Prohibition on Gasoline Containing Lead or Lead Additives for Highway Use

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[FRL-5412-1]

RIN 2060-AD55

Prohibition on Gasoline Containing Lead or Lead Additives for

Highway Use

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Clean Air Act prohibits the introduction of gasoline

containing lead or lead additives into commerce for use as a motor

vehicle fuel after December 31, 1995. In today's action, EPA revises

its regulations regarding gasoline so as to prohibit the introduction

of gasoline which is produced with the use of any lead additive, or

contains more than 0.05 gram of lead per gallon, into commerce for use

as motor vehicle fuel effective January 1, 1996, remove existing

regulatory provisions which will no longer be necessary as a result of

this ban, and modify other provisions to reflect the institution of

this ban. Among the provisions deleted are recordkeeping and reporting

requirements for refiners and importers, and the requirement that motor

vehicle manufacturers place ``unleaded fuel only'' labels on the

dashboard and on or around the fuel filler inlet area of each motor

vehicle produced. EPA believes that continuance of the provisions

deleted by this rule would pose needless costs on industry in light of

the ban.

In the proposed rules Section of today's Federal Register, EPA is

proposing to issue a regulatory ban on the introduction of gasoline

which is produced with the use of any lead additive, or contains more

than 0.05 gram of lead per gallon, into commerce for use as a motor

vehicle fuel effective January 1, 1996, and to remove existing

regulatory provisions which will no longer be necessary as a result of

this ban, and modify other provisions to reflect the institution of

this ban. If adverse comment or a request for an opportunity for a

public hearing is

[[Page 3833]]

received on this direct final rule, EPA will withdraw the direct final

rule and address the comments received in a subsequent final rule on

the related proposed rule. No additional opportunity for public comment

on the leaded gasoline prohibition and related regulatory changes will

be provided.

The statutory ban goes into effect as of January 1, 1996, whether

or not EPA amends its regulations by January 1, 1996 to incorporate the

statutory ban on the introduction of gasoline containing lead or lead

additivies into commerce for use as motor vehicle fuel.

DATES: This action will become effective on March 4, 1996 unless notice

is received by February 20, 1996 from someone who wishes to submit

adverse comment or request an opportunity for a public hearing. If such

notice is received, EPA will withdraw this direct final rule, and a

timely notice will be published in the Federal Register to indicate the

withdrawal.

ADDRESSES: Materials relevant to this rulemaking have been placed in

Docket A-95-13. The docket is located at the U.S. Environmental

Protection Agency, Air Docket Section, 401 M Street, SW., Washington,

DC 20460 in Room M-1500 of Waterside Mall. 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. Those

wishing to notify EPA of their intent to submit adverse comment or

request an opportunity for a public hearing on this action should

contact Paulina Chen, U.S. Environmental Protection Agency, Office of

Air and Radiation, (202) 233-9031.

FOR FURTHER INFORMATION CONTACT: Paulina Chen, U.S. Environmental

Protection Agency, Office of Air and Radiation, (202) 233-9031.

SUPPLEMENTARY INFORMATION: A copy of this action is available on the

OAQPS Technology Transfer Network Bulletin Board System (TTNBBS). The

TTNBBS can be accessed with a dial-in phone line and a high-speed modem

(PH# 919-541-5742). The parity of your modem should be set to none, the

data bits to 8, and the stop bits to 1. Either a 1200, 2400, 9600,

14.4K, or 28.8K baud modem should be used. When first signing on, the

user will be required to answer some basic informational questions for

registration purposes. After completing the registration process,

proceed through the following series of menus:

(M) OMS

(K) Rulemaking and Reporting

(3) Fuels

(8) Leaded fuel and engine bans

Today's action will be in the form of a ZIP file and can be

identified by the following title: LEADBAN.ZIP. To download this file,

type the instructions below and transfer according to the appropriate

software on your computer: ownload, rotocol, xamine, ew,

ist, or elp Selection or to exit: D filename.zip.

You will be given a list of transfer protocols from which you must

choose one that matches with the terminal software on your own

computer. The software should then be opened and directed to receive

the file using the same protocol. Programs and instructions for de-

archiving compressed files can be found via ystems Utilities from

the top menu, under rchivers/de-archivers. Please note that due to

differences between the software used to develop the document and the

software into which the document may be downloaded, changes in format,

page length, etc. may occur.

