benzene vehicle emissions. One
commenter suggested that early credits
be discounted to account for vehicular
benzene emissions attributable to reformed benzene. Commenters also
expressed concern about increased
aromatics emissions from vehicles.
Finally, commenters opposed allowing
other future refinery operational
changes to be approved after petition to
and review by EPA for the purpose of
generating early credits.
As will be discussed below, benzene
alkylation meaningfully reduces
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gasoline benzene levels and thus
directly reduces benzene emissions. For
this reason, we believe that allowing
refiners to qualify to generate early
credits through the use of benzene
alkylation is consistent with the intent
of technology requirement associated
with the early credit provisions. Use of
benzene alkylation will not have the
adverse effects of concern to the
commenters: benzene vehicle emissions
will be reduced, and there will not be
appreciable increases in aromatics
emissions from vehicles.
Fuel aromatics and fuel benzene
levels both affect vehicle benzene
emissions, but not to anywhere near the
same degree. Fuel benzene has more
than a 20-fold 1 greater impact on
benzene emissions from vehicles than
other fuel components, including fuel
aromatics levels. In the March 29, 2006
proposed rule, we discussed how nonbenzene aromatics account for about
30% by volume of gasoline and
contribute about 30% of benzene
emissions while benzene constitutes
only about one volume percent of the
fuel but is responsible for about 25% of
the benzene emissions. (The remaining
benzene emissions are formed from
other (non-aromatic) compounds. See 71
FR 15864). Based on evaluations using
the Complex Model, we concluded there
that a 20% reduction in aromatics
would be needed to achieve the same
level of benzene emissions reductions as
the 0.62 vol% standard. (See 71 FR
15864.) 2 Thus, in the 2007 final rule, we
concluded that fuel benzene control is
the most effective means of reducing
benzene and overall MSAT emissions
because it offers measurable and certain
benzene reductions that are not affected
by ‘‘changes in fuel composition or
vehicle technology.’’ (See 72 FR 8477.)
Reducing fuel benzene through
alkylation or any other benzene
reduction technology results in greater
than 95% reduction in benzene exhaust
emissions compared to the benzene
emissions caused by the fuel benzene
removed. We estimate that there is less
than a 1% difference among benzene
reduction technologies in their
1 Based on mg/mi benzene emissions per volume
fraction of the fuel component (benzene, aromatics,
other) in gasoline.
2 Though this effect can be seen through Complex
Model runs (which is based on 1990 vehicle
technology), in the 2007 rulemaking, we found that
tailpipe benzene emissions from Tier 2 vehicles
have a similar response, in that significantly greater
reductions in fuel aromatics levels are needed to get
the same benzene reduction emissions impact that
results from the MSAT2 benzene standard. See
Control of Hazardous Air Pollutants from Mobile
Sources, Regulatory Impact Analysis, Chapter 6,
‘‘Feasibility of the Benzene Control Program,’’
February 2007.
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effectiveness at reducing benzene
emissions.3 Because benzene emissions
reductions are significant regardless of
the fuel benzene reduction technology,
there is no reason to discourage the use
of one technology over another. For the
same reason, we do not agree with the
suggestion to discount early credits
generated by use of benzene alkylation
to account for vehicular emissions.
The commenters’ concern about
increases in vehicle non-benzene
aromatic emissions is also somewhat
misplaced. Again, given the small
amount of benzene in gasoline (1 vol%)
relative to total aromatics (20–40 vol%),
the additional contribution of aromatics
attributable to alkylating the benzene is
minimal, as would be any increase in
aromatic emissions. In addition, as we
discussed in the 2007 rule, fuel
aromatics levels are expected to
decrease because of increased ethanol
use, so aromatics emission levels should
be dropping in any event.
Thus, based on the analyses in the
2007 rule of the impacts of fuel benzene
and aromatics reductions on emissions,
the slight increase in fuel aromatics
content that could result from refineries
using benzene alkylation for the
purposes of generating early credits
under this rule should reduce benzene
emissions that would otherwise not be
reduced at this time. No deleterious
vehicle emissions impacts are expected.
It thus is appropriate for refiners using
benzene alkylation to reduce fuel
benzene levels to be eligible to generate
early credits.
