Regulation of Fuel and Fuel Additives: Alternative Test Method for Olefins in Gasoline, 5319-5323 [2011-2046]
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Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Proposed Rules
nominations for the negotiated
rulemaking Committee. Written
comments are specifically requested on
the suitability of using the negotiated
rulemaking procedure to develop a
proposed valuation rule for oil
production from Indian leases.
Nominations are for all interests that
could be affected by an Indian oil
valuation rulemaking and must comply
with paragraph IV. D., Request for
Nominations, of this notice. All
nominations and written comments
must be sent to an appropriate address
as listed in the ADDRESSES section of this
notice.
Certification
For the above reasons, I hereby certify
that the Indian Oil Valuation Negotiated
Rulemaking Committee is in the public
interest.
Dated: January 25, 2011.
Ken Salazar,
Secretary, Department of the Interior.
[FR Doc. 2011–2103 Filed 1–28–11; 8:45 am]
BILLING CODE 4310–MR–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2010–0860; FRL–9249–4]
Revisions to the California State
Implementation Plan, Santa Barbara
Air Pollution Control District, Placer
County Air Pollution Control District,
Antelope Valley Air Quality
Management District, and Ventura
County Air Pollution Control District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
revisions to the Santa Barbara Air
Pollution Control District (SBAPCD),
Placer County Air Pollution Control
District (PCAPCD), Antelope Valley Air
Quality Management District
(AVAQMD), and Ventura County Air
Pollution Control District (VCAPCD)
portion of the California State
Implementation Plan (SIP). These
revisions concern volatile organic
compound (VOC) emissions from
gasoline bulk plants, terminals and
vehicle dispensing facilities. We are
proposing to approve local rules to
regulate these emission sources under
the Clean Air Act as amended in 1990
(CAA or the Act).
DATES: Any comments on this proposal
must arrive by March 2, 2011.
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SUMMARY:
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Submit comments,
identified by docket number EPA–R09–
OAR–2010–0860, by one of the
following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at https://www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
https://www.regulations.gov or e-mail.
https://www.regulations.gov is an
‘‘anonymous access’’ system, and EPA
will not know your identity or contact
information unless you provide it in the
body of your comment. If you send email directly to EPA, your e-mail
address will be automatically captured
and included as part of the public
comment. 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.
Docket: The index to the docket for
this action is available electronically at
https://www.regulations.gov and in hard
copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While
all documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
David Grounds, EPA Region IX, (415)
972–3019, grounds.david@epa.gov.
SUPPLEMENTARY INFORMATION: This
proposal addresses the following local
rules: VCAPCD Rule 70, AVAQMD Rule
461, PCAPCD Rule 215, and SBAPCD
Rule 316. In the Rules and Regulations
section of this Federal Register, we are
approving these local rules in a direct
final action without prior proposal
because we believe these SIP revisions
ADDRESSES:
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5319
are not controversial. If we receive
adverse comments, however, we will
publish a timely withdrawal of the
direct final rule and address the
comments in subsequent action based
on this proposed rule. Please note that
if we receive adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
We do not plan to open a second
comment period, so anyone interested
in commenting should do so at this
time. If we do not receive adverse
comments, no further activity is
planned. For further information, please
see the direct final action.
Dated: December 21, 2010.
Keith Takata,
Acting Regional Administrator, Region IX.
[FR Doc. 2011–1923 Filed 1–28–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
[EPA–HQ–OAR–2008–0558; FRL9260–8]
RIN 2060–AP17
Regulation of Fuel and Fuel Additives:
Alternative Test Method for Olefins in
Gasoline
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to allow
refiners and laboratories to use an
alternative test method for olefin
content in gasoline. This proposed rule
will provide flexibility to the regulated
community by allowing an additional
test method for compliance
measurement while maintaining
environmental benefits achieved from
our fuels programs.
DATES: Comments or a request for a
public hearing must be received on or
before March 2, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
HQ–OAR–2008–0558, by one of the
following methods:
Æ https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
Æ E-mail: a-and-r-Docket@epa.gov.
Æ Fax: (202) 566–9744.
Æ Mail: ‘‘EPA–HQ–OAR–2008–0558,
Environmental Protection Agency,
SUMMARY:
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Æ Mailcode: 2822T, 1301 Constitution
Ave., NW., Washington, DC 20460.’’
