Regulation of Fuel and Fuel Additives; Modification to Octamix Waiver (TOLAD), 35677-35679 [2012-14569]
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Federal Register / Vol. 77, No. 115 / Thursday, June 14, 2012 / Notices
Short-Term Revision submitted by
Texas is no less stringent than the
corresponding federal regulation.
Therefore, EPA intends to approve the
program revision.
All interested parties may
request a public hearing. A request for
a public hearing must be submitted by
July 16, 2012 to the Regional
Administrator at the EPA Region 6
address shown below. Frivolous or
insubstantial requests for a hearing may
be denied by the Regional
Administrator. However, if a substantial
request for a public hearing is made by
July 16, 2012, a public hearing will be
held. If no timely and appropriate
request for a hearing is received and the
Regional Administrator does not elect to
hold a hearing on his own motion, this
determination shall become final and
effective on July 16, 2012. Any request
for a public hearing shall include the
following information: The name,
address, and telephone number of the
individual, organization, or other entity
requesting a hearing; a brief statement of
the requesting person’s interest in the
Regional Administrator’s determination
and a brief statement of the information
that the requesting person intends to
submit at such hearing; and the
signature of the individual making the
request, or, if the request is made on
behalf of an organization or other entity,
the signature of a responsible official of
the organization or other entity.
DATES:
All documents relating to
this determination are available for
inspection between the hours of
8:00 a.m. and 4:30 p.m., Monday
through Friday, at the following offices:
Texas Commission on Environmental
Quality, Water Supply Division, Public
Drinking Water Section (MC–155),
Building F, 12100 Park 35 Circle,
Austin, TX 78753; and United States
Environmental Protection Agency,
Region 6, Drinking Water Section
(6WQ–SD), 1445 Ross Avenue, Suite
1200, Dallas, Texas 75202.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
pmangrum on DSK3VPTVN1PROD with NOTICES
Damon McElroy, EPA Region 6,
Drinking Water Section at the Dallas
address given above or at telephone
(214) 665–7159, or by email at
mcelroy.damon@epa.gov.
Authority: Section 1413 of the Safe
Drinking Water Act, as amended (1996), and
40 CFR part 142 of the National Primary
Drinking Water Regulations.
Dated: June 7, 2012.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2012–14570 Filed 6–13–12; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OAR–2011–0894; FRL–9681–1]
Regulation of Fuel and Fuel Additives;
Modification to Octamix Waiver
(TOLAD)
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The Environmental Protection
Agency has reconsidered a portion of a
fuel waiver granted to the Texas
Methanol Corporation (Texas Methanol)
under the Clean Air Act on February 8,
1988. This waiver was previously
reconsidered and modified on October
28, 1988 in a Federal Register
publication titled ‘‘Fuel and Fuel
Additives; Modification of a Fuel
Waiver Granted to the Texas Methanol
Corporation.’’ Today’s notice approves
the use of an alternative corrosion
inhibitor, TOLAD MFA–10A, in Texas
Methanol’s gasoline-alcohol fuel,
OCTAMIX.
SUMMARY:
EPA has established a
docket for this action under Docket ID
Number EPA–HQ–OAR–2011–0894. All
documents and public comments in the
docket are listed on the https://
www.regulations.gov Web site.
Publically available docket materials are
available either electronically through
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: For
information regarding this notice
contact, Joseph R. Sopata, U.S.
Environmental Protection Agency,
Office of Air and Radiation, Office of
Transportation and Air Quality, (202)
343–9034, fax number, (202) 343–2800,
email address: sopata.joe@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Background
Section 211(f)(1) of the Clean Air Act
(CAA or the Act) makes it unlawful for
any manufacturer of any fuel or fuel
additive to first introduce into
commerce, or to increase the
concentration in use of, any fuel or fuel
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Sfmt 4703
35677
additive for use by any person in motor
vehicles manufactured after model year
1974, which is not substantially similar
to any fuel or fuel additive utilized in
the certification of any model year 1975,
or subsequent model year, vehicle or
engine under section 206 of the Act. The
Environmental Protection Agency (EPA
or the Agency) last issued an
interpretive rule on the phrase
‘‘substantially similar’’ at 73 FR 22281
(April 25, 2008). Generally speaking,
this interpretive rule describes the types
of unleaded gasoline that are likely to be
considered ‘‘substantially similar’’ to
the unleaded gasoline utilized in EPA’s
certification program by placing limits
on a gasoline’s chemical composition as
well as its physical properties,
including the amount of alcohols and
ethers (oxygenates) that may be added to
gasoline. Fuels that are found to be
‘‘substantially similar’’ to EPA’s
certification fuels may be registered and
introduced into commerce. The current
‘‘substantially similar’’ interpretive rule
for unleaded gasoline allows no more
than 2.7 percent oxygen by weight for
certain ethers and alcohols.