With respect to the other portion of
today’s rule, we continue to believe that
allowing a refiner to petition us to use
3 Data collected from a recent test program
(described in Chapter 6.11 of the Regulatory Impact
Analysis of the 2007 MSAT rule) suggest that a
typical Tier 2 vehicle emits approximately 3.10 mg/
mi of benzene when burning gasoline with 1 vol%
benzene and 30 vol% aromatics. Simulations done
using the Complex Model for gasoline compliance
(described in 40 CFR 80.45) suggest that
approximately 25 wt% of exhaust benzene emission
is due to benzene in the fuel (typically about 1
vol%), about 30 wt% of exhaust benzene emission
is due to aromatics in the fuel (typically about 30
vol%), and the remaining 45 wt% of exhaust
benzene emission is from the rest of the fuel (i.e.,
non-aromatic compounds). Given this information,
and making the assumption that alkylation would
be used to convert 0.4 vol% of benzene to 0.4 vol%
aromatics (to take pool benzene from 1.0 vol% to
0.60 vol%, slightly overcomplying with the new
standard), we can estimate that a vehicle’s tailpipe
benzene emissions would be reduced from 3.10 mg/
mi to 2.80 mg/mi if alkylation were used to reduce
fuel benzene, compared to 2.79 mg/mi if another
method of benzene reduction were used that did
not create additional aromatics. This difference is
less than 1%, and is relatively insensitive to the
original emission level of the vehicle or the amount
of fuel benzene reduction occurring. The difference
is even smaller if one includes evaporative benzene
emission, which is reduced by an identical amount
for any method of benzene reduction.
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an operating change not currently listed
in order to qualify to generate early
benzene credits is appropriate. A refiner
would have to show in the petition that
the operating change would reduce fuel
benzene levels which, as just discussed,
is the best means of reducing benzene
vehicle emissions. The MSAT2 program
encourages early fuel benzene
reductions in order to get early benzene
emissions reductions. This action is not
about permitting a refinery to
implement a new technology or make an
operating change—those actions can
happen at any time within or outside of
the early credit generation window,
regardless of the refinery’s intent vis-avis generating early credits. Today’s
action requires the petitioner to show
that the change they intend to make
reduces fuel benzene levels which
directly and significantly reduces
benzene vehicle emissions more than
any other fuel compositional change.
The petition process has the added
value of being more timely than a
rulemaking, which is important since
early credits can only be generated
through 2010, and refiners must apply
to generate early credits before the start
of the annual averaging period in which
they first want to generate early credits.
III. This 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.
Today’s action revises § 80.1275(d)(1)
to include benzene alkylation in the list
of acceptable reduction operational and
technological strategies. We have also
included a general provision that allows
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 must 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 must be submitted to EPA prior
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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 must also
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.)
IV. Environmental and Economic
Impact
This action allows 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 will decrease faster
and earlier than if they had not
generated early credits leading to lower
benzene emissions than would have
been achieved otherwise. Such credits
will also help provide for a robust credit
pool when the program starts in 2011.
Vehicle benzene emissions will be
reduced and there will not be significant
increases in vehicle emissions of other
aromatics.
V. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
This action revises 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 allows another specific benzene
control technology, benzene alkylation,
to be used for the purpose of generating
early credits, and allows 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 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 action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. because the
amendments in this rule do not change
the information collection requirements
of the underlying rule.
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61361
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
The Regulatory Flexibility Act (RFA)
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impacts
of this action on small entities, small
entity is defined as: (1) A petroleum
refining company with fewer than 1,500
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.
After considering the economic
impacts of today’s final rule, I certify
that this action will not have a
significant economic impact on a
substantial number of small entities.
D. Unfunded Mandates Reform Act
This action contains no Federal
mandates under the provisions of Title
II of the Unfunded Mandates Reform
Act of 1995 (UMRA), 2 U.S.C. 1531–
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1538 for State, local, or tribal
governments or the private sector. EPA
has determined that this 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. Today’s
action simply modifies the original rule
in a limited manner, and does not
significantly change the original rule.
Therefore, this action is not subject to
the requirements of sections 202 or 205
of the UMRA.
