Regulation of Fuel and Fuel Additives: Gasoline and Diesel Fuel Test Methods, 74403-74408 [E8-28372]
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Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Proposed Rules
amount is otherwise permanently lost.
The deduction to which the service
provider is entitled equals the deferred
amount included in income under
section 409A in a previous year, less
any portion of such deferred amount
previously included in income under
section 409A that was allocated under
paragraph (f) of this section to amounts
paid under the plan, including any
deferred amount paid in the year the
right to any remaining deferred
compensation is permanently forfeited
or otherwise lost. For this purpose, a
mere diminution in the deferred amount
under the plan due to deemed
investment loss, actuarial reduction, or
other decrease in the amount deferred is
not treated as a permanent forfeiture or
loss of the right if the service provider
retains the right to an amount deferred
under the plan (whether or not such
right is subject to a substantial risk of
forfeiture as defined in § 1.409A–1(d)).
In addition, a deferred amount is not
treated as permanently forfeited or
otherwise lost if the obligation to make
the payment of such deferred amount is
substituted for another deferred amount
or obligation to make a payment in a
future year. However, a deferred amount
is treated as permanently lost if the
service provider’s right to receive the
payment of the deferred amount
becomes wholly worthless during the
taxable year. Whether the right to the
payment of a deferred amount has
become wholly worthless is determined
based on all the facts and circumstances
existing as of the last day of the relevant
service provider taxable year.
(2) Application of the plan
aggregation rules. For purposes of
determining whether the right to a
deferred amount is permanently
forfeited or otherwise lost, the plan
aggregation rules of § 1.409A–1(c) apply.
Accordingly, if the right to an identified
deferred amount under a plan is
permanently forfeited or otherwise lost,
but an additional amount remains
deferred under the plan, the service
provider is not entitled to a deduction.
(3) Examples. The following examples
illustrate the provisions of this
paragraph (g). In each example, the
service provider is an individual
taxpayer who has a calendar year
taxable year and the service recipient
does not experience bankruptcy at any
time or otherwise discharge any
obligation to make a payment of a
deferred amount, except as expressly
provided in the example. The examples
read as follows:
Example 1. For 2010, Employee S has a
total amount deferred under an elective
account balance plan of $1,000,000. The plan
fails to meet the requirements of section
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409A(a) during 2010 and Employee S
includes $1,000,000 in income under section
409A(a) for the year 2010. In 2011, Employee
S experiences investment losses but no
payments before July 1, 2011, such that
Employee S’s account balance under the plan
is $500,000. On July 1, 2011, Employee S
separates from service and receives a
$500,000 payment equal to the entire amount
deferred under the plan, and retains no other
right to deferred compensation under the
plan (including all arrangements aggregated
with the arrangement under which the
payment was made). For 2011, Employee S
is entitled to deduct $500,000 (which is the
amount Employee S previously included in
income under section 409A(a) ($1,000,000)
less the amount actually received by
Employee S ($500,000)).
Example 2. For 2010, Employee T has a
total amount deferred under an elective
account balance plan of $1,000,000. The plan
fails to meet the requirements of section
409A(a) for 2010 and Employee T includes
$1,000,000 in income under section 409A(a)
for 2010. For 2011, Employee T has a total
amount deferred under the plan of $500,000,
due solely to the deemed investment losses
attributable to Employee T’s account balance
(with no payments being made during 2011).
Because Employee T retains the right to an
amount deferred under the plan, Employee T
is not entitled to a deduction for 2011 as a
result of the deemed investment losses.
Example 3. For 2010, Employee U has a
total amount deferred under an elective
account balance plan of $1,000,000. The
elective account balance plan consists of one
arrangement providing for salary deferrals
with an amount deferred for 2010 of
$600,000, and another arrangement providing
for bonus deferrals with an amount deferred
for 2010 of $400,000. The plan fails to meet
the requirements of section 409A(a) during
2010 and Employee U includes $1,000,000 in
income under section 409A(a) for 2010. On
July 1, 2011, Employee U’s account balance
attributable to the salary deferral arrangement
is $500,000, the reduction of which is due
solely to deemed investment losses in 2011
and not any payments. On July 1, 2011,
Employee U is paid the $500,000 equaling
the entire account balance attributable to the
salary deferral arrangement. On December 31,
2011, Employee U has an account balance
attributable to the bonus deferral
arrangement equal to $300,000. Because
Employee U retains an amount deferred
under the elective account balance plan,
Employee U is not entitled to a deduction for
2011 as a result of the deemed investment
losses.
(h) Effective/applicability date. The
rules of this section apply to taxable
years ending on or after the date of
publication of the Treasury decision
adopting these rules as final regulation
in the Federal Register.
Linda E. Stiff,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. E8–28894 Filed 12–5–08; 8:45 am]
BILLING CODE 4830–01–P
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74403
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
[EPA–HQ–OAR–2008–0558; FRL–8742–7]
RIN 2060–AP17
Regulation of Fuel and Fuel Additives:
Gasoline and Diesel Fuel Test Methods
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: The Environmental Protection
Agency (EPA) is proposing to allow
refiners and laboratories to use more
current and improved fuel testing
procedures with twelve American
Society for Testing and Materials
(ASTM) analytical test methods. Once
these test method changes are adopted,
they will supersede the corresponding
earlier versions of these test methods in
EPA’s motor vehicle fuel regulations.
EPA is also proposing to take action to
allow an alternative test method for
olefins in gasoline.
DATES: Comments or a request for a
public hearing must be received on or
before January 7, 2009.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
HQ–OAR–2008–0558, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• E-mail: a-and-r-Docket@epa.gov.
• Fax: (202) 566–9744.
• Mail: ‘‘EPA–HQ–OAR–2008–0558,
Environmental Protection Agency,
Mailcode: 2822T, 1301 Constitution
Ave., NW., Washington, DC 20460.’’
• Hand delivery: EPA Headquarters
Library, Room 3334, EPA West
Building, 1301 Constitution Ave., NW.,
Washington, DC. Such deliveries are
only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID Number EPA–HQ–OAR–
2008–0558. EPA’s policy is that all
comments will be included in the
public docket without change and may
be made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or e-mail. The www.regulations.gov Web
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site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through www.regulations.gov your email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses. For additional instructions
on submitting comments, go to Unit 1.B
of the SUPPLEMENTARY INFORMATION
section of this document: https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Air Docket, EPA Headquarters
Library, Mail Code: 2822T, EPA West
Building, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading
Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
holidays. The Public Reading Room is
open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding
holidays. The telephone number for the
Public Reading Room is (202) 566–1742,
and the facsimile number for the Air
Docket is (202) 566–9744.
