Final Agency Actions Regarding Fuel Additive Registration Provisions of the Clean Air Act

ENVIRONMENTAL PROTECTION AGENCY

[OMS-FRL-5060-7]

Final Agency Actions Regarding Fuel Additive Registration

Provisions of the Clean Air Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Mobile Source Final Agency Actions.

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Summary: This notice announces final EPA actions taken in conjunction

with its fuel additive registration program in the Office of Mobile

Sources. Any person seeking judicial review of these final actions must

petition the United States Court of Appeals for the District of

Columbia Circuit for review of these actions. Failure to petition for

review of any of these actions on or before October 19, 1994 will

preclude a challenge later in an EPA enforcement action.

FOR FURTHER INFORMATION CONTACT: Joseph R. Sopata, Chemist, or James W.

Caldwell, Chief, Fuels Section, Field Operations Support Division

(6406J), U.S. Environmental Protection Agency, 401 M Street, SW.,

Washington, DC 20460, (202) 260-9020.

SUPPLEMENTARY INFORMATION: EPA has determined that all of the actions

summarized below are final. Where available, the specific date on which

the action became final is indicated. Pursuant to section 307(b)(1) of

the Clean Air Act, EPA has determined that these actions are nationally

applicable. Accordingly, judicial review of these actions is available

only by filing a petition for review in the United States Court of

Appeals for the District of Columbia Circuit on or before October 19,

1994. Under section 307(b)(2) of the Clean Air Act, these final actions

may not be challenged later in civil or criminal proceedings EPA may

bring to enforce these actions. The following EPA actions regarding

fuel additive registration have become final:

1. By letter dated July 13, 1994, EPA determined that the Ethyl

Corporation, (Ethyl), did not qualify to register under 40 CFR part 79,

its fuel additive, HiTEC 3000, for use in unleaded gasoline. On April

27, 1994, Ethyl applied for an ``update'' for its additive HiTEC 3000

for use in unleaded gasoline. HiTec 3000 is not presently registered

for use in unleaded gasoline. Under the applicable regulations

governing registration of fuel additives, as amended effective on May

27, 1994, 40 CFR 79.21(h) expressly provides that a manufacturer may

not register a fuel additive for use in any type of fuel intended for

use in motor vehicles manufactured after model year 1974 unless the

additive is substantially similar to any fuel additive included in the

certification of any 1975 or subsequent model year vehicle or engine or

the manufacturer has obtained a waiver under Section 211(f)(4). Since

HiTEC 3000 is not substantially similar under the applicable criteria

and Ethyl has not obtained the requisite waiver under Section

211(f)(4), EPA could not ``update'' the registration for HiTEC 3000 as

requested by Ethyl. The decision of July 13, 1994 was final.

2. By letter dated July 13, 1994, EPA determined that the Albemarle

Corporation (Albemarle) did not qualify to register under 40 CFR part

79, a variety of fuel additives containing MMT, for use in unleaded

gasoline. On April 27, 1994, Albemarle submitted fuel manufacturer

notification forms as applications to register a variety of fuel

additives containing MMT for use in unleaded gasoline. No bulk additive

product containing MMT is presently registered for use in unleaded

gasoline. Under the applicable regulations governing registration of

fuel additives, as amended effective on May 27, 1994, 40 CFR 79.21(h)

expressly provides that a manufacturer may not register a fuel additive

for use in any type of fuel intended for use in motor vehicles

manufactured after model year 1974 unless the additive is substantially

similar to any fuel additive included in the certification of any 1975

or subsequent model year vehicle or engine or the manufacturer has

obtained a waiver under Section 211(f)(4). Since none of the subject

products may be regarded as substantially similar under the applicable

criteria, and Albermarle has not sought or obtained the requisite

waiver under Section 211(f)(4), EPA could not grant registration for

the subject products for unleaded gasoline until any reference to

unleaded gasoline has been deleted from the application forms. The

decision of July 13, 1994 was final.

Dated: August 19, 1994.

Richard D. Wilson,

Director, Office of Mobile Sources.

[FR Doc. 94-21255 Filed 8-26-94; 8:45 am]

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