[Federal Register Volume 66, Number 214 (Monday, November 5, 2001)]
[Rules and Regulations]
[Pages 55885-55890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27588]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[AMS-FRL-7096-5]
RIN-2060-AJ69
Revisions to the Requirements on Variability in the Composition
of Additives Certified Under the Gasoline Deposit Control Program;
Direct Final Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: Deposits that form in gasoline-fueled motor vehicle engines
and fuel supply systems have been shown to increase emissions of
harmful air pollutants. All gasoline used in the U.S. must contain
additives that have been certified with EPA as effective in limiting
the formation of such deposits. During certification, additive
manufacturers must provide EPA with information on additive
composition. To ensure that in-use additives meet EPA requirements,
manufacturers are required to limit variation in the composition of
additive production batches from that reported during certification.
Today's action makes revisions to the information that must be
provided on additive composition by the manufacturer at the time of
certification and clarifies the requirements associated with limiting
variability in additive production batches. These changes address
additive manufacturer concerns that compliance with the existing
requirements would be burdensome and difficult, while maintaining the
emissions control benefits of the gasoline deposit control program.
We are making these regulatory changes by direct final rule without
prior proposal because we view these changes as noncontroversial
revisions and anticipate no adverse comment. The ``Proposed Rules''
section of this Federal Register, contains a proposed rule in which we
propose the regulatory changes in this direct final rule. If we receive
no adverse comment, we will not take further action on the proposed
rule. If we receive adverse comment, we will withdraw the portions of
the direct final rule receiving such comment and those portions will
not take effect. Any adverse comments received on this notice will be
addressed in a subsequent final rule based on the proposed rule. We
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time. We are not planning
to hold a public hearing regarding this action.
DATES: This rule is effective on February 4, 2002 without further
notice, unless EPA receives adverse comment by January 4, 2002. If we
receive adverse comment, we will withdraw an amendment, paragraph, or
section of the direct final rule receiving such comment and those
amendments, paragraphs, or sections will not take effect. Any distinct
amendment, paragraph, or section of today's rulemaking for which we do
not receive adverse comment will become effective on the date set out
above, notwithstanding any adverse comment on any other distinct
amendment, paragraph, or section of today's rule.
ADDRESSES: Interested parties may submit written comments in response
to this notice (in duplicate if possible) to Public Docket No. A-2001-
15, at: Air Docket Section, U.S. Environmental Protection Agency,
Attention: Docket No. A-2001-15, First Floor, Waterside Mall, Room M-
1500, 401 M Street SW., Washington, DC 20460 (Telephone 202-260-7548;
Fax 202-260-4400). We also request that a copy of the comments be sent
to Jeff Herzog by mail at, U.S. EPA, Assessment and Standards Division,
2000 Traverwood Drive, Ann Arbor, MI 48105-2498, or by E-Mail at
[email protected]
This direct final rule and the associated proposed rule are
available electronically on the day of publication from the Office of
the Federal Register internet Web site listed below. Electronic copies
of these notices are also available from the EPA Office of
Transportation and Air Quality Web site listed below. This service is
free of charge, except for any cost that you already incur for internet
connectivity.
Federal Register Web Site:
http://www.epa.gov/docs/fedrgstr/EPA-AIR/ (Either select desired date
or use Search feature.)
Office of Transportation and Air Quality Web Site:
http://www.epa.gov/otaq/ (Look in ``What's New'' or under the specific
rulemaking topic.)
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.
FOR FURTHER INFORMATION CONTACT: Jeff Herzog, U.S. Environmental
Protection Agency, Assessment and Standards Division, 2000 Traverwood,
Ann Arbor, MI, 48105-2498. Telephone (734) 214-4227; Fax (734) 214-
4051; e-mail [email protected]
SUPPLEMENTARY INFORMATION:
Regulated Entities
Entities potentially regulated by this action are those that
manufacture gasoline deposit control (detergent) additives. Regulated
categories and entities include:
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Category NAICS code SIC code Example of regulated entities
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Industry............................... 325998 2899 Gasoline deposit control additive manufacturers.