FOR FURTHER INFORMATION CONTACT: Joe
Sopata, Chemist, Environmental
Protection Agency, 1200 Pennsylvania
Ave. (6406J), NW., Washington, DC
20460; telephone number: (202) 343–
9034; fax number: (202) 343–2801; email address: sopata.joe@epa.gov.
SUPPLEMENTARY INFORMATION: In the
Rules and Regulations section of this
Federal Register, we are taking direct
final rule action on the proposed
amendments because we view these
amendments as non-controversial and
anticipate no adverse comments. We
have explained our reasons for the
amendments in the preamble to the
direct final rule.
The contents of today’s preamble are
listed in the following outline.
Outline
I. General Information
A. Does This Action Apply to Me?
B. What Should I Consider as I Prepare My
Comments for EPA?
II. Proposed Rule Changes
A. Updating ASTM Test Methods to Their
Most Recent Version
B. Alternative Test Method for Olefins in
Gasoline
III. 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 of 1995
(UMRA)
NAICS codes a
Category
Industry ............................................................................
Industry ............................................................................
Industry ............................................................................
a North
324110
54138
422710
422720
E. Executive Order 13123: 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
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer
Advancement Act
J. Executive Order 12898: Federal Actions
To Address Environmental Justice and
Minority Populations and Low-Income
Populations
IV. Statutory Provisions and Legal Authority
I. General Information
A. Does This Action Apply to Me?
Regulated categories and entities
potentially affected by this proposed
action include those involved with the
production, importation, distribution,
sale and storage of gasoline motor fuel
and diesel motor fuel.
The table below is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this proposed action. This
table lists the types of entities that EPA
is now aware could be potentially
regulated by this proposed action. Other
types of entities not listed in the table
could also be regulated. To determine
whether an entity is regulated by this
proposed action, one should carefully
examine the existing regulations in 40
CFR part 80. If you have questions
regarding the applicability of this
proposed action to a particular entity,
consult the person listed in the
preceding FOR FURTHER INFORMATION
CONTACT section.
Examples of
potentially
regulated parties
SIC codes b
2911
8734
5171
5172
Petroleum refiners.
Testing Laboratories.
Gasoline Marketers and Distributors.
American Industry Classification System (NAICS).
Industrial Classification (SIC) system code.
b Standard
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B. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through EDOCKET,
regulations.gov or e-mail. Clearly mark
the part of all of the information that
you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
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CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
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2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
i. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
ii. Follow directions—The agency
may ask you to respond to specific
questions or organize comments
referencing a Code of Federal
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Regulations (CFR) part or section
number.
iii. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
iv. Describe any assumptions and
provide any technical information
and/or data that you used.
v. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
vi. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
vii. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
viii. Make sure to submit your
comments by the comment period
deadline identified.
II. Proposed Rule Changes
A. Updating ASTM Test Methods to
Their Most Recent Version
Refiners, importers and oxygenate
blenders producing gasoline and diesel
motor vehicle fuel are required to test
reformulated gasoline (RFG),
conventional gasoline (CG) and diesel
fuel for various fuel parameters
including aromatics, benzene,
distillation, olefins, Reid Vapor
Pressure, oxygenate content and sulfur.
American Society for Testing and
Materials (ASTM) test method D2622 is
currently the designated test method for
measuring sulfur 1, 2 in gasoline and
diesel fuel at the 500 ppm sulfur
standard. ASTM test methods D5453,
D6920, D3120 and D7039 are currently
alternative test methods for measuring
sulfur 3, 4, 5, 6 in gasoline. ASTM test
methods D5453 and D6920 are also
alternative test methods for measuring
sulfur 7 in diesel fuel at the 500 ppm
sulfur standard. ASTM D1319 is
currently the designated test method for
measuring olefins 8 in gasoline and
aromatics 9 in diesel fuel and is also
allowed as an alternative test method for
measuring aromatics 10 in gasoline.
ASTM test method D5599 is currently
the designated test method for
measuring oxygenates 11 in gasoline.
ASTM test method D4815 is currently
an alternative test method for measuring
oxygenates 12 in gasoline. ASTM test
method D5769 is currently the
designated test method for measuring
aromatics 13 in gasoline. ASTM test
method D3606 is currently the
designated test method for measuring
benzene 14 in gasoline. ASTM test
method D86 is currently the designated
test method for measuring the
distillation 15 of gasoline. ASTM test
method D5191 is currently the
designated test method for measuring
the Reid Vapor Pressure 16 of gasoline.
Table 1 lists the designated analytical
test methods and alternative analytical
test methods which are being proposed
to be updated for parameters measured
under RFG, CG, and diesel fuels
program in today’s action. The Agency
has reviewed these updated ASTM test
methods and we are in agreement with
the revisions contained in them which
will result in improvements in the
utilization of these test methods for the
regulated industry. We believe that the
revisions in the test method changes in
today’s proposed action are not
significant changes that would cause a
user of an older version of the same
74405
method to incur significant costs. All of
the revisions were deemed necessary by
ASTM so that improvements in the test
method’s procedures would ensure
better operation for the user of the test
method. Thus, EPA is proposing today
to update the regulations for the
following ASTM test methods: (1)
ASTM D2622–05, the designated test
method for measuring sulfur in RFG,
CG, and alternative test method for
diesel fuel at the 500 ppm sulfur
standard, (2) ASTM D3120–06 ε1,
alternative test method for sulfur in
gasoline, (3) ASTM D5453–08a,
alternative test method for sulfur in
gasoline and diesel fuel at the 500 ppm
sulfur standard, (4) ASTM D6920–07,
alternative test method for sulfur in
gasoline and diesel fuel at the 500 ppm
sulfur standard, (5) ASTM D7039–07,
alternative test method for sulfur in
gasoline, (6) ASTM D1319–03 ε1,
designated test method for measuring
olefins in gasoline and aromatics in
diesel fuel, as well as the alternative test
method for measuring aromatics in
gasoline, (7) ASTM D4815–04,
alternative test method for measuring
oxygenate content in gasoline, (8) ASTM
D5599–00 (2005), the designated test
method for measuring oxygen content in
gasoline, (9) ASTM D5769–04, the
designated test method for measuring
aromatics in gasoline, (10) ASTM
D3606–07, the designated test method
for measuring benzene in gasoline, (11)
ASTM D86–07b, the designated test
method for measuring distillation
properties of gasoline, and (12) ASTM
D5191–07, the designated test method
for measuring the Reid Vapor Pressure
of gasoline.
