Use of Alternative Analytical Test Methods in the Reformulated Gasoline Program and Revision of the Specification for the Mixing Chamber Associated With Animal Toxicity Testing of Fuels and Fuel Additives

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 79 and 80

[FRL-6187-6]

Use of Alternative Analytical Test Methods in the Reformulated

Gasoline Program and Revision of the Specification for the Mixing

Chamber Associated With Animal Toxicity Testing of Fuels and Fuel

Additives

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This direct final rule extends the time period during which

certain alternative analytical test methods may be used in the Federal

reformulated gasoline (RFG) program to September 1, 2000. The time

period for use of these alternative methods originally expired on

January 1, 1997 and was previously extended to September 1, 1998. The

purpose of today's extension is to grant temporary flexibility until a

final performance-based analytical test method approach rulemaking is

promulgated. EPA expects to finalize the performance-based analytical

test methods approach rulemaking before September 1, 2000. This direct

final rule also makes certain revisions to the procedures applicable to

health effects testing of fuels and fuel additives.

EFFECTIVE DATE: This direct final rule is effective January 19, 1999,

unless EPA receives adverse comment or a request for a public hearing

by December 17, 1998. In the `` Proposed Rules'' section of today's

Federal Register, EPA is publishing a proposed rule that matches the

substance of this direct final rule. If the Agency receives adverse

comment or a request for a public hearing by December 17, 1998, EPA

will withdraw this direct final rule by publishing timely withdrawal in

the Federal Register.

ADDRESSES: Any person wishing to submit comments should send them (in

duplicate, if possible) to the docket address listed and to Joseph R.

Sopata, U.S. Environmental Protection Agency, Fuels and Energy

Division, 401 M Street, SW (6406J), Washington, D.C. 20460. Materials

relevant to this direct final rule have been placed in docket A-98-21

located at U.S. Environmental Protection Agency, Air Docket Section,

Room M-1500, 401 M Street, SW, Washington, D.C. 20460. The docket is

open for public inspection from 8:00 a.m. until 5:30 p.m., Monday

through Friday, except on Federal holidays. A reasonable fee may be

charged for photocopying services.

FOR FURTHER INFORMATION CONTACT: For further information about this

rule, contact Joseph R. Sopata, Chemist, Fuels & Energy Division, at

(202) 564-9034. To notify EPA of an intent to submit an adverse comment

or public hearing request, contact Joseph R. Sopata, (202) 564-9034, or

Anne-Marie C. Pastorkovich, Attorney/Advisor, Fuels & Energy Division,

(202) 564-8987.

SUPPLEMENTARY INFORMATION:

I. Regulated Entities

Entities potentially regulated by this action are those that use

analytical test methods to comply with the RFG program and

manufacturers of fuels and fuel additives. Regulated categories and

entities include:

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Category Examples of regulated entities

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Industry....................... Oil refiners, gasoline importers, oxygenate blenders, analytical testing laboratories.

Manufacturers of gasoline and diesel fuel.

Manufacturers of additives for gasoline and diesel fuel.

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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 all types of entities that EPA is now aware

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 parts 79 and 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 section of this document.

II. RFG Standards & Test Methods Utilized at Sec. 80.46

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 anti-dumping 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 published the final RFG regulations in the Federal

Register on February 16, 1994.1

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\1\ The RFG and anti-dumping regulations are located at 40 CFR