Section 211(f)(4) of the Act provides
that upon application of any fuel or fuel
additive manufacturer, the
Administrator may waive the
prohibitions of section 211(f)(1) if the
Administrator determines that the
applicant has established that the fuel or
fuel additive, or a specified
concentration thereof, will not cause or
contribute to a failure of any emission
control device or system (over the useful
life of the motor vehicle, motor vehicle
engine, nonroad engine or nonroad
vehicle in which such device or system
is used) to achieve compliance by the
vehicle or engine with the emission
standards to which it has been certified
pursuant to sections 206 and 213(a) of
the Act. The statute requires that the
Administrator shall take final action to
grant or deny an application after public
notice and comment, within 270 days of
receipt of the application.
The Texas Methanol Corporation
received a waiver under CAA section
211(f)(4) for a gasoline-alcohol fuel
blend, known as OCTAMIX,1 provided
that the resultant fuel is composed of a
maximum of 3.7 percent by weight
oxygen, a maximum of 5 percent by
volume methanol, a minimum of 2.5
percent by volume co-solvents 2 and
1 OCTAMIX waiver decision, 53 FR 3636
(February 8, 1988).
2 The co-solvents are any one or a mixture of
ethanol, propanols, butanols, pentanols, hexanols,
heptanols and octanols with the following
constraints: the ethanol, propanols and butanols or
mixtures thereof must compose a minimum of 60
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35678
Federal Register / Vol. 77, No. 115 / Thursday, June 14, 2012 / Notices
42.7 milligrams per liter (mg/l) of
Petrolite TOLAD MFA–10 corrosion
inhibitor.3 In the OCTAMIX waiver, the
Agency invited other corrosion inhibitor
manufacturers to submit test data to
establish, on a case-by-case basis,
whether their fuel additive formulations
are acceptable as alternatives to TOLAD
MFA–10.4
On October 14, 2011, Baker Hughes
requested EPA allow the use of its
alternative corrosion inhibitor,
TOLADTM MFA–10A, in the OCTAMIX
gasoline-alcohol fuel blend which
otherwise would not be allowed under
the waiver.5 TOLADTM MFA–10A is a
fuel additive formulation consisting of a
corrosion inhibitor.
On January 20, 2012, EPA published
a notice in the Federal Register (77 FR
2979) announcing receipt of Baker
Hughes’s request and inviting comment
on it. The comment period closed on
February 21, 2012. EPA received
comments from four commenters
(discussed below).
pmangrum on DSK3VPTVN1PROD with NOTICES
II. Discussion
One of the major areas of concern to
EPA in reviewing any waiver request is
the problem of materials compatibility.
Materials compatibility data could show
a potential failure of fuel systems,
emissions related parts and emission
control parts from use of the fuel or fuel
additive. Any failure could result in
greater emissions that would cause or
contribute to the engines or vehicles
exceeding their emissions standards.
Initially, Texas Methanol requested the
use of TOLAD MFA–10 or an
appropriate concentration of any other
corrosion inhibitor such that the fuel
will pass the National Association of
Corrosion Engineer’s TM–01–72 (NACE
RUST TEST). However, EPA concluded
that compliance with the NACE Rust
Test alone was not adequate in
determining suitability of a corrosion
inhibitor for use under the OCTAMIX
waiver.6 The Agency decided, therefore,
to look at corrosion inhibitors on a caseby-case basis to establish whether each
formulation would be acceptable as an
alternative to the formulation of the
original corrosion inhibitor, TOLAD
percent by weight of the co-solvent mixture; a
maximum limit of 40 percent by weight of the cosolvents mixture is placed on the pentanols,
hexanols, heptanols and octanols; and the
heptanols and octanols are limited to 5 percent by
weight of the co-solvent mixture.
3 Additional conditions were the final fuel must
meet ASTM volatility specifications contained in
ASTM D439–85a, as well as phase separation
conditions specified in ASTM D–2 Proposal P–176
and Texas Methanol alcohol purity specifications.