TABLE 1—DESIGNATED AND ALTERNATIVE ASTM ANALYTICAL TEST METHODS UNDER RFG, CG & DIESEL MOTOR
VEHICLE FUEL PROGRAMS
Fuel parameter
ASTM analytical test method
Sulfur (gasoline) ..................................................
ASTM D2622–05, entitled ‘‘Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry’’.
ASTM D2622–05, entitled ‘‘Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry’’.
ASTM D5453–08a, entitled, ‘‘Standard Test Method for Determination of Total Sulfur in Light
Hydrocarbons, Spark Ignition Engine Fuel, Diesel Engine Fuel, and Engine Oil by Ultraviolet
Fluorescence’’.
ASTM D5453–08a, entitled, ‘‘Standard Test Method for Determination of Total Sulfur in Light
Hydrocarbons, Spark Ignition Engine Fuel, Diesel Engine Fuel, and Engine Oil by Ultraviolet
Fluorescence’’.
ASTM D6920–07, entitled, ‘‘Standard Test Method for Total Sulfur in Naphthas, Distillates, Reformulated Gasolines, Diesels, Biodiesels, and Motor Fuels by Oxidative Combustion and
Electrochemical Detection’’.
Sulfur (500 ppm diesel) ......................................
Sulfur (gasoline) ..................................................
Sulfur (500 ppm sulfur diesel) ............................
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Sulfur (gasoline) ..................................................
1 40
7 40
13 40
2 40
CFR 80.46(a)(1).
CFR 80.580(b)(2).
3 40 CFR 80.46(a)(3)(i).
4 40 CFR 80.46(a)(3)(ii).
5 40 CFR 80.46(a)(3)(iii).
6 40 CFR 80.46(a)(3)(iv).
8 40
14 40
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CFR 80.580(c)(2).
CFR 80.46(b).
9 40 CFR 80.2(z).
10 40 CFR 80.46(f)(3).
11 40 CFR 80.46(g)(1).
12 40 CFR 80.46(g)(2).
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CFR 80.46(f)(1).
CFR 80.46(e).
15 40 CFR 80.46(d).
16 40 CFR 80.46(c).
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TABLE 1—DESIGNATED AND ALTERNATIVE ASTM ANALYTICAL TEST METHODS UNDER RFG, CG & DIESEL MOTOR
VEHICLE FUEL PROGRAMS—Continued
Fuel parameter
ASTM analytical test method
Sulfur (500 ppm sulfur diesel) ............................
ASTM D6920–07, entitled, ‘‘Standard Test Method for Total Sulfur in Naphthas, Distillates, Reformulated Gasolines, Diesels, Biodiesels, and Motor Fuels by Oxidative Combustion and
Electrochemical Detection’’.
ASTM D3120–06 ε1, entitled, ‘‘Standard Test Method for Trace Quantities of Sulfur in Light Petroleum Hydrocarbons by Oxidative Microcoulometry’’.
ASTM D7039–07, entitled, ‘‘Standard Test Method for Sulfur in Gasoline and Diesel Fuel by
Monochromatic Wavelength Dispersive X-ray Fluorescence Spectrometry’’.
ASTM D5599–00 (2005), entitled, ‘‘Standard Test Method for Determination of Oxygenates in
Gasoline by Gas Chromatography and Oxygen Selective Flame Ionization Detection’’.
ASTM D4815–04, entitled ‘‘Standard Test Method for Determination of MTBE, ETBE, TAME,
DIPE, tertiary-Amyl Alcohol and C1 to C4 Alcohols in Gasoline by Gas Chromatography’’.
ASTM D1319–03 ε1, entitled ‘‘Standard Test Method for Hydrocarbon Types in Liquid Petroleum Products by Fluorescent Indicator Adsorption’’.
ASTM D1319–03 ε1, entitled, ‘‘Standard Test Method for Hydrocarbon Types in Liquid Petroleum Products by Fluorescent Indicator Absorption’’, for diesel fuel, this method is the designated test method, for gasoline, this method is an alternative test method and if used as
an alternative method, its results, must be correlated to ASTM D5769–04.
ASTM D5769–04, entitled, ‘‘Standard Test Method for Determination of Benzene, Toluene,
and Total Aromatics in Finished Gasolines by Gas Chromatography/Mass Spectrometry’’.
ASTM D3606–07, entitled, ‘‘Standard Test Method for Determination of Benzene and Toluene
in Finished Motor and Aviation Gasoline by Gas Chromatography’’.
ASTM D86–07b, entitled, ‘‘Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure’’.
ASTM D5191–07, entitled, ‘‘Standard Test Method for Vapor Pressure of Petroleum Products
(Mini-Method)’’.
Sulfur (gasoline) ..................................................
Sulfur (gasoline) ..................................................
Oxygen content (gasoline) ..................................
Oxygen content (gasoline) ..................................
Olefins (gasoline) ................................................
Aromatics (gasoline and diesel) .........................
Aromatics (gasoline) ...........................................
Benzene (gasoline) .............................................
Distillation (gasoline) ...........................................
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Reid Vapor Pressure (gasoline) .........................
B. Alternative Test Method for Olefins in
Gasoline
Refiners, importers and oxygenate
blenders producing gasoline are
required to test RFG, and CG for various
fuel parameters including olefins. The
test method for determining olefin
content is specified in the regulation.
Recently, the American Petroleum
Institute (API) requested in a letter to
EPA that ASTM D 6550–05 be
designated by EPA as an alternative test
method in the regulations for olefins 15
in gasoline. EPA has evaluated API’s
request on this test method issue and
agrees. Thus, EPA is proposing to allow
ASTM D6550–05 as an alternative test
method in the regulations for olefins in
gasoline, provided that its results are
correlated to ASTM D1319. The
allowance of this additional alternative
test method for olefins in gasoline will
provide the regulated community
additional flexibility in meeting their
testing requirements.
