[Federal Register Volume 71, Number 63 (Monday, April 3, 2006)]
[Proposed Rules]
[Pages 16535-16541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3132]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[EPA-OAR-2005-0048; FRL-8051-9]
RIN 2060-AM42
Regulation of Fuel and Fuel Additives: Gasoline and Diesel Fuel
Test Methods
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Proposed Rulemaking
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
allow refiners and laboratories to use more current and improved fuel
testing procedures for five American Society for Testing and Materials
(ASTM) analytical test methods. Once these test method changes are
adopted, they will supersede the corresponding earlier versions of
these test methods in EPA's motor vehicle fuel regulations. EPA is also
proposing to take action to change the designated test method for
sulfur in butane. EPA is proposing to replace an approved ASTM
Committee D.16 sulfur test method with the ASTM Committee D.02 version
of the test method for gasoline and diesel fuel, and proposing to allow
an additional ASTM test method for sulfur in gasoline. EPA is also
proposing to remove a September 1, 2004 sunset provision for two
alternative ASTM test methods for gasoline. Finally, EPA is proposing
to add a new section to the motor vehicle fuels regulations. This new
section would reference the rounding method in an ASTM standard
practice as the procedure to follow for rounding a test result when
determining compliance with EPA's motor vehicle fuels standards listed
in the regulations. In the Rules and Regulations section of this
Federal Register, we are taking direct final rule action on the
proposed amendments because we view these amendments as
noncontroversial and anticipate no adverse comments. We have explained
our reasons for the amendments in the preamble to the direct final
rule.
DATES: Comments or a request for a public hearing must be received on
or before May 3, 2006.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2005-0048, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected]
Fax: (202) 566-1741
Mail: ``EPA-HQ-OAR-2005-0048, Environmental Protection
Agency, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC
20460.''
Hand Delivery: EPA/DC, EPA West, Room B102, 1301
Constitution Ave., NW., Washington, DC. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2005-0048. EPA's policy is that all comments will be included in the
public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-
mail. The http://www.regulations.gov Web site is an ``Aanonymous
access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through http://www.regulations.gov your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional instructions on submitting comments, go to Unit
1.B of the SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air Docket, EPA/
DC, EPA West,
[[Page 16536]]
Room B102, 1301 Constitution Ave., NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding holidays. The Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding holidays. The
telephone number for the Public Reading Room is (202) 566-1744, and the
telephone number for the Air Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Joe Sopata, Chemist, Transportation
and Regional Programs Division, Office of Transportation and Air
Quality (6406J), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460; telephone number: (202) 343-9034; fax
number: (202) 343-2801; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION: The contents of today's preamble are listed
in the following outline.
I. General Information
A. Does This Action Apply to Me?
B. What Should I Consider as I Prepare My Comments for EPA?
II. Proposed Rule Changes
A. Updating ASTM Test Methods to Their Most Recent Version
B. Replacing ASTM D 6428-99 With ASTM D 6920-03
C. Test Method for Sulfur in Butane
D. Additional Alternative Test Method for Sulfur in Gasoline
E. Removal of Sunset Provision for Alternative Test Methods
F. Using Rounding When Determining Conformance With a Fuels
Standard
III. Administrative Requirements
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
VI. Statutory Provisions and Legal Authority
I. General Information
A. Does This Action Apply to Me?
Regulated categories and entities potentially affected by this
proposed action include those involved with the production,
importation, distribution, sale and storage of gasoline motor fuel and
diesel motor fuel.
The table below is not intended to be exhaustive, but rather
provides a guide for readers regarding entities likely to be regulated
by this proposed action. This table lists the types of entities that
EPA is now aware could be potentially regulated by this proposed
action. Other types of entities not listed in the table could also be
regulated. To determine whether an entity is regulated by this proposed
action, one should carefully examine the existing regulations in 40 CFR
part 80. If you have questions regarding the applicability of this
proposed action to a particular entity, consult the person listed in
the preceding FOR FURTHER INFORMATION CONTACT section.
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NAICS codes Examples of potentially regulated
Category \a\ SIC codes \b\ parties
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Industry................................... 324110 2911 Petroleum refiners.
Industry................................... 54138 8734 Testing Laboratories.
Industry................................... 422710, 422720 5171, 5172 Gasoline Marketers and
Distributors.
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\a\ North American Industry Classification System (NAICS).