I. Introduction

A. Background

In the early 1970s, EPA issued regulations regarding lead in

gasoline in order to accomplish two purposes. First, EPA issued

regulations designed to ensure the availability of unleaded gasoline

for use in motor vehicles equipped with emission control systems such

as catalytic converters. EPA had determined that lead additives would

impair to a significant degree the performance of emission control

systems. 38 FR 1254 (Jan. 10, 1973). Second, EPA issued regulations

designed to gradually reduce the content of lead in leaded gasoline,

because EPA found that lead particle emissions from motor vehicles

presented a significant risk of harm to the health of urban

populations, especially children. 38 FR 33734 (Dec. 6, 1973).

The first category of regulations, which were designed to ensure

the availability of unleaded gasoline, defined unleaded gasoline as

gasoline containing not more than 0.05 gram of lead per gallon and not

more than 0.005 gram of phosphorus per gallon. 38 FR at 1255. The

Agency allowed up to 0.05 gram of lead per gallon in unleaded gasoline

because it determined this maximum trace level would provide adequate

protection for catalyst emission control devices and would be

practicable for the petroleum industry. 38 FR 1254. The current

definition of unleaded gasoline still allows for trace amounts of lead

up to 0.05 gram per gallon but expressly prohibits the use of any lead

additive in the production of unleaded gasoline. 40 C.F.R. 80.2(g).

The same 1973 regulations also limited phosphorus in unleaded

gasoline to 0.005 gram per gallon or less, because the Agency found

this maximum, set at trace levels, was necessary to prevent catalyst

deterioration in emission control systems. 38 FR 1254-55. The current

definition of unleaded gasoline still limits phosphorus to no more than

0.005 gram per gallon. 40 C.F.R. 80.2(g).

In 1973, EPA also instituted the lead phasedown program designed to

minimize the lead content of leaded gasoline. Through an orderly phase

out, including banking and trading of lead credits, and through

aggressive enforcement, the lead phasedown program was successful. By

1988, it was estimated that total lead usage in gasoline had been

reduced to less than one percent of the amount of lead used in the peak

year of 1970.1 The remaining uses of leaded gasoline in motor

vehicles are predominantly in rural areas.

\1\ Persons interested in detailed historical information may

refer to the following Federal Register notices: ``Regulation of

Fuel Additives--Advanced Notice of Proposed Rulemaking,'' 36 FR 1486

(January 30, 1971); ``Regulation of Fuels and Fuel Additives--Notice

of Proposed Rulemaking,'' 37 FR 3882 (February 23, 1972);

``Regulation of Fuels and Fuel Additives--Notice of Proposed

Rulemaking,'' 38 FR 1254 (January 10, 1973); ``Proposed Rulemaking

Concerning Availability of Unleaded Gas,'' 38 FR 28301 (October 12,

1973); ``Control of Lead Additives in Gasoline,'' 38 FR 33734

(December 6, 1973); ``Fuels and Fuel Additives--Suspension of

Enforcement of Regulations for Control of Lead Additives in

Gasoline,'' 40 FR 7480 (February 20, 1975); ``Fuels and Fuel

Additives--Lifting of Suspension of Enforcement of Regulations for

Control of Lead Additives in Gasoline,'' 41 FR 13984 (April 1,

1976); ``Regulation of Fuel and Fuel Additives--Lifting of

Suspension of Enforcement of Regulation Additives in Gasoline,'' 41

FR 28352 (July 9, 1976); ``Regulation of Fuels and Fuel Additives--

Control of Lead Additives in Gasoline,'' 41 FR 42675 (September 28,

1976); ``Lead Additives in Gasoline: Controls on Refiners,

Clarifications and Response to Public Comments,'' 41 FR 55646

(December 21, 1976); ``Regulation of Fuels and Fuel Additives: Small

Refinery Amendment--Final Rulemaking,'' 44 FR 46275 (August 7,

1979); ``Controls Applicable to Gasoline Refiners; Lead Phase-Down

Regulations--Notice of Proposed Rulemaking,'' 45 FR 3722. Also see:

``Regulation of Fuels and Fuel Additives--Proposed Rule,'' 47 FR

7812 (February 22, 1982); ``Regulation of Fuels and Fuel Additives--

Withdrawal of Proposed Rule,'' 47 FR 38070 (August 27, 1982);

``Regulation of Fuels and Fuel Additives--Final Rule,'' 47 FR 49322

(October 29, 1982).

