[Federal Register Volume 67, Number 165 (Monday, August 26, 2002)]
[Notices]
[Pages 54804-54805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21675]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7268-3]


Final Notification of Alternative Tier 2 Requirements for 
PuriNOX Diesel Fuel

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The purpose of this notice is to announce that the EPA has 
notified the Lubrizol Corporation (Lubrizol), manufacturer of a motor-
vehicle diesel fuel known as PuriNOX, of Alternative Tier 2 
health-effects testing requirements for PuriNOX Generation 2 
Winter Diesel Fuel Emulsion (Winter PuriNOX) under the fuel 
and fuel additive registration testing requirements. EPA has also 
concluded that testing performed by Lubrizol on

[[Page 54805]]

Winter PuriNOX and a warm-climate PuriNOX will be 
sufficient to cover intermediate versions of PuriNOX.

DATES: The Alternative Tier 2 testing requirements for Winter 
PuriNOX are effective upon receipt by Lubrizol of the 
notification letter discussed in this notice.

ADDRESSES: A copy of the notification to Lubrizol has been placed in 
Public Docket No. A-2002-07, Waterside Mall (Room M-1500), 
Environmental Protection Agency, Air Docket Section, 401 M Street, SW., 
Washington, DC 20460-0001. Relevant materials have been placed in this 
docket. It may be inspected from 8:00 a.m. to 5:30 p.m., Monday through 
Friday. A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: James W. Caldwell, Environmental 
Engineer, U.S. Environmental Protection Agency, Office of 
Transportation and Air Quality, Mail Code 6406J, 1200 Pennsylvania 
Avenue, NW, Washington, DC 20460-0001, (202) 564-9303, fax (202) 565-
2085, [email protected].

SUPPLEMENTARY INFORMATION: Regulated Entity. The entity regulated by 
this action is Lubrizol.

I. Introduction

    Pursuant to sections 211(b)(2) and 211(e) of the Clean Air Act 
(CAA) EPA promulgated regulations requiring manufacturers of designated 
fuels and fuel additives (F/FA) to conduct tests to determine the 
potential health effects of the F/FA emissions. The final rule, 
promulgated May 27, 1994, established new health-effects testing 
requirements for the registration of designated F/FAs (59 FR 33042).
    The registration requirements are organized within a three-tier 
structure. Tier 1 requires F/FA manufacturers to supply to EPA (1) the 
identity and concentration of certain emission products, 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/FA subject to the testing requirements 
be tested for subchronic systemic and organic toxicity, as well as the 
assessment of specific health-effect 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 the emissions from a F/
FA. 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).
    At its discretion, EPA may modify the standard Tier 2 health-
effects testing requirements for a F/FA (or group thereof) by 
substituting, adding, or deleting testing requirements, or changing the 
underlying vehicle/engine specifications. 40 CFR 79.58(c). EPA will 
not, however, delete a testing requirement for a specific end point in 
the absence of existing adequate information, or an alternative testing 
requirement for that endpoint. 40 CFR 79.58(c).

II. Proposed Alternative Tier 2 Requirements for PuriNOX

    On May 3, 2002 EPA notified Lubrizol of proposed Alternative Tier 2 
testing requirements under 40 CFR 79.58(c) for Lubrizol's Winter 
PuriNOX formulation. The proposed Alternative Tier 2 testing 
requirements were identical to the standard Tier 2 requirements with 
the exception that the test fuel would be the Winter PuriNOX 
formulation, consisting of 74% diesel fuel, 16.8% water, 5.7% methanol, 
and 3.5% PuriNOX Generation 2 Additive Package. Under the 
standard Tier 2 requirements the water and methanol would have been 
tested separately in diesel fuel. EPA believed that, since such 
separate formulations would never occur in the production of Winter 
PuriNOX, testing of the proposed test fuel, which 
corresponds with its commercial composition, would produce more 
meaningful health-effects testing results.
    Lubrizol has already conducted standard Tier 2 testing on a warm-
climate PuriNOX formulation, consisting of 77% diesel fuel, 
20% water, and 3% PuriNOX 1121A Additive Package. EPA also 
proposed that this testing, in conjunction with the Alternative Tier 2 
testing for Winter PuriNOX, would be sufficient to meet the 
Tier 2 requirements for intermediate PuriNOX combinations of 
diesel fuel, water, methanol, and additive package.\1\ An associated 
Federal Register notice (67 FR 35808, May 21, 2002) initiated a 30-day 
public comment period. Only one comment was received, and it did not 
address either proposal. The EPA has concluded that both proposals will 
be finalized without change, and has notified Lubrizol by letter. A 
copy of the letter has been placed in the docket referenced above.
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    \1\ Thus, if the Winter PuriNOX Alternative Tier 2 
testing is successfully completed, the Tier 2 health effects testing 
requirements would be met for PuriNOX formulations 
consisting of 100%-74% diesel fuel, 0%-20%water, 0%-5.7% methanol, 
0%-3.5% PuriNOX Generation 2 Additive, or 0%-3% 
PuriNOX 1121A.
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III. Environmental Impact

    This action will result in no immediate environmental impact, but 
may provide a basis for further regulatory action, should the collected 
data indicate that there may be a risk to public health or welfare.

IV. Economic Impact

    This action will reduce the testing expense for Lubrizol by 
reducing the number of test fuels. Since this applies only to Lubrizol, 
which is not a small entity, there is no economic impact on small 
entities.

List of Subjects in 40 CFR Part 79

    Environmental protection, Air pollution control, Diesel fuel, and 
Motor vehicle pollution.

    Dated: August 19, 2002.
Robert Brenner,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. 02-21675 Filed 8-23-02; 8:45 am]
BILLING CODE 6560-50-P