This action is also not subject to the
requirements of section 203 of UMRA
because it contains no regulatory
requirements that might significantly or
uniquely affect small governments. This
action only applies to parties that
produce gasoline.
rwilkins on PROD1PC63 with NOTICES
E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
the Executive Order to include
regulations that have ‘‘substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’
This final rule does not have
federalism implications. It will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. The rule
amends existing regulatory provisions
applicable only to producers of gasoline
and does not alter State authority to
regulate these entities. The amendments
will impose no direct costs on State or
local governments. Thus, Executive
Order 13132 does not apply to this rule.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175 (65 FR 67249, November 9,
2000). 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
VerDate Aug<31>2005
16:18 Oct 15, 2008
Jkt 217001
specified in Executive Order 13175.
This rule amends existing regulatory
provisions applicable only to producers
of gasoline and will impose no direct
costs on tribal governments. Thus,
Executive Order 13175 does not apply
to this action.
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 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
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 (66 FR 18355 (May 22,
2001)), because it is not a significant
regulatory action under Executive Order
12866.
I. National Technology Transfer 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 action does not involve technical
standards. Therefore, EPA did not
PO 00000
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Fmt 4700
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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 final
rule will not have disproportionately
high and adverse human health or
environmental effects on minority or
low-income populations because it does
not affect the level of protection
provided to human health or the
environment. This rule provides
additional means for refiners to qualify
to generate early credits by
implementing a benzene reducing
technology or operational mode. This in
turn will reduce vehicle benzene
emissions.
K. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of 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(2). This final
rule will be effective on December 15,
2008.
VI. Statutory Provisions and Legal
Authority
The statutory authority for the fuels
controls in today’s final rule can be
found in sections 202(l) and 211(c) of
the Clean Air Act (CAA), as amended.
Support for any procedural and
enforcement-related aspects of the fuel
controls in today’s rule, including
E:\FR\FM\16OCR1.SGM
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Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations
recordkeeping requirements, comes
from sections 114(a) and 301(a) of the
CAA.
(v) The refiner must provide
additional information as requested by
EPA.
*
*
*
*
*
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: October 9, 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
Centers for Disease Control and
Prevention
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.
Jkt 217001
RIN 0920–AA09
Possession, Use, and Transfer of
Select Agents and Toxins
Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS).
ACTION: Final rule.
1. The authority citation for part 80
continues to read as follows:
rwilkins on PROD1PC63 with NOTICES
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
AGENCY:
■
16:18 Oct 15, 2008
BILLING CODE 6560–50–P
42 CFR Part 73
■
VerDate Aug<31>2005
[FR Doc. E8–24591 Filed 10–15–08; 8:45 am]
SUMMARY: This document completes the
biennial review and republication of the
lists of biological agents and toxins
regulated by the U.S. Department of
Health and Human Services (HHS), as
well as those biological agents and
toxins regulated by both HHS and the
U.S. Department of Agriculture (USDA).
Because USDA has chosen to no longer
regulate ten biological agents and toxins
which HHS still believes have the
potential to pose a severe threat to
public health and safety, we have
moved those ten biological agents and
toxins from the overlap select agents
and toxins section to the HHS select
agents and toxins section of the select
agent regulations.
In a companion document published
in this issue of the Federal Register, the
USDA has established corresponding
final rules regarding the select agents
and toxins regulated only by the USDA,
as well as those overlap select agents
and toxins regulated by both agencies.
DATES: The final rule is effective
November 17, 2008.
FOR FURTHER INFORMATION CONTACT:
Robbin Weyant, Director, Division of
Select Agents and Toxins, Centers for
Disease Control and Prevention, 1600
Clifton Rd., MS A–46, Atlanta, GA
30333. Telephone: (404) 718–2000.
SUPPLEMENTARY INFORMATION: The Public
Health Security and Bioterrorism
Preparedness and Response Act of 2002,
Subtitle A of Public Law 107–188 (42
U.S.C. 262a) (the Bioterrorism
Preparedness Act), requires the HHS
Secretary to establish by regulation a list
of each biological agent and each toxin
that has the potential to pose a severe
PO 00000
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Fmt 4700
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61363
threat to public health and safety. In
determining whether to include an
agent or toxin on the list, the HHS
Secretary considers the effect on human
health of exposure to an agent or toxin;
the degree of contagiousness of the
agent and the methods by which the
agent or toxin is transferred to humans;
the availability and effectiveness of
pharmacotherapies and immunizations
to treat and prevent illnesses resulting
from an agent or toxin; the potential for
an agent or toxin to be used as a
biological weapon; and the needs of
children and other vulnerable
populations. The Bioterrorism
Preparedness Act requires that the HHS
Secretary review and republish the list
of select agents and toxins on at least a
biennial basis.