part 80, subparts D, E, and F. The final rule establishing the RFG

and anti-dumping standards was published in the February 16, 1994

Federal Register at 59 FR 7716. Amendments were published at 59 FR

36944 (June 20, 1994), 59 FR 39258 (August 2, 1994), 59 FR 60715

(November 28, 1994), 60 FR 2699 (January 11, 1995), 60 FR 6030

(February 1, 1995), 60 FR 35488 (July 10, 1995), 60 FR 40006 (August

1, 1995), 60 FR 65571 (December 20, 1995), 61 FR 12030 (March 25,

1996), 61 FR 20736 (May 8, 1996), 61 FR 35673 (July 8, 1996), 61 FR

58304 (November 13, 1996), 62 FR 9872 (March 4, 1997), 62 FR 12572

(March 17, 1997), and 62 FR 30260 (June 3, 1997). EPA proposed

several additional modifications to the RFG and anti-dumping

regulations at 62 FR 37338 (July 11, 1997). Some of these proposed

modifications were included in a final rule published at 62 FR 68196

(December 31, 1997), while others will be the subject of a future

final rule. Please refer to the December 31, 1997 final rule for

more information.

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[[Page 63790]]

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. Based upon comments received from the regulated

industry during the RFG and anti-dumping rulemaking, 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. Language was adopted in Secs. 80.46(f)(3) and (g)(9)(i),

which permitted the use of alternative analytical test methods for

aromatics and oxygenates, respectively, until January 1, 1997. These

sections were later amended by a November 13, 1996 final rule published

in the Federal Register to permit the use of alternative analytical

test methods for these two parameters until September 1,

1998.2

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\2\ See 61 FR 58304 (November 13, 1996). The final rule did not

become effective until May 1, 1998, due to an inadvertent

administrative error. See the correction notice announcing the new

effective data 63 FR 24117 (May 1, 1998).

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As explained in the February 16, 1994 final rule, the Agency will

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. The Agency envisions that a

performance-based approach could provide additional flexibility to the

regulated industry in its 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. The Agency further believes that the

establishment of a performance-based test method approach may help

advance the purposes of the ``National Technology Transfer and

Advancement Act of 1995,'' section 12(d) of Public Law 104-113 and

Office of Management and Budget (OMB) circular A-119.3 In

general, the National Technology Transfer and Advancement Act of 1995

and OMB Circular A-119 are designed to encourage the adoption of

standards developed by ``voluntary consensus bodies'' and to reduce

reliance on government-unique standards ``where an existing voluntary

standard would suffice.'' 4 Today's direct final rule

provides an extension of deadline for use of certain alternative test

methods until such time as a notice-and-comment rulemaking to establish

performance-based standards is completed. Issues related to the

National Technology Transfer and Advancement Act of 1995 and OMB

Circular A-119 will be appropriately explored in detail in connection

with that rulemaking.

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\3\ See ``OMB Circular A-119; Federal Participation in the

Development and Use of Voluntary Consensus Standards and in

Conformity Assessment Activities,'' 63 FR 8546 (February 19, 1998).

\4\ Id.

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EPA originally expected to finalize action on such a rulemaking by

September 1, 1998; however, the Agency now realizes that it will not

complete rulemaking until after that date. Refiners and importers will

need several months to determine whether these alternative methods

qualify under the envisioned performance based analytical test method

approach. Therefore the Agency is extending the deadline for the use of

alternative test methods at Secs. 80.46(f)(3) and 80.46(g)(9) until

September 1, 2000. This extension of the deadline 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. EPA reasonably expects to complete rulemaking before

September 1, 2000.

III. Revision of the Specification for the Mixing Chamber

Associated With Animal Toxicity Testing of Fuels and Fuel Additives

at Sec. 79.57(e)(2)(iii)(C)

The fuels and fuel additives registration program is authorized by

section 211 of the Clean Air Act and codified in 40 CFR part 79. In

accordance with sections 211(a) and (b)(1) of the Act, basic

registration requirements applicable to gasoline and diesel fuel have

been in existence since 1975. On June 27, 1994, EPA published a Federal

Register document announcing final additional regulations for

registration of designated fuels and fuel additives as authorized by

sections 211(b)(2) and 211(e) of the Clean Air Act as amended in

1990.5 The additional regulations require manufacturers, as

part of the registration program, to conduct tests and submit

information related to the health effects of their fuel and fuel

additive products. The health effects testing requirements are

organized in three tiers. Tier 1 requires analysis of combustion and

evaporative emissions of fuels and fuel additives and a survey of

existing scientific information on the public health and welfare

effects of these emissions. Tier 2 requires manufacturers to conduct

specified health effects tests to screen for adverse health effects of

fuel and fuel additive emissions. Additional testing may be required

under Tier 3 at EPA's discretion.

