Use of Alternative Analytical Test Methods in the Reformulated Gasoline Program

SUMMARY: This rule extends the time period during which certain

alternative analytical test methods may be used in the Federal

reformulated gasoline (RFG) program. Currently, the time period for the

use of these alternative test methods expires on January 1, 1997. This

amendment extends the time period 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 in the federal RFG program.

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

extension provides greater flexibility for the regulated industry and

reduce costs to all interested parties.

The Federal RFG program reduces motor vehicle emissions of volatile

organic compounds (VOC), oxides of nitrogen (NOX) and certain

toxic pollutants. This 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.

EFFECTIVE DATE: This amendment is effective January 13, 1997.

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:

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

Category Examples of regulated 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 part 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 subparts D, E and F.

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

\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 and conventional gasoline for various

gasoline parameters or qualities, such as sulfur levels, aromatics,

benzene, and so on.2 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.

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

\2\ 40 CFR 80.65(e), 80.10(i).

[[Page 58305]]

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

80.46(f).3

Oxygen and Oxygenate content Gas Chromatography as described in 40 CFR

analysis. 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.

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 document.

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 document.

C. Public Comment

EPA proposed the revisions in this rule on July 3, 1996.3 As

stated in the preamble in the NPRM, 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. In addition to these parties, ASTM, WSPA, Phillips Petroleum

Company, Fying J. Inc., and Chevron submitted comments in favor of this

extension. There were no adverse public comments following publication

of the NPRM.

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

\3\ (61 FR 34775).

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

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. One

approach under consideration involves developing quality assurance

specifications under which the performance of alternate analytical test

methods would be deemed acceptable for compliance. The Agency envisions

that a performance based approach could 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 is today amending 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 is 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. This

would allow parties to make long-term purchasing decisions based on all

the testing options that could be made available at the conclusion of

the performance-based 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 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 and Impact on Small Entities

This final 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 final 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 Agency has determined

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

substantial number of small entities.

IV. Executive Order 12866

Under Executive Order 12866 4, 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:

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

\4\ 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.5

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

\5\ Id. at section 3(f)(1)-(4).

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

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

regulatory

[[Page 58306]]

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 final rule does not include a Federal

mandate as defined in UMRA. This final 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.

VI. Paperwork Reduction Act

The Office of Management and Budget has approved the information

collection requirements contained in this rule under the provisions of

the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and has assigned

OMB control number 2060-0277. The Agency number for the information

collection requirements contained in this rule is 1591.03. This final

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. The Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq.,

and implementing regulations, 5 CFR Part 1320, do not apply to this

action as it does not involve the collection of information as defined

therein.

VII. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule in not a ``major rule'' as defined by 5

U.S.C. 804(2).

List of Subjects in 40 CFR Part 80

Environmental Protection, Fuel additives, Gasoline, Imports,

Labeling, Motor vehicle pollution, Penalties, Reporting and

recordkeeping requirements.

Dated: November 5, 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:

PART 80--[AMENDED]

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

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

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

2. Section 80.46 is amended by revising paragraphs (f)(3)(i) and

(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 aromatics

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. 96-29023 Filed 11-12-96; 8:45 am]

BILLING CODE 6560-50-P