\b\ Standard Industrial Classification (SIC) system code.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
EDOCKET, regulations.gov or e-mail. Clearly mark the part of all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
i. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions--The agency may ask you to respond to
specific questions or organize comments referencing a Code of Federal
Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Proposed Rule Changes
A. Updating ASTM Test Methods to Their Most Recent Version
Refiners, importers and oxygenate blenders producing gasoline and
diesel motor vehicle fuel are required to test reformulated gasoline
(RFG), conventional gasoline (CG) and diesel fuel for various fuel
parameters including sulfur, olefins, aromatics, and oxygenate content.
American Society for Testing and Materials (ASTM) test method D2622 is
currently a designated test method for measuring sulfur \1\ in
gasoline. ASTM test method D 3120 and ASTM D 5453 are currently
alternative test methods for measuring sulfur \2\ \3\ in gasoline. ASTM
test method D 1319 is currently a designated test method for measuring
olefins \4\ in gasoline and aromatics \5\ in diesel fuel and is also
allowed as an alternative test method for measuring aromatics \6\ in
gasoline.
[[Page 16537]]
ASTM test method D 4815 is currently an alternative test method for
measuring oxygenate content \7\ in gasoline.
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\1\ 40 CFR 80.46(a)(1).
\2\ 40 CFR 80.46(a)(3)(iii).
\3\ 40 CFR 80.46(a)(3)(i).
\4\ 40 CFR 80.46(b).
\5\ 40 CFR 80.2(z).
\6\ 40 CFR 80.46(f)(3).
\7\ 40 CFR 80.46(g)(2).
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The American Petroleum Institute (API) recommended in a letter to
EPA that EPA update the ASTM test methods mentioned above to their most
recent ASTM version.\8\ API asked EPA to refer to the 2003 year version
of ASTM test method D 2622 in all references involving gasoline and
diesel fuels because this version of ASTM D 2622 includes an updated
precision statement as determined in a recent ASTM sulfur round robin.
API also recommended EPA adopt in the motor vehicle fuels regulations
the 2003a version of ASTM 3120, the 2003a version of ASTM D 5453, the
2003 version of ASTM D1319, and the 2003 year version of ASTM D 4815.
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\8\ See Air Docket EPA-HQ-OAR-2005-0048-0002.
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Table 1 lists the designated analytical test methods and
alternative analytical test methods which are being proposed to be
updated for parameters measured under RFG, CG, and diesel fuels program
in today's action. The Agency has reviewed these updated ASTM test
methods and we are in agreement with the revisions contained in them
which will result in improvements in the utilization of these test
methods for the regulated industry. We believe that the revisions in
the test method changes in today's proposed action are not significant
changes that would cause a user of an older version of the same method
to incur significant costs. All of the revisions were deemed necessary
by ASTM so that improvements in the test method's procedures would
ensure better operation for the user of the test method. Thus, EPA is
proposing today to update the regulations for the following ASTM test
methods: (1) ASTM D 2622-03, the designated test method for measuring
sulfur in RFG, and CG, (2) ASTM D 3120-03a and ASTM D 5453-03a
alternative test methods for sulfur in gasoline, (3) ASTM D 1319-03,
designated test method for measuring olefins in gasoline and aromatics
in diesel fuel, as well as the alternative test method for measuring
aromatics in gasoline, and (4) ASTM 4815-03, alternative test method
for measuring oxygenate content in gasoline.
Table 1.--Designated and Alternative ASTM Analytical Test Methods Under
RFG, CG and Diesel Motor Vehicle Fuel Programs
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Fuel parameter ASTM analytical test method
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Sulfur (gasoline)...................... ASTM D 2622-03, entitled
``Standard Test Method for
Sulfur in Petroleum Products
by Wavelength Dispersive X-Ray
Fluorescence Spectrometry''.
Sulfur (gasoline)...................... ASTM D 5453-03a, entitled,
``Standard Test Method for
Determination of Total Sulfur
in Light Hydrocarbons, Motor
Fuels and Oils by Ultraviolet
Fluorescence''.
Sulfur (gasoline)...................... ASTM D 3120-03a, entitled,
``Standard Test Method for
Trace Quantities of Sulfur in
Light Petroleum Hydrocarbons
by Oxidative
Microcoulometry''.
Oxygen content (gasoline).............. ASTM D 4815-03, entitled
``Standard Test Method for
Determination of MTBE, ETBE,
TAME, DIPE, tertiary-Amyl
Alcohol and C1 to C4 Alcohols
in Gasoline by Gas
Chromatography''.