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B. Statutory Authority

In 1990 Congress added section 211(n) to the Clean Air Act, which

provides as follows:

After December 31, 1995, it shall be unlawful for any person to

sell, offer for sale, supply, offer for supply, dispense, transport,

[[Page 3834]]

or introduce into commerce, for use as fuel in any motor vehicle (as

defined in section 7554(2) of this title) any gasoline which

contains lead or lead additives.

42 U.S.C. 7545(n). The term ``motor vehicle'' is defined to include any

self-propelled vehicle designed for transporting persons or property on

a street or highway. 42 U.S.C. 7550(2).\2\

\2\ Section 211(n) of the Clean Air Act refers to the definition

of motor vehicle in 42 U.S.C. 7554(2), but the definition appears in

section 7550(2) (section 7554 pertains to urban bus standards). EPA

believes that section 211(n) contains a typographical error and that

Congress intended to refer to the definition of motor vehicle that

appears in 42 U.S.C. 7550(2).

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Section 211(n)'s prohibition will become effective January 1, 1996.

By this action, EPA is incorporating the statutory ban into the

agency's existing regulations on the lead content of gasoline, and is

simplifying the existing regulations accordingly. In so doing, EPA had

to determine whether Congress specifically intended in section 211(n)

to ban the introduction into commerce for use in motor vehicles of

gasoline which contains even a trace amount of lead, or whether this

prohibition could reasonably be interpreted as authorizing the

continued sale of unleaded gasoline which includes the trace amount of

lead currently allowed under EPA's regulations.

As EPA interprets the statutory ban, it prohibits the sale of

gasoline which is produced with the use of any lead additive or

contains more than a trace amount of lead, but allows the continued

sale of gasoline which meets EPA's current definition of unleaded

gasoline. EPA has historically defined unleaded gasoline as gasoline

that is produced without the use of any lead additive and that contains

no more than 0.05 gram of lead per gallon.\3\ EPA interprets section

211(n) this way for the following reasons.

\3\ The regulatory definition of ``unleaded gasoline'' also

contains a cap on the amount of phosphorus, see 40 CFR 80.2(g), but

the phosphorus cap is not relevant to the discussion of section

211(n).

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Unleaded gasoline that was produced without lead additives may pick

up trace amounts of lead as it passes through refinery and transport

systems that had previously contained leaded gasoline. The language of

section 211(n) indicates no clear Congressional intent regarding such

trace amounts of lead that unintentionally exist in gasoline which was

produced without the use of lead additives. Had Congress wanted to ban

even unintentional, trace amounts of lead, it could have made its

intent clear with, for example, statutory language banning gasoline

that ``contains any lead or lead additives.''

While the text of section 211(n) is ambiguous, its heading and the

heading of section 220 of the 1990 amendments, which added section

211(n) to the Clean Air Act, suggest that Congress intended to ban the

use in motor vehicles of leaded gasoline, which EPA has historically

defined as gasoline that is produced with the use of a lead additive or

that contains more than 0.05 gram of lead per gallon. See 40 CFR

80.2(f). Where headings are enacted by Congress in conjunction with the

statutory text and the meaning of the text is ambiguous, headings may

help elucidate congressional intent. E.g., United States v. Wallington,

889 F.2d 573, 577 (5th Cir. 1989). In this instance, the heading of

section 220 of the 1990 amendments reads ``Lead Phasedown'' while the

heading of section 211(n) reads ``Prohibition on Leaded Gasoline for

Highway Use.'' Clean Air Act Amendments of 1990, Pub. L. No. 101-549,

Sec. 220, 104 Stat. ____, 2500 (1990). Since it is presumed that

Congress was familiar with EPA's existing regulations implementing the

phasedown of lead in leaded gasoline,\4\ these headings suggest that

Congress intended to complete the lead phasedown program by banning the

use in motor vehicles after 1995 of gasoline that is produced with the

use of a lead additive or that contains more than 0.05 gram of lead per

gallon.

\4\ Congress is presumed to be familiar with an agency's

construction of the existing provisions of a statute when Congress

amends the statute. N. Singer, Sutherland Statutes and Statutory

Construction, Sec. 22.35 (5th Ed. 1992).

