[Federal Register Volume 71, Number 249 (Thursday, December 28, 2006)]
[Rules and Regulations]
[Pages 78086-78094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22310]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 80 and 86
[EPA-HQ-OAR-2006-0363; FRL-8263-4]
RIN 2060-AN66
Amendment to Tier 2 Vehicle Emission Standards and Gasoline
Sulfur Requirements: Partial Exemption for U.S. Pacific Island
Territories
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to exempt the three U.S.
Pacific Island Territories--American Samoa, Guam, and the Commonwealth
of the Northern Mariana Islands (C.N.M.I.)--from the gasoline sulfur
requirements that EPA promulgated in the Tier 2 motor vehicle rule. The
Governor of American Samoa petitioned us for an exemption from the Tier
2 gasoline sulfur requirement because of the potential for gasoline
shortages, the added cost, and the minimal air quality benefits the
Tier 2 gasoline sulfur requirement would provide to American Samoa.
Representatives of the Governors of Guam and C.N.M.I. have also
requested an exemption referencing the petition submitted by American
Samoa. Generally, the Far East market, primarily Singapore, supplies
gasoline to the U.S. Pacific Island Territories. The Tier 2 sulfur
standard effectively requires special gasoline shipments, which would
increase the cost and could jeopardize the security of the gasoline
supply to the Pacific Island Territories. The air quality in American
Samoa, Guam, and C.N.M.I. is generally pristine, due to the wet
climate, strong prevailing winds, and considerable distance from any
pollution sources. We recognize that exempting the U.S. Pacific Island
Territories from the gasoline sulfur standard will result in smaller
emission reductions. However, Tier 2 vehicles using higher sulfur
gasoline still emit 30% less hydrocarbons and 60% less NOX than Tier 1
vehicles and negative effects on the catalytic converter due to the
higher sulfur levels are, in many cases, reversible. Additionally,
these reduced benefits are acceptable due to the pristine air quality,
the fact that gasoline quality will not change, and the cost and
difficulty of consistently acquiring Tier 2 compliant gasoline. The
Tier 2 motor vehicle rule also sets standards for vehicle emissions.
Vehicles in use on the U.S. Pacific Island Territories will not be
exempt from the Tier 2 vehicle emission standards. However, additional
flexibility will be afforded due to the lack of low sulfur gasoline.
DATES: This direct final rule is effective on March 28, 2007 without
further notice, unless EPA receives adverse comments by January 29,
2007. If we receive adverse comments, we will publish a timely
withdrawal in the Federal Register informing the public that this rule
will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0363, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
Mail: Air Docket, Environmental Protection Agency,
Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460,
Attention Docket ID No. EPA-HQ-OAR-2006-0363. In addition, please mail
a copy of your comments on the information collection provisions to the
Office of Information and Regulatory Affairs, Office of Management and
Budget (OMB), Attn: Desk Officer for EPA, 725 17th St. NW., Washington,
DC 20503.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0363. EPA's policy is that all comments received 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 ``anonymous 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.
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, 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 legal 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.
Note: The EPA Docket Center suffered damage due to flooding
during the last week
[[Page 78087]]
of June 2006. The Docket Center is continuing to operate. However,
during the cleanup, there will be temporary changes to Docket Center
telephone numbers, addresses, and hours of operation for people who
wish to make hand deliveries or visit the Public Reading Room to
view documents. Consult EPA's Federal Register notice at 71 FR 38147
(July 5, 2006) or the EPA Web site at http://www.epa.gov/epahome/dockets.htm for current information on docket operations, locations
and telephone numbers. The Docket Center's mailing address for U.S.
mail and the procedure for submitting comments to
www.regulations.gov are not affected by the flooding and will remain
the same.
FOR FURTHER INFORMATION CONTACT: Sean Hillson, Office of Transportation
and Air Quality, Transportation and Regional Programs Division,
Mailcode AASMCG, Environmental Protection Agency, 2000 Traverwood
Drive, Ann Arbor, MI 48105; telephone number: (734) 214-4789; fax
number: (734) 214-4052; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION: EPA is publishing this rule without a prior
proposal because we view this action as noncontroversial 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 adopt the provisions in
this direct final rule if adverse comments are filed. This rule will be
effective on March 28, 2007 without further notice unless we receive
adverse comment by January 29, 2007 or a request for a public hearing
by January 12, 2007. If we receive adverse comment on one or more
distinct amendments, paragraphs, or sections of this rulemaking, we
will publish a timely withdrawal in the Federal Register indicating
which provisions are being withdrawn due to adverse comment. We may
address all adverse comments 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.
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.
Today's action is also available electronically on the date of
publication from EPA's Federal Register Internet Web site listed below.
This service is free of charge, except any cost that you already incur
for connecting to the Internet.
EPA Federal Register Web Site: http://www.epa.gov/fedrgstr/EPA-AIR/
(Either select a desired date or use the Search feature).
