[Federal Register Volume 71, Number 84 (Tuesday, May 2, 2006)]
[Notices]
[Pages 25840-25841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4112]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8164-2]
Platinum GaSaver; Final Cancellation Order for a Fuel Additive
Registration for Failure to Submit Test Data
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final Cancellation Order for a Fuel Additive Registration.
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SUMMARY: The regulations for Registration of Fuels and Fuel Additives,
were promulgated under the authority of sections 211(a), (b) and (e) of
the Clean Air Act, as amended. These regulations require the
registration by EPA of certain motor-vehicle fuels and fuel additives.
In certain cases, the manufacturer of a registered product is required
to conduct research and submit various health-effects data to EPA
within prescribed time frames. Under section 211(e) of the Clean Air
Act, EPA may cancel the registration of any fuel or fuel additive for
which the registrant has failed to submit the applicable test reports
within the prescribed period. Administrative procedures are afforded
and EPA may not cancel the registration for an existing fuel or
additive without affording the registrant/manufacturer notice,
opportunity to submit the requisite test data, and opportunity for a
hearing. This order cancels the registration of the Platinum GaSaver
fuel additive for nonsubmittal of applicable test data.
DATES: This final cancellation order is effective May 8, 2006.
FOR FURTHER INFORMATION CONTACT: James W. Caldwell, Office of
Transportation and Air Quality, Mail Code 6406J, Environmental
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460;
telephone number: (202) 343-9303; fax number: (202) 343-2801; e-mail
address: [email protected]
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply To Me?
The National Fuelsaver Corporation, the manufacturer and an EPA
registrant of the fuel additive known as Platinum GaSaver, may be
potentially affected by this notice. This action is also directed to
the public in general. Although this action may be of particular
interest to persons who manufacture and use various fuel additives, the
EPA has not attempted to describe all the specific entities that may be
affected by this action.
B. How Can I Get Copies of This Document or Other Related Information?
1. This information is available from the person in the FOR FURTHER
INFORMATION CONTACT section above.
2. Electronically.
You may obtain electronic copies of this Federal Register document
electronically from the EPA Internet Home page under the Federal
Register listings at http://www.epa.gov/fedrgstr/.
II. What Action Is the Agency Taking?
Section 211(a) of the Clean Air Act (CAA or Act), authorizes the
Administrator of the Environmental Protection Agency (EPA or Agency),
to designate and require the registration of fuels and fuel additives
(F/FAs) prior to sale or introduction into commerce. The EPA has
designated gasoline and diesel F/FAs used in motor vehicles or motor
vehicle engines for registration prior to sale or introduction into
commerce. (See 40 CFR part 79 (1974).) Section 211(e)(1) mandates that
EPA promulgate regulations requiring manufacturers of F/FAs ``to
conduct tests to determine potential public health effects of such F/
FAs,'' and to furnish other ``reasonable and necessary'' information
that identifies F/FAs emissions, and their effects on public health and
welfare and vehicular emission control performance, as required by
section 211(b)(2). Health effects tests are to be conducted according
to procedures and protocols established by the Administrator. Further,
section 211(e)(2) establishes a time limit by which manufacturers must
comply with such test requirements. Additionally, under section
211(e)(3), EPA may exempt or make special exceptions for small
businesses.
In 1994, EPA promulgated regulations implementing sections
211(b)(2) and (e), which established additional registration
requirements to those promulgated in 1974. (See 40 CFR part 79 (1994).)