Æ 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 https://
www.regulations.gov, https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, 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 https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Air Docket, EPA 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:
The contents of today’s preamble are
listed in the following outline.
I. General Information
A. Does this action apply to me?
B. What should I consider as I prepare my
comments for EPA?
II. Proposed Rule Change
A. Alternative Test Method for Olefins in
Gasoline
III. Statutory and Executive Order Reviews
Category
NAICSs Codes a
Industry .....................................................................................
Industry .....................................................................................
Industry .....................................................................................
324110
54138
422710, 422720
a North
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.
SIC Codes b
Examples of potentially regulated parties
2911
8734
5171, 5172
Petroleum Refiners.
Testing Laboratories.
Gasoline Marketers and Distributors.
American Industry Classification System (NAICS).
Industrial Classification (SIC) system code.
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b Standard
B. What should I consider as I prepare
my comments for EPA?
1. Submitting Confidential Business
Information (CBI). Do not submit CBI 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
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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
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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:
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i. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
ii. Follow directions—The agency
may ask you to respond to specific
questions or organize comments
referencing a Code of Federal
Regulations (CFR) part or section
number.
iii. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
iv. Describe any assumptions and
provide any technical information and/
or data that you used.
v. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
vi. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
vii. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
viii. Make sure to submit your
comments by the comment period
deadline identified.
II. Proposed Rule Change
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A. Alternative Test Method for Olefins
in Gasoline
Refiners, importers and oxygenate
blenders producing gasoline are
required to test Reformulated Gasoline
(RFG), and conventional gasoline (CG)
for various fuel parameters including
olefin content. American Society for
Testing and Materials (ASTM) D1319 is
currently the designated test method for
measuring the olefin content of
gasoline.1
On July 6, 2006, the American
Petroleum Institute (API) petitioned the
Agency to allow ASTM D6550 as an
alternative test method for measuring
the olefin content of gasoline.2 The
Agency agreed with this request, viewed
API’s petition as non-controversial, and
because no adverse comments were
anticipated published a direct final
rule,3 along with a corresponding
proposed rule,4 on December 8, 2008,
that would allow ASTM D6550 as an
alternative test method provided no
adverse comment was received by
January 7, 2009, which was the close of
the comment period. Before the close of
the comment period, however, the
Agency received an adverse comment 5
1 40
CFR 80.46(b).
Air Docket # EPA–HQ–OAR–2008–0558–
2 See
0002.
3 73 FR 74350, December 8, 2008.
4 73 FR 74403, December 8, 2008.
5 See Air Docket # EPA–HQ–OAR–2008–0558–
0005.
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on the proposal for the allowance of
ASTM D6550 as an alternative test
method. On February 6, 2009, the
Agency published a partial withdrawal
notice 6 for the allowance of ASTM
D6550 as an alternative test method.
Since then, the American Petroleum
Institute (API) and the New York State
Department of Environmental
Conservation (NYSDEC) have provided
additional comments concerning the use
of this alternative test method. These
comments have been summarized and
our responses to them are in the
Response to Comments Document that
has been placed in the docket for this
rulemaking (Docket ID Number EPA–
HQ–OAR–2008–0558).
EPA is proposing to allow ASTM
D6550–05 (SFC) as an alternative to the
designated test method, ASTM D1319–
03ε1 (FIA), for measuring olefin content
of gasoline, provided the results are
correlated to ASTM D1319–03ε1 using a
site-specific correlation of FIA (volume
percent) versus SFC (weight percent).
The Agency is also proposing that
correlation be completed on a sitespecific basis. The Agency believes it is
in a test facility’s best interest to ensure
that the gasoline fuel set used to
develop the correlation spans the range
of olefin properties representative of
that refinery’s or importer’s gasoline
production. This gasoline fuel set would
be analyzed by the test facility’s
laboratory using both ASTM D1319–03ε1
(also known as FIA, or the designated
test method) and ASTM D6550–05. A
resulting correlation equation would
then be developed in terms of ASTM
D1319–03ε1 in volume percent and
ASTM D6550–05 in weight percent.