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The legislative history of the Clean Air Act Amendments of 1990

supports this interpretation of Congress's intent in adding section

211(n) to the Clean Air Act. While the conference report for the 1990

amendments contains no explanation of section 220, the ``Chafee-Baucus

Statement of Senate Managers,'' which was included in the Congressional

Record at the request of Senators Chafee and Baucus to supplement the

conference report, describes the provision as banning ``the sale of

leaded gasoline * * *.'' 136 Cong. Rec. S16,938 (Oct. 27, 1990). This

evidence supports EPA's conclusion that section 211(n) may reasonably

be interpreted as banning in 1996 the introduction into commerce for

use as a motor vehicle fuel all gasoline that is produced with the use

of any lead additive or that contains more than 0.05 gram lead per

gallon. See Chevron, USA v. NRDC, 467 U.S. 837 (1984).

EPA originally issued regulations mandating the availability of

unleaded gasoline for use in motor vehicles containing catalytic

converters or similar emission control devices under section 211(c) of

the Clean Air Act, which authorizes the Administrator to control the

manufacture, introduction into commerce, offering for sale, or sale of

any fuel additive for use in a motor vehicle if the emission products

of such additive will impair to a significant degree the performance of

any emission control device. 42 U.S.C. 7545(c)(1). The definition of

``unleaded gasoline'' which EPA finalized at that time and which

remains in effect today includes a phosphorus cap of not more than

0.005 gram per gallon because phosphorus above this trace level could

cause catalyst deterioration in emission control systems. EPA's actions

in this rule do not change its prior exercise of authority under

section 211(c) to control the amount of phosphorus in gasoline.

EPA also promulgates this final rule pursuant to its authority

under section 301(a) of the Clean Air Act, 42 U.S.C. 7601(a).

C. Availability of Gasoline Containing Lead or Lead Additives for Uses

Other Than as Motor Vehicle Fuel

Section 211(n) bans the use of gasoline containing lead or lead

additives for use as a motor vehicle fuel but does not restrict other

potential uses of gasoline containing lead or lead additives. The

definition of motor vehicle is limited to self-propelled vehicles

designed for transporting persons or property on a street or highway.

42 U.S.C. 7550(2). The regulations of 40 CFR Part 80, which are amended

by this rule, apply only to fuel that is sold for use in motor

vehicles. See 40 CFR 80.2(c). The petroleum industry may continue to

make and market gasoline produced with lead additives for all remaining

uses, including use as fuel in aircraft, racing cars, and nonroad

engines such as farm equipment engines and marine engines, to the

extent otherwise allowed by law.

II. Description of Today's Rule

Today's direct final rule amends 40 CFR Part 80 to prohibit the

introduction into commerce for use as a motor vehicle fuel after

December 31, 1995 of gasoline which is produced with the use of any

lead additive, or contains more than 0.05 gram of lead per gallon, in

accordance with section 211(n) of the Clean Air Act. Because the

existing regulations at 40 CFR Part 80 currently allow the sale of

leaded gasoline for use as a motor vehicle fuel, and the prohibition in

Section 211(n) makes some of Part 80's requirements unnecessary, this

rule also deletes the provisions which are no longer needed, and

modifies other provisions to reflect the institution of the ban.

[[Page 3835]]

A detailed description of this rule's changes to 40 CFR Part 80 is

offered below. This rule becomes effective on March 4, 1996 and all

changes discussed below become effective on that date.

A. Prohibition on the Sale of Gasoline Which is Produced With the Use

of Any Lead Additive or Contains More Than 0.05 Gram of Lead Per Gallon

In accordance with the statutory ban set forth in section 211(n) of

the Clean Air Act, this rule adds a paragraph (b) to section 80.22 that

prohibits introducing into commerce for use as fuel in motor vehicles

gasoline which is produced with the use of any lead additive or

contains more than 0.05 gram of lead per gallon. As explained above,

EPA will permit an unintentional trace level of lead in motor vehicle

fuel. Also, the term ``lead additive'' as defined in section 80.2(e)

encompasses pure lead as well as lead compounds, so that the ban in

section 80.22(b) will cover gasoline produced with the use of pure lead

as well as lead compounds.