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a. North American Industry Classification System (NAICS).
b. Standard Industrial Classification (SIC) system code.
[[Page 55886]]
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
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your organization is regulated by this action, you should carefully
examine the applicability requirements in Sec. 80.161(a), the detergent
certification requirements in Sec. 80.161(b), the program controls and
prohibitions in Sec. 80.168, and other related program requirements in
Subpart G, title 40, of the Code of Federal Regulations (CFR). 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. Overview of Action
The accumulation of deposits in the engine and fuel supply systems
of gasoline motor vehicles can significantly increase emissions of
nitrous oxides ( NOX), hydrocarbons (HC), and carbon
monoxide (CO). Pursuant to the requirements of Section 211(l) of the
Clean Air Act (CAA), EPA set forth a gasoline deposit control program
which requires that all gasoline sold for use in motor vehicles in the
United States (U.S.) contain additives that are effective in limiting
the formation of such deposits (40 CFR Part 80). Specifically, EPA
requires that deposit control additives be certified for their ability
to control fuel injector and intake valve deposits in EPA-specified
test procedures. The final requirements of EPA's gasoline deposit
control program were published on July 5, 1996, and became effective
August 1, 1997 (61 FR 35309).
Variation in the composition of gasoline deposit control additives
(DC additives) from one production batch to the next could have a
substantial impact on their ability to control deposits, and on the
emissions benefits of EPA's deposit control program. To ensure that the
in-use performance of gasoline deposit control additives matches that
demonstrated in the certification testing, EPA set forth requirements
limiting the variability in the composition of additive production
batches (from the composition reported in the additive's
certification).
The Chemical Manufacturers Association (CMA, which is now the
American Chemistry Council) notified EPA that certain aspects of the
requirements to limit variability in DC additive composition would be
burdensome and difficult for additive manufactures to comply with. CMA
also stated that other related provisions needed to be clarified.
Accordingly, CMA filed a petition for review of these requirements.\1\
CMA then entered into a process with EPA to evaluate alternatives to
EPA's current requirements. Through this process, changes to EPA's
current requirements were developed that resolve CMA's concerns while
meeting EPA's goal of preserving the emissions benefits of the gasoline
deposit control program by effectively limiting variability in additive
composition. Today's Final Rule makes the changes which CMA and EPA
agreed upon in the settlement agreement to resolve CMA's petition for
review.
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\1\ Petition for review under the Clean Air Act's judicial
review provisions, Chemical Manufacturers Association v. U.S. EPA,
No. 96-1297, August 26, 1996.
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EPA is publishing this rule without prior proposal because we view
these provisions as non-controversial amendments and anticipate no
adverse comment. However, in the ``Proposed Rules'' section of today's
Federal Register publication, we are publishing a separate document
that will serve as the proposal to make these regulatory revisions if
adverse comments are filed. This rule will be effective on February 4,
2002 without further notice unless we receive adverse comment by
January 4, 2002.
If EPA receives adverse comment on one or more distinct provisions,
paragraphs, or sections of this rulemaking, we will publish a timely
withdrawal in the Federal Register indicating which provisions, will
become effective and which provisions are being withdrawn due to
adverse comment. Any distinct amendment, paragraph, or section of
today's rulemaking for which we do not receive adverse comment will
become effective on the date set out above, notwithstanding any adverse
comment on any other distinct amendment, paragraph, or section of
today's rule. We will address any adverse comments received on this
notice in a subsequent final rule based on the proposed rule. We will
not institute a second comment period on this action. Any parties
interested in commenting must do so at this time.
II. What Revisions Does This Rule Make to the Requirements on
Deposit Control Additives?