Thus, the applicable range of the
resulting correlation from a facility’s site
specific correlation would be consistent
with that specific facility’s olefin
content range. Furthermore, the
requirement of correlating SFC test
methods results to the FIA designated
test method produces an SFC–FIA
equivalent result that is suitable for
input into the Complex Model or for
meeting fuel reporting requirements.
EPA originally proposed a 0.857
factor to convert from mass percent to
volume percent when using ASTM
D6500–05. NYSDEC commented this
conversion factor was not intended for
universal use and may not be
appropriate for all gasoline. API
commented that there is no need to use
the 0.857 conversion factor when
developing a correlation between ASTM
D6500–05 and ASTM D1319–03.ε1 The
Agency agrees with API’s
recommendation that there is no need to
6 74
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convert olefin content measured by
ASTM D6550–05 in weight percent to
volume percent. In today’s proposal,
EPA is omitting the initial conversion of
olefin content measured by ASTM
D6500–05 in weight percent to volume
percent using the 0.857 factor, as earlier
proposed on December 8, 2008.
NYSDEC commented that a bias in
test measurement results may occur
between ASTM D1319–03ε1 and ASTM
D6550–05. The Agency agrees with
NYSDEC that a bias in gasoline olefin
measurement results may exist between
ASTM D1319–03ε1 and ASTM D6550–
05. In order to compensate for any bias
that may exist between these two
analytical test methods, EPA is
proposing to require ASTM D6550–05 to
be correlated to ASTM D1319–03,ε1 its
respective designated test method.
Refiners or importers that choose to use
ASTM D6550–05 for the measurement
of olefin content in gasoline must report
the correlated result, on a site-specific
basis, with the designated method,
ASTM D1319–03,ε1 when using the
proposed EPA-allowed alternative test
method, ASTM D6550–05. The olefin
result as determined by SFC (ASTM
D6550–05) would be correlated to FIA
(ASTM D1319–03ε1) based on a specific
site’s production and never used
directly for compliance or as an input
into the Complex Model.
The Agency believes today’s proposal
is consistent with past Agency practice
with our allowance of other alternative
test methods as specified in 40 CFR
80.46. The Agency currently allows
eight alternative test methods for the
measurement of gasoline or butane
properties provided their results are
correlated to the fuel parameter’s
respective EPA designated test method.
These alternative test methods are:
ASTM D5453, ASTM D6920, ASTM
D3120 and ASTM D7039 for sulfur in
gasoline,7 ASTM D4468 and ASTM
D3246 for sulfur in butane,8 ASTM
D1319 for aromatics in gasoline,9 and
ASTM D4815 for oxygenate content of
gasoline.10 In addition, ASTM D4294,
ASTM D6920 and ASTM D5453 are
approved alternative test methods for
measuring the sulfur content of 500
ppm diesel fuel provided its test results
are correlated to the designated test
method, ASTM D2622.11 The Agency
has evaluated ASTM D6550 as an
alternative test method for olefins in
gasoline and agrees with API’s
7 See
40 CFR 80.46(a)(3)(i) through 80.46(a)(3)(iv).
40 CFR 80.46(a)(4)(i) through 80.46(a)(4)(ii).
9 See 40 CFR 80.46(f)(3)(i).
10 See 40 CFR 80.46(g)(2)(i).
11 See 40 CFR 80.580(c)(2).
8 See
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request.12 EPA invites comments on
today’s proposal to allow ASTM D6550–
05 as an alternative test method for
olefin content of gasoline. Comments
must be received on or before March 2,
2011.
Although not the subject of today’s
proposed rule, EPA intends to establish
a performance-based test method
approach (PBTM) rule which would
provide criteria for the qualification of
alternative test methods.
III. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
This proposed rule 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.
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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 has assigned
OMB control number 2060–0277. 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 direct final rule on small
entities, small entity is defined as: (1) A
small business as defined by the Small
Business Administrations’ regulations at
13 CFR 121.201; (2) a small
governmental jurisdiction that is a
government of a city, county, town,
school district or special district with a
population of less than 50,000; and (3)
a small organization that is any not-forprofit enterprise which is independently
owned and operated and is not
dominant in its field.
12 See
EPA–HQ–OAR–2008–0558–0010.
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After considering the economic
impacts of today’s direct 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 USC 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.