4 53 FR at 3637.
5 EPA–HQ–OAR–2011–0894–0001.
6 53 FR at 3637.
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MFA–10, used in the OCTAMIX
waiver.7
In order to determine whether the
OCTAMIX waiver would meet the
criteria of section 211(f) if TOLAD
MFA–10A were to be used an
alternative corrosion inhibitor, EPA
reviewed all data submitted with or
referenced by the Baker Hughes
application. Baker Hughes provided
data showing their corrosion inhibitor,
TOLAD MFA–10A, met the NACE
corrosion test.8 EPA also considered the
information received from the public
during the public comment period.
There were four public comments
submitted to the Agency in response to
the notice published on January 20,
2012. Carbon Recycling International,9
Methanex,10 Methanol Institute 11 and
TEIR Associates Incorporated 12
submitted comments in support of
allowing TOLAD MFA–10A as an
alternative corrosion inhibitor for use in
the OCTAMIX fuel. Two of these
commenters noted that the original
corrosion inhibitor, TOLAD MFA–10,
had been used successfully by several
refiners on a commercial basis as an
effective corrosion inhibitor. Two
commenters, in addition to Baker
Hughes, stated that the active
ingredients for corrosion inhibitor
efficacy are the same for both TOLAD
MFA–10 and TOLAD MFA–10A, while
one commenter in addition to Baker
Hughes noted that the only difference
between these two corrosion inhibitor
formulations is a solvent to improve
additive handling in commerce. Three
commenters noted that the Baker
Hughes’ evaluation of both TOLAD
MFA–10 and TOLAD MFA–10A
resulted in equivalent passing
performance with regards to the NACE
corrosion test.13
TOLAD MFA–10A is a fuel additive
containing the same active ingredients
for corrosion inhibitor efficacy with
OCTAMIX gasoline-alcohol fuels as the
original corrosion inhibitor approved in
the OCTAMIX waiver, TOLAD MFA–10.
The only difference between TOLAD
MFA–10 and TOLAD MFA–10A is a
solvent formulation change to improve
additive handling in commerce. Both
TOLAD MFA–10 and TOLAD MFA–
10A were evaluated under the most
aggressive fuel formulation of alcohols
allowed under the OCTAMIX waiver
that included only methanol at 5
7 53
FR at 3637.
Standard TM–01–72.
9 EPA–HQ–OAR–2011–0894–0008.
10 EPA–HQ–OAR–2011–0894–0007.
11 EPA–HQ–OAR–2011–0894–0005.
12 EPA–HQ–OAR–2011–0894–0006.
13 EPA–HQ–OAR–2011–0894–0002 and EPA–
HQ–OAR–2011–0894–0003.
8 NACE
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volume percent and ethanol at 2.5
volume percent. The use of higher
molecular weight cosolvent alcohols,
such as propanols or butanols, would
tend to be less corrosive. Both TOLAD
MFA–10 and TOLAD MFA–10A passed
the NACE corrosion test with the most
aggressive fuel allowed under the
OCTAMIX waiver. Since TOLAD MFA–
10A passed the NACE corrosion test
using the most aggressive fuel
formulation allowed under the
OCTAMIX waiver, the Agency believes
that Baker Hughes has demonstrated
that TOLAD MFA–10A is an effective
corrosion inhibitor for use under the
OCTAMIX waiver.
With regard to the question of the
emissions impacts of TOLAD MFA–
10A, its minimum treat rate of 25 mg/
l is about 40 percent less than TOLAD
MFA–10. The chemical composition
and treat rate of TOLAD MFA–10A,
which is less than 0.01 mass percent by
weight, is such that it is a fuel additive
falling under the baseline gasoline fuel
grouping category 14 under our fuel and
fuel additive registration regulations. In
addition, the chemical composition and
treat rate of TOLAD MFA–10A is such
that it is a fuel additive that meets our
gasoline substantially similar
definition.15 Given that TOLAD MFA–
10A is a fuel additive that is both
substantially similar to the fuel
additives used in our certification
program and a fuel additive falling
under our baseline gasoline fuel
category, one would not expect
significant emissions changes from the
use of TOLAD MFA–10A compared to
other fuel additives that fall under the
baseline gasoline fuel category, which
also includes TOLAD MFA–10 and
DMA–67. Therefore, as long as the other
conditions of the OCTAMIX waiver are
met, which include applicable gasoline
volatility specifications,16 gasoline
phase separation specifications 17 and
alcohol purity conditions,18 the Agency
14 See
40 CFR 79.56(e)(3)(i).
our most recent substantially similar
gasoline interpretative rule, please see: https://
www.epa.gov/fedrgstr/EPA-AIR/2008/April/Day-25/
a8944.pdf.