The current requirements on DC additives that CMA requested be
reviewed are contained in 40 CFR 80.162(a)(3) on DC additive
composition variability, 40 CFR 80.162(d) on the test method to
evaluate the composition of DC additives, and 40 CFR 80.169(c)(4) on
detergent (deposit control additive) manufacturer presumptive liability
affirmative defense. Following is a discussion of the requirements CMA
requested be reviewed, EPA's reasons for establishing them in their
current form, and the changes to these requirements made by today's
notice.
A. Revisions to the Requirements on Variability in Additive Composition
Revisions to 40 CFR 80.162(a)(3)(i)(B)
The current regulatory requirements in 40 CFR 80.162(a)(3)(i)(B)
state that:
(i) The composition of a detergent additive reported in a single
additive registration (and the detergent additive product sold under a
single additive registration) may not:
* * * * *
(B) Include a range of concentration for any detergent-active
component such that, if the component were present in the detergent
additive package at the lower bound of the reported range, the deposit
control effectiveness of the additive package would be reduced as
compared with the level of effectiveness demonstrated during
certification testing.
EPA's goal in establishing this requirement in its current form was
to ensure that each component of a deposit control (detergent) additive
is present in additive production batches at no less the concentration
needed to meet EPA's deposit control performance requirements.
CMA requested that the requirements of 40 CFR 80.162(a)(3)(i)(B) be
revised by adding to the end: ``Subject to the foregoing constraint, a
detergent additive product sold under a particular additive
registration may contain a higher concentration of a detergent-active
component(s) than the concentration(s) of such component(s) reported in
the registration for the additive.'' CMA requested these revisions to
make it clear that an additive manufacturer has the flexibility to
increase the concentration of a detergent-active component of a deposit
control additive provided that this does not result in a decrease in
the concentration of other detergent-active components in the additive
package.
EPA agrees that the suggested revision would appropriately clarify
that an additive manufacturer has the flexibility to increase the
concentration of a detergent-active component. The suggested revision
would not adversely affect the environmental benefits of the
[[Page 55887]]
program, since the requirement would remain that each detergent-active
component in the additive package must be present at least at the
minimum concentration indicated in the additive's certification.
Consequently, EPA is making the suggested revision to 40 CFR
80.162(a)(3)(i)(B).
Revisions to 40 CFR 80.162(a)(3)(ii):
The current requirements in 40 CFR 80.162(a)(3)(ii) state that:
(ii) The identity or concentration of non-detergent-active
components of the detergent additive package may vary under a single
registration, provided that the range of such variation is specified in
the registration and that such variability does not reduce the deposit
control effectiveness of the additive package as compared with the
level of effectiveness demonstrated during certification testing.
EPA's goal in establishing this requirement in its current form was
to ensure that the effectiveness of deposit control additives is not
adversely affected by variability in the composition of non-detergent-
active components.
CMA requested that 40 CFR 80.162(a)(3)(ii) be revised by deleting:
``the range of such variation is specified in the registration and
that.'' CMA stated that there is no need to report the range of
variation in the identity or concentration of non-detergent-active
components since such variation does not affect the efficacy of the
deposit control additive package. CMA further stated that additive
manufacturers commonly switch the nondetergent-active components they
use depending on market conditions. CMA stated that restricting this
flexibility would increase manufacturing costs, and potentially cause
supply problems.
EPA agrees that maximizing additive manufacturer flexibility in the
choice of non-detergent-active components would reduce the burden of
compliance on additive manufacturers and would not jeopardize the
emissions benefits of the gasoline deposit control additive program.
Differences in the composition and concentration of non-detergent-
additive components would have no impact on the efficacy of the deposit
control additive package provided that such differences do not affect
the concentration of detergent-active components in the package. There
would continue to be adequate regulatory requirements to prevent such
an occurrence. Thus, the change would not affect the environmental
benefits of the gasoline deposit control program. Consequently, EPA is
making the suggested revision to 40 CFR 80.162(a)(3)(ii).