This proposed rule does not impose a
regulatory burden on anyone, including
small businesses. Instead, this proposed
rule will have a positive impact by the
allowance of ASTM D 6550–05 which
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 affected small entities.
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 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.
The proposed allowance of ASTM D
6550–05 will provide additional
flexibility to the regulated community
in meeting olefins in gasoline testing
requirements. Thus, this 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
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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. The proposed
allowance of ASTM D 6550–05 will
provide additional flexibility to the
regulated community in meeting olefins
in gasoline testing requirements. Thus,
Executive Order 13132 does not apply
to this direct final 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. The proposed
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 Risks
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.
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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 a
technical standard. EPA is proposing to
adopt an ASTM standard as described
in Units II.A of the SUPPLEMENTARY
INFORMATION section of this document.
The technical standard included in
today’s rule is a standard developed by
ASTM, a voluntary consensus standards
body, and thus raises no issues under
the NTTAA. The ASTM standard in
today’s action may be obtained from
ASTM International at 100 Barr Harbor
Drive, PO 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).
emcdonald on DSK2BSOYB1PROD 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.
VerDate Mar<15>2010
15:59 Jan 28, 2011
Jkt 223001
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. The proposed
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) and 211(k) of the CAA (42.U.S.C.
7545(c) and (k)). Section 211(c) allows
EPA to regulate fuels that contribute to
air pollution which endangers public
health or welfare, or which impairs
emission control equipment. Section
211(k) prescribes requirements for RFG
and CG and requires EPA to promulgate
regulations establishing these
requirements. Additional support for
the fuels controls in today’s proposed
rule comes from sections 114(a) and
301(a) of the CAA.
5323
§ 80.46 Measurement of reformulated
gasoline fuel parameters.
*
*
*
*
*
(b) * * *
(2)(i) Any refiner or importer may
determine olefin content using ASTM
standard method ASTM D6550
(incorporated by reference, see
paragraph (h) of this section) for
purposes of meeting any testing
requirement involving olefin content;
provided that
(ii) The refiner or importer test result
is correlated with the method specified
in paragraph (b)(1) of this section on a
site-specific basis.
*
*
*
*
*
(h) * * *
(1) * * *
(iii) ASTM standard method D6550–
05 (‘‘ASTM D6550’’), Standard Test
Method for Determination of Olefin
Content of Gasolines by SupercriticalFluid Chromatography, approved
November 1, 2005.
*
*
*
*
*
[FR Doc. 2011–2046 Filed 1–28–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R08–OAR–2010–0749; FRL–9260–7]
Regulation of Fuel and Fuel Additives:
Alternative Test Method for Olefins in
Gasoline
Determination of Attainment for PM10;
Columbia Falls and Libby
Nonattainment Areas, MT
List of Subjects in 40 CFR Part 80
AGENCY:
Environmental protection, Air
pollution control, Fuel additives,
Gasoline, Diesel, Imports, Incorporation
by reference, Motor vehicle pollution,
Reporting and recordkeeping
requirements.
Dated: January 25, 2011.
Lisa P. Jackson,
Administrator.
For the reasons set forth in the
preamble, part 80 of title 40, chapter I
of the Code of Federal Regulations is
proposed to be amended as follows:
PART 80—REGULATION OF FUELS
AND FUEL ADDITIVES
1. The authority citation for part 80
continues to reads as follows:
Authority: 42 U.S.C. 7414, 7521(l), 7545
and 7601(a).
Subpart D—[Amended]
2. Section 80.46 is amended by
adding paragraphs (b)(2) and (h)(1)(iii)
to read as follows:
PO 00000
Frm 00032
Fmt 4702
Sfmt 4702
Environmental Protection
Agency (EPA).
ACTION: Proposed Rule.
EPA is proposing to
determine that the Columbia Falls and
the Libby nonattainment areas in
Montana attained the National Ambient
Air Quality Standard for particulate
matter with an aerodynamic diameter of
less than or equal to a nominal ten
micrometers (PM10) as of December 31,
1994.
DATES: Written comments must be
received on or before March 2, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2010–0749, by one of the
following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• E-mail: freeman.crystal@epa.gov.
• Fax: (303) 312–6064 (please alert
the individual listed in the FOR FURTHER
INFORMATION CONTACT if you are faxing
comments).