16 See 40 CFR 80.27 for applicable volatility
specifications for conventional gasoline, or 40 CFR
80 Subpart D for reformulated gasoline
requirements, or any applicable state
implementation plan approved by EPA that
includes low RVP fuel.
17 See American Society for Testing and Materials
(ASTM) D4814 for applicable gasoline phase
separation conditions.
18 Additional conditions were the final fuel must
meet ASTM volatility specifications contained in
ASTM D439–85a (ASTM D4814 supercedes ASTM
D439–85a), as well as phase separation conditions
specified in ASTM D–2 Proposal P–176 (ASTM
D4814 supercedes ASTM D–2 Proposal P–176) and
Texas Methanol alcohol purity specifications.
15 For
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Federal Register / Vol. 77, No. 115 / Thursday, June 14, 2012 / Notices
believes the that the use of TOLAD
MFA–10A in place of TOLAD MFA–10
will allow engines and vehicles to
remain compliant with their emissions
standards when using fuels made as
approved under the original conditions
granted for the OCTAMIX waiver.
pmangrum on DSK3VPTVN1PROD with NOTICES
III. Finding and Conclusion
Based on the information submitted
by Baker Hughes in its application, and
the additional information received
during the public comment period, I
conclude that the performance of
TOLAD MFA–10A in OCTAMIX would
be comparable to TOLAD MFA–10, the
original corrosion inhibitor approved
under the OCTAMIX waiver. Therefore,
I am modifying condition (3) of the
OCTAMIX waiver to read as follows:
(3) Any one of the following four
corrosion inhibitors must be included:
(a) Petrolite’s corrosion inhibitor
formulation, TOLAD MFA–10, blended
in the final fuel at 42.7 mg/l;
OR
(b) DuPont’s corrosion inhibitor
formulation, DMA–67, blended in the
final fuel at 31.4 mg/l;
OR
(c) Spirit of 21st Century LLC’s
corrosion inhibitor formulation,
TXCeed, blended in the final fuel at 3.9
ml/gal (987.6 mg/l);
OR
(d) Baker Hughes’s corrosion inhibitor
formulation, TOLAD MFA–10A,
blended in the final fuel at 25 mg/l.
This action should provide additional
flexibility to any manufacturer wishing
to produce the OCTAMIX blend. At the
same time, any manufacturer wishing to
use a corrosion inhibitor other than the
four permitted by the OCTAMIX waiver
must apply for a further modification of
the waiver. Since EPA is still unaware
of any basis for extrapolating findings in
the emissions impact of one corrosion
inhibitor to other corrosion inhibitors,
the Agency will continue to examine the
emissions impact of specific corrosion
inhibitor formulations on a case-by-case
basis.
IV. Miscellaneous
This waiver modification decision is
final agency action of national
applicability for purposes of section
307(b)(1) of the Act. Pursuant to CAA
section 307(b)(1), judicial review of this
final agency action may be sought only
in the United States Court of Appeals
for the District of Columbia Circuit.
Petitions for review must be filed by
August 13, 2012. Judicial review of this
final agency action may not be obtained
in subsequent proceedings, pursuant to
CAA section 307(b)(2). This action is
not a rulemaking and is not subject to
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14:34 Jun 13, 2012
Jkt 226001
the various statutory and other
provisions applicable to a rulemaking.
35679
Government Review Time: 50 hours.
Cost to the Government: $2,000.
Dated: June 7, 2012.
Lisa P. Jackson,
Administrator.
Sharon A. Whitt,
Agency Clearance Officer.
[FR Doc. 2012–14569 Filed 6–13–12; 8:45 am]
BILLING CODE 6690–01–P
[FR Doc. 2012–14551 Filed 6–13–12; 8:45 am]
BILLING CODE 6560–50–P
EXPORT-IMPORT BANK OF THE
UNITED STATES
[Public Notice 2012–0134]
Agency Information Collection
Activities: Final Collection; Comment
Request
Export-Import Bank of the U.S.
ACTION: Submission for OMB review and
comments request.