B. Related Changes

Several of Part 80's existing provisions will become unnecessary

once the statutory ban on the use of gasoline containing lead or lead

additives as a motor vehicle fuel goes into effect on January 1, 1996.

Accordingly, this rule deletes or revises the following provisions

effective March 4, 1996.

Section 80.2(f). Section 80.2(f) currently contains the definition

of leaded gasoline and is deleted. The definition of leaded gasoline is

no longer necessary in regulations relating to motor vehicle fuels once

the statute's ban on using gasoline containing lead or lead additives

as motor vehicle fuel goes into effect.

Section 80.7. Section 80.7 currently explains the extent to which

EPA may require persons to provide information to EPA when EPA has

reason to believe that a violation of section 211(c) of the Clean Air

Act and the regulations thereunder has occurred. This rule amends

section 80.7 to include a reference to violations of section 211(n) of

the Clean Air Act and the regulations thereunder. It also deletes the

reference to labels and signs in section 80.7(c), because these items

will no longer be required under section 80.22 (see discussion of

section 80.22).

Section 80.20. This rule deletes section 80.20 in its entirety.

Section 80.20 contains provisions related to the phasedown of lead

content in gasoline produced for use in motor vehicles which will

become obsolete once the sale of gasoline containing lead or lead

additives for use in motor vehicles is banned. The provisions specify

interim phases of lead reduction, reporting requirements for refiners

and importers to show compliance with the lead content restrictions,

and provisions allowing inter-refinery averaging and banking of lead

usage rights.

Section 80.21. This rule deletes section 80.21 in its entirety.

Section 80.21 contains controls applicable to gasoline distributors

similar to the provisions in 80.22. For simplification, these

provisions will be consolidated in the general controls and

prohibitions under 80.22.

Section 80.22. This rule changes the title of section 80.22 to

reflect the consolidation of sections 80.21 and 80.22. The title will

be changed from ``Controls applicable to gasoline retailers and

wholesale purchaser-consumers'' to ``Controls and prohibitions.''

Section 80.22(a). This rule modifies section 80.22(a) to reflect

the simultaneous removal of both the definition of leaded gasoline (see

discussion of section 80.2(f)) and the requirement to label motor

vehicles ``unleaded gasoline only'' (see discussion of section 80.24).

Section 80.22(d) and (e). This rule deletes section 80.22(d), which

requires notices at each gasoline pump stand prohibiting the

introduction of leaded gasoline into motor vehicles designed for

unleaded gasoline. This rule also deletes section 80.22(e), which

requires that gasoline pumps be labelled to identify whether they

contain leaded or unleaded gasoline.

EPA believes that these requirements are no longer necessary to

prevent misfueling. Leaded gasoline has been largely phased out and now

accounts for less than one percent of gasoline sold in urban areas.

EPA's discussions with the gasoline refiners which produced leaded

gasoline in 1995 have revealed that all but one refiner have already

ceased to produce gasoline with the use of lead additives. One refiner

continues to produce leaded fuel for nonroad uses. Many fuel pumps

dispensing gasoline used in nonroad applications are not located at

retailers and wholesale purchaser-consumers, although some fuel pumps

dispensing racing fuel may be located at retailers and wholesale

puchaser-consumers. EPA believes it unlikely that misfueling of motor

vehicles with gasoline which is produced with the use of any lead

additive, or contains more than 0.05 gram of lead per gallon, will

occur at these locations, because such gasoline costs significantly

more than unleaded gasoline. For example, racing fuel currently costs

around five dollars per gallon.

Section 80.22(f). Section 80.22(f) regulates nozzle spout sizes of

pumps dispensing gasoline. First, the dates in this section are

modified to reflect the institution of this ban. Second, paragraph

80.22(f)(1) contains the requirement for the nozzle size of pumps

dispensing leaded gasoline, and this requirement will no longer be

necessary because gasoline containing lead or lead additives will no

longer be permitted to be dispensed into motor vehicles as a result of

the statutory ban. Although leaded fuel will still be available for

nonroad uses, EPA currently does not regulate the nozzle sizes on pumps

dispensing such fuel. Therefore, this rule deletes paragraph

80.22(f)(1). EPA is retaining a nozzle size requirement for dispensing

unleaded gasoline in paragraph 80.22(f)(2) in order to ensure that

nozzles function properly in conjunction with the motor vehicle fuel

inlet restrictors, which must be of a certain size per the requirement

of section 80.24(b).