• Mail: Callie Videtich, Director, Air
Program, Environmental Protection
SUMMARY:
E:\FR\FM\31JAP1.SGM
31JAP1
]]>Agencies
[Federal Register Volume 76, Number 20 (Monday, January 31, 2011)]
[Proposed Rules]
[Pages 5319-5323]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2046]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[EPA-HQ-OAR-2008-0558; FRL9260-8]
RIN 2060-AP17
Regulation of Fuel and Fuel Additives: Alternative Test Method
for Olefins in Gasoline
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
allow refiners and laboratories to use an alternative test method for
olefin content in gasoline. This proposed rule will provide flexibility
to the regulated community by allowing an additional test method for
compliance measurement while maintaining environmental benefits
achieved from our fuels programs.
DATES: Comments or a request for a public hearing must be received on
or before March 2, 2011.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-HQ-
OAR-2008-0558, by one of the following methods:
[cir] https://www.regulations.gov: Follow the on-line instructions
for submitting comments.
[cir] E-mail: a-and-r-Docket@epa.gov.
[cir] Fax: (202) 566-9744.
[cir] Mail: ``EPA-HQ-OAR-2008-0558, Environmental Protection
Agency,
[[Page 5320]]
[cir] Mailcode: 2822T, 1301 Constitution Ave., NW., Washington, DC
20460.''
[cir] 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 https://www.regulations.gov, https://www.regulations.gov, including any
personal information provided, unless the comment includes information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
https://www.regulations.gov or e-mail. The https://www.regulations.gov
Web site is an ``anonymous access'' system, which means EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send an e-mail comment directly to EPA
without going through https://www.regulations.gov your e-mail address
will be automatically captured and included as part of the comment that
is placed in the public docket and made available on the Internet. If
you submit an electronic comment, EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, 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 https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in https://www.regulations.gov or in hard copy at the Air Docket, EPA
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:
The contents of today's preamble are listed in the following
outline.
I. General Information
A. Does this action apply to me?
B. What should I consider as I prepare my comments for EPA?
II. Proposed Rule Change
A. 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 NAICSs Codes \a\ SIC Codes \b\ Examples of potentially regulated parties
--------------------------------------------------------------------------------------------------------------------------------------------------------
Industry...................................... 324110 2911 Petroleum Refiners.
Industry...................................... 54138 8734 Testing Laboratories.
Industry...................................... 422710, 422720 5171, 5172 Gasoline Marketers and Distributors.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ North American Industry Classification System (NAICS).
\b\ Standard Industrial Classification (SIC) system code.
B. What should I consider as I prepare my comments for EPA?
1. Submitting Confidential Business Information (CBI). Do not
submit CBI 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:
[[Page 5321]]
i. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions--The agency may ask you to respond to
specific questions or organize comments referencing a Code of Federal
Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Proposed Rule Change
A. Alternative Test Method for Olefins in Gasoline
Refiners, importers and oxygenate blenders producing gasoline are
required to test Reformulated Gasoline (RFG), and conventional gasoline
(CG) for various fuel parameters including olefin content. American
Society for Testing and Materials (ASTM) D1319 is currently the
designated test method for measuring the olefin content of gasoline.\1\
---------------------------------------------------------------------------
\1\ 40 CFR 80.46(b).
---------------------------------------------------------------------------
On July 6, 2006, the American Petroleum Institute (API) petitioned
the Agency to allow ASTM D6550 as an alternative test method for
measuring the olefin content of gasoline.\2\ The Agency agreed with
this request, viewed API's petition as non-controversial, and because
no adverse comments were anticipated published a direct final rule,\3\
along with a corresponding proposed rule,\4\ on December 8, 2008, that
would allow ASTM D6550 as an alternative test method provided no
adverse comment was received by January 7, 2009, which was the close of
the comment period. Before the close of the comment period, however,
the Agency received an adverse comment \5\ on the proposal for the
allowance of ASTM D6550 as an alternative test method. On February 6,
2009, the Agency published a partial withdrawal notice \6\ for the
allowance of ASTM D6550 as an alternative test method. Since then, the
American Petroleum Institute (API) and the New York State Department of
Environmental Conservation (NYSDEC) have provided additional comments
concerning the use of this alternative test method. These comments have
been summarized and our responses to them are in the Response to
Comments Document that has been placed in the docket for this
rulemaking (Docket ID Number EPA-HQ-OAR-2008-0558).