Olefins (gasoline)..................... ASTM D 1319-03, entitled
``Standard Test Method for
Hydrocarbon Types in Liquid
Petroleum Products by
Fluorescent Indicator
Adsorption''.
Aromatics (gasoline and diesel)........ ASTM D 1319-03, entitled,
``Standard Test Method for
Hydrocarbon Types in Liquid
Petroleum Products by
Fluorescent Indicator
Absorption'', for diesel fuel,
this method is the designated
test method, for gasoline,
this method is an alternative
test method and if used as an
alternative method, its
results, must be correlated to
ASTM D 5769-98.
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B. Replacing ASTM D 6428-99 With ASTM D 6920-03
Refiners, importers and oxygenate blenders producing gasoline and
diesel motor vehicle fuels are required to test RFG, CG and diesel fuel
for various fuel parameters including sulfur content. ASTM test method
D 6428-99 is currently the designated test method for measuring the
sulfur content of on-highway diesel fuel at the 15 ppm level\9\, an
alternative test method for measuring the sulfur content on-highway
diesel fuel at the 500 ppm level\10\, and an alternative test method
for measuring the sulfur content of gasoline.\11\
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\9\ 40 CFR 80.580(a)(2).
\10\ 40 CFR 80.580(a)(3)(ii).
\11\ 40 CFR 80.46(a)(3)(ii).
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ASTM D 6428-99 was developed by the ASTM D.16 Committee for
Aromatic Hydrocarbons and Related Chemicals. ASTM D 6428-99 does not
contain a precision statement in the test method for its use with
gasoline and diesel fuel. ASTM D.02, the Committee for Petroleum
Products and Lubricants, recently determined the precision for this
method with respect to gasoline and diesel fuels, and named the new
method containing the precision statement ASTM D 6920-03. Since ASTM D
6920-03 contains precision statements for the method as it applies to
gasoline and diesel, API requested that EPA refer to ASTM D 6920-03 in
all references with respect to gasoline and diesel fuel involving test
method ASTM D 6428-99.\12\ The Agency has evaluated API's request and
agrees that since ASTM D 6920-03 contains precision estimates for use
of the method with gasoline and diesel fuels, ASTM D 6920-03 is more
practical for use with our gasoline and diesel fuels programs compared
to ASTM D 6428-99. Thus, EPA is proposing to change the regulations by
replacing ASTM D 6428-99 with ASTM D 6920-03 for the alternative test
method for measuring the sulfur content of diesel fuel at the 500 ppm
level, and the alternative test method for measuring the sulfur content
of gasoline.
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\12\ See Air Docket EPA-HQ-OAR-2005-0048-0002.
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[[Page 16538]]
The regulations state that until December 27, 2004, for 15 ppm
diesel fuel, regulated parties may use ASTM D 6428-99, the designated
test method, or ASTM D 5453-03a or ASTM D 3120-03a, two alternative
test methods, provided the alternative test method results are
correlated to the designated test method. After December 27, 2004,
regulated parties measuring motor vehicle diesel fuel and fuel
additives subject to the 15 ppm diesel sulfur standard must qualify
their test method on a site specific basis under the precision and
accuracy criteria specified in the regulations at 40 CFR 80.584. Once
they have completed this testing, they must submit their precision and
accuracy results to the Agency for approval to use their test method as
specified in the regulations at 40 CFR 80.585. Thus, after December 27,
2004, regulated parties may only use test methods that have been
qualified on a site specific basis that meet the accuracy and precision
criteria specified in the regulations at 40 CFR 80.584 and that have
been approved under the process specified in the regulations at 40 CFR
80.585. The December 27, 2004, date, provided regulated parties 180
days of lead time to qualify their test methods for use at each site
for measuring 15 ppm sulfur diesel fuel. Since today's proposed rule
will be effective after December 27, 2004, the Agency is proposing to
revise the regulations by removing the now irrelevant designated and
alternative test method paragraphs that allow the use of ASTM D 6428-
99, ASTM D 5453-03a, and ASTM D 3120-03a for 15 ppm sulfur diesel fuel
(i.e., 40 CFR 80.580(b)(1) and 40 CFR 80.580(c)(1)). The regulations
will then only reflect the present situation that all test methods must
qualify under the precision and accuracy criteria in the regulations.
C. Test Method for Sulfur in Butane
Certain parties blend butane into gasoline which has already been
manufactured and certified under EPA regulations. Effective January 1,
2004, the parties that blend butane into already made gasoline were
required to test the butane for sulfur content.\13\ Currently, ASTM D
3246-96 is the designated test method for measuring the sulfur content
of butane.