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\5\ The fuels and fuel additives registration regulations are

located in 40 CFR part 79. Testing requirements for fuels and fuel

additives are in subpart F. The final rule establishing these

regulations was published in the June 27, 1994 Federal Register at

59 FR 33042. Amendments were published at 61 FR 36506 (July 11,

1996), 61 FR 58744 (November 18, 1996), 62 FR 12564 (March 17, 1997)

and 62 FR 12572 (March 17, 1997).

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A provision of the health effects testing regulations requires that

the emission moderation apparatus must function such that the average

concentration of hydrocarbons leaving the apparatus shall be within 10

percent of the average concentration of hydrocarbons entering the

mixing chamber. The Agency now believes that this specification for the

mixing chamber (or any alternative emission moderation apparatus) at

Secs. 79.57(e)(2)(iii)(C) and 79.57(e)(2)(v)(B) is likely unachievable

in a typical laboratory setting. Additionally, the regulations require

that the mean exposure concentration in the inhalation test chamber

shall be within 10 percent of the target concentration for the single

species being controlled on 90 percent or more of the exposure days and

that daily monitoring of CO, CO2, oxides of nitrogen, oxides

of sulfur and total hydrocarbons in the exposure chamber shall be

required. 40 CFR 79.57(e)(2)(iv)(B). EPA now believes that the required

mean exposure concentration in the inhalation test chamber is

unachievable for total hydrocarbons and particulate. The Agency

believes that the reason that these specifications are unachievable for

hydrocarbons and particulate is because of the cohesive qualities that

such compounds share. These shared cohesive tendencies result in a

tendency to fall out of the exposure atmosphere as it passes through

the apparatus.

EPA believes that a more appropriate specification for particulate

and hydrocarbon compounds would be 15%. The Agency believes the

modified emission dilution requirements at Secs. 79.57(e)(2)(iv)(B) and

79.57(e)(2)(vi)(B), will provide for sufficient quality control

assurances and thereby negate the need for Secs. 79.57(e)(2)(iii)(C)

and

[[Page 63791]]

79.57(e)(2)(v)(B).6 Accordingly, the Agency is deleting

Secs. 79.57(e)(2)(iii)(C) and 79.57(e)(2)(v)(B), and modifying

Secs. 79.57(e)(2)(iv)(B) and 79.57(e)(2)(vi)(B).

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\6\ Sections 79.57(e)(2)(iv)(B) and 79.57(e)(2)(vi)(B) did not

previously contain reference to hydrocarbons, but have been modified

by this direct final rule to include specific requirements for both

hydrocarbons and particulate. Sections 79.57(e)(2)(iii)(C) and

79.57(e)(2)(v)(B), which are deleted by this action, specifically

addressed hydrocarbons only, and are no longer necessary.

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IV. Additional changes related to animal toxicity testing of fuels

and fuel additives

A. Vascular Perfusion Technique

Section 79.66(e)(5)(iii)(B) states that for the vascular perfusion

technique, the animals shall be perfused in situ by a generally

recognized technique.7 Section 79.62(d)(7)(v) states that

the lungs and trachea of the whole-body perfusion-fixed test animals

are examined for inhaled particle distribution.

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\7\ Standard techniques for vascular perfusion in the following

references are cited: Zeman, W., and Innes, J.R.M., Craigie's

Neuroanatomy of the Rat (New York: Academic, 1963); Hayat, M.A.,

``Vol. 1. Biological applications,'' Principles and Techniques of

Electron Microscopy (New York: Van Nostrand, Reinhold, 1970); and

Spencer, P.S., and Schaumbur, H.H., (eds.). Experimental and

Clinical Neurotoxicology (Baltimore: Williams and Wilkins, 1980).