---------------------------------------------------------------------------
\2\ See Air Docket EPA-HQ-OAR-2008-0558-0002.
\3\ 73 FR 74350, December 8, 2008.
\4\ 73 FR 74403, December 8, 2008.
\5\ See Air Docket EPA-HQ-OAR-2008-0558-0005.
\6\ 74 FR 6233, February 6, 2009.
---------------------------------------------------------------------------
EPA is proposing to allow ASTM D6550-05 (SFC) as an alternative to
the designated test method, ASTM D1319-03[egr]1 (FIA), for
measuring olefin content of gasoline, provided the results are
correlated to ASTM D1319-03[egr]1 using a site-specific
correlation of FIA (volume percent) versus SFC (weight percent). The
Agency is also proposing that correlation be completed on a site-
specific basis. The Agency believes it is in a test facility's best
interest to ensure that the gasoline fuel set used to develop the
correlation spans the range of olefin properties representative of that
refinery's or importer's gasoline production. This gasoline fuel set
would be analyzed by the test facility's laboratory using both ASTM
D1319-03[egr]1 (also known as FIA, or the designated test
method) and ASTM D6550-05. A resulting correlation equation would then
be developed in terms of ASTM D1319-03[egr]1 in volume
percent and ASTM D6550-05 in weight percent. Thus, the applicable range
of the resulting correlation from a facility's site specific
correlation would be consistent with that specific facility's olefin
content range. Furthermore, the requirement of correlating SFC test
methods results to the FIA designated test method produces an SFC-FIA
equivalent result that is suitable for input into the Complex Model or
for meeting fuel reporting requirements.
EPA originally proposed a 0.857 factor to convert from mass percent
to volume percent when using ASTM D6500-05. NYSDEC commented this
conversion factor was not intended for universal use and may not be
appropriate for all gasoline. API commented that there is no need to
use the 0.857 conversion factor when developing a correlation between
ASTM D6500-05 and ASTM D1319-03.[egr]1 The Agency agrees
with API's recommendation that there is no need to convert olefin
content measured by ASTM D6550-05 in weight percent to volume percent.
In today's proposal, EPA is omitting the initial conversion of olefin
content measured by ASTM D6500-05 in weight percent to volume percent
using the 0.857 factor, as earlier proposed on December 8, 2008.
NYSDEC commented that a bias in test measurement results may occur
between ASTM D1319-03[egr]1 and ASTM D6550-05. The Agency
agrees with NYSDEC that a bias in gasoline olefin measurement results
may exist between ASTM D1319-03[egr]1 and ASTM D6550-05. In
order to compensate for any bias that may exist between these two
analytical test methods, EPA is proposing to require ASTM D6550-05 to
be correlated to ASTM D1319-03,[egr]1 its respective
designated test method. Refiners or importers that choose to use ASTM
D6550-05 for the measurement of olefin content in gasoline must report
the correlated result, on a site-specific basis, with the designated
method, ASTM D1319-03,[egr]1 when using the proposed EPA-
allowed alternative test method, ASTM D6550-05. The olefin result as
determined by SFC (ASTM D6550-05) would be correlated to FIA (ASTM
D1319-03[egr]1) based on a specific site's production and
never used directly for compliance or as an input into the Complex
Model.
The Agency believes today's proposal is consistent with past Agency
practice with our allowance of other alternative test methods as
specified in 40 CFR 80.46. The Agency currently allows eight
alternative test methods for the measurement of gasoline or butane
properties provided their results are correlated to the fuel
parameter's respective EPA designated test method. These alternative
test methods are: ASTM D5453, ASTM D6920, ASTM D3120 and ASTM D7039 for
sulfur in gasoline,\7\ ASTM D4468 and ASTM D3246 for sulfur in
butane,\8\ ASTM D1319 for aromatics in gasoline,\9\ and ASTM D4815 for
oxygenate content of gasoline.\10\ In addition, ASTM D4294, ASTM D6920
and ASTM D5453 are approved alternative test methods for measuring the
sulfur content of 500 ppm diesel fuel provided its test results are
correlated to the designated test method, ASTM D2622.\11\ The Agency
has evaluated ASTM D6550 as an alternative test method for olefins in
gasoline and agrees with API's
[[Page 5322]]
request.\12\ EPA invites comments on today's proposal to allow ASTM
D6550-05 as an alternative test method for olefin content of gasoline.