The HHS Secretary promulgated the
current select agents and toxins lists in
a final rule, published on March 18,
2005, and made effective on April 18,
2005. The select agents and toxins lists
found in Part 73 are found in two
sections. The biological agents and
toxins listed in section 73.3 (HHS select
agents and toxins) are those biological
agents and toxins regulated only by
HHS. The biological agents and toxins
listed in section 73.4 (Overlap select
agents and toxins) are those biological
agents and toxins regulated both by
HHS and USDA under the provisions of
the Agricultural Bioterrorism Protection
Act of 2002.
The Agricultural Bioterrorism
Protection Act of 2002, Subtitle B of
Public Law 107–188 (7 U.S.C. 8401) (the
Agricultural Bioterrorism Protection
Act), requires the USDA Secretary to
establish by regulation a list of each
biological agent and each toxin that the
Secretary determines has the potential
to pose a severe threat to animal or plant
health or animal or plant products. In
determining whether to include an
agent or toxin on the list, the USDA
Secretary considers the effect of
exposure to the agent or toxin on animal
or plant health, and on the production
and marketability of animal or plant
products; the pathogenicity of the agent
or the toxicity of the toxin and the
methods by which the agent or toxin is
transferred to animals and plants; the
availability and effectiveness of
pharmacotherapies and prophylaxis to
treat and prevent any illness caused by
the agent or toxin; and the potential of
an agent or toxin for use as a biological
weapon. The USDA Secretary is also
required to conduct a biennial review of
the USDA select agents and toxins list.
To assist with the biennial review,
HHS reviewed recommendations
provided by subject matter experts and
the Intragovernmental Select Agents and
E:\FR\FM\16OCR1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 201 (Thursday, October 16, 2008)]
[Rules and Regulations]
[Pages 61358-61363]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24591]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[EPA-HQ-2005-0036; FRL-8729-7]
RIN 2060-A089
Control of Hazardous Air Pollutants From Mobile Sources:Early
Credit Technology Requirement Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to revise the February 26, 2007
mobile source air toxics rule's requirements that specify which benzene
control technologies a refiner may utilize to qualify to generate early
benzene credits. This action will allow another specific benzene
control technology, benzene alkylation, in addition to the four
operational or technological changes specified in the current rule.
This action also includes a general provision that allows a refiner to
submit a request to EPA to approve other benzene-reducing operational
changes or technologies for the purpose of generating early credits.
DATES: This final rule is effective on December 15, 2008.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-2005-0036. 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, is not placed on the Internet and 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 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/
DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Eastern
Standard Time, Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is (202) 566-1744, and the
telephone number for the Air Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: 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
[[Page 61359]]
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:
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.
----------------------------------------------------------------------------------------------------------------
NAICS \1\ SIC \2\
Category codes 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 action and the existing regulations in 40 CFR part 80.
If you have any questions regarding the applicability of this action to
a particular entity, consult the persons listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
Outline of This Preamble
I. Background
II. Response to Comments
III. This Action
IV. Environmental and Economic Impact
V. 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
K. Congressional Review Act
VI. Statutory Provisions and Legal Authority
I. Background
The Control of Hazardous Air Pollutants From Mobile Sources final
rule (also known as the Mobile Source Air Toxics rule or MSAT2) was
published on February 26, 2007 (72 FR 8428). That rule 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
vol%. 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%.
Refiners may also generate credits prior to 2011. These credits are
called early credits, and are the subject of this final rule. The MSAT2
rule allows early benzene credits to be generated 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) Achieve an annual average benzene level at least 10% lower than
its baseline level. (See Sec. 80.1275(a).)
(3) Make operational changes or improvements in benzene control
technology that will result in real benzene reductions. (See Sec.
80.1275(d).)