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The methods for vascular perfusion cited in the regulation perfuse

only the systemic vascular system with fixative. Using the methods

cited, the lungs are neither fixed nor inflated. This is because no

pressure (either air or fixative) is applied to the airways to

counteract the pressure being applied through the blood vessels, so

that the airspaces of the lungs collapse under the pressure from the

vascular fixation. The collapsed, unfixed lungs are not useful for

histopathological examination, or for examination of inhaled particle

distribution.

EPA is modifying the systemic vascular perfusion fixation procedure

by including intratracheal instillation of the lungs with fixative via

the trachea during the fixation process. This would preserve the lungs

for examination and achieve the whole-body fixation needed for

neurotoxicity endpoints.

B. Correction of Animal Numbers

Section 79.62(d)(1)(ii)(B) states, in part, ``Forty rodents, 25

females and 10 males * * *'' EPA is amending this section to reflect a

correct total of 35 rodents.

V. Environmental and Economic Impacts

This rule is expected to have no negative environmental impact. The

change in the deadline for the use of certain alternative test methods

preserves the status quo of the RFG program and will result in no

reduction in the emission benefits of the program. The changes to the

fuels and fuel additives registration regulations are not expected to

have any negative environmental impact on the public health and

environmental benefits associated with the fuels and fuel additives

testing program. In fact, today's changes with regard to health testing

requirements add certainty and correct errors and, as a result, may

enhance the benefits of the program.

Today's direct final rule would have a positive impact on the great

majority of entities regulated by the RFG regulation, because it

permits continued flexibility with respect to the use of alternative

test methods. This flexibility will continue through September 1, 2000

or until such time as EPA issues final regulations for performance-

based analytical test methods. The proposed changes to the health

effects testing requirements are minor and are not expected to result

in any additional compliance costs for regulated parties.

VI. Regulatory Flexibility

EPA has determined that it is not necessary to prepare a regulatory

flexibility analysis in connection with this proposed rule. EPA has

also determined that this direct final rule will not have a significant

impact on a substantial number of small entities. Small entities

include small businesses, small not-for-profit enterprises, and small

governmental jurisdictions. Today's regulation would have a positive

economic impact on the great majority of entities regulated by the RFG

regulation, including small businesses. Specifically, it grants the

regulated industry flexibility in the use of alternative test methods

until September 1, 2000 (or until such time as EPA completes final

rulemaking) and corrects certain errors in existing registration

requirements for fuels and fuel additives. It is not expected to result

in any additional compliance costs for regulated parties, including

small entities. A regulatory flexibility analysis has therefore not

been prepared.

VII. Executive Order 12866

Under Executive Order 12866,8 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:

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\8\ 58 FR 51736 (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 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.9

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\9\ Id. at section 3(f)(1)-(4).

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EPA has 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.

VIII. Paperwork Reduction Act

Today's direct final rule does not impose any new information

collection burden. The Office of Management and Budget (OMB) has

previously approved the applicable information collection requirements

(ICRs) under the provisions of the Paperwork Reduction Act, 44 U.S.C.

3501 et seq., and has assigned the following OMB control numbers: 2060-

0297 (``Registration of Fuels and Fuel Additives; Health-Effects

Research Requirements for Manufacturers--40 CFR part 79, subpart F''),

2060-0150 (``Registration of Fuels and Fuel Additives: Requirements for

Manufacturers''), and 2060-0277 (``Standards for Reformulated

Gasoline''). Copies of these ICRs may be obtained from Sandy Farmer, OP

Regulatory Information Division, U.S. Environmental Protection Agency

(2137), 401 M Street, SW, Washington, DC 20460, or by calling (202)

260-2740. Include the ICR title and/or OMB number in any

correspondence. Nothing in today's direct final rule will result in any

additional reporting, recordkeeping, testing, or other informational

burdens.

