Revision to the Requirements on Variability in the Composition of
Additives Certified Under the Gasoline Deposit Control Program;
Proposed Rule
Related Material
[Federal Register: November 5, 2001 (Volume 66, Number 214)]
[Proposed Rules]
[Page 55905-55907]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05no01-16]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[AMS-FRL-7096-6]
RIN 2060-AJ69
Revision to the Requirements on Variability in the Composition of
Additives Certified Under the Gasoline Deposit Control Program;
Proposed Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Deposits that form in gasoline-fueled motor vehicle engines
and fuel supply systems have been shown to increase emissions of
harmful air pollutants. All gasoline used in the U.S. must contain
additives that have been certified with EPA as effective in limiting
the formation of such deposits. During certification, additive
manufacturers must provide EPA with information on additive
composition. To ensure that in-use additives meet EPA requirements,
manufacturers are required to limit variation in the composition of
additive production batches from that reported during certification.
Today's action proposes changes to the information that must be
provided on additive composition by the manufacturer at the time of
certification. We are also proposing clarifications to the requirements
associated with limiting variability in additive production batches.
These changes would address additive manufacturer concerns that
compliance with the existing requirements would be burdensome and
difficult, while maintaining the emissions control benefits of the
gasoline deposit control program.
In the ``Rules and Regulations'' section of this Federal Register,
we are making these regulatory changes as a direct final rule without a
prior proposal because we view these changes as noncontroversial
revisions and anticipate no adverse comment. We have explained our
reasons for these revisions in the preamble to the direct final rule.
If we receive no adverse comment, we will not take further action on
this proposed rule. If we receive adverse comment, we will withdraw the
amendments, paragraphs, or sections of the direct final rule receiving
such comment and those amendments, paragraphs, or sections will not
take effect. We will address all public comments in a subsequent final
rule based on this proposed rule. We will not institute a second
comment period on this action. Any parties interested in commenting
must do so at this time. We are not planning to hold a public hearing
regarding this action.
DATES: Written comments must be received by January 4, 2002.
ADDRESSES: Interested parties may submit written comments in response
to this notice (in duplicate if possible) to Public Docket No. A-2001-
15, at: Air Docket Section, U.S. Environmental Protection Agency,
Attention: Docket No. A-2001-15, First Floor, Waterside Mall, Room M-
1500, 401 M Street SW., Washington, DC 20460 (Telephone 202-260-7548;
Fax 202-260-4400). We also request that a copy of the comments be sent
to Jeff Herzog by mail at, U.S. EPA, Assessment and Standards Division,
2000 Traverwood Drive, Ann Arbor, MI 48105-2498, or by E-Mail at
herzog.jeff@epa.gov
This proposed rule and the accompanying direct final rule are
available electronically on the day of publication from the EPA Federal
Register internet Web site listed below. Prepublication electronic
copies of these notices are also available from the EPA Office of
Transportation and Air Quality Web site listed below. This service is
free of charge, except for any cost that you already incur for internet
connectivity.
Federal Register Web Site:
http://www.epa.gov/fedrgstr/EPA-AIR/ (Either select desired date
or use Search feature.)
Office of Transportation and Air Quality Web Site:
http://www.epa.gov/otaq/ (Look in ``What's New'' or under the specific
rulemaking topic.)
Please note that due to differences between the software used to
develop the document and the software into which the document may be
downloaded, changes in format, page length, etc. may occur.
FOR FURTHER INFORMATION CONTACT: Jeff Herzog, U.S. Environmental
Protection Agency, Assessment and Standards Division, 2000 Traverwood,
Ann Arbor, MI, 48105-2498. Telephone (734) 214-4227; Fax (734) 214-
4816; E-Mail herzog.jeff@epa.gov
SUPPLEMENTARY INFORMATION: This document concerns proposes changes to
the requirements on variability in the composition of additives
certified under the gasoline deposit control additive program. For
further information, including the rationale, administrative
requirements, statutory authority, and regulatory text for these
technical amendments, please see the information provided in the direct
final action that is located in the ``Rules and Regulations'' section
of this Federal Register publication.
Administrative Requirements
A. Administrative Designation
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether this regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines a ``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.
EPA has determined that this rule is not a ``significant regulatory
action''
[[Page 55906]]
under the terms of Executive Order 12866 and is therefore not subject
to OMB review.