Any refining or operational changes may be utilized to comply with
the average benzene content requirement. However, in order to generate
early credits, the rule specifies four types of operational changes and
benzene control technology improvements that would allow a refinery to
qualify if it implemented the changes/improvements after 2005 (and if
it also met the other related requirements). Sec. 80.1275(d)(1). 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.
A refinery needs to implement at least one of these listed changes/
improvements in order to generate early credits.
This list includes all the strategies we thought would reduce fuel
benzene (and thus benzene emissions) and be cost-effective. The
provision was intended to preclude refineries from generating early
credits solely by benzene reductions achieved through ethanol blending.
The final rule does not provide a way for EPA to consider
alternative means of reducing fuel benzene and generating early
credits, no matter how effective the alternative. Soon after the rule
was finalized, it was brought to our attention that at least one
refinery had plans to install benzene alkylation technology (also known
as reformate alkylation). Benzene alkylation involves converting
benzene into other aromatic compounds by the addition of alkyl groups
to the benzene ring. Xylene, toluene and cumene are typical products
formed by benzene alkylation. Benzene alkylation is not one of the four
operational or technological changes enumerated in the final rule.
Although EPA regarded benzene alkylation as a legitimate benzene
reduction technology, and one which can be used to comply with the
standard, we did not include it in the list of technologies for
generation of early credits merely because we did not expect refiners
to use it. (See the Regulatory Impact Analysis (EPA420-R-07-002,
February 2007), Chapter 6, page 36.)
We therefore considered a request to include benzene alkylation on
the list of
[[Page 61360]]
early credit-generating technologies to have merit, and on March 12,
2008, we published a direct final rulemaking and a parallel proposal
that would have revised the February 26, 2007 MSAT2 requirement
regarding the benzene control technologies that qualify a refiner to
generate early benzene credits to allow benzene alkylation in addition
to the four operational or technological changes allowed by the MSAT2
rule. The direct final rule would have also allowed a refiner to submit
a request to EPA to approve other benzene-reducing operational changes
or technologies for the purpose of generating early credits.
We stated that if we received adverse comment by April 11, 2008,
the direct final rule would not take effect and we would publish a
timely withdrawal in the Federal Register. Commenters did in fact
submit significant adverse comment and we accordingly published a
withdrawal of the direct final rule on May 9, 2008. (See 73 FR 26325.)
We stated in the direct final rule and the parallel proposed rule that
we would address comments in any subsequent final action, which would
be based on the parallel proposed rule, without a second comment period
on the action. Today's action is based on the parallel proposed rule,
and finalizes that proposal, so that refiners using benzene alkylation
may generate early credits, and refiners can make site-specific
demonstrations to EPA which may result in other technologies being
eligible to generate early credits.
II. Response to Comments
We received comments from the Northeast States for Coordinated Air
Use Management (NESCAUM) and the New York State Department of
Environmental Conservation (NYDEC). The commenters expressed several
concerns with the rule. First, they were concerned that the rule
continued the 2007 rule's focus on gasoline benzene content rather than
benzene vehicle emissions. Second, commenters expressed the related
concern that although benzene alkylation reduces gasoline benzene
levels, it may not reduce benzene vehicle emissions. One commenter
suggested that early credits be discounted to account for vehicular
benzene emissions attributable to re-formed benzene. Commenters also
expressed concern about increased aromatics emissions from vehicles.
Finally, commenters opposed allowing other future refinery operational
changes to be approved after petition to and review by EPA for the
purpose of generating early credits.
As will be discussed below, benzene alkylation meaningfully reduces
gasoline benzene levels and thus directly reduces benzene emissions.
For this reason, we believe that allowing refiners to qualify to
generate early credits through the use of benzene alkylation is
consistent with the intent of technology requirement associated with
the early credit provisions. Use of benzene alkylation will not have
the adverse effects of concern to the commenters: benzene vehicle
emissions will be reduced, and there will not be appreciable increases
in aromatics emissions from vehicles.
Fuel aromatics and fuel benzene levels both affect vehicle benzene
emissions, but not to anywhere near the same degree. Fuel benzene has
more than a 20-fold \1\ greater impact on benzene emissions from
vehicles than other fuel components, including fuel aromatics levels.