Sections 80.22(g) and (h). Sections 80.22(g) and (h) refer to

compliance with sections 80.22(e) and (f) for multiple grades of

gasoline. These sections' references to 80.22(e) are irrelevant because

this rule deletes that subsection. With respect to paragraph (f),

section 80.22(g) permits the Administrator to grant an exception to the

requirement of paragraph (f) upon demonstration that alternate

equipment will comply with the objectives of paragraph (f). EPA is not

aware of any exceptions granted under paragraph (g) at this time and

believes the exception authority provided by 80.22(g) is not needed.

According to section 80.22(h), compliance with paragraph (f) is

required for only one grade where there is more than one grade of

unleaded gasoline offered for sale. EPA believes that, to ensure that

the statute's ban is implemented properly, the requirements of

paragraph (f) should apply to each pump dispensing unleaded gasoline.

Therefore, sections 80.22(g) and 80.22(h) are deleted.

Section 80.22(i). Section 80.22(i), which refers to an exemption

from the requirements of section 80.22(b), is deleted. Section 80.22(i)

was inadvertently retained when section 80.22(b) was deleted in a prior

rulemaking and is currently obsolete. The new section 80.22(b) added by

this rule bears no relation to section 80.22(i), and therefore section

80.22(i) must be deleted to avoid confusion.

[[Page 3836]]

Section 80.23. This rule makes three changes to section 80.23,

which currently imposes liability for violations of section 80.22(a).

First, the rule changes the introductory text of section 80.23 to

include liability for violations of the new section 80.22(b), which is

the general provision prohibiting the introduction into commerce for

use as motor vehicle fuel of gasoline which is produced with the use of

any lead additive or contains more than 0.05 grams of lead per gallon.

Second, the rule deletes subparagraph (e)(2) of section 80.23.

Subparagraph (e)(2) offered an ``emergency exemption'' to allow a

retailer or wholesale purchaser-consumer to provide leaded gasoline for

use in a motor vehicle designed to use unleaded gasoline in emergency

situations, such as when a vehicle has an empty tank and no unleaded

gasoline is available within a several mile radius. EPA believes the

continued availability of this exemption not only would be unnecessary

given the scarce availability of gasoline containing lead or lead

additives in comparison to that of unleaded gasoline, but also would be

inconsistent with the intent of section 211(n) to prohibit the

introduction into commerce for use as motor vehicle fuel of gasoline

containing lead or lead additives.

Third, the rule modifies sections 80.23(b)(2)(ii) and (e)(1) to

reflect the simultaneous removal of the definition of leaded gasoline.

Section 80.24. This rule simplifies section 80.24, which contains

requirements applicable to motor vehicles. EPA has determined that

portions of section 80.24 are no longer needed to prevent misfueling

(see discussion of sections 80.22 (d) and (e) above). Accordingly, this

rule deletes section 80.24(a), which requires that ``unleaded gasoline

only'' labels be affixed to the dashboard and fuel filler inlet of each

motor vehicle with an emission control device which will be

significantly impaired by the use of gasoline containing lead or lead

additives. The labels will no longer be necessary once the ban on

fueling motor vehicles with gasoline which is produced with the use of

any lead additive, or contains more than 0.05 grams of lead per gallon,

becomes effective January 1, 1996.

Similarly, section 80.24(b)(1) currently requires that a pump

nozzle dispensing gasoline other than unleaded gasoline must

automatically shut off during attempted refueling into a motor vehicle

equipped with a fuel filler inlet for unleaded gasoline. It is

appropriate to remove this requirement because the requirement was

intended to prevent misfueling and, as stated above (see discussion of

sections 80.22 (d) and (e)) EPA now believes misfueling is unlikely,

making this safeguard against misfueling unnecessary. Section

80.24(b)(2) explains the scope of section 80.24(b)(1). Once section

80.24(b)(1) is removed, it is appropriate to remove section 80.24(b)(2)

as well.

The introductory text of section 80.24 is deleted and the remaining

text of section 80.24(b) is modified so that section 80.24(b)'s tank

filler inlet size requirements apply to all new motor vehicles, and not

just those equipped with an emission control device that would be

significantly impaired by the use of gasoline containing lead or lead

additives. This modification comports with the statutory ban

prohibiting the use of gasoline containing lead or lead additives as a

motor vehicle fuel, by requiring that all new motor vehicles are

equipped with tank filler inlets matching the size of the nozzle on

pumps dispensing unleaded gasoline.