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\13\ 40 CFR 80.46(a)(2).
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Recently, API said in a letter to EPA that ASTM D 6667 is more
readily available, more reliable, and a better test method than ASTM D
3246.\14\ Thus, API requested EPA to change the designated test method
for measuring sulfur in butane to ASTM D 6667-01, and to continue to
allow ASTM D 3246-96 as an alternative test method. EPA has evaluated
API's request on this test method issue and agrees. Thus, EPA is
proposing to change the regulations making ASTM D 6667-01 the
designated test method for measuring the sulfur content of butane.
Additionally, EPA proposes to continue to allow ASTM test method D
3246-96 as an alternative test method, provided its test results are
correlated to ASTM D 6667-01, the new designated test method for sulfur
in butane.
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\14\ See Air Docket EPA-HQ-QAR-2005-0048-0002.
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In the future, EPA intends to establish a performance-based test
method approach (PBTM) rule which would provide criteria for the
qualification of alternative test methods. Once a PBTM rule has been
established by the Agency, ASTM D 3246-96 may qualify under the PBTM
rule's criteria as an alternative test method.
D. Additional Alternative Test Method for Sulfur in Gasoline
Refiners, importers and oxygenate blenders producing gasoline and
diesel motor vehicle fuel are required to test RFG, CG and diesel fuel
for various fuel parameters including sulfur. Test methods for
determining sulfur content are specified in the regulation.
Recently, X-Ray Optical Systems, Incorporated (XOS[supreg])
requested in a letter to EPA that ASTM D 7039-04 be designated by EPA
as an alternative test method in the regulations for sulfur in
gasoline.\15\ EPA has evaluated XOS[supreg]'s request on this test
method issue and agrees. Thus, EPA is proposing to allow ASTM D 7039-04
as an alternative test method in the regulations for sulfur in
gasoline, provided that its results are correlated to ASTM D 2622. The
allowance of this additional alternative test method for sulfur in
gasoline will provide the regulated community additional flexibility in
meeting their testing requirements.
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\15\ See Air Docket EPA-HQ-OAR-2005-0048-0003.
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As stated above, EPA plans to establish a PBTM rule for the
qualification of alternative test methods. Once this PBTM rule is
effective, ASTM D 7039 may qualify as an alternative test method under
the PBTM's criteria.
E. Removal of Sunset Provision for Alternative Test Methods
As explained previously, ASTM D 1319 is an alternative test method
for measuring total aromatics in gasoline, and ASTM D 4815 is an
alternative test method for measuring oxygenates in gasoline. Both of
these alternative methods have sunset provisions under which their use
as an alternative test method expired on September 1, 2004. On June 16,
2004, EPA issued an enforcement discretion letter allowing the use of
these two alternative test methods until December 31, 2005, or until
such time that a rulemaking was promulgated by the Agency to continue
to allow the use of these two alternative test methods, whichever is
earlier.\16\
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\16\ See Air Docket EPA-HQ-QAR-2005-0048-0004.
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Recently, API requested in a letter that the sunset provisions for
these two alternative test methods be removed until a PBTM approach for
qualifying analytical test methods is promulgated by EPA.\17\ Since EPA
believes the use of these two alternative test methods has been
effective, we are proposing to continue to allow their use until the
PBTM rule mentioned previously is promulgated by the Agency. Once a
PBTM rule has been established, these two alternative test methods may
qualify under the PBTM rule's criteria. The proposed rule change that
is the subject of this notice would remove the current sunset provision
of September 1, 2004, for both ASTM D 1319 and ASTM D 4815 and allow
their use as alternative test methods until a PBTM rule is established
by the Agency.
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\17\ See Air Docket EPA-HQ-OAR-2005-0048-0005.
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F. Using Rounding When Determining Conformance With a Fuels Standard
Refiners, importers and oxygenate blenders producing gasoline and
diesel motor vehicle fuel are required to test RFG, CG and diesel fuel
for various fuel parameters to determine compliance with EPA's motor
vehicle fuels standards. These fuels standards are listed in the
regulations at 40 CFR part 80.