In the March 29, 2006 proposed rule, we discussed how non-benzene
aromatics account for about 30% by volume of gasoline and contribute
about 30% of benzene emissions while benzene constitutes only about one
volume percent of the fuel but is responsible for about 25% of the
benzene emissions. (The remaining benzene emissions are formed from
other (non-aromatic) compounds. See 71 FR 15864). Based on evaluations
using the Complex Model, we concluded there that a 20% reduction in
aromatics would be needed to achieve the same level of benzene
emissions reductions as the 0.62 vol% standard. (See 71 FR 15864.) \2\
Thus, in the 2007 final rule, we concluded that fuel benzene control is
the most effective means of reducing benzene and overall MSAT emissions
because it offers measurable and certain benzene reductions that are
not affected by ``changes in fuel composition or vehicle technology.''
(See 72 FR 8477.)
---------------------------------------------------------------------------
\1\ Based on mg/mi benzene emissions per volume fraction of the
fuel component (benzene, aromatics, other) in gasoline.
\2\ Though this effect can be seen through Complex Model runs
(which is based on 1990 vehicle technology), in the 2007 rulemaking,
we found that tailpipe benzene emissions from Tier 2 vehicles have a
similar response, in that significantly greater reductions in fuel
aromatics levels are needed to get the same benzene reduction
emissions impact that results from the MSAT2 benzene standard. See
Control of Hazardous Air Pollutants from Mobile Sources, Regulatory
Impact Analysis, Chapter 6, ``Feasibility of the Benzene Control
Program,'' February 2007.
---------------------------------------------------------------------------
Reducing fuel benzene through alkylation or any other benzene
reduction technology results in greater than 95% reduction in benzene
exhaust emissions compared to the benzene emissions caused by the fuel
benzene removed. We estimate that there is less than a 1% difference
among benzene reduction technologies in their effectiveness at reducing
benzene emissions.\3\ Because benzene emissions reductions are
significant regardless of the fuel benzene reduction technology, there
is no reason to discourage the use of one technology over another. For
the same reason, we do not agree with the suggestion to discount early
credits generated by use of benzene alkylation to account for vehicular
emissions.
---------------------------------------------------------------------------
\3\ Data collected from a recent test program (described in
Chapter 6.11 of the Regulatory Impact Analysis of the 2007 MSAT
rule) suggest that a typical Tier 2 vehicle emits approximately 3.10
mg/mi of benzene when burning gasoline with 1 vol% benzene and 30
vol% aromatics. Simulations done using the Complex Model for
gasoline compliance (described in 40 CFR 80.45) suggest that
approximately 25 wt% of exhaust benzene emission is due to benzene
in the fuel (typically about 1 vol%), about 30 wt% of exhaust
benzene emission is due to aromatics in the fuel (typically about 30
vol%), and the remaining 45 wt% of exhaust benzene emission is from
the rest of the fuel (i.e., non-aromatic compounds). Given this
information, and making the assumption that alkylation would be used
to convert 0.4 vol% of benzene to 0.4 vol% aromatics (to take pool
benzene from 1.0 vol% to 0.60 vol%, slightly overcomplying with the
new standard), we can estimate that a vehicle's tailpipe benzene
emissions would be reduced from 3.10 mg/mi to 2.80 mg/mi if
alkylation were used to reduce fuel benzene, compared to 2.79 mg/mi
if another method of benzene reduction were used that did not create
additional aromatics. This difference is less than 1%, and is
relatively insensitive to the original emission level of the vehicle
or the amount of fuel benzene reduction occurring. The difference is
even smaller if one includes evaporative benzene emission, which is
reduced by an identical amount for any method of benzene reduction.
---------------------------------------------------------------------------
The commenters' concern about increases in vehicle non-benzene
aromatic emissions is also somewhat misplaced. Again, given the small
amount of benzene in gasoline (1 vol%) relative to total aromatics (20-
40 vol%), the additional contribution of aromatics attributable to
alkylating the benzene is minimal, as would be any increase in aromatic
emissions. In addition, as we discussed in the 2007 rule, fuel
aromatics levels are expected to decrease because of increased ethanol
use, so aromatics emission levels should be dropping in any event.
