Use of Alternative Analytical Test Methods in the Reformulated Gasoline Program

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[FRL-5531-1]

Use of Alternative Analytical Test Methods in the Reformulated

Gasoline Program

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

-----------------------------------------------------------------------

[[Page 34776]]

SUMMARY: This proposal would amend the deadline for the use of certain

alternative analytical test methods in the reformulated gasoline (RFG)

program. Currently, the deadline for the use of these alternative test

methods expires on January 1, 1997. This proposed amendment would

extend the deadline for the use of alternative test methods in the

reformulated gasoline program to September 1, 1998.

EPA is considering expanding the ability of industry to use various

alternative analytical test methods. Extension of this deadline will

allow refiners and others to continue using the currently approved

alternative analytical test methods pending a final decision by EPA on

additional alternatives. This proposed extension would result in

greater flexibility for the regulated industry and reduce costs to all

interested parties.

The RFG program reduces motor vehicle emissions of volatile organic

compounds (VOC), oxides of nitrogen (NOx) and certain toxic pollutants.

This proposed change in the deadline for the use of certain alternative

test methods under Sec. 80.46 preserves the status quo of the RFG

program and will have no change in the emission benefits that result

from the RFG program.

DATES: Comments on this proposed rule must be received by August 2,

1996.

ADDRESSES: Written comments on this proposed action should be addressed

to Public Docket No. A-96-29, Waterside Mall (Room M-1500),

Environmental Protection Agency, Air Docket Section, 401 M Street,

S.W., Washington, D.C. 20460. Materials relevant to this rulemaking

have been placed in Docket A-96-29. Documents may be inspected between

the hours of 8:00 a.m. to 5:30 p.m., Monday through Friday. A

reasonable fee may be charged for copying docket material.

FOR FURTHER INFORMATION CONTACT: Joseph R. Sopata, Chemist, U.S.

Environmental Protection Agency, Office of Air and Radiation, (202)

233-9034.

SUPPLEMENTARY INFORMATION:

Regulated Entities. Entities potentially regulated by this action

are those that use analytical test methods to comply with the

Reformulated Gasoline Program. Regulated categories and entities

include:

------------------------------------------------------------------------

Examples of regulated

Category entities

------------------------------------------------------------------------

Industry.................................. Oil refiners, gasoline

importers, oxygenate

blenders, analytical

testing laboratories.

------------------------------------------------------------------------

This table is not intended to be exhaustive, but rather provides a

guide for readers regarding entities likely to be regulated by this

action. This table lists the types of entities that EPA is now aware

that could potentially be regulated by this action. Other types of

entities not listed in this table could also be regulated. To determine

whether your business is regulated by this action, you should carefully

examine the applicability criteria in Sec. 80 of title 40 of the Code

of Federal Regulations. If you have any questions regarding the

applicability of this action to a particular entity, consult the person

listed in the preceding FOR FURTHER INFORMATION CONTACT section.

I. Introduction

A. RFG Standards

Section 211(k) of the Clean Air Act (the Act) requires that EPA

establish standards for RFG to be used in specified ozone nonattainment

areas (covered areas), as well as standards for non-reformulated, or

conventional, gasoline used in the rest of the country, beginning in

January, 1995. The Act requires that RFG reduce VOC and toxics

emissions from motor vehicles, not increase NOx emissions, and meet

certain content standards for oxygen, benzene and heavy metals. EPA

promulgated the final RFG regulations on December 15, 1993.1 See

40 CFR part 80, subpart D.

---------------------------------------------------------------------------

\1\ 59 FR 7812, February 16, 1994.

---------------------------------------------------------------------------

B. Test Methods Utilized at Sec. 80.46

Refiners, importers and oxygenate blenders are required, among

other things, to test RFG for various gasoline parameters or qualities,

such as sulfur levels, aromatics, benzene, and so on. During the

federal RFG rulemaking, and in response to comments by the regulated

industry, EPA concluded that it would be appropriate to temporarily

allow the use of alternative analytical test methods for measuring the

parameters of aromatics and oxygenates. See 40 CFR 80.46. EPA adopted

this provision because the designated analytical test methods for each

of these parameters were costly and relatively new, leaving the

industry little time to fully implement the designated analytical test

methods. EPA therefore provided flexibility to the regulated industry

by allowing the use of alternative analytical test methods for the two

above mentioned parameters until January 1, 1997. After that date, use

of the designated analytical test methods was required. Table 1 lists

the designated analytical test method for each parameter measured under

the RFG program.

Table 1.--Designated Analytical Test Method Under the RFG Program

------------------------------------------------------------------------

RFG gasoline parameter Designated analytical test method

------------------------------------------------------------------------

Sulfur............................ ASTM D-2622-92, entitled ``Standard

Test Method for Sulfur in Petroleum

Products by X-Ray Spectrometry''.

