Proposed Alternative Tier 2 Requirements for Baseline Gasoline and the Oxygenated Gasoline Categories of Methyl Tertiary Butyl Ether, Ethyl Tertiary Butyl Ether, Ethyl Alcohol, Tertiary Amyl Methyl Ether, Diisopropyl Ether, and Tertiary Butyl Alcohol

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 79

[FRL-5890-4]

Proposed Alternative Tier 2 Requirements for Baseline Gasoline

and the Oxygenated Gasoline Categories of Methyl Tertiary Butyl Ether,

Ethyl Tertiary Butyl Ether, Ethyl Alcohol, Tertiary Amyl Methyl Ether,

Diisopropyl Ether, and Tertiary Butyl Alcohol

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed requirements.

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SUMMARY: The purpose of this notice is to announce that the

Environmental Protection Agency (EPA) has notified the American

Petroleum Institute (API) test group consortium (hereinafter API Test

Group Consortium) for baseline gasoline and gasolines containing methyl

tertiary butyl ether (MTBE) and other oxygenates, of the proposed

Alternative Tier 2 testing requirements under the fuel and fuel

additive (F/FAs) registration testing requirements of 40 CFR part 79,

subpart F, and to request public comment on these proposed

requirements.

The Agency notified the API Test Group Consortium, by certified

letter dated August 20, 1997, of the specific tests which the Agency is

proposing to require under the Alternative Tier 2 provisions for

baseline gasoline and gasolines containing MTBE, and other oxygenates,

and the proposed schedule for completion and submission of such tests.

A copy of the letter as well as the proposed tests and schedule under

the Alternative Tier 2 provisions have been placed in the public

record.

DATES: Comments on these proposed Alternative Tier 2 provisions must be

received from the public by November 10, 1997. Comments on the proposed

Alternative Tier 2 provisions must be received from the API Test Group

Consortium within 60 days of their receipt of the notification letter.

ADDRESSES: Written comments on this proposed action should be addressed

to Public Docket No. A-96-16, 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-96-16. 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: John Brophy, Environmental Scientist,

U.S. Environmental Protection Agency, Office of Air and Radiation,

(202) 233-9068.

SUPPLEMENTARY INFORMATION: Regulated Entities. Entities potentially

regulated by this action are those that manufacture gasoline with

or without the fuel additives MTBE, ethyl tertiary butyl ether

(ETBE), ethyl alcohol (EtOH), tertiary amyl methyl ether (TAME),

diisopropyl ether (DIPE), and tertiary butyl alcohol (TBA) and

manufacturers of these oxygenates and other gasoline additives.

Regulated categories and entities include:

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Examples of regulated

Category entities

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

importers, oxygenate

blenders, oxygenate and

fuel additive

manufacturers.

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

illustrates the types of entities that EPA is currently aware of that

are likely to be regulated by this action. Other types of entities not

listed in this table could also be regulated. To determine whether an

entity not described by the examples listed in the table is subject to

these requirements, refer to the applicability criteria in Sec. 79 of

title 40 of the Code of Federal Regulations. If questions remain

regarding the applicability of this action to a particular entity,

consult the person listed in the preceding FOR FURTHER INFORMATION

CONTACT section.

In accordance with 40 CFR 79.56(a), manufacturers of F/FAs may

satisfy the subpart F testing requirements on a group basis, e.g. the

API Test Group Consortium. Each individual manufacturer that is a

member of such a group, however, continues to be individually subject

to the testing and data submission requirements.

This notice serves as a notice to all manufacturers of the subject

F/FAs, that are not exempted from these requirements under the small

business provisions of 40 CFR 79.58(d), that they are subject to these

requirements.

I. Introduction

The Clean Air Act (CAA) required the Administrator of EPA to

promulgate requirements providing for industry testing of the health

effects of emissions of F/FAs. The final rule, promulgated on May 27,

1994, established new health effects testing requirements for the

registration of designated F/FAs as authorized by sections 211(b)(2)

and 211(e) of the CAA.

The registration requirements are organized within a three-tier

structure. Tier 1 requires F/FAs manufacturers to supply to EPA (1) the

identity and concentration of certain emission products of designated

F/FAs and an analysis of potential emission exposures, and (2) any

available information regarding the health and welfare effects of the

whole and speciated emissions. 40 CFR 79.52. Tier 2 requires that

combustion emissions of each F/FAs subject to the testing requirements

be tested for subchronic systemic and organ toxicity, as well as the

assessment of specific health effects endpoints. 40 CFR 79.53. Tier 3

testing may be required, at EPA's discretion, when remaining

uncertainties as to the significance of observed health or welfare

effects, or emissions exposures interfere with EPA's ability to

reasonably assess the potential risks posed by emissions from a F/FAs.

40 CFR 79.54. EPA's regulations permit submission of adequate existing

test data in lieu of conducting new duplicative tests. 40 CFR 79.53(b).

The regulations also include provisions for small businesses and

certain types of products, and a grouping system which permits

manufacturers of similar F/FAs products to share the costs of

compliance. 40 CFR 79.58.

The regulations also permit EPA to modify the standard Tier 2

health effects testing requirements for a F/FAs (or group thereof). EPA

may modify the standard Tier 2 requirements by substituting, adding, or

deleting testing requirements; or changing the underlying vehicle/

engine specifications. EPA will not, however, delete a testing

requirement for a specific endpoint in the absence of existing adequate

information, or an alternative testing requirement for that endpoint.

40 CFR 79.58(c). When EPA exercises its authority under this special

provision, it will allow an appropriate time for completion of the

prescribed alternative tests.

II. Proposed Alternative Tier 2 Requirements for Baseline Gasoline and

Oxygenated Gasolines

The purpose of this notice is to announce that the Environmental

Protection Agency (EPA) has notified the API Test Group Consortium of

the proposed Alternative Tier 2 testing requirements under 40 CFR

79.58(c) and to request public comment on the proposed requirements.

The Agency notified the API Test Group Consortium, by certified

letter dated September 20, 1997, of the specific tests which the Agency

is proposing to require under the

[[Page 47401]]

Alternative Tier 2 provisions for baseline gasoline and oxygenated

gasolines, and the proposed schedule for completion and submission of

such tests. A copy of the letter as well as the proposed tests and

schedule under the Alternative Tier 2 provisions have been placed in

the Public Docket No. A-96-16, Waterside Mall (Room M-1500),

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

S.W., Washington, D.C. 20460. The notification letter is also available

on the internet via the EPA's Mobile Sources home page at http://

www.epa.gov/OMSWWW/. The Agency is requesting public comment on these

proposed requirements.

III. Environmental Impact

This proposal will result in no immediate environmental impact, but

may provide a basis for further regulatory action, should the collected

data indicate that health risks exist.

IV. Economic Impact

This proposed Alternative Tier 2 notification for baseline gasoline

and gasolines containing the specified oxygenates will have a

significant impact on oil refiners and manufacturers whose total annual

sales are more than $50 million. The F/FAs regulations at 40 CFR

79.58(d) contain provisions for those fuel or fuel additive

manufacturers whose total annual sales are less than $50 million, and

therefore these parties are not subject to the requirements in this

notice.

List of Subjects in 40 CFR Part 79

Environmental Protection, Air Pollution Control, Gasoline,

Conventional Gasoline, Oxygenates, Methyl Tertiary Butyl Ether, and

Motor Vehicle Pollution.

Dated: September 2, 1997.

Richard D. Wilson,

Acting Assistant Administrator, Office of Air and Radiation.

[FR Doc. 97-23845 Filed 9-8-97; 8:45 am]

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