EXPORT-IMPORT BANK OF THE
UNITED STATES
[Public Notice 2012–0136]
Agency Information Collection
Activities: Final Collection; Comment
Request
Export-Import Bank of the U.S.
Submission for OMB Review
and Comments Request.
AGENCY:
AGENCY:
ACTION:
Form Title: EIB 09–01 Payment
Default Report OMB 3048–0028.
SUMMARY: The Export-Import Bank of
the United States (Ex-Im Bank), as a part
of its continuing effort to reduce
paperwork and respondent burden,
invites the general public and other
Federal Agencies to comment on the
proposed information collection, as
required by the Paperwork Reduction
Act of 1995.
This collection allows insured/
guaranteed parties and insurance
brokers to report overdue payments
from the borrower and/or guarantor. ExIm Bank customers will submit this
form electronically through Ex-Im
Online, replacing paper reporting. Ex-Im
Bank has simplified reporting of
payment defaults in this form by
including checkboxes and providing for
many fields to be self-populated. Ex-Im
Bank provides insurance, loads, and
guarantees for the financing of exports
of goods and services.
DATES: Comments should be received on
or before August 13, 2012 to be assured
of consideration.
ADDRESSES: Direct all comments to
Mauricio Paredes, Export-Import Bank
of the United States, 811 Vermont Ave.
NW., Washington, DC 20571.
SUPPLEMENTARY INFORMATION:
Titles and Form Number: EIB 09–01
Payment Default Report.
OMB Number: 3048–0028.
Type of Review: Regular.
Need and Use: the information
requested enables insured/guaranteed
parties and insurance brokers to report
overdue payments from the borrower
and/or guarantor.
Affected Public: Insured/guaranteed
parties and brokers.
Annual Number of Respondents: 200.
Estimated Time per Respondent: 15
minutes.
Form Title: EIB 94–08 Notification
and Assignment by Insured to Financial
Institution of Medium Term Export
Credit Insurance Policy.
SUMMARY: The Export-Import Bank of
the United States (Ex-Im Bank), as a part
of its continuing effort to reduce
paperwork and respondent burden,
invites the general public and other
Federal Agencies to comment on the
proposed information collection, as
required by the Paperwork Reduction
Act of 1995. Ex-Im Bank is requesting an
emergency approval of Ex-Im Bank form
EIB 94–08, Notification and Assignment
by Insured to Financial Institution of
Medium Term Export Credit Insurance
Policy. Ex-Im Bank’s exporter policy
holders, along with the financial
institution providing it with financing,
provide this form to Ex-Im Bank. The
form transfers the duties and obligations
of the insured exporter to the financial
institution. It also provides
certifications to the financial institution
and Ex-Im Bank that the financed export
transaction results in a valid,
enforceable, and performing debt
obligation. Exporter policy holders need
this form to obtain financing for their
medium term export sales. Ex-Im Bank
believes that EIB 94–08 requires
emergency approval in order to
continue operation of its medium term
program for U.S. exporters.
Lack of an emergency approval of this
form would greatly restrict our ability to
support many of the export sales made
by U.S. businesses. Without this form, it
would not be possible for financial
institutions to obtain sufficient comfort
to provide funding to our exporter
policy holders. This would adversely
impact Ex-Im Bank’s ability to finance
small business exporters and its overall
mission to support U.S. exports and
maintain U.S. jobs. Accordingly, Ex-Im
Bank requests emergency approval of
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Agencies
[Federal Register Volume 77, Number 115 (Thursday, June 14, 2012)]
[Notices]
[Pages 35677-35679]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14569]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2011-0894; FRL-9681-1]
Regulation of Fuel and Fuel Additives; Modification to Octamix
Waiver (TOLAD)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency has reconsidered a portion
of a fuel waiver granted to the Texas Methanol Corporation (Texas
Methanol) under the Clean Air Act on February 8, 1988. This waiver was
previously reconsidered and modified on October 28, 1988 in a Federal
Register publication titled ``Fuel and Fuel Additives; Modification of
a Fuel Waiver Granted to the Texas Methanol Corporation.'' Today's
notice approves the use of an alternative corrosion inhibitor, TOLAD
MFA-10A, in Texas Methanol's gasoline-alcohol fuel, OCTAMIX.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-HQ-OAR-2011-0894. All documents and public comments in the
docket are listed on the https://www.regulations.gov Web site.