Finally, section 80.24(c) is deleted, because the paragraph

clarifies the term ``emission control device which will be

significantly impaired by the use of leaded gasoline.'' This term is

currently used in the introductory text of section 80.24, but is being

removed as explained above. Therefore, section 80.24(c) no longer

serves any purpose and will be deleted.

Section 80.25. Section 80.25, which requires lead additive

manufacturers to report the amount of lead shipped to refineries, is

deleted in its entirety. These reports are currently utilized to verify

reports submitted by refineries in the lead phasedown program

summarizing the amount of lead used in the production of gasoline.

Section 80.20, which contains provisions related to the lead phasedown

program, is being deleted in today's action (see discussion of section

80.20), making the requirements of section 80.25 unnecessary.

III. Environmental Impact

This rule is expected to have a positive environmental effect by

facilitating smooth implementation of the Clean Air Act prohibition on

gasoline containing lead or lead additives for use in motor vehicles,

which becomes effective after December 31, 1995. This rule marks the

completion of a lead phasedown program which EPA began in 1973 upon

determining that lead particle emissions from motor vehicles presented

a significant risk of harm to the health of urban populations,

especially in children.

IV. 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). The Administrator certifies that this rule will not have a

significant impact on a substantial number of small entities. This rule

is not expected to result in any additional compliance cost to

regulated parties and, in fact, is expected to decrease compliance

costs for some regulated parties. This decrease in compliance costs is

largely due to the deletion of regulatory requirements no longer

necessary given the Clean Air Act statutory ban on gasoline containing

lead or lead additives for use in motor vehicles. This rule will reduce

compliance costs due to the removal of several reporting, labeling, and

equipment requirements. Owners of vehicles which are designed to

operate on leaded gasoline will not be subject to additional costs as a

result of this ban. Many vehicles designed to use leaded gasoline

currently use unleaded gasoline, which costs significantly less than

leaded gasoline. Lead substitute additives are available for vehicles

which operate under higher loads and require additional protection

against valve seat wear.

V. Effective Date

This action will become effective March 4, 1996, unless EPA

receives notice by February 20, 1996 from someone who wishes to submit

adverse comments or request an opportunity for a public hearing. If EPA

receives such notice, EPA will withdraw this rule and publish timely

notice in the Federal Register of such withdrawal.

VI. Executive Order 12866

Under Executive Order 12866,5 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:

\5\ 58 FR 51735 (October 4, 1993).

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

or adversely affect in a material way the

[[Page 3837]]

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.6

\6\ Id. at section 3(f)(1)-(4).

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It has been determined that this rule is not a ``significant

regulatory action'' under the terms of Executive Order 12866 and is

therefore not subject to OMB review.

VII. 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 the final rule promulgated today does not

trigger the requirements of UMRA. The 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 significantly or uniquely affect small governments.

VIII. Judicial Review

Because this action promulgates a prohibition in Section 211 of the

Clean Air Act and is nationally applicable, under Section 307(b)(1) of

the Clean Air Act judicial review of this action is available only by

the filing of a petition for review in the U.S. Court of Appeals for

the D.C. Circuit within sixty days of publication of this action in the

Federal Register, unless EPA withdraws this rule in response to notice

of intent to file adverse comment or request the opportunity for a

public hearing.

List of Subjects in 40 CFR Part 80

Environmental protection, Air pollution control, Fuel additives,

Gasoline, Leaded gasoline, Unleaded gasoline, and Motor vehicle

pollution.

Dated: January 29, 1996.

Carol M. Browner,

Administrator.

PART 80--REGULATION OF FUELS AND FUEL ADDITIVES

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)).

Sec. 80.2 [Amended]

2. Section 80.2 is amended by removing and reserving paragraph (f).

3. Section 80.7 is amended by revising paragraph (a) introductory

text and the first sentence of paragraph (c) to read as follows:

Sec. 80.7 Requests for information.