Thus, based on the analyses in the 2007 rule of the impacts of fuel
benzene and aromatics reductions on emissions, the slight increase in
fuel aromatics content that could result from refineries using benzene
alkylation for the purposes of generating early credits under this rule
should reduce benzene emissions that would otherwise not be reduced at
this time. No deleterious vehicle emissions impacts are expected. It
thus is appropriate for refiners using benzene alkylation to reduce
fuel benzene levels to be eligible to generate early credits.
With respect to the other portion of today's rule, we continue to
believe that allowing a refiner to petition us to use
[[Page 61361]]
an operating change not currently listed in order to qualify to
generate early benzene credits is appropriate. A refiner would have to
show in the petition that the operating change would reduce fuel
benzene levels which, as just discussed, is the best means of reducing
benzene vehicle emissions. The MSAT2 program encourages early fuel
benzene reductions in order to get early benzene emissions reductions.
This action is not about permitting a refinery to implement a new
technology or make an operating change--those actions can happen at any
time within or outside of the early credit generation window,
regardless of the refinery's intent vis-a-vis generating early credits.
Today's action requires the petitioner to show that the change they
intend to make reduces fuel benzene levels which directly and
significantly reduces benzene vehicle emissions more than any other
fuel compositional change. The petition process has the added value of
being more timely than a rulemaking, which is important since early
credits can only be generated through 2010, and refiners must apply to
generate early credits before the start of the annual averaging period
in which they first want to generate early credits.
III. This 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.
Today's action revises Sec. 80.1275(d)(1) to include benzene
alkylation in the list of acceptable reduction operational and
technological strategies. We have also included a general provision
that allows 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 must 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 must 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 must also 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.)
IV. Environmental and Economic Impact
This action allows 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 will decrease faster and
earlier than if they had not generated early credits leading to lower
benzene emissions than would have been achieved otherwise. Such credits
will also help provide for a robust credit pool when the program starts
in 2011. Vehicle benzene emissions will be reduced and there will not
be significant increases in vehicle emissions of other aromatics.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action revises 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 allows another
specific benzene control technology, benzene alkylation, to be used for
the purpose of generating early credits, and allows 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 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 action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
because the amendments in this rule 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
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of this action on small
entities, small entity is defined as: (1) A petroleum refining company
with fewer than 1,500 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.
After considering the economic impacts of today's final rule, I
certify that this action will not have a significant economic impact on
a substantial number of small entities.
D. Unfunded Mandates Reform Act
This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-
[[Page 61362]]
1538 for State, local, or tribal governments or the private sector. EPA
has determined that this 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. Today's action simply modifies the original rule in a limited
manner, and does not significantly change the original rule. Therefore,
this action is not subject to the requirements of sections 202 or 205
of the UMRA.
This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This action only
applies 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 final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. The rule amends existing
regulatory provisions applicable only to producers of gasoline and does
not alter State authority to regulate these entities. The amendments
will impose no direct costs on State or local governments. Thus,
Executive Order 13132 does not apply to this rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). 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 rule amends existing regulatory provisions applicable only to
producers of gasoline and will impose no direct costs on tribal
governments. Thus, Executive Order 13175 does not apply to this action.
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 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 Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 18355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer 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 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 final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This rule provides additional means for refiners to
qualify to generate early credits by implementing a benzene reducing
technology or operational mode. This in turn will reduce vehicle
benzene emissions.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of 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(2). This final rule will be effective on December 15, 2008.
VI. Statutory Provisions and Legal Authority
The statutory authority for the fuels controls in today's final
rule can be found in sections 202(l) and 211(c) of the Clean Air Act
(CAA), as amended. Support for any procedural and enforcement-related
aspects of the fuel controls in today's rule, including
[[Page 61363]]
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: October 9, 2008.
Stephen L. Johnson,
Administrator.
0
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
0
1. The authority citation for part 80 continues to read as follows:
Authority: 42 U.S.C. 7414, 7542, 7545 and 7601(a).
0
2. Section 80.1275 is amended as follows:
0
a. By adding paragraph (d)(1)(v).
0
b. By redesignating paragraph (d)(2) as paragraph (d)(3).
0
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.
* * * * *
[FR Doc. E8-24591 Filed 10-15-08; 8:45 am]
BILLING CODE 6560-50-P