In the ‘‘Final Rules’’ section of today’s
Federal Register, we are publishing a
direct final rule that matches the
substance of this proposed rule. If the
Agency receives adverse comment or a
request for public hearing by January 7,
2009, we will withdraw the direct final
rule by publishing a timely withdrawal
notice in the Federal Register. If the
Agency receives no adverse comment or
a request for public hearing by January
15 See Air Docket # EPA–HQ–OAR–2008–0558–
0001.
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7, 2009, these test method changes will
be effective sixty (60) days after
publication of the final rule in the
Federal Register. We are confident that
sixty (60) days is sufficient lead time for
industry to become familiar and
implement these ASTM standard test
methods for the applications mentioned
above.
III. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order (EO)12866 (58 FR
51735, October 4, 1993) and is therefore
not subject to review under the EO.
B. Paperwork Reduction Act
This proposed rule does not impose
any new information collection burden.
However, the Office of Management and
Budget (OMB), under the provisions of
the Paperwork Reduction Act, 44 U.S.C.
3501 et seq., has approved the
information collection requirements
contained in the final RFG and antidumping rulemaking and gasoline
sulfur control rulemaking, and has
assigned OMB control number 2060–
0277. OMB, under the provisions of the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq., has also approved the
information collection requirements
contained in the final Tax Exempt
(Dyed) Highway Diesel Fuel rulemaking,
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and has assigned OMB control number
2060–0308. 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 today’s proposed rule on small
entities, small entity is defined as: (1) A
small business as defined by the Small
Business Administrations’ regulations at
13 CFR 121.201; (2) a small
governmental jurisdiction that is a
government of a city, county, town,
school district or special district with a
population of less than 50,000; and (3)
a small organization that is any not-forprofit enterprise which is independently
owned and operated and is not
dominant in its field. The impact of
concern is any significant adverse
economic impact on small entities since
the primary purpose of the regulatory
flexibility analysis is to identify and
address regulatory alternatives ‘‘which
minimize any significant economic
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impact of the rule on small entities.’’ 5
U.S.C. 603 and 604.
After considering the economic
impacts of today’s proposed final rule
on small entities, I certify that this
action will not have a significant
economic impact on a substantial
number of small entities. In determining
whether a rule has a significant
economic impact on a substantial
number of small entities, the impact of
concern is any significant adverse
economic impact on small entities,
since the primary purpose of the
regulatory flexibility analyses is to
identify and address regulatory
alternatives ‘‘which minimize any
significant economic impact of the rule
on small entities.’’ 5 U.S.C. 603 and 604.
Thus an Agency may certify that a rule
will not have a significant economic
impact on a substantial number of small
entities if the rule relieves regulatory
burden, or otherwise has a positive
economic effect on all of the small
entities subject to the rule.
All of the test method updates in this
proposed rule will improve the
performance and/or utilization by
industry of ASTM standard test
methods. This proposed rule does not
impose a regulatory burden on anyone,
including small businesses. Instead, this
proposed rule will have a positive
impact by improving performance of the
industry, including small businesses, by
enabling them to use more current
voluntary consensus-based standard test
methods. In addition, the allowance of
ASTM D6550–05 will provide
additional flexibility to the regulated
community, including small businesses,
in meeting olefins in gasoline testing
requirements. We have therefore
concluded that today’s proposed rule
will relieve regulatory burden for all
effected small entities. We continue to
be interested in the potential impacts of
the proposed rule on small entities and
welcome comments on issues related to
such impacts.
yshivers on PROD1PC62 with PROPOSALS
D. Unfunded Mandates Reform Act of
1995 (UMRA)
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), 2 U.S.C.
1531–1538, requires Federal agencies,
unless otherwise prohibited by law, to
assess the effects of their regulatory
actions on State, local, and tribal
governments and the private sector.
Federal agencies must also develop a
plan to provide notice to small
governments to have meaningful and
timely input in the development of EPA
regulatory proposals with significant
Federal intergovernmental mandates
and must inform, educate, and advise
VerDate Aug<31>2005
15:06 Dec 05, 2008
Jkt 217001
small governments on compliance with
the regulatory requirements.
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. All of the test method
updates in today’s action will improve
the performance and/or utilization by
industry of the test methods already
allowed by our regulations. The
allowance of ASTM D6550–05 will
provide additional flexibility to the
regulated community in meeting olefins
in gasoline testing requirements. Thus,
this proposed rule is not subject to the
requirements of sections 202 and 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.
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 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. All of the test
method updates in today’s action will
improve the performance and/or
utilization by industry of ASTM
standard test methods. The allowance of
ASTM D6550–05 will provide
additional flexibility to the regulated
community in meeting olefins in
gasoline testing requirements. Thus,
Executive Order 13132 does not apply
to this proposed 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 6,
2000). This action applies to gasoline
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
74407
refiners, blenders and importers that
supply gasoline or diesel fuel. All of the
test method updates in today’s action
will improve the performance and/or
utilization by industry of the test
methods. The allowance of ASTM
D6500–05 will provide additional
flexibility to the regulated community
in meeting olefins in gasoline testing
requirements. Thus, Executive Order
13175 does not apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health &
Safety Risk
EPA interprets EO 13045 (62 FR
19885, April 23, 1997) as applying only
to those regulatory actions that concern
health or safety risks, such that the
analysis required under section 5–501 of
the Executive Order has the potential to
influence the regulation. This action is
not subject to Executive Order 13045
because it does not establish an
environmental standard intended to
mitigate health or safety risks.
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
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 rule involves technical
standards. EPA will adopt ASTM
standards as described in Units II.A, and
II.B of the SUPPLEMENTARY INFORMATION
section of this document. All technical
standards included in today’s rule are
standards developed by ASTM, a
voluntary consensus standards body,
and thus raises no issues under the
NTTAA. The ASTM standards in
today’s action may be obtained from
E:\FR\FM\08DEP1.SGM
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Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Proposed Rules
ASTM International at 100 Barr Harbor
Drive, P.O. Box C700, West
Conshohocken, PA 19428–2959, 610–
832–9585 (phone), 610–832–9555 (fax),
or service@astm.org (e-mail); or through
the ASTM Web site (https://
www.astm.org).
yshivers on PROD1PC62 with PROPOSALS
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice and Minority Populations and
Low-Income Populations
Executive Order (EO) 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
because it does not affect the level of
protection provided to human health or
the environment. All of the test method
updates in this direct final rule will
improve the performance and/or
utilization by industry of the test
methods. The allowance of ASTM
D6500–05 will provide additional
flexibility to the regulated community
in meeting olefins in gasoline testing
requirements. This proposed rule
amendment does not relax control
measures on sources regulated by the
rule and therefore will not cause
emission increases from these sources.