Comments must be received on or before March 2, 2011.
---------------------------------------------------------------------------
\7\ See 40 CFR 80.46(a)(3)(i) through 80.46(a)(3)(iv).
\8\ See 40 CFR 80.46(a)(4)(i) through 80.46(a)(4)(ii).
\9\ See 40 CFR 80.46(f)(3)(i).
\10\ See 40 CFR 80.46(g)(2)(i).
\11\ See 40 CFR 80.580(c)(2).
\12\ See EPA-HQ-OAR-2008-0558-0010.
---------------------------------------------------------------------------
Although not the subject of today's proposed rule, EPA intends to
establish a performance-based test method approach (PBTM) rule which
would provide criteria for the qualification of alternative test
methods.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This proposed rule 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 has assigned OMB control number
2060-0277. 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 direct final rule
on small entities, small entity is defined as: (1) A small business as
defined by the Small Business Administrations' regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impacts of today's direct final rule
on small entities, 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 USC 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.
This proposed rule does not impose a regulatory burden on anyone,
including small businesses. Instead, this proposed rule will have a
positive impact by the allowance of ASTM D 6550-05 which 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 affected small entities.
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 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.
The proposed allowance of ASTM D 6550-05 will provide additional
flexibility to the regulated community in meeting olefins in gasoline
testing requirements. Thus, this 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. The proposed allowance of ASTM D
6550-05 will provide additional flexibility to the regulated community
in meeting olefins in gasoline testing requirements. Thus, Executive
Order 13132 does not apply to this direct final 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. The proposed 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 Risks
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.
[[Page 5323]]
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 a technical standard. EPA is proposing
to adopt an ASTM standard as described in Units II.A of the
SUPPLEMENTARY INFORMATION section of this document. The technical
standard included in today's rule is a standard developed by ASTM, a
voluntary consensus standards body, and thus raises no issues under the
NTTAA. The ASTM standard in today's action may be obtained from ASTM
International at 100 Barr Harbor Drive, PO 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. The proposed 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) and 211(k) of the CAA (42.U.S.C. 7545(c) and (k)). Section
211(c) allows EPA to regulate fuels that contribute to air pollution
which endangers public health or welfare, or which impairs emission
control equipment. Section 211(k) prescribes requirements for RFG and
CG and requires EPA to promulgate regulations establishing these
requirements. Additional support for the fuels controls in today's
proposed rule comes from sections 114(a) and 301(a) of the CAA.
Regulation of Fuel and Fuel Additives: Alternative Test Method for
Olefins in Gasoline
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: January 25, 2011.
Lisa P. Jackson,
Administrator.
For the reasons set forth in the preamble, part 80 of title 40,
chapter I of the Code of Federal Regulations is proposed to be amended
as follows:
PART 80--REGULATION OF FUELS AND FUEL ADDITIVES
1. The authority citation for part 80 continues to reads as
follows:
Authority: 42 U.S.C. 7414, 7521(l), 7545 and 7601(a).
Subpart D--[Amended]
2. Section 80.46 is amended by adding paragraphs (b)(2) and
(h)(1)(iii) to read as follows:
Sec. 80.46 Measurement of reformulated gasoline fuel parameters.
* * * * *
(b) * * *
(2)(i) Any refiner or importer may determine olefin content using
ASTM standard method ASTM D6550 (incorporated by reference, see
paragraph (h) of this section) for purposes of meeting any testing
requirement involving olefin content; provided that
(ii) The refiner or importer test result is correlated with the
method specified in paragraph (b)(1) of this section on a site-specific
basis.
* * * * *
(h) * * *
(1) * * *
(iii) ASTM standard method D6550-05 (``ASTM D6550''), Standard Test
Method for Determination of Olefin Content of Gasolines by
Supercritical-Fluid Chromatography, approved November 1, 2005.
* * * * *
[FR Doc. 2011-2046 Filed 1-28-11; 8:45 am]
BILLING CODE 6560-50-P