The contents of this preamble are listed in the following outline:
I. General Information
II. Background
III. American Samoa
IV. Guam
V. Commonwealth of the Northern Mariana Islands (C.N.M.I.)
VI. What Is EPA Promulgating?
VII. Statutory and Executive Order Reviews
VIII. Statutory Provisions and Legal Authority
I. General Information
A. Does this Action Apply to Me?
This action will affect you if you produce new motor vehicles,
alter individual imported motor vehicles to address U.S. regulation, or
convert motor vehicles to use alternative fuels for use in the U.S.
Pacific Island Territories--American Samoa, Guam, and Commonwealth of
the Northern Mariana Islands (C.N.M.I.). It will also affect you if you
produce, import, distribute, or sell gasoline fuel for use in the U.S.
Pacific Island Territories. The following table gives some examples of
entities that may have to follow the regulations. But because these are
only examples, you should carefully examine the regulations in 40 CFR
parts 80 and 86. If you have questions, call the person listed in the
FOR FURTHER INFORMATION CONTACT section of this preamble.
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Examples of potentially regulated NAICS codes
entities \a\ SIC codes \b\
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Motor Vehicle Manufacturers............. 336111 3711
336112
336120
Alternative Fuel Vehicle Converters..... 336311 3592
336312 3714
422720 5172
454312 5984
811198 7549
541514 8742
541690 8931
Commercial Importers of Vehicles and 811112 7533
Vehicle Components.....................
811198 7549
541514 8742
Petroleum Refiners...................... 324110 2911
Gasoline Marketers and Distributers..... 422710 5171
422720 5172
Gasoline Carriers....................... 484220 4212
484230 4213
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\a\ North American Industry Classification System (NAICS).
\b\ Standard Industrial Classification (SIC).
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI
Do not submit confidential business information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or 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.
[[Page 78088]]
2. Tips for Preparing Your Comments
When submitting comments, remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
II. Background
A. What Is the Tier 2 Rule?
The Tier 2 rule (65 FR 6697, February 10, 2000) instituted a
comprehensive regulatory program designed to significantly reduce the
emissions from new passenger cars and light trucks, including pickup
trucks, vans, minivans, and sport-utility vehicles. These reductions
provide for cleaner air and greater public health protection, primarily
by reducing ozone and PM pollution. The program treats vehicles and
fuels as a system, combining requirements for much cleaner vehicles
with requirements for much lower levels of sulfur in gasoline. The
program phases in a single set of tailpipe emission standards that
apply to all passenger cars, light trucks, and larger passenger
vehicles operated on any fuel. To enable the very clean Tier 2 vehicle
emission control technology to be introduced and to maintain its
effectiveness, we also require reduced gasoline sulfur levels. The
reduction in sulfur levels contributes directly to cleaner air in
addition to its beneficial effects on vehicle emission control systems.
Refiners have installed additional refining equipment to remove sulfur
in their refining processes. Importers of gasoline are required to
import and market only gasoline meeting the sulfur standards. These
standards currently apply to the U.S. Pacific Island Territories--
American Samoa, Guam, and the Commonwealth of the Northern Mariana
Islands (C.N.M.I.). However, these Territories have received
enforcement discretion \1\ from the Office of Enforcement and
Compliance Assurance which is applicable until November 1, 2007, or
once the final rule becomes effective, whichever is earlier.
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\1\ EPA, ``Exercise of Enforcement Discretion for Gasoline
Sulfur Regulations for the Commonwealth of the Northern Mariana
Islands, American Samoa, and the Territory of Guam'', October 30,
2006.
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B. Summary of American Samoa's Petition
Section 325(a)(1) of the Clean Air Act \2\ states in relevant part:
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\2\ 42 U.S.C. 7625-l(a)(1).
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Upon petition by the Governor of Guam, American Samoa, the
Virgin Islands, or the Commonwealth of the Northern Mariana Islands,
the Administrator is authorized to exempt any person or source or
class of persons in such territory from any requirement under this
chapter other than section 7412 of this title or any requirement
under section 7410 of this title or part D of subchapter I of this
chapter necessary to attain or maintain a national primary ambient
air quality standard. Such exemption may be granted if the
Administrator finds that the compliance with such requirement is not
feasible or is unreasonable due to unique geographical,
meteorological or economic factors of such territory, or such other
local factors as the Administrator deems significant.
Pursuant to Section 325(a)(1) of the Clean Air Act, the Honorable
Togiola Tulafono, Governor of American Samoa, petitioned \3\ the EPA to
exempt all persons in American Samoa from the Tier 2 gasoline sulfur
requirements promulgated by the EPA pursuant to Section 211(c)(1) of
the Clean Air Act and set forth at 40 CFR Part 80, Subpart H
(``Gasoline Sulfur Regulations''). According to the petition,
compliance with these requirements in American Samoa is unreasonable
due to the unique geographical, meteorological and economic factors of
the Territory. The reasons supporting this petition include the
following:
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\3\ Tulafono, T., Governor of American Samoa, ``Petition for
Exemption from the Gasoline Sulfur Regulations'', February 10, 2004.
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Transportation costs dictate that gasoline be supplied to
American Samoa from Far East markets, and the imposition of the rules
would cause the American Samoan market to be even less attractive to
foreign suppliers in an already limited market and, therefore,
compromise the security of the American Samoa gasoline supply;
Compliance with the Tier 2 gasoline sulfur regulations
would result in higher prices for gasoline in an already fragile
economy, resulting in added economic hardship to American Samoan
residents, the majority of which live below the poverty level; and
The isolation and small volumes of gasoline used in
American Samoa obviate any measurable danger to the environment with
respect to an exemption for American Samoa from the Tier 2 rule.