IV. Statutory Provisions and Legal
Authority
Statutory authority for today’s
proposed rule comes from sections
211(c), 211(i) and 211(k) of the CAA (42
U.S.C. 7545(c) and (k)). Section 211(c)
and 211(i) allow EPA to regulate fuels
that contribute to air pollution which
endangers public health or welfare, or
which impairs emission control
equipment. Section 211(k) prescribes
requirements for RFG and CG and
requires EPA to promulgate regulations
establishing these requirements.
Additional support for the fuels controls
in today’s proposed rule comes from
sections 114(a) and 301(a) of the CAA.
List of Subjects in 40 CFR Part 80
Environmental protection, Air
pollution control, Fuel additives,
Gasoline, Diesel, Imports, Incorporation
VerDate Aug<31>2005
15:06 Dec 05, 2008
Jkt 217001
by reference, Motor vehicle pollution,
Reporting and recordkeeping
requirements.
Dated: November 13, 2008.
Stephen L. Johnson,
Administrator.
[FR Doc. E8–28372 Filed 12–5–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
45 CFR Parts 301, 302, 303, 305, and
308
RIN 0970–AC–37
Child Support Enforcement Program;
Intergovernmental Child Support
AGENCY: Administration for Children
and Families, Office of Child Support
Enforcement (OCSE).
ACTION: Notice of Proposed Rulemaking
(NPRM).
SUMMARY: These proposed regulations
would revise Federal requirements for
establishing and enforcing
intergovernmental support obligations
in Child Support Enforcement (IV–D)
program cases receiving services under
title IV–D of the Social Security Act (the
Act). The proposed changes would:
Revise current interstate requirements to
apply to case processing in all
intergovernmental cases; require the
responding State IV–D agency to pay the
cost of genetic testing; clarify
responsibility for determining in which
State tribunal a controlling order
determination is made where multiple
support orders exist; recognize and
incorporate electronic communication
advancements; and make conforming
changes to the Federal substantialcompliance audit and State selfassessment requirements.
DATES: Consideration will be given to
written comments received by February
6, 2009.
ADDRESSES: Send comments to: Office of
Child Support Enforcement,
Administration for Children and
Families, Department of Health and
Human Services, 370 L’Enfant
Promenade, SW., 4th Floor,
Washington, DC 20447, Attention:
Director, Division of Policy, Mail Stop:
OCSE/DP. Comments will be available
for public inspection Monday through
Friday, 8:30 a.m. to 5 p.m. on the 4th
floor of the Department’s offices at the
above address. You may also transmit
written comments electronically via the
PO 00000
Frm 00035
Fmt 4702
Sfmt 4702
Internet at: https://www.regulations.gov.
To download an electronic version of
the rule, you may access https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Yvette Hilderson Riddick, OCSE
Division of Policy, 202–401–4885, email: Yvette.Riddick@acf.hhs.gov. Deaf
and hearing impaired individuals may
call the Federal Dual Party Relay
Service at 1–800–877–8339 between 8
a.m. and 7 p.m. eastern time.
SUPPLEMENTARY INFORMATION:
I. Statutory Authority
Section 454(9) of the Act addresses
interstate cooperation. This notice of
proposed rulemaking is published
under the authority granted to the
Secretary of the U.S. Department of
Health and Human Services (the
Secretary) by section 1102 of the Act, 42
U.S.C. 1302. Section 1102 authorizes the
Secretary to publish regulations, not
inconsistent with the Act, which may be
necessary for the efficient
administration of the functions for
which he is responsible under the Act.
The Personal Responsibility and Work
Opportunity Reconciliation Act
(PRWORA) of 1996 amended the Act by
adding section 466(f), which mandated
that all States have in effect by January
1, 1998, the Uniform Interstate Family
Support Act (UIFSA) as approved by the
American Bar Association on February
9, 1993, and as in effect on August 22,
1996, including any amendments
officially adopted as of such date by the
National Conference of Commissioners
on Uniform State Laws (NCCUSL).
PRWORA also added sections 454(32)
and 459A of the Act, requiring State
IV–D agencies to provide services in
international cases and authorizing the
Secretary of the Department of State
(DOS) with the concurrence of the
Secretary, to enter into bilateral
arrangements with foreign countries for
child support enforcement, respectively.
Further, section 455(f) of the Act, which
authorized direct funding of Tribal
Child Support Enforcement (IV–D)
programs, was added by PRWORA and
amended by the Balanced Budget Act of
1997 (Pub. L. 105–33).
II. Background
A. Nature of the Problem
The Child Support Enforcement
program was created over 30 years ago
in response to the rise in welfare costs
resulting from increasing nonmarital
birth rates and parental desertion of
families, and to the growing demand to
relieve taxpayers of the financial burden
of supporting these families. Child
support is no longer primarily a welfare
E:\FR\FM\08DEP1.SGM
08DEP1
]]>Agencies
[Federal Register Volume 73, Number 236 (Monday, December 8, 2008)]
[Proposed Rules]
[Pages 74403-74408]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28372]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[EPA-HQ-OAR-2008-0558; FRL-8742-7]
RIN 2060-AP17
Regulation of Fuel and Fuel Additives: Gasoline and Diesel Fuel
Test Methods
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
allow refiners and laboratories to use more current and improved fuel
testing procedures with twelve American Society for Testing and
Materials (ASTM) analytical test methods. Once these test method
changes are adopted, they will supersede the corresponding earlier
versions of these test methods in EPA's motor vehicle fuel regulations.
EPA is also proposing to take action to allow an alternative test
method for olefins in gasoline.
DATES: Comments or a request for a public hearing must be received on
or before January 7, 2009.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-HQ-
OAR-2008-0558, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
E-mail: a-and-r-Docket@epa.gov.
Fax: (202) 566-9744.
Mail: ``EPA-HQ-OAR-2008-0558, Environmental Protection
Agency, Mailcode: 2822T, 1301 Constitution Ave., NW., Washington, DC
20460.''