IX. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995

(``UMRA''), Public Law 104-4, EPA must prepare a budgetary impact

statement to accompany any general

[[Page 63792]]

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 rule does not include a Federal

mandate as defined in 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.

X. Effects on Tribal, State, and Local Government Entities

This direct final rule does not establish any regulatory

requirements which would significantly or uniquely affect tribal

governments within the meaning of E.O. 13084, ``Consultation and

Coordination with Indian Tribal Governments.''

XI. Executive Order 12875: Enhancing Intergovernmental Partnerships

Under Executive Order 12875, EPA may not issue a regulation that is

not required by statute and that creates a mandate upon a state, local

or tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments. If the mandate is unfunded, EPA must provide to the Office

of Management and Budget a description of the extent of EPA's prior

consultation with representatives of affected state, local and tribal

governments, the nature of their concerns, copies of any written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, Executive Order 12875

requires EPA to develop an effective process permitting elected

officials and other representatives of state, local and tribal

governments ``to provide meaningful and timely input in the development

of regulatory proposals containing significant unfunded mandates.''

Today's direct final rule does not create a mandate on state, local

or tribal governments. The direct final rule does not impose any

enforceable duties on these entities. Accordingly, the requirements of

section 1(a) of Executive Order 12875 do not apply to this direct final

rule.

XII. Applicability of E.O. 13045: Children's Health Protection

This direct final rule is not subject to E.O. 13045, entitled

``Protection of Children from Environmental Health Risks and Safety

Risks'' (62 FR 19885, April 23, 1997), because it does not involve

decisions on environmental health risks or safety risks that may

disproportionately affect children.

Today's direct final rule extends the time period during which

certain alternative analytical test methods may be used. This would

preserve the status quo under the existing RFG program until such time

as a performance-based test method rule is issued. The extension will

result in no reduction in the RFG program's environmental or health

benefits and presents no health or safety risks that will adversely

affect children.

Today's changes and corrections to the health effects testing

regulations for fuels and fuel additives will add certainty and

facilitate compliance by regulated parties. As a result, any impact on

children's health resulting from these changes and corrections would

reasonably be expected to be positive.

XIII. National Technology Transfer and Advancement Act

The National Technology Transfer and Advancement Act (NTTAA),

section 12(d) of Public Law 104-113, is designed to encourage the

adoption of standards developed by ``voluntary consensus bodies'' and

to reduce reliance on government-unique standards where existing

voluntary standards would suffice.

Today's direct final rule provides an extension of deadline for use

of certain analytical test methods for the RFG program until such time

as a notice-and-comment rulemaking to establish performance-based

analytical test methods is completed. Today's action does not establish

new technical standards or analytical test methods. The Agency plans to

address the NTTAA in detail in an upcoming rulemaking to establish

performance-based analytical test methods.

For a more detailed discussion, please refer to SUPPLEMENTARY

INFORMATION, section II, ``RFG Standards and Test Methods Utilized at

Sec. 80.46,'' above.

XIV. Submission to Congress and the General Accounting Office

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Act of 1996, generally provides

that before a rule may take effect, the agency promulgating the rule

must submit a rule report, which includes a copy of the rule, to each

House of the Congress and to the Comptroller General of the United

States. EPA will submit 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 United States prior

to publication of the rule in the Federal Register. A major rule cannot

take effect until 60 days after it is published in the Federal

Register. This action is not a ``major rule'' as defined by 5 U.S.C.

804(2). This rule will be effective January 19, 1999.

List of Subjects

40 CFR Part 79

Environmental protection, Fuel additives, Gasoline, Motor vehicle

pollution, Penalties, Reporting and recordkeeping requirements.

40 CFR Part 80

Environmental protection, Fuel additives, Gasoline, Imports,

Labeling.