C. Rationale for Guam and C.N.M.I. Tier 2 Exemption
Representatives of the Governors of C.N.M.I. and Guam have also
filed requests 4 5 for exemption from the Tier 2 gasoline
sulfur standards. These territories have referenced the American Samoa
petition as they have the same fuel suppliers and similar geographical,
meteorological and economic factors as American Samoa. Gasoline is
transported to the U.S. Pacific Island Territories from Far East
markets. Imposing the Tier 2 regulations on the Territories would make
the market less attractive to foreign suppliers. This compromises the
security of the gasoline supply. One supplier has already pulled out of
the market due to difficulty in supplying compliant gasoline.
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\4\ Rabauliman, F., Director of the C.N.M.I. Division of
Environmental Quality, ``Request for Exemption from Gasoline Sulfur
Requirements'', August 10, 2006.
\5\ Soto, A., Acting Administrator of the Guam Environmental
Protection Agency, ``Request for Exemption from Gasoline Sulfur
Requirements'', August 14, 2006.
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III. American Samoa
A. American Samoa's Geography and Climate
American Samoa is a group of five volcanic islands and two coral
atolls. It is located in Polynesia, approximately 2300 miles southwest
of Hawaii and 1600 miles north of New Zealand. American Samoa is an
unincorporated Territory of the United States.
American Samoa is comprised of approximately 76 square miles, most
of which is mountainous. Over 96 percent of the population lives on the
largest island, Tutuila, which is approximately 53 square miles. The
small island of Annu'u lies near the east end of the Tutuila. The
Manu's Islands (Ta'u, Ofu and Olesega) are located approximately 60
miles east of Tutuila. Swains Island and the uninhabited Rose Atoll are
the two remaining islands in the American Samoan group.
American Samoa's closest neighbor is Western Samoa, lying about 60
miles to the west. There are no major population centers in the
vicinity of American
[[Page 78089]]
Samoa--the nearest is New Zealand, 1600 miles away.
American Samoa has a tropical maritime climate, with abundant rain,
winds, and warm, humid days and nights. Rainfall is about 125 inches a
year near the airport but varies greatly over small distances because
of the mountainous topography. The mean annual temperature is
approximately 80 degrees Fahrenheit and remains fairly constant
throughout the year. The prevailing winds throughout the year are the
Easterly Trades. The average wind speed is 12.1 miles per hour, and
does not vary to a great degree throughout the year. The lowest monthly
average wind speeds occur in February, March and April and average
about 8.5 miles per hour.
B. What Is the Air Quality Impact for American Samoa?
Due to the wet climate, strong prevailing winds, and the remoteness
of American Samoa, the air quality is generally pristine. It is in
attainment with EPA's air quality standards, including the National
Ambient Air Quality Standards for ozone and SO2. Exempting
American Samoa from the Tier 2 gasoline sulfur standards would not
cause an increase in emissions. As noted above, American Samoa has
received enforcement discretion for the Tier 2 gasoline sulfur
standards from the onset of the program and therefore the gasoline sent
to American Samoa has not been required to meet the Tier 2 sulfur
levels. Emissions from older vehicles will remain unchanged. Tier 2
vehicles using high sulfur gasoline will be cleaner than Tier 1
vehicles. Tier 2 vehicles using gasoline with 330 ppm sulfur emit 30%
less hydrocarbons and 60% less NOX than Tier 1 vehicles \6\.
While this rule will lead to a smaller reduction in emissions than
would occur if the Tier 2 sulfur regulations are required, American
Samoa's current air quality does not require further reductions.
Because of American Samoa's remoteness, there are no cross border
issues.
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\6\ EPA, ``EPA Staff Paper on Gasoline Sulfur Issues'', May 1,
1998, EPA420-R-98-005.
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C. Special Market Limitations for American Samoa
American Samoa's gasoline market has unique characteristics due to
American Samoa's remoteness. It is not realistic to supply America
Samoa from the mainland United States. Consequently, the majority of
American Samoa's gasoline is supplied from the Far East market
(Singapore and Australia).
The American Samoa petroleum market poses unique challenges, and
suppliers periodically withdraw from the market. The amount of fuel
purchased by American Samoa is so small that America Samoa is only a
minor part of the business of its current suppliers. These suppliers
may not be willing to modify their refineries to comply with the EPA's
Tier 2 gasoline sulfur requirements simply to supply the small American
Samoa market. For instance, Australia currently enforces a gasoline
sulfur standard higher than the Tier 2 standard and Singapore does not
regulate gasoline sulfur content \7\.
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\7\ International Fuel Quality Center, ``Asia/Australasia: 2005
Regional Fuel Quality Overview and Outlook for 2006'', February 23,
2006.
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In addition, American Samoa is economically challenged. According
to the 2000 U.S. Census, 61 percent of American Samoans lived below the
poverty level \8\. Its 2000 per capita gross domestic product
purchasing power parity was $5,825, compared to the 2005 U.S. per
capita GDP purchasing power parity of $41,800 \9\. Revenue transfers
from the U.S. government add substantially to its economic well-being.