(a) When the Administrator, the Regional Administrator, or their

delegates have reason to believe that a violation of section 211(c) or

section 211(n) of the Act and the regulations thereunder has occurred,

they may require any refiner, distributor, wholesale purchaser-

consumer, or retailer to report the following information regarding

receipt, transfer, delivery, or sale of gasoline represented to be

unleaded gasoline and to allow the reproduction of such information at

all reasonable times.

* * * * *

(b) * * *

(c) Any refiner, distributor, wholesale purchaser-consumer,

retailer, or importer shall provide such other information as the

Administrator or his authorized representative may reasonably require

to enable him to determine whether such refiner, distributor, wholesale

purchaser-consumer, retailer, or importer has acted or is acting in

compliance with sections 211(c) and 211(n) of the Act and the

regulations thereunder and shall, upon request of the Administrator or

his authorized representative, produce and allow reproduction of any

relevant records at all reasonable times. * * *

Secs. 80.20 and 80.21 [Removed and reserved]

4. Sections 80.20 and 80.21 are removed and reserved.

5. Section 80.22 is amended by revising the title and paragraphs

(a), (f) introductory text, and (f)(2) introductory text by adding

paragraph (b), and by removing and reserving paragraphs (d), (e),

(f)(1), (g), (h) and (i) to read as follows:

Sec. 80.22 Controls and prohibitions.

(a) After December 31, 1995, no person shall sell, offer for sale,

supply, offer for supply, dispense, transport, or introduce into

commerce gasoline represented to be unleaded gasoline unless such

gasoline meets the defined requirements for unleaded gasoline in

Sec. 80.2(g); nor shall he dispense, or cause or allow the gasoline

other than unleaded gasoline to be dispensed into any motor vehicle

which is equipped with a gasoline tank filler inlet which is designed

for the introduction of unleaded gasoline.

(b) After December 31, 1995, no person shall sell, offer for sale,

supply, offer for supply, dispense, transport, or introduce into

commerce for use as fuel in any motor vehicle (as defined in Section

216(2) of the Clean Air Act, 42 U.S.C. 7550(2)), any gasoline which is

produced with the use of lead additives or which contains more than

0.05 gram of lead per gallon.

(c) * * *

* * * * *

(f) Beginning January 1, 1996, every retailer and wholesale

purchaser-consumer shall equip all gasoline pumps as follows:

(1) [Reserved]

(2) Each pump from which unleaded gasoline is dispensed into motor

vehicles shall be equipped with a nozzle spout which meets the

following specifications:

* * * * *

6. Section 80.23 is amended by revising the introductory text and

paragraphs (b)(2)(ii) and (e)(1), and by removing and reserving

paragraph (e)(2) to read as follows:

Sec. 80.23 Liability for violations.

Liability for violations of paragraphs (a) and (b) of Sec. 80.22

shall be determined as follows:

* * * * *

(b)(1) * * *

(2) * * *

(ii) That the violation was caused by an act in violation of law

(other than the Act or this part), or an act of sabotage, vandalism, or

deliberate commingling of gasoline which is produced with the use of

lead additives or phosphorus additives with unleaded gasoline, whether

or not such acts are violations of law in the jurisdiction where the

[[Page 3838]]

violation of the requirements of this part occurred, or

* * * * *

(e)(1) In any case in which a retailer or his employee or agent or

a wholesale purchase-consumer or his employee or agent introduced

gasoline other than unleaded gasoline into a motor vehicle which is

equipped with a gasoline tank filler inlet designed for the

introduction of unleaded gasoline, only the retailer or wholesale

purchaser-consumer shall be deemed in violation.

(2) [Reserved].

7. Section 80.24 is amended by removing the introductory text and

by removing and reserving paragraph (a), and removing paragraph (c),

and by revising paragraph (b) to read as follows:

Sec. 80.24 Controls applicable to motor vehicle manufacturers.

(a) [Reserved].

(b) The manufacturer of any motor vehicle powered with gasoline

shall equip such vehicle with a gasoline tank filler inlet having a

restriction which allows the insertion of a nozzle with a spout meeting

the specifications in Sec. 80.22(f)(2) and which prevents the insertion

of a nozzle of greater size than prescribed in Sec. 80.22(f)(2).

Sec. 80.25 [Removed and reserved]

8. Section 80.25 is removed and reserved.

[FR Doc. 96-2231 Filed 2-1-96; 8:45 am]

BILLING CODE 6560-50-P