Publically available docket materials are available either
electronically through 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: For information regarding this notice
contact, Joseph R. Sopata, U.S. Environmental Protection Agency, Office
of Air and Radiation, Office of Transportation and Air Quality, (202)
343-9034, fax number, (202) 343-2800, email address:
sopata.joe@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 211(f)(1) of the Clean Air Act (CAA or the Act) makes it
unlawful for any manufacturer of any fuel or fuel additive to first
introduce into commerce, or to increase the concentration in use of,
any fuel or fuel additive for use by any person in motor vehicles
manufactured after model year 1974, which is not substantially similar
to any fuel or fuel additive utilized in the certification of any model
year 1975, or subsequent model year, vehicle or engine under section
206 of the Act. The Environmental Protection Agency (EPA or the Agency)
last issued an interpretive rule on the phrase ``substantially
similar'' at 73 FR 22281 (April 25, 2008). Generally speaking, this
interpretive rule describes the types of unleaded gasoline that are
likely to be considered ``substantially similar'' to the unleaded
gasoline utilized in EPA's certification program by placing limits on a
gasoline's chemical composition as well as its physical properties,
including the amount of alcohols and ethers (oxygenates) that may be
added to gasoline. Fuels that are found to be ``substantially similar''
to EPA's certification fuels may be registered and introduced into
commerce. The current ``substantially similar'' interpretive rule for
unleaded gasoline allows no more than 2.7 percent oxygen by weight for
certain ethers and alcohols.
Section 211(f)(4) of the Act provides that upon application of any
fuel or fuel additive manufacturer, the Administrator may waive the
prohibitions of section 211(f)(1) if the Administrator determines that
the applicant has established that the fuel or fuel additive, or a
specified concentration thereof, will not cause or contribute to a
failure of any emission control device or system (over the useful life
of the motor vehicle, motor vehicle engine, nonroad engine or nonroad
vehicle in which such device or system is used) to achieve compliance
by the vehicle or engine with the emission standards to which it has
been certified pursuant to sections 206 and 213(a) of the Act. The
statute requires that the Administrator shall take final action to
grant or deny an application after public notice and comment, within
270 days of receipt of the application.
The Texas Methanol Corporation received a waiver under CAA section
211(f)(4) for a gasoline-alcohol fuel blend, known as OCTAMIX,\1\
provided that the resultant fuel is composed of a maximum of 3.7
percent by weight oxygen, a maximum of 5 percent by volume methanol, a
minimum of 2.5 percent by volume co-solvents \2\ and
[[Page 35678]]
42.7 milligrams per liter (mg/l) of Petrolite TOLAD MFA-10 corrosion
inhibitor.\3\ In the OCTAMIX waiver, the Agency invited other corrosion
inhibitor manufacturers to submit test data to establish, on a case-by-
case basis, whether their fuel additive formulations are acceptable as
alternatives to TOLAD MFA-10.\4\
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\1\ OCTAMIX waiver decision, 53 FR 3636 (February 8, 1988).
\2\ The co-solvents are any one or a mixture of ethanol,
propanols, butanols, pentanols, hexanols, heptanols and octanols
with the following constraints: the ethanol, propanols and butanols
or mixtures thereof must compose a minimum of 60 percent by weight
of the co-solvent mixture; a maximum limit of 40 percent by weight
of the co-solvents mixture is placed on the pentanols, hexanols,
heptanols and octanols; and the heptanols and octanols are limited
to 5 percent by weight of the co-solvent mixture.
\3\ Additional conditions were the final fuel must meet ASTM
volatility specifications contained in ASTM D439-85a, as well as
phase separation conditions specified in ASTM D-2 Proposal P-176 and
Texas Methanol alcohol purity specifications.
\4\ 53 FR at 3637.
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On October 14, 2011, Baker Hughes requested EPA allow the use of
its alternative corrosion inhibitor, TOLAD\TM\ MFA-10A, in the OCTAMIX
gasoline-alcohol fuel blend which otherwise would not be allowed under
the waiver.\5\ TOLADTM MFA-10A is a fuel additive
formulation consisting of a corrosion inhibitor.
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\5\ EPA-HQ-OAR-2011-0894-0001.
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On January 20, 2012, EPA published a notice in the Federal Register
(77 FR 2979) announcing receipt of Baker Hughes's request and inviting
comment on it. The comment period closed on February 21, 2012. EPA
received comments from four commenters (discussed below).