American Samoa's economic activity is primarily fishing and processing
and canning of tuna.
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\8\ U.S. Census Bureau, ``American Samoa: 2000 Social, Economic,
and Housing Characteristics'', 2001.
\9\ Central Intelligence Agency, ``World Fact Book'', June 2006.
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IV. Guam
A. Guam's Geography and Climate
Guam is the southern-most island in the Marianas Archipelago. It is
located in Polynesia, approximately 3,700 miles west-southwest of
Honolulu and 1,550 miles south of Tokyo. The island is about 28 miles
long and between 4 and 8.5 miles wide, with a total land area of 209
square miles, about three times the size of Washington, DC. It has a
tropical climate with consistently warm and humid weather and westward
prevailing trade winds. There is no land mass downwind of Guam within
600 miles.
B. What Is the Air Quality Impact for Guam?
Guam is in attainment with the primary NAAQS, with the exception of
sulfur dioxide in two areas. This action is not expected to have any
significant impact on the ambient air quality status of Guam, including
the status of the two areas designated as nonattainment for sulfur
dioxide. Both areas are designated nonattainment for sulfur dioxide as
a result of monitored and modeled exceedences in the 1970's prior to
implementing changes to power generation facilities.
In the 1990's both plants were rebuilt, upgrading their emission
controls. Guam has submitted a redesignation request to EPA. That
pending redesignation request shows that they are now in attainment. An
emissions inventory shows that the power plants are the major source of
SO2 on Guam. Both plants are on the western side of the
island. The Trade Winds blow persistently from east-to-west, further
lessening the impact of the SO2 emissions on the people of
Guam from the power plants.
Mobile sources, like cars, are a minor contributor to the
SO2 emission budget. Exempting Guam from the Tier 2 gasoline
sulfur and vehicle emission standards would not cause an increase in
emissions. Guam has received enforcement discretion for the Tier 2
gasoline sulfur standards from the onset of the program and therefore
the gasoline sent to Guam has not been required to meet the Tier 2
sulfur levels. Emissions from older vehicles will remain unchanged.
Tier 2 vehicles using high sulfur gasoline will be cleaner than Tier 1
vehicles. Tier 2 vehicles using gasoline with 330 ppm sulfur emit 30%
less hydrocarbons and 60% less NOX than Tier 1 vehicles.
While this rule will lead to a smaller reduction in emissions than
would occur if the Tier 2 sulfur regulations are required, Guam's
current air quality does not require further reductions. Because of
Guam's remoteness, there are no cross border issues
C. Special Market Limitations for Guam
The history of the Guam gasoline market has unique characteristics
due to its remoteness. It is not realistic to supply Guam from the
mainland United States. Consequently, the majority of Guam's gasoline
is supplied from Singapore refineries. The shipments to Guam are in
relatively small quantities because the island lacks the economy of
scale for bigger bulk purchases. These suppliers may not be willing to
modify their refineries to comply with the EPA's Tier 2 gasoline sulfur
standard simply to supply the small Guam market. As stated earlier,
Singapore currently does not regulate gasoline sulfur content.
In addition, Guam is economically challenged. According to the 2000
U.S. Census, Guam's population was 148,060 with 23% living below
poverty \10\. Its 2005 per capita GDP purchasing power parity was
$15,000, compared to the
[[Page 78090]]
U.S. per capita GDP purchasing power parity in 2005 of $41,800 \11\.
Guam's economy depends significantly on U.S. military spending and on
revenue from the tourism industry. Most food and industrial goods are
imported, about 75% from the U.S.
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\10\ U.S. Census Bureau, ``Guam: 2000 Social, Economic, and
Housing Characteristics'', 2003.
\11\ Central Intelligence Agency, ``World Fact Book'', June
2006.
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V. Commonwealth of the Northern Mariana Islands (C.N.M.I.)
A. C.N.M.I. Geography and Climate
The C.N.M.I. consists of 14 islands of volcanic origin that extend
in a general north-south direction for 388 nautical miles. It lies in
the Western part of the Pacific Ocean about 1,150 miles south of Tokyo,
108 miles north of Guam, and 5,280 miles from the U.S. mainland. The
land area is 176.5 square miles, about 2.5 times the size of
Washington, DC. It has a tropical climate with consistently warm and
humid weather and westward prevailing trade winds. According to the
U.S. Census Bureau, in 2000 the population was 68,775, with population
centers primarily on the western side of Saipan, and to a much lesser
extent on Tinian and Rota. C.N.M.I. has approximately 200 miles of
roads, of which approximately 50 percent are paved.