These regulations require certain manufacturers of F/FAs,as part of
their registration responsibilities, to conduct health-effects tests on
their products, and submit the information to EPA within certain
prescribed time periods. Test requirements are organized into three
tiers known as Tier 1, 2 and 3. Tier 1 requires analysis of the
combustion and evaporative emissions of F/FAs and a survey of existing
scientific information on the public health and welfare effects of
these emissions. Tier 2 requires manufacturers to conduct specified
toxicology tests to screen for potential adverse health effects of the
F/FAs' emissions. Additional testing may be required under Tier 3 at
EPA's discretion. With regard to those F/FAs registered at the time of
promulgation of the regulations, the requisite Tier 1 and Tier 2
information was required to be submitted by May 27, 1997 and May 27,
2000, respectively. (See 40 CFR 79.51(c)(1).) With regard to all new F/
FAs, i.e., F/FAs not registered at the time of our promulgation of the
regulations and F/FAs that cannot be enrolled in the same testing group
as F/FAs that were already registered, the applicable public health-
effects testing data were to be submitted prior to registration. (See
40 CFR 79.51(c)(2) and (c)(3).)
The rule also makes special provisions for small manufacturers of
F/FAs as determined by certain financial factors, and grants them
exemptions from certain test requirements. (See 40 CFR 79.58(d).) Small
F/FAs manufacturers of F/FAs are manufacturers with either total annual
sales of less than $50 million for baseline/non-baseline F/FAs or total
annual sales of less than $10 million for atypical F/FAs. (See 40 CFR
79.58(d).) Small manufacturers of baseline/non-baseline F/FAs are
exempt from both Tier 1 and 2 requirements, while small manufacturers
of atypical F/FAs are required to comply with the basic registration
and Tier 1 requirements, but are otherwise exempt from Tier 2 test
requirements. (See 40 CFR 79.58(2) and (3).) Small manufacturers must
submit the applicable test data to EPA within the prescribed period
described above.
Additionally, the rule allows for the cancellation of any F/FA
registration upon the Administrator's determination of failure to
timely submit the requisite test data by a manufacturer. (See 40 CFR
79.51(f)(6).) In general, the Agency must issue a notice of intent to
cancel that affords such a manufacturer an opportunity to comply with
the applicable requirement, submit written comments, or request a
hearing on the notice of intent to cancel.
On February 23, 1990 the Agency registered Platinum GaSaver, an
atypical fuel additive manufactured by the National Fuelsaver
Corporation. On May 27, 1997 the Tier 1 health-effects testing report
(Tier 1 Report) for Platinum GaSaver became due. (See 40 CFR
79.51(c)(1)(vi)(A).) On December 2, 2004
[[Page 25841]]
EPA notified the National Fuelsaver Corporation of its obligation to
submit the Tier 1 report. On August 1, 2005 the Agency issued a notice
of intent to cancel the registration of Platinum GaSaver to the
National Fuelsaver Corporation, along with instructions for responding
(Notice). The Notice stated that the Tier 1 report was necessary in
order for the National Fuelsaver Corporation to maintain the
registration of Platinum GaSaver. The Notice also provided 60 days from
its receipt to submit written comments and/or the Tier 1 report, or to
request an informal hearing.
The National Fuelsaver Corporation objected to the Notice, in a
response dated September 19, 2005, and reiterated its posture that
Platinum GaSaver is not a fuel additive under 40 CFR part 79. The
National Fuelsaver Corporation further maintained that the registration
of Platinum GaSaver was based on its fulfilment of the terms and
conditions of various correspondence between the Agency and its
attorney in 1989, instead of the requirements under 40 CFR part 79.
Additionally, the National Fuelsaver Corporation maintained that none
of the terms and conditions of these letters allowed for cancellation
of the registration for Platinum GaSaver.
While the EPA accepted submission of the registration documentation
by the National Fuelsaver Corporation on the condition that their
submission would not constitute an admission by the National Fuelsaver
Corporation that Platinum GaSaver is a fuel additive, as contemplated
by 40 CFR part 79, there is nothing, in either the referenced letters,
or elsewhere, indicating that EPA either waived or limited its
authority under 40 CFR part 79. Similarly, there is also nothing in
either these letters, or elsewhere, indicating that EPA either waived
or limited the National Fuelsaver Corporation's obligations under 40
CFR part 79.
The Agency registered Platinum GaSaver as a fuel additive under
sections 211(a), (b) and (e) of the Act, and the applicable
requirements that are set forth at 40 CFR part 79. The National
Fuelsaver Corporation was required to submit a Tier 1 Report for
Platinum GaSaver by May 27, 1997 as a condition for maintaining this
registration. To date the National Fuelsaver Corporation has yet to
comply with this requirement.
This is a final cancellation order of the Agency's registration of
Platinum GaSaver. A copy of this order has been sent to the National
Fuelsaver Corporation through certified mail in the past several days.
The cancellation order will become effective five days after
publication in the Federal Register.
III. Description of a Fuel Additive Registration Canceled for
Nonsubmittal of a Tier 1 Test Report by May 27, 1997
Product Name: Platinum GaSaver (also know as the Pollution
Cleaner, and also known as the Platinum Vapor Injector).
Manufacturer: National Fuelsaver Corporation, 227 California
Street, Newton, MA 02458-1047.
List of Subjects
Environmental protection, Fuels, Fuels additives, Registration,
Reporting requirements.
Dated: April 24, 2006.
Margo Tsirigotis Oge,
Director, Office of Transportation and Air Quality.
[FR Doc. 06-4112 Filed 5-1-06; 8:45 am]
BILLING CODE 6560-50-P