Hand delivery: EPA Headquarters Library, Room 3334, EPA
West Building, 1301 Constitution Ave., NW., Washington, DC. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID Number EPA-HQ-OAR-
2008-0558. EPA's policy is that all comments will be included in the
public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web
[[Page 74404]]
site is an ``anonymous access'' system, which means EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an e-mail comment directly to EPA without
going through www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional instructions on submitting
comments, go to Unit 1.B of the SUPPLEMENTARY INFORMATION section of
this document: https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Air Docket, EPA
Headquarters Library, Mail Code: 2822T, EPA West Building, 1301
Constitution Ave., NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding holidays.
The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding holidays. The telephone number for the Public
Reading Room is (202) 566-1742, and the facsimile number for the Air
Docket is (202) 566-9744.
FOR FURTHER INFORMATION CONTACT: Joe Sopata, Chemist, Environmental
Protection Agency, 1200 Pennsylvania Ave. (6406J), NW., Washington, DC
20460; telephone number: (202) 343-9034; fax number: (202) 343-2801; e-
mail address: sopata.joe@epa.gov.
SUPPLEMENTARY INFORMATION: In the Rules and Regulations section of this
Federal Register, we are taking direct final rule action on the
proposed amendments because we view these amendments as non-
controversial and anticipate no adverse comments. We have explained our
reasons for the amendments in the preamble to the direct final rule.
The contents of today's preamble are listed in the following
outline.
Outline
I. General Information
A. Does This Action Apply to Me?
B. What Should I Consider as I Prepare My Comments for EPA?
II. Proposed Rule Changes
A. Updating ASTM Test Methods to Their Most Recent Version
B. Alternative Test Method for Olefins in Gasoline
III. 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 of 1995 (UMRA)
E. Executive Order 13123: 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 Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice and Minority Populations and Low-Income
Populations
IV. Statutory Provisions and Legal Authority
I. General Information
A. Does This Action Apply to Me?
Regulated categories and entities potentially affected by this
proposed action include those involved with the production,
importation, distribution, sale and storage of gasoline motor fuel and
diesel motor fuel.
The table below is not intended to be exhaustive, but rather
provides a guide for readers regarding entities likely to be regulated
by this proposed action. This table lists the types of entities that
EPA is now aware could be potentially regulated by this proposed
action. Other types of entities not listed in the table could also be
regulated. To determine whether an entity is regulated by this proposed
action, one should carefully examine the existing regulations in 40 CFR
part 80. If you have questions regarding the applicability of this
proposed action to a particular entity, consult the person listed in
the preceding FOR FURTHER INFORMATION CONTACT section.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Category NAICS codes \a\ SIC codes \b\ Examples of potentially regulated parties
--------------------------------------------------------------------------------------------------------------------------------------------------------
Industry.................................... 324110 2911 Petroleum refiners.
Industry.................................... 54138 8734 Testing Laboratories.
Industry.................................... 422710 5171 Gasoline Marketers and Distributors.
422720 5172
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ North American Industry Classification System (NAICS).
\b\ Standard Industrial Classification (SIC) system code.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
EDOCKET, regulations.gov or e-mail. Clearly mark the part of all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
i. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions--The agency may ask you to respond to
specific questions or organize comments referencing a Code of Federal
[[Page 74405]]
Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Proposed Rule Changes
A. Updating ASTM Test Methods to Their Most Recent Version
Refiners, importers and oxygenate blenders producing gasoline and
diesel motor vehicle fuel are required to test reformulated gasoline
(RFG), conventional gasoline (CG) and diesel fuel for various fuel
parameters including aromatics, benzene, distillation, olefins, Reid
Vapor Pressure, oxygenate content and sulfur. American Society for
Testing and Materials (ASTM) test method D2622 is currently the
designated test method for measuring sulfur 1, 2 in gasoline
and diesel fuel at the 500 ppm sulfur standard. ASTM test methods
D5453, D6920, D3120 and D7039 are currently alternative test methods
for measuring sulfur 3, 4, 5, 6 in gasoline. ASTM test
methods D5453 and D6920 are also alternative test methods for measuring
sulfur \7\ in diesel fuel at the 500 ppm sulfur standard. ASTM D1319 is
currently the designated test method for measuring olefins \8\ in
gasoline and aromatics \9\ in diesel fuel and is also allowed as an
alternative test method for measuring aromatics \10\ in gasoline. ASTM
test method D5599 is currently the designated test method for measuring
oxygenates \11\ in gasoline. ASTM test method D4815 is currently an
alternative test method for measuring oxygenates \12\ in gasoline. ASTM
test method D5769 is currently the designated test method for measuring
aromatics \13\ in gasoline. ASTM test method D3606 is currently the
designated test method for measuring benzene \14\ in gasoline. ASTM
test method D86 is currently the designated test method for measuring
the distillation \15\ of gasoline. ASTM test method D5191 is currently
the designated test method for measuring the Reid Vapor Pressure \16\
of gasoline.
---------------------------------------------------------------------------
\1\ 40 CFR 80.46(a)(1).
\2\ 40 CFR 80.580(b)(2).
\3\ 40 CFR 80.46(a)(3)(i).
\4\ 40 CFR 80.46(a)(3)(ii).
\5\ 40 CFR 80.46(a)(3)(iii).
\6\ 40 CFR 80.46(a)(3)(iv).
\7\ 40 CFR 80.580(c)(2).
\8\ 40 CFR 80.46(b).
\9\ 40 CFR 80.2(z).
\10\ 40 CFR 80.46(f)(3).
\11\ 40 CFR 80.46(g)(1).
\12\ 40 CFR 80.46(g)(2).
\13\ 40 CFR 80.46(f)(1).
\14\ 40 CFR 80.46(e).
\15\ 40 CFR 80.46(d).
\16\ 40 CFR 80.46(c).