B. Revisions to the Requirements on the Additive Composition Test
Results
Revisions to 40 CFR 80.162(d):
The current requirements in 40 CFR 80.162 state that:
Sec. 80.162 Additive compositional data.
For a detergent additive product to be eligible for use by
detergent blenders in complying with the gasoline detergency
requirements of this subpart, the compositional data to be supplied to
EPA by the additive manufacturer for the purpose of registering a
detergent additive package under Sec. 79.21(a) of this chapter must
include* * *.
* * * * *
(d) Description of an FTIR-based method appropriate for identifying
the detergent additive package and its detergent-active components
(polymers, carrier oils, and others) both qualitatively and
quantitatively, together with the actual infrared spectra of the
detergent additive package and each detergent-active component obtained
by this test method.
EPA's goal in establishing this requirement in its current form was
to ensure that the test method supplied by the additive manufacturer to
evaluate the composition of a deposit control additive is sufficiently
detailed to enable EPA to determine whether the appropriate detergent-
active components are present at a concentration no less than the
minimum concentration reported in the additive's certification.
CMA requested that 40 CFR 80.162(d) be revised by adding to the
end: ``The FTIR infrared spectra submitted in connection with the
registration of a detergent additive package must reflect the results
of a test conducted on a sample of the additive containing the
detergent-active component(s) at a concentration no lower than the
concentration(s) (or the lower bound of a range of concentration)
reported in the registration pursuant to paragraph (a)(3)(i)(B) of this
section.'' CMA stated that this addition would help to clarify the
criteria EPA would use in evaluating the validity of the additive
composition test data supplied at certification by explicitly stating
the focus is identifying the detergent-active components in the deposit
control additive package. CMA stated that this change is consistent
with the change discussed in the previous section which would eliminate
reporting requirements regarding variability in the composition and
concentration of non-detergent-active components in the deposit control
additive package.
EPA agrees that this change would serve to clarify the regulatory
requirements and is consistent with the change discussed in the
previous section regarding reporting requirements related to the
nondetergent-active components of the deposit control additive package.
Consequently, EPA is making the suggested revision to 40 CFR 80.162(d).
C. Revisions to the Requirements on Detergent Manufacturer Presumptive
Liability Affirmative Defense
Revisions to 40 CFR 80.169(c)(4)(i)(C)(2)
The current requirements in 40 CFR 80.169(c)(4)(i)(C)(2) state
that:
(2) To establish that, when it left the manufacturer's control, the
detergent component of the noncomplying product was in conformity with
the chemical composition and concentration specifications reported
pursuant to Sec. 80.161(b), the FTIR test results for the detergent
batch used in the noncomplying product must, in EPA's judgment, be
consistent with the FTIR results submitted at the time of registration
pursuant to Sec. 80.162(d).
EPA's goal in establishing this requirement in its current form was
to ensure that the in-use composition of the detergent-active
components in a deposit control additive package is consistent with the
composition reported in the additive's certification.
CMA requested that 40 CFR 80.169(c)(4)(i)(C)(2) be revised by
deleting: ``in EPA's judgment.'' CMA stated that this phrase
inappropriately suggests that EPA's evaluation of the additive
composition test data could be based on subjective criteria not open to
public review. EPA agrees that the evaluation of additive composition
test data must be based on objective scientific and engineering
criteria that are open to public evaluation. Therefore, EPA is making
the suggested revision to 40 CFR 80.169(c)(4)(i)(C)(2) to eliminate the
potential misunderstanding.
III. What Are the Economic and Environmental Impacts?
The revisions made by today's notice will reduce the burden of
compliance with the gasoline deposit control additive program while not
impacting the environmental benefits of the program.
IV. Administrative Requirements
A. Administrative Designation
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency
[[Page 55888]]
must determine whether this regulatory action is ``significant'' and
therefore subject to OMB review and the requirements of the Executive
Order. The Order defines a ``significant regulatory action'' as one
that is likely to result in a rule that may:
(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 or
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
the Executive Order.
