[Federal Register Volume 73, Number 236 (Monday, December 8, 2008)]
[Proposed Rules]
[Pages 74403-74408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28372]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[EPA-HQ-OAR-2008-0558; FRL-8742-7]
RIN 2060-AP17
Regulation of Fuel and Fuel Additives: Gasoline and Diesel Fuel
Test Methods
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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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 with twelve 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 allow an alternative test
method for olefins in gasoline.
DATES: Comments or a request for a public hearing must be received on
or before January 7, 2009.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-HQ-
OAR-2008-0558, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
E-mail: [email protected].
Fax: (202) 566-9744.
Mail: ``EPA-HQ-OAR-2008-0558, Environmental Protection
Agency, Mailcode: 2822T, 1301 Constitution Ave., NW., Washington, DC
20460.''
Hand delivery: EPA Headquarters Library, Room 3334, EPA
West Building, 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 Number EPA-HQ-OAR-
2008-0558. EPA's policy is that all comments will be included in the
public docket without change and may be made available online at
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 www.regulations.gov or e-mail.
The www.regulations.gov Web
[[Page 74404]]
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 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: http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
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 www.regulations.gov or in hard copy at the Air Docket, EPA
Headquarters Library, Mail Code: 2822T, EPA West Building, 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) 566-1742, and the facsimile number for the Air
Docket is (202) 566-9744.
FOR FURTHER INFORMATION CONTACT: Joe Sopata, Chemist, Environmental
Protection Agency, 1200 Pennsylvania Ave. (6406J), NW., Washington, DC
20460; telephone number: (202) 343-9034; fax number: (202) 343-2801; e-
mail address: [email protected].
SUPPLEMENTARY INFORMATION: 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 non-
controversial and anticipate no adverse comments. We have explained our
reasons for the amendments in the preamble to the direct final rule.
The contents of today's preamble are listed in the following
outline.
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. Alternative Test Method for Olefins in Gasoline
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act of 1995 (UMRA)
E. Executive Order 13123: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health & Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice and Minority Populations and Low-Income
Populations
IV. 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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Category NAICS codes \a\ SIC codes \b\ Examples of potentially regulated parties
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Industry.................................... 324110 2911 Petroleum refiners.
Industry.................................... 54138 8734 Testing Laboratories.
Industry.................................... 422710 5171 Gasoline Marketers and Distributors.
422720 5172
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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
[[Page 74405]]
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 aromatics, benzene, distillation, olefins, Reid
Vapor Pressure, oxygenate content and sulfur. American Society for
Testing and Materials (ASTM) test method D2622 is currently the
designated test method for measuring sulfur 1, 2 in gasoline
and diesel fuel at the 500 ppm sulfur standard. ASTM test methods
D5453, D6920, D3120 and D7039 are currently alternative test methods
for measuring sulfur 3, 4, 5, 6 in gasoline. ASTM test
methods D5453 and D6920 are also alternative test methods for measuring
sulfur \7\ in diesel fuel at the 500 ppm sulfur standard. ASTM D1319 is
currently the designated test method for measuring olefins \8\ in
gasoline and aromatics \9\ in diesel fuel and is also allowed as an
alternative test method for measuring aromatics \10\ in gasoline. ASTM
test method D5599 is currently the designated test method for measuring
oxygenates \11\ in gasoline. ASTM test method D4815 is currently an
alternative test method for measuring oxygenates \12\ in gasoline. ASTM
test method D5769 is currently the designated test method for measuring
aromatics \13\ in gasoline. ASTM test method D3606 is currently the
designated test method for measuring benzene \14\ in gasoline. ASTM
test method D86 is currently the designated test method for measuring
the distillation \15\ of gasoline. ASTM test method D5191 is currently
the designated test method for measuring the Reid Vapor Pressure \16\
of gasoline.
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\1\ 40 CFR 80.46(a)(1).
\2\ 40 CFR 80.580(b)(2).
\3\ 40 CFR 80.46(a)(3)(i).
\4\ 40 CFR 80.46(a)(3)(ii).
\5\ 40 CFR 80.46(a)(3)(iii).
\6\ 40 CFR 80.46(a)(3)(iv).
\7\ 40 CFR 80.580(c)(2).
\8\ 40 CFR 80.46(b).
\9\ 40 CFR 80.2(z).
\10\ 40 CFR 80.46(f)(3).
\11\ 40 CFR 80.46(g)(1).
\12\ 40 CFR 80.46(g)(2).
\13\ 40 CFR 80.46(f)(1).
\14\ 40 CFR 80.46(e).
\15\ 40 CFR 80.46(d).
\16\ 40 CFR 80.46(c).