B. What is the Air Quality Impact for C.N.M.I.?
The concentration of development on the west side of the islands,
meteorology (westward trade winds), and lack of heavy industry all have
a beneficial impact on C.N.M.I.'s air quality. C.N.M.I. is in
attainment with EPA's air quality standards, including the National
Ambient Air Quality standard for ozone and SO2. Exempting
C.N.M.I. from the Tier 2 gasoline sulfur and vehicle emission standards
would not cause an increase in emissions. C.N.M.I. has received
enforcement discretion for the Tier 2 gasoline sulfur standards from
the onset of the program and therefore the gasoline sent to C.N.M.I.
has not been required to meet the Tier 2 sulfur levels. Emissions from
older vehicles will remain unchanged. Tier 2 vehicles using high sulfur
gasoline will be cleaner than Tier 1 vehicles. Tier 2 vehicles using
gasoline with 330 ppm sulfur emit 30% less hydrocarbons and 60% less
NOX than Tier 1 vehicles. While this rule will lead to a
smaller reduction in emissions than would occur if the Tier 2 sulfur
regulations are required, C.N.M.I.'s current air quality does not
require further reductions. Because of its remoteness, there are no
cross border issues.
C. Special Market Limitations for C.N.M.I.
The history of the C.N.M.I. gasoline market has unique
characteristics due to its remoteness. It is not realistic to supply
C.N.M.I. from the mainland United States. Consequently, the majority of
C.N.M.I. gasoline is supplied from the Far East market where gasoline
sulfur content may be unregulated or does not meet Tier 2 levels.
Gasoline is shipped from Singapore to Guam and then to C.N.M.I. in one
ship. Several factors impact the wholesale pricing of gasoline in
C.N.M.I., including small volumes, a lack of purchasing power leverage,
high transportation costs, and lack of competition. The Tier 2 gasoline
sulfur requirements would make the C.N.M.I. market even less attractive
to suppliers.
In addition, C.N.M.I. is economically challenged, with 46% of the
population living below the poverty level in 2000 \12\. The GDP per
capita purchasing power parity in 2000 was $12,500, compared to the
United States per capita GDP purchasing power parity in 2005 of $41,800
\13\. The economy benefits substantially from financial assistance from
the United States, but this assistance has declined as locally
generated government revenues have grown. Chief sources of income are
tourism and garment production.
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\12\ U.S. Census Bureau, ``Commonwealth of the Northern Mariana
Islands: 2000 Social, Economic, and Housing Characteristics'', 2003.
\13\ Central Intelligence Agency, ``World Fact Book'', June
2006.
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VI. What Is EPA Promulgating?
A. Gasoline Sulfur Requirements
1. Standards
We are exempting American Samoa, Guam, and C.N.M.I. from the Tier 2
gasoline sulfur standard due to the high economic burden of compliance,
isolated nature of the territories, both in terms of gasoline
importation and pollution transport, and minimal air quality effects.
American Samoa, Guam, and C.N.M.I. have each filed a request for
exemption from the Tier 2 gasoline sulfur standards. American Samoa has
also submitted a petition providing justification for the exemption,
which Guam and C.N.M.I. have referenced in their requests as they have
the same fuel suppliers and similar geographical, meteorological, and
economic factors as American Samoa.
2. Rationale
EPA's Gasoline Sulfur Regulations were published on February 10,
2000. The rules are designed to lower sulfur levels in gasoline in
order to reduce emissions from mobile sources of sulfur compounds,
ozone, air toxics, and particulate matter. The rules currently apply to
the U.S. Pacific Island Territories (65 FR 6713, f.n. 24, February 10,
2000). However, the U.S. Pacific Island Territories have received
enforcement discretion of the Tier 2 gasoline sulfur standards until
November 1, 2007.
Compliance with the EPA's Tier 2 gasoline sulfur standards would
result in undue economic hardship in the U.S. Pacific Island
Territories. All three of the territories lack internal petroleum
supplies and refining capabilities and rely on long distance imports.
Given their remote location from Hawaii and the U.S. mainland, most
petroleum products are imported from East Rim nations, particularly
Singapore where no gasoline sulfur regulations are in place.
The economies of the Territories are underdeveloped compared with
the U.S. mainland, with poverty rates ranging between 23% and 61%.
Gasoline must be imported over long distances and in small cargo
parcels. This makes the cost of gasoline in the Pacific Island
Territories higher than on the mainland United States, exclusive of the
effects of taxes. Higher gasoline prices adversely affect the economies
of the Territories.
Imposition of the low sulfur gasoline standards would result in a
further limitation in potential suppliers to the U.S. Pacific Island
Territories. Suppliers will either be dissuaded from supplying the
Territories at all, or they would charge prices that would make the
importation of the gasoline economically impracticable for its
residents. One supplier has pulled out of the market in American Samoa
because they were unable to provide compliant gasoline. The fact that a
major supplier of gasoline has pulled out of the market speaks to the
impracticality of supplying Tier 2 gasoline to the Territories.
B. Vehicle Emission Standards
1. Standards
We are not exempting American Samoa, Guam, and C.N.M.I. from the
Tier 2 vehicle emission standards. However, we are providing additional
flexibilities for Tier 2 vehicles since low sulfur gasoline is
unavailable. These flexibilities are similar to the flexibilities which
EPA provided for 1999-2003 model vehicles meeting National Low Emission
Vehicle (NLEV) emission standards and 2004-2007 model year vehicles
meeting either Interim non-Tier 2 or Tier 2 vehicle
[[Page 78091]]
emission standards. Under current EPA regulations, these flexibilities
are set to expire at the end of the 2007 model year. Today's action
extends the flexibilities to 2008 and later model year vehicles
introduced into commerce in American Samoa, C.N.M.I., and Guam. The
flexibilities (1) allow additional preconditioning prior to conducting
exhaust emission tests (to remove sulfur deposits on the catalyst and
emission control system components) and (2) allow special OBD system
considerations to account for higher levels of sulfur present in
gasoline.