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.
B. Regulatory Flexibility
EPA determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with this final rule. Today's final
rule will not have a significant impact on a substantial number of
small entities. Today's rule simplifies the requirements for additive
manufacturers under the gasoline deposit control program and does not
impose any significant new requirements. The regulatory changes in
today's rule will reduce the burden of compliance for all affected
parties.
C. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under sections 202 and 205 of the
UMRA, EPA generally must prepare a written statement to accompany any
proposed and final rule that includes a federal mandate that may result
in expenditures by state, local, and tribal governments in the
aggregate, or by the private sector, of $100 million or more for any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation of why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
Today's rule contains no federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, or tribal
governments. The rule imposes no enforceable duties on any of these
governmental entities. Nothing in the regulatory provisions in this
direct final rule would significantly or uniquely affect small
governments. EPA has determined that this rule does not contain a
federal mandate that may result in expenditures of $100 million or more
in any one year for State, local, and tribal governments in the
aggregate, or the private sector in any one year. The amendments
contained in this final rule simplify the requirements under the
gasoline deposit control program, and do not impose any significant new
requirements.
D. Compliance With the Paperwork Reduction Act
Today's direct final rule does not impose any new information
collection burden. No new information collection requirements would
result from the implementation of the provisions which are the subject
of this action.
The Office of Management and Budget (OMB) has previously approved
the information collection requirements of the EPA's Gasoline Deposit
Control Additive Program contained in 40 CFR Part 80 under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
has assigned OMB control number 2060-0275 (EPA ICR No. 1655.04).
Today's rule does not result in a change in the requirements contained
in this ICR.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
Copies of the ICR documents may be obtained from Sandy Farmer,
Information Policy Branch; EPA; 401 M St., SW. (mail code 2136);
Washington, DC 20460 or by calling (202) 260-2740. Include the ICR and/
or OMB number in any correspondence.
E. Compliance With Executive Order 13045
This direct final rule is not subject to Executive Order 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.
F. Consultation and Coordination With Indian Tribal Governments
On January 1, 2001, Executive Order 13084 was superseded by DO
13175. However this rule was developed during the period when Executive
Order 13084 was still in force, and so tribal considerations were
addressed under Executive Order 13084. In the ``Proposed Rules''
section of today's Federal Register publication, we are publishing a
separate document that will serve as the proposal to make these
regulatory revisions if adverse comments are filed. This proposed rule
was also developed during the period when Executive Order 13084 was
still in force, and so tribal considerations were addressed under
Executive Order 13084. In the event that adverse comments are received
on this proposal, we will address any such comments received in a
subsequent final rule based on the proposed rule. Development of such a
subsequent final rule will address tribal considerations under
Executive Order 13175.
Under Executive Order 13084, EPA may not issue a regulation that is
not
[[Page 55889]]
required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If the mandate is unfunded,
EPA must provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected and other representatives of
Indian tribal governments ``to provide meaningful and timely input in
the development of regulatory policies on matters that significantly or
uniquely affect their communities.''
This rule does not significantly or uniquely affect the communities
of Indian tribal governments. As noted above, this direct final rule
makes minor technical changes to federal regulations that will be
implemented at the federal level and affects only obligations on
private industry. Accordingly, the requirements of Executive Order
13084 do not apply to this rule.
G. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, Section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless doing so would be inconsistent with
applicable law or would be otherwise impractical. Voluntary consensus
standards are technical standards (e.g., materials specifications, test
methods, sampling procedures, and business practices) that are
developed or adopted by voluntary consensus standards bodies. NTTAA
directs EPA to provide Congress, through OMB, explanations when the
Agency decides not to use available and applicable voluntary consensus
standards. This direct final rule does not involve technical standards.