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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 D2622-05, the designated test method for measuring
sulfur in RFG, CG, and alternative test method for diesel fuel at the
500 ppm sulfur standard, (2) ASTM D3120-06 [epsiv]\1\, alternative test
method for sulfur in gasoline, (3) ASTM D5453-08a, alternative test
method for sulfur in gasoline and diesel fuel at the 500 ppm sulfur
standard, (4) ASTM D6920-07, alternative test method for sulfur in
gasoline and diesel fuel at the 500 ppm sulfur standard, (5) ASTM
D7039-07, alternative test method for sulfur in gasoline, (6) ASTM
D1319-03 [epsiv]\1\, 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, (7) ASTM D4815-04,
alternative test method for measuring oxygenate content in gasoline,
(8) ASTM D5599-00 (2005), the designated test method for measuring
oxygen content in gasoline, (9) ASTM D5769-04, the designated test
method for measuring aromatics in gasoline, (10) ASTM D3606-07, the
designated test method for measuring benzene in gasoline, (11) ASTM
D86-07b, the designated test method for measuring distillation
properties of gasoline, and (12) ASTM D5191-07, the designated test
method for measuring the Reid Vapor Pressure of gasoline.
Table 1--Designated And Alternative ASTM Analytical Test Methods Under
RFG, CG & Diesel Motor Vehicle Fuel Programs
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Fuel parameter ASTM analytical test method
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Sulfur (gasoline)............ ASTM D2622-05, entitled ``Standard Test
Method for Sulfur in Petroleum Products
by Wavelength Dispersive X-Ray
Fluorescence Spectrometry''.
Sulfur (500 ppm diesel)...... ASTM D2622-05, entitled ``Standard Test
Method for Sulfur in Petroleum Products
by Wavelength Dispersive X-Ray
Fluorescence Spectrometry''.
Sulfur (gasoline)............ ASTM D5453-08a, entitled, ``Standard Test
Method for Determination of Total Sulfur
in Light Hydrocarbons, Spark Ignition
Engine Fuel, Diesel Engine Fuel, and
Engine Oil by Ultraviolet
Fluorescence''.
Sulfur (500 ppm sulfur ASTM D5453-08a, entitled, ``Standard Test
diesel). Method for Determination of Total Sulfur
in Light Hydrocarbons, Spark Ignition
Engine Fuel, Diesel Engine Fuel, and
Engine Oil by Ultraviolet
Fluorescence''.
Sulfur (gasoline)............ ASTM D6920-07, entitled, ``Standard Test
Method for Total Sulfur in Naphthas,
Distillates, Reformulated Gasolines,
Diesels, Biodiesels, and Motor Fuels by
Oxidative Combustion and Electrochemical
Detection''.
[[Page 74406]]
Sulfur (500 ppm sulfur ASTM D6920-07, entitled, ``Standard Test
diesel). Method for Total Sulfur in Naphthas,
Distillates, Reformulated Gasolines,
Diesels, Biodiesels, and Motor Fuels by
Oxidative Combustion and Electrochemical
Detection''.
Sulfur (gasoline)............ ASTM D3120-06 [epsiv]\1\, entitled,
``Standard Test Method for Trace
Quantities of Sulfur in Light Petroleum
Hydrocarbons by Oxidative
Microcoulometry''.
Sulfur (gasoline)............ ASTM D7039-07, entitled, ``Standard Test
Method for Sulfur in Gasoline and Diesel
Fuel by Monochromatic Wavelength
Dispersive X-ray Fluorescence
Spectrometry''.
Oxygen content (gasoline).... ASTM D5599-00 (2005), entitled,
``Standard Test Method for Determination
of Oxygenates in Gasoline by Gas
Chromatography and Oxygen Selective
Flame Ionization Detection''.
Oxygen content (gasoline).... ASTM D4815-04, 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 D1319-03 [epsiv]\1\, entitled
``Standard Test Method for Hydrocarbon
Types in Liquid Petroleum Products by
Fluorescent Indicator Adsorption''.
Aromatics (gasoline and ASTM D1319-03 [epsiv]\1\, entitled,
diesel). ``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 D5769-04.
Aromatics (gasoline)......... ASTM D5769-04, entitled, ``Standard Test
Method for Determination of Benzene,
Toluene, and Total Aromatics in Finished
Gasolines by Gas Chromatography/Mass
Spectrometry''.
Benzene (gasoline)........... ASTM D3606-07, entitled, ``Standard Test
Method for Determination of Benzene and
Toluene in Finished Motor and Aviation
Gasoline by Gas Chromatography''.
Distillation (gasoline)...... ASTM D86-07b, entitled, ``Standard Test
Method for Distillation of Petroleum
Products at Atmospheric Pressure''.
Reid Vapor Pressure ASTM D5191-07, entitled, ``Standard Test
(gasoline). Method for Vapor Pressure of Petroleum
Products (Mini-Method)''.