Olefins........................... ASTM D-1319-93, entitled ``Standard

Test Method for Hydrocarbon Types

in Liquid Petroleum Products by

Fluorescent Indicator Absorption''.

Reid Vapor Pressure............... Method 3, as described in 40 CFR

part 80, appendix E.

Distillation...................... ASTM D-86-90, entitled ``Standard

Test Method for Distillation of

Petroleum Products''. \1\

Benzene........................... ASTM D-3606-92, entitled ``Standard

Test Method for Determination of

Benzene and Toluene in Finished

Motor and Aviation Gasoline by Gas

Chromatography''.\2\

Aromatics......................... Gas Chromatography as described in

40 CFR part 80.46(f).\3\

Oxygen and Oxygenate content Gas Chromatography as described in

analysis. 40 CFR part 80.46(g).\4\

------------------------------------------------------------------------

\1\ Except that the figures for repeatability and reproducibility given

in degrees Fahrenheit in Table 9 in the ASTM method are incorrect, and

shall not be used.

\2\ Except that Instrument parameters must be adjusted to ensure

complete resolution of the benzene, ethanol and methanol peaks because

ethanol and methanol may cause interference with ASTM standard method

D-3606-92 when present.

[[Page 34777]]

\3\ Prior to January 1, 1997, any refiner or importer may determine

aromatics content using ASTM standard test method D-1319-93 entitled

``Standard Test Method for Hydrocarbon Types in Liquid Petroleum

Products by Fluorescent Indicator Absorption'' for the purpose of

meeting any testing requirement involving aromatics content. Note: The

January 1, 1997 deadline is the subject of today's notice.

\4\ Prior to January 1, 1997, and when oxygenates present are limited to

MTBE, ETBE, TAME, DIPE, tertiary-amyl alcohol, and C1 and C4 alcohols,

any refiner, importer, or oxygenate blender may determine oxygen and

oxygenated content using ASTM standard method D-4815-93, entitled

``Standard Test Method for Determination of MTBE, ETBE, TAME, DIPE,

tertiary-Amyl Alcohol and C1 and C4 Alcohols in Gasoline by Gas

Chromatography. Note: The January 1, 1997 deadline is the subject of

today's notice.

C. NPRA, API and Mobil Request To Extend the Deadline for the Use of

Alternative Analytical Test Methods at Sec. 80.46 Beyond January 1,

1997

Mobil Oil Corporation, the American Petroleum Institute (API) and

the National Petroleum Refiners Association (NPRA) have requested that

EPA extend the deadline for the use of alternative analytical test

methods for the measurement of aromatics and oxygenates as specified in

Sec. 80.46. Currently, the ability to use alternative analytical test

methods under Sec. 80.46 expires on January 1, 1997. In a September 25,

1995 letter to EPA, API and NPRA jointly urged extension of the

deadline for the use of alternative analytical test methods at

Sec. 80.46 beyond January 1, 1997. They argued an extension would allow

industry to avoid the burden of ordering costly equipment that would be

more difficult to operate and maintain, in order to comply with the

designated analytical test method. They also contended that the

designated analytical test method will not necessarily improve test

results.

EPA intends to undertake a rulemaking to consider establishing a

performance based analytical test method approach for the measurement

of the reformulated gasoline (RFG) parameters at Sec. 80.46. Under this

approach, quality assurance specifications would be developed under

which the performance of alternate analytical test methods would be

deemed acceptable for compliance. The Agency envisions that this

approach would provide additional flexibility to the regulated industry

in their choice of analytical test methods to be utilized for

compliance under the RFG and conventional gasoline programs for

analytical test methods that differ from the designated analytical test

method. EPA expects to finalize action on such a rulemaking by

September 1, 1998.

In the meantime, EPA today is proposing to extend the deadline for

the use of the alternative analytical test procedures for aromatics and

oxygenates under Sec. 80.46(f)(3) and Sec. 80.46(g)(9) until September

1, 1998. The Agency believes that it would be more appropriate to allow

parties to continue using these alternative analytical test methods

until a final decision is made on the performance based analytical test

method approach in order that parties may make long-term purchase

decisions based on all the testing options that could be available at

the conclusion of this rulemaking.

II. Environmental Impact

The RFG program, as required by the Act, obtains emission

reductions for VOC, NOX and toxic emissions from motor vehicles.

This proposed change in the deadline for the use of certain alternative

test methods under Sec. 80.46 preserves the status quo of the RFG

program and will result in no change in the emission benefits of the

RFG program.

III. Economic Impact

The Regulatory Flexibility Act, 5 U.S.C. 601-612, requires that

Federal Agencies examine the impacts of their regulations on small

entities. The act requires an Agency to prepare a regulatory

flexibility analysis in conjunction with notice and comment rulemaking,

unless the Agency head certifies that the rule will not have a

significant impact on a substantial number of small entities. 5 U.S.C.