II. Discussion
One of the major areas of concern to EPA in reviewing any waiver
request is the problem of materials compatibility. Materials
compatibility data could show a potential failure of fuel systems,
emissions related parts and emission control parts from use of the fuel
or fuel additive. Any failure could result in greater emissions that
would cause or contribute to the engines or vehicles exceeding their
emissions standards. Initially, Texas Methanol requested the use of
TOLAD MFA-10 or an appropriate concentration of any other corrosion
inhibitor such that the fuel will pass the National Association of
Corrosion Engineer's TM-01-72 (NACE RUST TEST). However, EPA concluded
that compliance with the NACE Rust Test alone was not adequate in
determining suitability of a corrosion inhibitor for use under the
OCTAMIX waiver.\6\ The Agency decided, therefore, to look at corrosion
inhibitors on a case-by-case basis to establish whether each
formulation would be acceptable as an alternative to the formulation of
the original corrosion inhibitor, TOLAD MFA-10, used in the OCTAMIX
waiver.\7\
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\6\ 53 FR at 3637.
\7\ 53 FR at 3637.
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In order to determine whether the OCTAMIX waiver would meet the
criteria of section 211(f) if TOLAD MFA-10A were to be used an
alternative corrosion inhibitor, EPA reviewed all data submitted with
or referenced by the Baker Hughes application. Baker Hughes provided
data showing their corrosion inhibitor, TOLAD MFA-10A, met the NACE
corrosion test.\8\ EPA also considered the information received from
the public during the public comment period. There were four public
comments submitted to the Agency in response to the notice published on
January 20, 2012. Carbon Recycling International,\9\ Methanex,\10\
Methanol Institute \11\ and TEIR Associates Incorporated \12\ submitted
comments in support of allowing TOLAD MFA-10A as an alternative
corrosion inhibitor for use in the OCTAMIX fuel. Two of these
commenters noted that the original corrosion inhibitor, TOLAD MFA-10,
had been used successfully by several refiners on a commercial basis as
an effective corrosion inhibitor. Two commenters, in addition to Baker
Hughes, stated that the active ingredients for corrosion inhibitor
efficacy are the same for both TOLAD MFA-10 and TOLAD MFA-10A, while
one commenter in addition to Baker Hughes noted that the only
difference between these two corrosion inhibitor formulations is a
solvent to improve additive handling in commerce. Three commenters
noted that the Baker Hughes' evaluation of both TOLAD MFA-10 and TOLAD
MFA-10A resulted in equivalent passing performance with regards to the
NACE corrosion test.\13\
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\8\ NACE Standard TM-01-72.
\9\ EPA-HQ-OAR-2011-0894-0008.
\10\ EPA-HQ-OAR-2011-0894-0007.
\11\ EPA-HQ-OAR-2011-0894-0005.
\12\ EPA-HQ-OAR-2011-0894-0006.
\13\ EPA-HQ-OAR-2011-0894-0002 and EPA-HQ-OAR-2011-0894-0003.
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TOLAD MFA-10A is a fuel additive containing the same active
ingredients for corrosion inhibitor efficacy with OCTAMIX gasoline-
alcohol fuels as the original corrosion inhibitor approved in the
OCTAMIX waiver, TOLAD MFA-10. The only difference between TOLAD MFA-10
and TOLAD MFA-10A is a solvent formulation change to improve additive
handling in commerce. Both TOLAD MFA-10 and TOLAD MFA-10A were
evaluated under the most aggressive fuel formulation of alcohols
allowed under the OCTAMIX waiver that included only methanol at 5
volume percent and ethanol at 2.5 volume percent. The use of higher
molecular weight cosolvent alcohols, such as propanols or butanols,
would tend to be less corrosive. Both TOLAD MFA-10 and TOLAD MFA-10A
passed the NACE corrosion test with the most aggressive fuel allowed
under the OCTAMIX waiver. Since TOLAD MFA-10A passed the NACE corrosion
test using the most aggressive fuel formulation allowed under the
OCTAMIX waiver, the Agency believes that Baker Hughes has demonstrated
that TOLAD MFA-10A is an effective corrosion inhibitor for use under
the OCTAMIX waiver.