2. Sulfur Effects on Tier 2 and NLEV Vehicle Exhaust Emissions and OBD
Systems
The effects of sulfur levels in gasoline on vehicle emissions and
OBD systems have been well documented in recent years in various
Society of Automotive Engineer (SAE) papers and other references. A
discussion of sulfur effects on vehicle emissions and OBD systems can
be found in the Tier 2 final rule (65 FR 6729, February 10, 2000). In
brief, sulfur in gasoline has a negative impact on vehicle emissions,
reducing the effectiveness of the catalytic converter. Sulfur compounds
attach to some of the precious metal sites in the catalyst,
neutralizing some of the catalytic action. Tier 2 and NLEV vehicles are
more sensitive to sulfur poisoning than Tier 1 and Tier 0 vehicles. The
amount of reduced activity depends on many factors such as the catalyst
precious metal formulation, the oxygen storage capacity of the
catalyst, the catalyst location, catalyst temperature environment, the
air/fuel calibration of the engine, vehicle speed, vehicle load, etc.
Data presented in the Tier 2 final rule (65 FR 6729, February 10,
2000) indicates that for vehicles meeting LEV emission standards, NMHC
and NOX emissions can increase by approximately 150 percent
and 50 percent, respectively, on the FTP (city) test if the vehicle was
operated on gasoline containing 330 ppm sulfur. While sulfur poisoning
is reversible, the amount of reversibility also depends on many
factors. Sulfur can be removed from some catalysts by operating the
vehicle with a rich exhaust (absence of oxygen) while the catalyst
experiences a high temperature environment (above 700 [deg]C).
As discussed in the Tier 2 final rule (65 FR 6729, February 10,
2000), sulfur poisoning has a potential to adversely affect the on-
board diagnostic (OBD) system of the vehicle. First, sulfur poisoning
can impair the decisions made by the OBD system, and affect the ability
of the OBD system to accurately detect catalyst efficiency problems.
For example, the OBD system could operate properly on low-sulfur
gasoline, but falsely indicate sulfur-induced passes when exposed to
high sulfur gasoline. Second, sulfur poisoning has a potential to
affect consumer confidence in the OBD system itself. For example, if
the OBD system were to detect a substantially higher rate of (sulfur
induced) catalyst efficiency problems when operating on high sulfur
gasoline, the more frequent illumination of the OBD warning light could
lead to a loss of consumer confidence in the OBD system itself. Thus,
consumers might become inclined to ignore the OBD warning light and
drive potentially high emitting vehicles with emission-related problems
unrelated to sulfur in gasoline.
3. Discussion of Vehicle Requirements
Today's action extends the flexibilities of Tier 2 OBD and in-use
testing requirements while allowing American Samoa, Guam, and C.N.M.I.
to use in-use fuels with sulfur levels above the Tier 2 requirements.
We believe that it is appropriate to retain the Tier 2 vehicle emission
standards for many reasons, including the following:
a. Exhaust emission benefits. EPA Tier 2 emission standards are
significantly lower than Tier 1 emission standards. For example, Tier 1
exhaust emission standards for passenger cars are approximately 5-6
times higher than Tier 2 standards. Tier 1 exhaust emission standards
for large light-duty trucks and medium duty passenger vehicles are
approximately 12 times higher than Tier 2 emission standards. Although
Tier 2 vehicles operating in American Samoa, Guam, and C.N.M.I. on high
sulfur gasoline would not be expected to achieve the same emissions
performance as Tier 2 vehicles operated on low sulfur fuel, the
emission reductions realized by Tier 2 vehicles even when operating on
high sulfur fuel remain significant relative to a fleet of Tier 1
vehicles operating on such fuels. As noted above, Tier 2 vehicles using
gasoline with 330 ppm sulfur emit 30% less hydrocarbons and 60% less
NOX than Tier 1 vehicles.
b. Evaporative emission benefits and other benefits. EPA Tier 2
evaporative emission standards are approximately 50 percent lower than
Tier 1 evaporative emission standards (a reduction which is unaffected
by the sulfur level of in-use gasoline). Other beneficial requirements
of Tier 2 regulations include extending the passenger car useful life
mileage from 100,000 miles to 120,000 miles; eliminating redundant idle
CO emission standards for trucks; eliminating adjusted loaded weight
(ALVW) test requirements for heavy light-duty trucks; reducing the
Supplemental Federal Test Procedure emission standards; and requiring
vehicles to have leak-free exhaust systems.
c. No significant in-use testing problems to date. EPA conducts
``as received'' in-use surveillance tests on approximately 50 classes
of vehicles each year. Three vehicles are normally tested in each
class, for a total of approximately 150 vehicles per year. Although EPA
tests have been instrumental in several emission-related recalls, we
have found that the vast majority of 1999 to 2004 model year vehicles
comply with the applicable NLEV/Tier 2 emission standards (even though
low sulfur fuel was not available during much of this period). In some
cases, the ``as received'' emission test failed to comply with
applicable emission standards and the vehicle was retested after
performing additional (sulfur removal) preconditioning. For the
majority of these retests, emissions changed very little, however in
one case, NOX emissions decreased by approximately 50
percent. There have been no sulfur-related OBD failures to date.