---------------------------------------------------------------------------
Table 1 lists the designated analytical test methods and
alternative analytical test methods which are being proposed to be
updated for parameters measured under RFG, CG, and diesel fuels program
in today's action. The Agency has reviewed these updated ASTM test
methods and we are in agreement with the revisions contained in them
which will result in improvements in the utilization of these test
methods for the regulated industry. We believe that the revisions in
the test method changes in today's proposed action are not significant
changes that would cause a user of an older version of the same method
to incur significant costs. All of the revisions were deemed necessary
by ASTM so that improvements in the test method's procedures would
ensure better operation for the user of the test method. Thus, EPA is
proposing today to update the regulations for the following ASTM test
methods: (1) ASTM D2622-05, the designated test method for measuring
sulfur in RFG, CG, and alternative test method for diesel fuel at the
500 ppm sulfur standard, (2) ASTM D3120-06 [epsiv]\1\, alternative test
method for sulfur in gasoline, (3) ASTM D5453-08a, alternative test
method for sulfur in gasoline and diesel fuel at the 500 ppm sulfur
standard, (4) ASTM D6920-07, alternative test method for sulfur in
gasoline and diesel fuel at the 500 ppm sulfur standard, (5) ASTM
D7039-07, alternative test method for sulfur in gasoline, (6) ASTM
D1319-03 [epsiv]\1\, designated test method for measuring olefins in
gasoline and aromatics in diesel fuel, as well as the alternative test
method for measuring aromatics in gasoline, (7) ASTM D4815-04,
alternative test method for measuring oxygenate content in gasoline,
(8) ASTM D5599-00 (2005), the designated test method for measuring
oxygen content in gasoline, (9) ASTM D5769-04, the designated test
method for measuring aromatics in gasoline, (10) ASTM D3606-07, the
designated test method for measuring benzene in gasoline, (11) ASTM
D86-07b, the designated test method for measuring distillation
properties of gasoline, and (12) ASTM D5191-07, the designated test
method for measuring the Reid Vapor Pressure of gasoline.
Table 1--Designated And Alternative ASTM Analytical Test Methods Under
RFG, CG & Diesel Motor Vehicle Fuel Programs
------------------------------------------------------------------------
Fuel parameter ASTM analytical test method
------------------------------------------------------------------------
Sulfur (gasoline)............ ASTM D2622-05, entitled ``Standard Test
Method for Sulfur in Petroleum Products
by Wavelength Dispersive X-Ray
Fluorescence Spectrometry''.
Sulfur (500 ppm diesel)...... ASTM D2622-05, entitled ``Standard Test
Method for Sulfur in Petroleum Products
by Wavelength Dispersive X-Ray
Fluorescence Spectrometry''.
Sulfur (gasoline)............ ASTM D5453-08a, entitled, ``Standard Test
Method for Determination of Total Sulfur
in Light Hydrocarbons, Spark Ignition
Engine Fuel, Diesel Engine Fuel, and
Engine Oil by Ultraviolet
Fluorescence''.
Sulfur (500 ppm sulfur ASTM D5453-08a, entitled, ``Standard Test
diesel). Method for Determination of Total Sulfur
in Light Hydrocarbons, Spark Ignition
Engine Fuel, Diesel Engine Fuel, and
Engine Oil by Ultraviolet
Fluorescence''.
Sulfur (gasoline)............ ASTM D6920-07, entitled, ``Standard Test
Method for Total Sulfur in Naphthas,
Distillates, Reformulated Gasolines,
Diesels, Biodiesels, and Motor Fuels by
Oxidative Combustion and Electrochemical
Detection''.
[[Page 74406]]
Sulfur (500 ppm sulfur ASTM D6920-07, entitled, ``Standard Test
diesel). Method for Total Sulfur in Naphthas,
Distillates, Reformulated Gasolines,
Diesels, Biodiesels, and Motor Fuels by
Oxidative Combustion and Electrochemical
Detection''.
Sulfur (gasoline)............ ASTM D3120-06 [epsiv]\1\, entitled,
``Standard Test Method for Trace
Quantities of Sulfur in Light Petroleum
Hydrocarbons by Oxidative
Microcoulometry''.
Sulfur (gasoline)............ ASTM D7039-07, entitled, ``Standard Test
Method for Sulfur in Gasoline and Diesel
Fuel by Monochromatic Wavelength
Dispersive X-ray Fluorescence
Spectrometry''.
Oxygen content (gasoline).... ASTM D5599-00 (2005), entitled,
``Standard Test Method for Determination
of Oxygenates in Gasoline by Gas
Chromatography and Oxygen Selective
Flame Ionization Detection''.
Oxygen content (gasoline).... ASTM D4815-04, entitled ``Standard Test
Method for Determination of MTBE, ETBE,
TAME, DIPE, tertiary-Amyl Alcohol and C1
to C4 Alcohols in Gasoline by Gas
Chromatography''.
Olefins (gasoline)........... ASTM D1319-03 [epsiv]\1\, entitled
``Standard Test Method for Hydrocarbon
Types in Liquid Petroleum Products by
Fluorescent Indicator Adsorption''.
Aromatics (gasoline and ASTM D1319-03 [epsiv]\1\, entitled,
diesel). ``Standard Test Method for Hydrocarbon
Types in Liquid Petroleum Products by
Fluorescent Indicator Absorption'', for
diesel fuel, this method is the
designated test method, for gasoline,
this method is an alternative test
method and if used as an alternative
method, its results, must be correlated
to ASTM D5769-04.
Aromatics (gasoline)......... ASTM D5769-04, entitled, ``Standard Test
Method for Determination of Benzene,
Toluene, and Total Aromatics in Finished
Gasolines by Gas Chromatography/Mass
Spectrometry''.
Benzene (gasoline)........... ASTM D3606-07, entitled, ``Standard Test
Method for Determination of Benzene and
Toluene in Finished Motor and Aviation
Gasoline by Gas Chromatography''.
Distillation (gasoline)...... ASTM D86-07b, entitled, ``Standard Test
Method for Distillation of Petroleum
Products at Atmospheric Pressure''.
Reid Vapor Pressure ASTM D5191-07, entitled, ``Standard Test
(gasoline). Method for Vapor Pressure of Petroleum
Products (Mini-Method)''.
------------------------------------------------------------------------
B. Alternative Test Method for Olefins in Gasoline
Refiners, importers and oxygenate blenders producing gasoline are
required to test RFG, and CG for various fuel parameters including
olefins. The test method for determining olefin content is specified in
the regulation.