605(b). This proposed rule provides for flexibility in allowing the

regulated industry to use certain alternative analytical test methods

at Sec. 80.46 for eighteen additional months. This proposed rule is not

expected to result in any additional compliance cost to regulated

parties and may be expected to reduce compliance cost for regulated

parties because it continues to provide a choice for the procurement of

test methods for aromatics and oxygenates under the RFG program. This

analysis applies to regulated parties that are small entities, as well

as other regulated parties. Based on this, the Administrator certifies

that this proposed rule will not have a significant impact on a

substantial number of small entities.

IV. Executive Order 12866

Under Executive Order 12866,\2\ the Agency must determine whether a

regulation is ``significant'' and therefore subject to OMB review and

the requirements of the Executive Order. The Order defines

``significant regulatory action'' as one that is likely to result in a

rule that may:

---------------------------------------------------------------------------

\2\ 58 FR 51735, October 4, 1993.

---------------------------------------------------------------------------

(1) Have an annual effect on the economy of $100 million or more,

or adversely affect in a material way the economy, a sector of the

economy, productivity, competition, jobs, the environment, public

health or safety, or State, local or tribal governments of communities;

(2) Create a serious inconsistency or otherwise interfere with an

action taken or planned by another agency;

(3) Materially alter the budgetary impact of entitlements, grants,

user fees, or loan programs or the rights and obligations of recipients

thereof, or

(4) Raise novel legal or policy issues arising out of legal

mandates, the President's priorities, or the principles set forth in

this Executive Order.\3\

---------------------------------------------------------------------------

\3\ Id. at section 3(f)(1)-(4).

---------------------------------------------------------------------------

It has been determined that this proposed rule is not a

``significant regulatory action'' under the terms of Executive Order

12866 and is therefore not subject to OMB review.

V. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``UMRA''), P.L. 104-4, EPA must prepare a budgetary impact statement

to accompany any general notice of proposed rulemaking or final rule

that includes a Federal mandate which may result in estimated costs to

State, local, or tribal governments in the aggregate, or to the private

sector, of $100 million or more. Under Section 205, for any rule

subject to Section 202 EPA generally must select the least costly, most

cost-effective, or least burdensome alternative that achieves the

objectives of the rule and is consistent with statutory requirements.

Under Section 203, before establishing any regulatory requirements that

may significantly or uniquely affect small governments, EPA must take

steps to inform and advise small governments of the requirements and

enable them to provide input.

EPA has determined that this proposed rule does not include a

federal mandate as defined in UMRA. This proposed rule does not include

a Federal mandate that may result in estimated annual costs to State,

local or tribal governments in the aggregate, or to the private sector,

of $100 million or more, and it does not establish regulatory

requirements that may

[[Page 34778]]

significantly or uniquely affect small governments.

List of Subjects in 40 CFR Part 80

Environmental protection, Air pollution control, Gasoline,

Reformulated gasoline, Conventional gasoline, Motor vehicle pollution.

Dated: June 26, 1996.

Carol M. Browner,

Administrator.

For the reasons set forth in the preamble, 40 CFR part 80 of the

Code of Federal Regulations is proposed to be amended as follows:

1. The authority citation for part 80 continues to read as follows:

Authority: Sections 114, 211, and 301(a) of the Clean Air Act as

amended (42 U.S.C. 7414, 7545, and 7601(a)).

Section 80.46 is amended by revising the paragraphs under

(f)(F)(3)(i) and (g)(G)(9)(i) to read as follows:

Sec. 80.46 Measurement of reformulated gasoline fuel parameters.

* * * * *

(f) * * *

(3) Alternative Test Method. (i) Prior to September 1, 1998, any

refiner or importer may determine aromatics content using ASTM standard

method D-1319-93, entitled ``Standard Test Method for Hydrocarbon Types

in Liquid Petroleum Products by Fluorescent Indicator Adsorption.'' For

purposes of meeting any testing requirement involving aromatic content,

provided that

* * * * *

(g) * * *

(9)(i) Prior to September 1, 1998, and when the oxygenates present

are limited to MTBE, ETBE, TAME, DIPE, tertiary-amyl alcohol, and C1 to

C4 alcohols, any refiner, importer, or oxygenate blender may determine

oxygen and oxygenate content using ASTM standard method D-4815-93,

entitled ``Standard Test Method for Determination of MTBE, ETBE, TAME,

DIPE, tertiary-Amyl Alcohol and C1 to C4 Alcohols in Gasoline by Gas

Chromatography,'' for purposes of meeting any testing requirement;

provided that

* * * * *

[FR Doc. 96-17027 Filed 7-2-96; 8:45 am]

BILLING CODE 6560-50-P