Beginning in the 2005 calendar year, automobile manufacturers were also
required to perform ``as received'' in-use testing on approximately
1500 vehicles per year. The results of the manufacturer tests generally
agree with the results of the EPA tests. The manufacturer tests also
showed a high level of compliance with the NLEV and Tier 2 emission
standards and no sulfur-related OBD problems. A list of vehicle recalls
is available at http://www.epa.gov/otaq/recall.htm.
During the time when EPA and manufacturers were conducting their
in-use tests on NLEV and Tier 2 vehicles, the nationwide average sulfur
levels of gasoline in the United States ranged from approximately 300
ppm in 1999 to 80 ppm in 2004. We note that sulfur levels averaged 300
ppm in 2002 and 130 ppm in 2004 in the Detroit, Michigan area (where
test vehicles were recruited for all EPA tests and many manufacturer
tests).
While EPA believes that the Tier 2 vehicle standards should
continue to apply for vehicles introduced in American Samoa, Guam, and
C.N.M.I., we believe that the pre-existing flexibilities provided for
vehicles that are exposed to high sulfur gasoline should be extended
for vehicles introduced in these Territories. Flexibilities provided in
the Tier 2 rule (1) allow additional preconditioning prior to
conducting exhaust emission
[[Page 78092]]
tests (to remove sulfur deposits on the catalyst and emission control
system components) and (2) allow special OBD system considerations to
account for sulfur which is present in gasoline. The specific
requirements of these flexibilities are found in the current
regulations (40 CFR 86.1806-05(d) and 40 CFR 86.1845-04(a)), and are
applicable to vehicles up to the 2007 model year. The revised
regulations provided with today's action extend these provisions beyond
the 2007 model year for vehicles in American Samoa, C.N.M.I., and Guam.
The flexibility to allow additional preconditioning prior to emission
testing is being extended to accommodate any possible emission testing
which may be performed on American Samoa, Guam, or C.N.M.I. vehicles.
The OBD flexibilities are being extended (even though current data
indicate that they will probably not be needed) because EPA cannot
conclude with certainty that they will not be needed for future
technology vehicles.
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to OMB review.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
This rule does not create new requirements. Its purpose is to relieve a
burden imposed on the three U.S. Pacific Island Territories.
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 in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (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 rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) 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 rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This rule
would exempt the three U.S. Pacific Island Territories--American Samoa,
Guam and the Commonwealth of the Northern Mariana Islands--from the
Tier 2 rule for gasoline sulfur requirements and extend related
existing flexibilities to the vehicle emission standards for the three
territories. It does not create new requirements. Its purpose is to
relieve a burden imposed on the three U.S. Pacific Island Territories.
We have therefore concluded that today's rule will relieve regulatory
burden for all affected small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.
L. 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 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. This rule imposes no enforceable
duty on any State, local or tribal governments or the private sector.
It does not create new requirements. Its purpose is to relieve a burden
imposed on the three U.S. Pacific Island Territories.
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 final 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
[[Page 78093]]
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132. Thus, Executive
Order 13132 does not apply to this rule. Although section 6 of
Executive Order 13132 does not apply to this rule, EPA did consult with
representatives of the U.S. Pacific Island Territories in developing
this rule. A summary of the concerns raised during that consultation
and EPA's response to those concerns is provided in previous sections
of this preamble.
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 9, 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.'' This rule does not have
tribal implications, as specified in Executive Order 13175. This rule
would exempt the three U.S. Pacific Island Territories--American Samoa,
Guam and the Commonwealth of the Northern Mariana Islands--from the
Tier 2 rule for gasoline sulfur requirements and extend related
existing flexibilities to the vehicle emission standards for the three
territories. It applies only to the three U.S. Pacific Island
Territories. Thus, Executive Order 13175 does not apply to this rule.
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 rule is not subject to
Executive Order 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
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.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law No. 104-113, 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 does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.
J. 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 March 28, 2007.
VIII. Statutory Provisions and Legal Authority
Statutory authority for today's final rule is found in the Clean
Air Act, 42 U.S.C. 7401 et seq., in particular, sections 325, 211 and
202 of the Act, 42 U.S.C. 7521. This rule is being promulgated under
the administrative and procedural provisions of Clean Air Act section
307(d), 42 U.S.C. 7607(d).
List of Subjects
40 CFR Part 80
Environmental protection, Adminstrative practice and procedure,
Gasoline, Reporting and recordkeeping requirements.
40 CFR Part 86
Environmental protection, Administrative practice and procedure,
Motor vehicle pollution.
Dated: December 21, 2006.
Stephen L. Johnson,
Administrator.