Each of EPA's motor vehicle fuel standards indicates the number of
significant digits which should be present in an observed measurement
number to be compared to the standard for the purpose of demonstrating
compliance. The appropriate number of significant digits to determine
compliance with a fuel standard regulation or to report on a reporting
form should be determined from the method outlined in section 3.1 of
the ASTM standard practice E 29-02[isin]1, entitled,
``Standard Practice for Using Significant Digits in Test Data to
Determine Conformance with Specifications''. Regulated parties
measuring a fuel parameter to determine compliance with a fuel standard
must
[[Page 16539]]
report their test result out to the number of significant digits
specified in the applicable fuel standard. However, a test method used
to measure a certain fuel parameter may provide more significant digits
in its output than specified in the standard. When this situation
occurs, the regulated party should round their test result to determine
if they are in compliance with the standard. The American Society for
Testing and Materials (ASTM) has developed the standard practice, ASTM
E 29-02[isin]1, for this situation. The rounding method
[isin]1 \18\ in this standard practice provides a procedure
for rounding a test result to the number of significant digits
specified in some standard. After using the rounding method specified
in ASTM E 29-02[isin]1, the regulated party may compare the
resulting number to the standard to determine whether they are in
compliance.
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\18\ The Rounding Method in ASTM E 29-02[isin]1
applies where it is the intent that a limited number of digits in an
observed value or calculated value are to be considered significant
for purposes of determining conformance to the number of figures
listed in a fuels standard. The rounded value should be compared to
the specified limit in the fuels standard, and conformance or non-
conformance with the specification in the fuels standard should be
based on this comparison.
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The Agency has reviewed the rounding method referenced in the
standard practice ASTM E 29-02[isin]1, and we are in
agreement with its use for this purpose. The Agency believes
referencing the Arounding'' method (as contrasted with the Aabsolute''
method) in this ASTM standard practice in EPA's regulations will help
to avoid confusion in the fuels distribution system. Therefore, EPA is
proposing to add a new section to the motor vehicle fuels regulations
at 40 CFR 80.9. This new section would reference the rounding method in
ASTM E 29-02[isin]1. The rounding method is the procedure to
follow for rounding a test result when determining compliance with
EPA's motor vehicle fuels standards listed at 40 CFR Part 80.
In the ``Final Rules'' section of today's Federal Register, we are
publishing a direct final rule that matches the substance of this
proposed rule. If the Agency receives adverse comment or a request for
public hearing by May 3, 2006, we will withdraw the direct final rule
by publishing a timely withdrawal notice in the Federal Register. If
the Agency receives no adverse comment or a request for public hearing
by May 3, 2006, these test method changes will be effective sixty (60)
days after publication of the final rule in the Federal Register. We
are confident that sixty(60) days is sufficient lead time for industry
to become familiar and implement these ASTM test methods for the
applications mentioned above.
III. Administrative Requirements
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866, (58 FR 51735 (October 4, 1993)) the
Agency must determine whether the regulatory action 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:
(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.''
It has been 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. Paperwork Reduction Act
This proposed rule does not impose any new information collection
burden. However, the Office of Management and Budget (OMB), under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., has
approved the information collection requirements contained in the final
RFG and anti-dumping rulemaking and gasoline sulfur control rulemaking,
and has assigned OMB control number 2060-0277, EPA ICR number 1591.14.
OMB, under the provisions of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq., has also approved the information collection requirements
contained in the final Tax Exempt (Dyed) Highway Diesel Fuel
rulemaking, and has assigned OMB control number 2060-0308, EPA ICR
number 1718.03. Copies of the OMB approved Information Collection
Requests (ICR) may be obtained from Susan Auby, Collection Strategies
Division; U.S. Environmental Protection Agency (2822T); 1200
Pennsylvania Ave., NW., Washington, DC 20460 or by calling (202) 566-
1672.
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.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.
C. Regulatory Flexibility Act (RFA)
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts of today's proposed rule on
small entities, small entity is defined as: (1) A small business as
defined by the Small Business Administrations' regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impacts of today's proposed rule on
small entities, I certify that this action would not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory
[[Page 16540]]
alternatives ``which minimize any significant economic impact of the
rule on small entities.'' 5 U.S.C. 603 and 604. Thus, an agency may
conclude that a rule will not have a significant economic impact on a
substantial number of small entities if the rule relieves regulatory
burden, or otherwise has a positive economic effect on all of the small
entities subject to the rule.