With regard to the question of the emissions impacts of TOLAD MFA-
10A, its minimum treat rate of 25 mg/l is about 40 percent less than
TOLAD MFA-10. The chemical composition and treat rate of TOLAD MFA-10A,
which is less than 0.01 mass percent by weight, is such that it is a
fuel additive falling under the baseline gasoline fuel grouping
category \14\ under our fuel and fuel additive registration
regulations. In addition, the chemical composition and treat rate of
TOLAD MFA-10A is such that it is a fuel additive that meets our
gasoline substantially similar definition.\15\ Given that TOLAD MFA-10A
is a fuel additive that is both substantially similar to the fuel
additives used in our certification program and a fuel additive falling
under our baseline gasoline fuel category, one would not expect
significant emissions changes from the use of TOLAD MFA-10A compared to
other fuel additives that fall under the baseline gasoline fuel
category, which also includes TOLAD MFA-10 and DMA-67. Therefore, as
long as the other conditions of the OCTAMIX waiver are met, which
include applicable gasoline volatility specifications,\16\ gasoline
phase separation specifications \17\ and alcohol purity conditions,\18\
the Agency
[[Page 35679]]
believes the that the use of TOLAD MFA-10A in place of TOLAD MFA-10
will allow engines and vehicles to remain compliant with their
emissions standards when using fuels made as approved under the
original conditions granted for the OCTAMIX waiver.
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\14\ See 40 CFR 79.56(e)(3)(i).
\15\ For our most recent substantially similar gasoline
interpretative rule, please see: https://www.epa.gov/fedrgstr/EPA-AIR/2008/April/Day-25/a8944.pdf.
\16\ See 40 CFR 80.27 for applicable volatility specifications
for conventional gasoline, or 40 CFR 80 Subpart D for reformulated
gasoline requirements, or any applicable state implementation plan
approved by EPA that includes low RVP fuel.
\17\ See American Society for Testing and Materials (ASTM) D4814
for applicable gasoline phase separation conditions.
\18\ Additional conditions were the final fuel must meet ASTM
volatility specifications contained in ASTM D439-85a (ASTM D4814
supercedes ASTM D439-85a), as well as phase separation conditions
specified in ASTM D-2 Proposal P-176 (ASTM D4814 supercedes ASTM D-2
Proposal P-176) and Texas Methanol alcohol purity specifications.
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III. Finding and Conclusion
Based on the information submitted by Baker Hughes in its
application, and the additional information received during the public
comment period, I conclude that the performance of TOLAD MFA-10A in
OCTAMIX would be comparable to TOLAD MFA-10, the original corrosion
inhibitor approved under the OCTAMIX waiver. Therefore, I am modifying
condition (3) of the OCTAMIX waiver to read as follows:
(3) Any one of the following four corrosion inhibitors must be
included:
(a) Petrolite's corrosion inhibitor formulation, TOLAD MFA-10,
blended in the final fuel at 42.7 mg/l;
OR
(b) DuPont's corrosion inhibitor formulation, DMA-67, blended in
the final fuel at 31.4 mg/l;
OR
(c) Spirit of 21st Century LLC's corrosion inhibitor formulation,
TXCeed, blended in the final fuel at 3.9 ml/gal (987.6 mg/l);
OR
(d) Baker Hughes's corrosion inhibitor formulation, TOLAD MFA-10A,
blended in the final fuel at 25 mg/l.
This action should provide additional flexibility to any
manufacturer wishing to produce the OCTAMIX blend. At the same time,
any manufacturer wishing to use a corrosion inhibitor other than the
four permitted by the OCTAMIX waiver must apply for a further
modification of the waiver. Since EPA is still unaware of any basis for
extrapolating findings in the emissions impact of one corrosion
inhibitor to other corrosion inhibitors, the Agency will continue to
examine the emissions impact of specific corrosion inhibitor
formulations on a case-by-case basis.
IV. Miscellaneous
This waiver modification decision is final agency action of
national applicability for purposes of section 307(b)(1) of the Act.
Pursuant to CAA section 307(b)(1), judicial review of this final agency
action may be sought only in the United States Court of Appeals for the
District of Columbia Circuit. Petitions for review must be filed by
August 13, 2012. Judicial review of this final agency action may not be
obtained in subsequent proceedings, pursuant to CAA section 307(b)(2).
This action is not a rulemaking and is not subject to the various
statutory and other provisions applicable to a rulemaking.
Dated: June 7, 2012.
Lisa P. Jackson,
Administrator.
[FR Doc. 2012-14569 Filed 6-13-12; 8:45 am]
BILLING CODE 6560-50-P