0
For the reasons set forth in the preamble, chapter I, title 40 of the
Code of Federal Regulations is amended as follows:
PART 80--REGULATION OF FUELS AND FUEL ADDITIVES
0
1. The authority citation for part 80 continues to read as follows:
Authority: 42 U.S.C. 7414, 7545, and 7601(a).
Subpart H--[Amended]
0
2. A new Sec. 80.382 is added to Subpart H to read as follows:
Sec. 80.382 What requirements apply to gasoline for use in American
Samoa, Guam and the Commonwealth of the Northern Mariana Islands?
The gasoline sulfur standards of Sec. Sec. 80.195 and 80.240(a) do
not apply to gasoline that is produced, imported, sold, offered for
sale, supplied, offered for supply, stored, dispensed, or transported
for use in the Territories of Guam, American Samoa or the Commonwealth
of the Northern Mariana Islands, provided that such gasoline is:
(a) Designated by the refiner or importer as high sulfur gasoline
only for use in Guam, American Samoa, or the Commonwealth of the
Northern Mariana Islands;
(b) Used only in Guam, American Samoa, or the Commonwealth of the
Northern Mariana Islands;
(c) Accompanied by documentation that complies with the product
transfer document requirements of Sec. 80.365; and
(d) Segregated from non-exempt high sulfur fuel at all points in
the distribution system from the point the fuel is designated as exempt
fuel only for use in Guam, American Samoa, or the Commonwealth of the
Northern
[[Page 78094]]
Mariana Islands, while the exempt fuel is in the United States but
outside these Territories.
PART 86--CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES
AND ENGINES
0
3. The authority citation for part 86 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart S--[Amended]
0
4. Section 86.1806-05 is amended by revising paragraph (d)(2) to read
as follows:
Sec. 86.1806-05 On-board diagnostics.
* * * * *
(d) * * *
(2)(i) For interim non-Tier 2 and Tier 2 LDV/LLDTs and HLDT/MDPVs
produced through the 2007 model year, upon a manufacturer's written
request, EPA will consider allowing the use of an on-board diagnostic
system during the certification process that functions properly on low-
sulfur gasoline but indicates sulfur-induced passes when exposed to
high sulfur gasoline. After the 2007 model year, this provision can be
used only for interim non-Tier 2 and Tier 2 LDV/LLDTs and HLDT/MDPVs
introduced into commerce in American Samoa, Guam, and the Commonwealth
of the Northern Mariana Islands, but this provision only can be used
for such vehicles in any of those locations if low sulfur gasoline is
determined by the Administrator to be unavailable in that specific
location.
(ii) For interim non-Tier 2 and Tier 2 LDV/LLDTs and HLDT/MDPVs, if
vehicles produced through the 2007 model year exhibit illuminations of
the emission control diagnostic system malfunction indicator light due
to high sulfur gasoline, EPA will consider, upon a manufacturer's
written request, allowing modifications to such vehicles on a case-by-
case basis so as to eliminate the sulfur induced illumination. After
the 2007 model year, this provision can be used only for interim non-
Tier 2 and Tier 2 LDV/LLDTs and HLDT/MDPVs introduced into commerce in
American Samoa, Guam, and the Commonwealth of the Northern Mariana
Islands, but this provision only can be used for such vehicles in any
of those locations if low sulfur gasoline is determined by the
Administrator to be unavailable in that specific location.
* * * * *
0
5. Section 86.1845-04 is amended by revising paragraph (a)(3) to read
as follows:
Sec. 86.1845-04 Manufacturer in-use verification testing
requirements.
(a) * * *
(3) Upon a manufacturer's written request, prior to in-use testing,
that presents information to EPA regarding pre-conditioning procedures
designed solely to remove the effects of high sulfur in gasoline from
vehicles produced through the 2007 model year, EPA will consider
allowing such procedures on a case-by-case basis. EPA's decision will
apply to manufacturer in-use testing conducted under this section and
to any in-use testing conducted by EPA. Such procedures are not
available for complete HDVs. After the 2007 model year, this provision
can be used only for in-use vehicles in American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands, but this provision only
can be used for such vehicles in any of those locations if low sulfur
gasoline is determined by the Administrator to be unavailable in that
specific location.
* * * * *
0
6. Section 86.1846-01 is amended by revising paragraph (a)(4) to read
as follows:
Sec. 86.1846-01 Manufacturer in-use confirmatory testing
requirements.
(a) * * *
(4) Upon a manufacturer's written request, prior to in-use testing,
that presents information to EPA regarding pre-conditioning procedures
designed solely to remove the effects of high sulfur in gasoline from
vehicles produced through the 2007 model year, EPA will consider
allowing such procedures on a case-by-case basis. EPA's decision will
apply to manufacturer in-use testing conducted under this section and
to any in-use testing conducted by EPA. This provision does not apply
to heavy-duty vehicles and engines. After the 2007 model year, this
provision can be used only for in-use vehicles in American Samoa, Guam,
and the Commonwealth of the Northern Mariana Islands, but this
provision only can be used for such vehicles in any of those locations
if low sulfur gasoline is determined by the Administrator to be
unavailable in that specific location.
* * * * *
[FR Doc. E6-22310 Filed 12-27-06; 8:45 am]
BILLING CODE 6560-50-P