All of the test method updates in today's proposed action will
improve the performance and/or utilization by industry of the test
methods. For the two alternative test methods, ASTM D 1319 and ASTM D
4815, today's action will continue to provide flexibility to the
regulated community. The allowance of ASTM D 7039-04 will provide
additional flexibility to the regulated community in meeting sulfur in
gasoline testing requirements. Referencing the rounding method in ASTM
E 29-02[isin]\1\ provides consistent guidance for the regulated
community when determining whether a test result is in conformance with
our motor vehicle fuels standards. Finally, for the measurement of
sulfur in butane, today's action will provide industry with a more
reliable, more readily available and better test method. We have
therefore concluded that today's proposed rule will relieve regulatory
burden for all small entities. We continue to be interested in the
potential impacts of this rule on small entities and welcome comments
on issues related to such impacts.
D. 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 section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to state, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in 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 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 proposed rule contains no Federal mandates (under the
regulatory provisions of Title II of the UMRA) for state, local or
tribal governments or the private sector. The proposed rule would
impose no enforceable duty on any state, local or tribal governments or
the private sector.
E. 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 proposed rule does not have federalism implications. It would
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. All of the test method updates
in today's action will improve the performance and/or utilization by
industry of the test methods. For the two alternative test methods,
ASTM D 1319 and ASTM D 4815, today's action will continue to provide
flexibility to the regulated community. The allowance of ASTM D 7039-04
will provide additional flexibility to the regulated community in
meeting sulfur in gasoline testing requirements. Referencing the
rounding method in ASTM E 29-[isin]\1\ provides consistent guidance for
the regulated community when determining whether a test result is in
conformance with our motor vehicle fuels standards. Finally, for the
measurement of sulfur in butane, today's action will provide industry
with a more reliable, more readily available and better test method.
Thus, Executive Order 13132 does not apply to this proposed rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' are defined in the Executive Order to include
regulations that have ``substantial direct effects on one or more
Indian tribes, on the relationship between the Federal government and
the Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes.''
This proposed rule does not have tribal implications. It will not
have substantial direct effects on tribal governments, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
This proposed rule applies to gasoline refiners, blenders and importers
that supply gasoline or diesel fuel. All of the test method updates in
today's action will improve the performance and/or utilization by
industry of the test methods. The allowance of ASTM D 7039-04 will
provide additional flexibility to the regulated community in meeting
sulfur in gasoline testing requirements. For the two alternative test
methods, ASTM D 1319 and ASTM D 4815, today's action will continue to
provide flexibility to the regulated community. Referencing the
rounding method in ASTM E 29-02[isin]1 provides consistent
guidance for the regulated community when determining whether a test
result is in conformance with our motor vehicle fuels standards.
Finally, for the measurement of sulfur in butane, today's action will
provide industry with a more reliable, more readily available and
better test method. Thus, Executive Order 13175 does not apply to this
proposed rule.
[[Page 16541]]
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045: Protection of Children from Environmental
health Risks and Safety Risks (62 FR 19885, April 23, 1997) applies to
any rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This proposed rule is not
subject to Executive Order 13045 because it does not establish an
environmental standard intended to mitigate health or safety risks that
may disproportionately affect children.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This proposed 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.
I. National Technology Transfer 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 to do so would be inconsistent with
applicable law or 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. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards. This
proposed rulemaking involves technical standards. EPA proposes to use
ASTM standards as described in Units II.A, II.B, II.C, II.D and II.F of
the SUPPLEMENTARY INFORMATION section of this document. All technical
standards included in today's proposed rule are standards developed by
ASTM, a voluntary consensus standards body, and thus raises no issues
under the NTTAA. EPA welcomes comments on this aspect of the proposed
rulemaking and, specifically, invites the public to identify
potentially-applicable voluntary consensus standards and to explain why
such standards should be used in this regulation.
IV. Statutory Provisions and Legal Authority
Statutory authority for today's proposed rule comes from sections
211(c), 211(i) and 211(k) of the CAA (42 U.S.C. 7545(c) and (k)).
Section 211(c) and 211(i) allows EPA to regulate fuels that contribute
to air pollution which endangers public health or welfare, or which
impairs emission control equipment. Section 211(k) prescribes
requirements for RFG and CG and requires EPA to promulgate regulations
establishing these requirements. Additional support for the fuels
controls in today's rule comes from sections 114(a) and 301(a) of the
CAA.
List of Subjects in 40 CFR Part 80
Environmental protection, Air pollution control, Fuel additives,
Gasoline, Diesel, Imports, Incorporation by reference, Motor vehicle
pollution, Reporting and recordkeeping requirements.
Dated: March 24, 2006.
Stephen L. Johnson,
Administrator.
[FR Doc. 06-3132 Filed 3-31-06; 8:45 am]
BILLING CODE 6560-50-P