------------------------------------------------------------------------
B. Alternative Test Method for Olefins in Gasoline
Refiners, importers and oxygenate blenders producing gasoline are
required to test RFG, and CG for various fuel parameters including
olefins. The test method for determining olefin content is specified in
the regulation.
Recently, the American Petroleum Institute (API) requested in a
letter to EPA that ASTM D 6550-05 be designated by EPA as an
alternative test method in the regulations for olefins \15\ in
gasoline. EPA has evaluated API's request on this test method issue and
agrees. Thus, EPA is proposing to allow ASTM D6550-05 as an alternative
test method in the regulations for olefins in gasoline, provided that
its results are correlated to ASTM D1319. The allowance of this
additional alternative test method for olefins 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-2008-0558-0001.
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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 January 7, 2009, 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 January 7, 2009, 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 standard test
methods for the applications mentioned above.
III. 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 review under the EO.
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. 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. 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 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. The impact of concern is any
significant adverse economic impact on small entities since the primary
purpose of the regulatory flexibility analysis is to identify and
address regulatory alternatives ``which minimize any significant
economic
[[Page 74407]]
impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
After considering the economic impacts of today's proposed final
rule on small entities, I certify that this action will 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 alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus an Agency may certify 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 this proposed rule will improve
the performance and/or utilization by industry of ASTM standard test
methods. This proposed rule does not impose a regulatory burden on
anyone, including small businesses. Instead, this proposed rule will
have a positive impact by improving performance of the industry,
including small businesses, by enabling them to use more current
voluntary consensus-based standard test methods. In addition, the
allowance of ASTM D6550-05 will provide additional flexibility to the
regulated community, including small businesses, in meeting olefins in
gasoline testing requirements. We have therefore concluded that today's
proposed rule will relieve regulatory burden for all effected small
entities. We continue to be interested in the potential impacts of the
proposed rule on small entities and welcome comments on issues related
to such impacts.
D. Unfunded Mandates Reform Act of 1995 (UMRA)
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2
U.S.C. 1531-1538, requires Federal agencies, unless otherwise
prohibited by law, to assess the effects of their regulatory actions on
State, local, and tribal governments and the private sector. Federal
agencies must also develop a plan to provide notice to small
governments to have meaningful and timely input in the development of
EPA regulatory proposals with significant Federal intergovernmental
mandates and must inform, educate, and advise small governments on
compliance with the regulatory requirements.
This proposed rule does not contain a Federal mandate that may
result in expenditures of $100 million or more for State, local, and
tribal governments, in the aggregate, or the private sector in any one
year. All of the test method updates in today's action will improve the
performance and/or utilization by industry of the test methods already
allowed by our regulations. The allowance of ASTM D6550-05 will provide
additional flexibility to the regulated community in meeting olefins in
gasoline testing requirements. Thus, this proposed rule is not subject
to the requirements of sections 202 and 205 of the UMRA. This action is
also not subject to the requirements of section 203 of UMRA because it
contains no regulatory requirements that might significantly or
uniquely affect small governments.
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 will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. All of the test method updates
in today's action will improve the performance and/or utilization by
industry of ASTM standard test methods. The allowance of ASTM D6550-05
will provide additional flexibility to the regulated community in
meeting olefins in gasoline testing requirements. Thus, Executive Order
13132 does not apply to this proposed rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 6, 2000). This action
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 D6500-05 will provide
additional flexibility to the regulated community in meeting olefins in
gasoline testing requirements. Thus, Executive Order 13175 does not
apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health & Safety Risk
EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the Executive
Order has the potential to influence the regulation. This action 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 Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 18355
(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 rule involves technical standards. EPA will adopt
ASTM standards as described in Units II.A, and II.B of the
SUPPLEMENTARY INFORMATION section of this document. All technical
standards included in today's rule are standards developed by ASTM, a
voluntary consensus standards body, and thus raises no issues under the
NTTAA. The ASTM standards in today's action may be obtained from
[[Page 74408]]
ASTM International at 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428-2959, 610-832-9585 (phone), 610-832-9555 (fax),
or [email protected] (e-mail); or through the ASTM Web site (http://www.astm.org).
J. Executive Order 12898: Federal Actions To Address Environmental
Justice and Minority Populations and Low-Income Populations
Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. All of the test method updates in this direct final rule
will improve the performance and/or utilization by industry of the test
methods. The allowance of ASTM D6500-05 will provide additional
flexibility to the regulated community in meeting olefins in gasoline
testing requirements. This proposed rule amendment does not relax
control measures on sources regulated by the rule and therefore will
not cause emission increases from these sources.
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) allow 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 proposed 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: November 13, 2008.
Stephen L. Johnson,
Administrator.
[FR Doc. E8-28372 Filed 12-5-08; 8:45 am]
BILLING CODE 6560-50-P