Therefore, EPA did not consider the use of any voluntary consensus
standards.
H. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness 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 February 4, 2002.
I. Executive Order 13211 (Energy Effects)
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a
significant regulatory action under Executive Order 12866.
J. Executive Order 13132 (Federalism)
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This rule does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. Section 211(d)(4)(A) of the CAA
prohibits States from prescribing or attempting to enforce controls or
prohibitions respecting any fuel characteristic or component if EPA has
prescribed a control or prohibition applicable to such fuel
characteristic or component under Section 211(c)(1) of the Act. This
rule merely modifies existing EPA detergent additive standards and
therefore will merely continue an existing preemption of State and
local law. Thus, Executive Order 13132 does not apply to this rule.
VI. Statutory Authority
The promulgation of these regulations is authorized by sections
114, 211 and 301(a) of the Clean Air Act as amended (42 U.S.C. 7414,
7545, and 7601(a)).
List of Subjects in 40 CFR Part 80
Environmental protection, Fuel additives, Gasoline deposit control
(detergent) additives, Gasoline, Motor vehicle pollution, Penalties,
Reporting and recordkeeping requirements.
Dated: October 24, 2001.
Christine Todd Whitman,
Administrator.
For the reasons set forth in the preamble, part 80 of title 40 of
the Code of Federal Regulations is to be amended as follows:
PART 80--[AMENDED]
1. The authority citation for part 80 continues to read as follows:
Authority: 42 U.S.C. 7414, 7545, and 7601(a).
2. Section 80.162 is amended:
a. By revising paragraph (a)(3)(i)(B).
b. By revising paragraph (a)(3)(ii).
c. By revising paragraph (d).
The revisions to Sec. 80.162 read as follows:
Sec. 80.162 Additive compositional data.
* * * * *
(a) * * *
(3) * * *
(i) * * *
(B) Include a range of concentration for any detergent-active
component such that, if the component were present in the detergent
additive package at the lower bound of the reported range, the deposit
control effectiveness of the additive package would be reduced as
compared with the level of effectiveness demonstrated during
certification testing. Subject to the foregoing constraint, a detergent
additive product sold under a particular additive registration may
contain a higher concentration of the detergent-active component(s)
than the concentration(s) of such component(s) reported in the
registration for the additive.
(ii) The identity or concentration of non-detergent-active
components of the detergent additive package may vary under a single
registration provided that such variability does not reduce the deposit
control effectiveness of the additive package as compared with the
level of effectiveness demonstrated during certification testing.
(b) * * *
(c) * * *
(d) Description of an FTIR-based method appropriate for identifying
the
[[Page 55890]]
detergent additive package and its detergent-active components
(polymers, carrier oils, and others) both qualitatively and
quantitatively, together with the actual infrared spectra of the
detergent additive package and each detergent-active component obtained
by this test method. The FTIR infrared spectra submitted in connection
with the registration of a detergent additive package must reflect the
results of a test conducted on a sample of the additive containing the
detergent-active component(s) at a concentration no lower than the
concentration(s) (or the lower bound of a range of concentration)
reported in the registration pursuant to paragraph (a)(3)(i)(B) of this
section.
* * * * *
3. Section 80.169 is amended by revising paragraph (c)(4)(i)(C)(2)
to read as follows:
Sec. 80.169 Liability for violations of the detergent certification
program controls and prohibitions.
* * * * *
(c) * * *
(4) * * *
(i) * * *
(C) * * *
(2) To establish that, when it left the manufacturer's control, the
detergent component of the noncomplying product was in conformity with
the chemical composition and concentration specifications reported
pursuant to Sec. 80.161(b), the FTIR test results for the detergent
batch used in the noncomplying product must be consistent with the FTIR
results submitted at the time of registration pursuant to
Sec. 80.162(d).
* * * * *
[FR Doc. 01-27588 Filed 11-2-01; 8:45 am]
BILLING CODE 6560-50-P