Dated: November 3, 1998.

Carol M. Browner,

Administrator.

For the reasons described in the preamble, parts 79 and 80 of Title

40 of the Code of Federal Regulations are amended as follows:

PART 79 [AMENDED]

1. The authority citation for part 79 continues to read as follows:

Authority: 42 U.S.C. 7414, 7524, 7545, and 7601.

* * * * *

2. Section 79.57 is amended by removing and reserving paragraphs

(e)(2)(iii)(C) and (e)(2)(v)(B) and by revising paragraphs

(e)(2)(iv)(B) and (e)(2)(vi)(B), to read as follows:

Sec. 79.57 Emission generation.

* * * * *

(e) * * *

(2) * * *

(iii) * * *

(C) [Reserved]

* * * * *

(iv) * * *

(B) These procedures include requirements that the mean exposure

concentration in the inhalation test chamber on 90 percent or more of

the

[[Page 63793]]

exposure days shall be controlled as follows:

(1) If the species being controlled is hydrocarbon or particulate,

the mean exposure concentration must be within 15 percent of the target

concentration for the single species being controlled.

(2) For other species, the mean exposure concentration must be

within 10 percent of the target concentration for the single species

being controlled.

(3) For all species, daily monitoring of CO, CO2,

NOX, SOX, and total hydrocarbons in the exposure

chamber shall be required. Analysis of the particle size distribution

shall also be performed to establish the stability and consistency of

particle size distribution in the test exposure.

* * * * *

(v) * * *

(B) [Reserved]

* * * * *

(vi) * * *

(B) These procedures include requirements that the mean exposure

concentration in the inhalation test chamber on 90 percent or more of

the exposure days shall be controlled as follows:

(1) If the species being controlled is hydrocarbon or particulate,

the mean exposure concentration must be within 15 percent of the target

concentration for the single species being controlled.

(2) For other species, the mean exposure concentration must be

within 10 percent of the target concentration for the single species

being controlled.

(3) For all species, daily monitoring of CO, CO2,

NOX, SOX, and total hydrocarbons in the exposure

chamber shall be required. Analysis of the particle size distribution

shall also be performed to establish the stability and consistency of

particle size distribution in the test exposure.

* * * * *

3. Section 79.62 is amended by revising paragraph (d)(1)(ii)(B), to

read as follows:

Sec. 79.62 Subchronic toxicity study with specific health effects

assessment.

* * * * *

(d) * * *

(1) * * *

(ii) * * *

(B) Thirty-five rodents, 25 females and ten males, shall be added

for each test concentration or control group when combining a 90-day

toxicity study with a fertility assessment.

* * * * *

4. Section 79.66 is amended by adding a sentence to the end of

paragraph (e)(5)(iii)(B), to read as follows:

Sec. 79.66 Neuropathology assessment.

* * * * *

(e) * * *

(5) * * *

(iii) * * *

(B) Perfusion technique. * * * In addition, the lungs shall be

instilled with fixative via the trachea during the fixation process in

order to preserve the lungs and achieve whole-body fixation.

* * * * *

PART 80--[AMENDED]

5. 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)).

* * * * *

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

(g)(9) to read as follows:

Sec. 80.46 Measurement of reformulated gasoline fuel parameters.

* * * * *

(f) * * *

(3) Alternative test method. (i) Prior to September 1, 2000, 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 Flourescent Indicator Adsorption,'' for

purposes of meeting any testing requirement involving aromatics

content; provided that

(ii) The refiner or importer test result is correlated with the

method specified in paragraph (f)(1) of this section.

(g) * * *

(9)(i) Prior to September 1, 2000, 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

(ii) The refiner or importer test result is correlated with the

method set forth in paragraphs (g)(1) through (g)(8) of this section.

* * * * *

[FR Doc. 98-30401 Filed 11-16-98; 8:45 am]

BILLING CODE 6560-50-P