B. Regulatory Flexibility
EPA determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with this rule. Today's proposed
rule would not have a significant impact on a substantial number of
small entities. Today's rule would simplify the requirements for
additive manufacturers under the gasoline deposit control program and
would not impose any significant new requirements. The regulatory
changes in today's rule would reduce the burden of compliance for all
affected parties.
C. 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 sections 202 and 205 of the
UMRA, EPA generally must prepare a written statement to accompany any
proposed and final rule that includes a federal mandate that may result
in expenditures by state, local, and tribal governments in the
aggregate, or by the private sector, of $100 million or more for 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 of 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. This proposed rule would impose no enforceable duties on
any of these governmental entities. Nothing in the regulatory
provisions in this proposed rule would significantly or uniquely affect
small governments. EPA has determined that this rule does not contain a
federal mandate that may result in expenditures of $100 million or more
in any one year for State, local, and tribal governments in the
aggregate, or the private sector in any one year. The amendments
contained in this proposed rule would simplify the requirements under
the gasoline deposit control program, and do not impose any significant
new requirements.
D. Compliance With the Paperwork Reduction Act
Today's proposed rule would not impose any new information
collection burden. No new information collection requirements would
result from the implementation of the provisions which are the subject
of this action.
The Office of Management and Budget (OMB) has previously approved
the information collection requirements of the EPA's Gasoline Deposit
Control Additive Program contained in 40 CFR Part 80 under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
has assigned OMB control number 2060-0275 (EPA ICR No. 1655.04).
Today's proposed rule would not result in a change in the requirements
contained in this ICR.
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.
Copies of the ICR documents may be obtained from Sandy Farmer,
Information Policy Branch; EPA; 401 M St., SW. (mail code 2136);
Washington, DC 20460 or by calling (202) 260-2740. Include the ICR and/
or OMB number in any correspondence.
E. Compliance With Executive Order 13045
This proposed rule is not subject to Executive Order 13045,
entitled ``Protection of Children from Environmental Health Risks and
Safety Risks'' (62 FR 19885, April 23, 1997), because it does not
involve decisions on environmental health risks or safety risks that
may disproportionately affect children.
F. Executive Order 13211 (Energy Effects)
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.
G. Consultation and Coordination With Indian Tribal Governments
On January 1, 2001, Executive Order 13084 was superseded by
Executive Order 13175. However, this proposed rule was developed during
the period when Executive Order 13084 was still in force, and so tribal
considerations were addressed under Executive Order 13084. In the event
that adverse comments are received on this proposal, we will address
any such comments received in a subsequent final rule based on the
proposed rule. Development of such a subsequent final rule will address
tribal considerations under Executive Order 13175.
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If the mandate is unfunded,
EPA must provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected and other representatives of
Indian tribal governments ``to provide meaningful and timely input in
the development of regulatory policies on matters that
[[Page 55907]]
significantly or uniquely affect their communities.''
This proposed rule would not significantly or uniquely affect the
communities of Indian tribal governments. As noted above, this proposed
rule would make minor technical changes to federal regulations that
would be implemented at the federal level and affects only obligations
on private industry. Accordingly, the requirements of Executive Order
13084 do not apply to this rule.
H. National Technology Transfer and 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 doing so would be inconsistent with
applicable law or would be 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. 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 does not involve technical standards.
Therefore, EPA did not consider the use of any voluntary consensus
standards.
I. 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. Section 211(d)(4)(A) of the CAA
prohibits States from prescribing or attempting to enforce controls or
prohibitions respecting any fuel characteristic or component if EPA has
prescribed a control or prohibition applicable to such fuel
characteristic or component under Section 211(c)(1) of the Act. This
rule merely modifies existing EPA detergent additive standards and
therefore will merely continue an existing preemption of State and
local law. Thus, Executive Order 13132 does not apply to this rule.
In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comment on this proposed rule
from State and local officials.
List of Subjects in 40 CFR Part 80
Environmental protection, Fuel additives, Gasoline deposit control
(detergent) additives, Gasoline, Motor vehicle pollution, Penalties,
Reporting and recordkeeping requirements.
Dated: October 24, 2001.
Christine Todd Whitman,
Administrator.
[FR Doc. 01-27589 Filed 11-2-01; 8:45 am]
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