Recently, the American Petroleum Institute (API) requested in a
letter to EPA that ASTM D 6550-05 be designated by EPA as an
alternative test method in the regulations for olefins \15\ in
gasoline. EPA has evaluated API's request on this test method issue and
agrees. Thus, EPA is proposing to allow ASTM D6550-05 as an alternative
test method in the regulations for olefins in gasoline, provided that
its results are correlated to ASTM D1319. The allowance of this
additional alternative test method for olefins in gasoline will provide
the regulated community additional flexibility in meeting their testing
requirements.
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\15\ See Air Docket EPA-HQ-OAR-2008-0558-0001.
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In the ``Final Rules'' section of today's Federal Register, we are
publishing a direct final rule that matches the substance of this
proposed rule. If the Agency receives adverse comment or a request for
public hearing by January 7, 2009, we will withdraw the direct final
rule by publishing a timely withdrawal notice in the Federal Register.
If the Agency receives no adverse comment or a request for public
hearing by January 7, 2009, these test method changes will be effective
sixty (60) days after publication of the final rule in the Federal
Register. We are confident that sixty (60) days is sufficient lead time
for industry to become familiar and implement these ASTM standard test
methods for the applications mentioned above.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO)12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the EO.
B. Paperwork Reduction Act
This proposed rule does not impose any new information collection
burden. However, the Office of Management and Budget (OMB), under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., has
approved the information collection requirements contained in the final
RFG and anti-dumping rulemaking and gasoline sulfur control rulemaking,
and has assigned OMB control number 2060-0277. OMB, under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., has
also approved the information collection requirements contained in the
final Tax Exempt (Dyed) Highway Diesel Fuel rulemaking, and has
assigned OMB control number 2060-0308. 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 today's proposed rule on
small entities, small entity is defined as: (1) A small business as
defined by the Small Business Administrations' regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field. The impact of concern is any
significant adverse economic impact on small entities since the primary
purpose of the regulatory flexibility analysis is to identify and
address regulatory alternatives ``which minimize any significant
economic
[[Page 74407]]
impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
After considering the economic impacts of today's proposed final
rule on small entities, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
In determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus an Agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule.
All of the test method updates in this proposed rule will improve
the performance and/or utilization by industry of ASTM standard test
methods. This proposed rule does not impose a regulatory burden on
anyone, including small businesses. Instead, this proposed rule will
have a positive impact by improving performance of the industry,
including small businesses, by enabling them to use more current
voluntary consensus-based standard test methods. In addition, the
allowance of ASTM D6550-05 will provide additional flexibility to the
regulated community, including small businesses, in meeting olefins in
gasoline testing requirements. We have therefore concluded that today's
proposed rule will relieve regulatory burden for all effected small
entities. We continue to be interested in the potential impacts of the
proposed rule on small entities and welcome comments on issues related
to such impacts.
D. Unfunded Mandates Reform Act of 1995 (UMRA)
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2
U.S.C. 1531-1538, requires Federal agencies, unless otherwise
prohibited by law, to assess the effects of their regulatory actions on
State, local, and tribal governments and the private sector. Federal
agencies must also develop a plan to provide notice to small
governments to have meaningful and timely input in the development of
EPA regulatory proposals with significant Federal intergovernmental
mandates and must inform, educate, and advise small governments on
compliance with the regulatory requirements.
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. All of the test method updates in today's action will improve the
performance and/or utilization by industry of the test methods already
allowed by our regulations. The allowance of ASTM D6550-05 will provide
additional flexibility to the regulated community in meeting olefins in
gasoline testing requirements. Thus, this proposed rule is not subject
to the requirements of sections 202 and 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.
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 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. All of the test method updates
in today's action will improve the performance and/or utilization by
industry of ASTM standard test methods. The allowance of ASTM D6550-05
will provide additional flexibility to the regulated community in
meeting olefins in gasoline testing requirements. Thus, Executive Order
13132 does not apply to this proposed 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 6, 2000). This action
applies to gasoline refiners, blenders and importers that supply
gasoline or diesel fuel. All of the test method updates in today's
action will improve the performance and/or utilization by industry of
the test methods. The allowance of ASTM D6500-05 will provide
additional flexibility to the regulated community in meeting olefins in
gasoline testing requirements. Thus, Executive Order 13175 does not
apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health & Safety Risk
EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the Executive
Order has the potential to influence the regulation. This action is not
subject to Executive Order 13045 because it does not establish an
environmental standard intended to mitigate health or safety risks.
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 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 rule involves technical standards. EPA will adopt
ASTM standards as described in Units II.A, and II.B of the
SUPPLEMENTARY INFORMATION section of this document. All technical
standards included in today's rule are standards developed by ASTM, a
voluntary consensus standards body, and thus raises no issues under the
NTTAA. The ASTM standards in today's action may be obtained from
[[Page 74408]]
ASTM International at 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959, 610-832-9585 (phone), 610-832-9555 (fax),
or service@astm.org (e-mail); or through the ASTM Web site (https://
www.astm.org).
J. Executive Order 12898: Federal Actions To Address Environmental
Justice and Minority Populations and Low-Income Populations
Executive Order (EO) 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 because it does not
affect the level of protection provided to human health or the
environment. All of the test method updates in this direct final rule
will improve the performance and/or utilization by industry of the test
methods. The allowance of ASTM D6500-05 will provide additional
flexibility to the regulated community in meeting olefins in gasoline
testing requirements. This proposed rule amendment does not relax
control measures on sources regulated by the rule and therefore will
not cause emission increases from these sources.
IV. Statutory Provisions and Legal Authority
Statutory authority for today's proposed rule comes from sections
211(c), 211(i) and 211(k) of the CAA (42 U.S.C. 7545(c) and (k)).
Section 211(c) and 211(i) allow EPA to regulate fuels that contribute
to air pollution which endangers public health or welfare, or which
impairs emission control equipment. Section 211(k) prescribes
requirements for RFG and CG and requires EPA to promulgate regulations
establishing these requirements. Additional support for the fuels
controls in today's proposed rule comes from sections 114(a) and 301(a)
of the CAA.
List of Subjects in 40 CFR Part 80
Environmental protection, Air pollution control, Fuel additives,
Gasoline, Diesel, Imports, Incorporation by reference, Motor vehicle
pollution, Reporting and recordkeeping requirements.
Dated: November 13, 2008.
Stephen L. Johnson,
Administrator.
[FR Doc. E8-28372 Filed 12-5-08; 8:45 am]
BILLING CODE 6560-50-P
