Regulation of Fuels and Fuel Additives: Revision to the Oxygen
Maximum Standard for Reformulated Gasoline
[Federal Register: March 25, 1996 (Volume 61, Number 58)]
[Rules and Regulations]
[Page 12030-12041]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[AMS-FRL-5444-7]
RIN 2060-AG17
Regulation of Fuels and Fuel Additives: Revision to the Oxygen
Maximum Standard for Reformulated Gasoline
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rulemaking.
SUMMARY: The Environmental Protection Agency (EPA or the Agency) today
revises the regulations for reformulated gasoline in two ways. These
changes only apply to reformulated gasoline certified using the Simple
Model, which applies until January 1, 1998. First, the maximum allowed
level of oxygen in reformulated gasoline is set at 3.2 percent by
weight (``wt''), where a state notifies the Administrator that a limit
is needed for various air quality concerns. Second, absent such a state
notification, the maximum limit on oxygen content for reformulated
gasoline certified using the Simple Model would be that set by the
valid range limits of the Simple Model. In addition, the provisions of
section 211(f) of the Clean Air Act (``CAA'' or ``the Act'') continue
to apply to reformulated as well as other gasolines. These provisions
independently set a maximum oxygen content for motor vehicle gasoline.
EFFECTIVE DATE: This rule will be effective on March 18, 1996.
ADDRESSES: Materials relevant to this FRM are contained in Public
Docket No. A-95-29. Materials relevant to the reformulated gasoline
final rule are contained in Public Dockets A-91-02
[[Page 12031]]
and A-92-12. Public Docket A-93-49 contains materials relevant to the
renewable oxygenate requirement for reformulated gasoline; some of
these materials may also be relevant to today's action. These dockets
are located at Room M-1500, Waterside Mall (ground floor), U.S.
Environmental Protection Agency, 401 M Street SW., Washington, D.C.
20460. The docket may be inspected from 8:00 a.m. until 5:00 p.m.
Monday through Friday. A reasonable fee may be charged by EPA for
copying docket materials.
FOR FURTHER INFORMATION CONTACT: Christine M. Brunner, U.S. EPA, Fuels
and Energy Division, 2565 Plymouth Road, Ann Arbor, MI 48105.
Telephone: (313) 668-4287. To request copies of this document, contact
Delores Frank, U.S. EPA, Fuels and Energy Division, 2565 Plymouth Road,
Ann Arbor, MI 48105. Telephone: (313) 668-4295.
SUPPLEMENTARY INFORMATION:
I. Electronic Copies of Rulemaking Documents Through the Technology
Transfer Network Bulletin Board System (TTNBBS)
A copy of this notice is also available electronically on the EPA's
Office of Air Quality Planning and Standards (OAQPS) Technology
Transfer Network Bulletin Board System (TTNBBS). The service is free of
charge, except for the cost of the phone call. The TTNBBS can be
accessed with a dial-in phone line and a high-speed modem per the
following information:
TTN BBS: 919-541-5742
(1200-14400 bps, no parity, 8 data bits, 1 stop bit)
Voice Help-line: 919-541-5384
Accessible via Internet: TELNET ttnbbs.rtpnc.epa.gov
Off-line: Mondays from 8:00 AM to 12:00 Noon ET
A user who has not called TTN previously will first be required to
answer some basic informational questions for registration purposes.
After completing the registration process, proceed through the
following menu choices from the Top Menu to access information on this
rulemaking.
<T> GATEWAY TO TTN TECHNICAL AREAS (Bulletin Boards)
<M> OMS--Mobile Sources Information
<K> Rulemaking and Reporting
<3> Fuels
<9> File Area #9 * * * Reformulated gasoline
At this point, the system will list all available files in the
chosen category in reverse chronological order with brief descriptions.
These files are compressed (i.e., ZIPed). Today's notice can be
identified by the following title: OXCPFRM.ZIP. To download this file,
type the instructions below and transfer according to the appropriate
software on your computer:
<D>ownload, <P>rotocol, <E>xamine, <N>ew, <L>ist, or <H>elp Selection
or <CR> to exit: D filename.zip
You will be given a list of transfer protocols from which you must
choose one that matches with the terminal software on your own
computer. The software should then be opened and directed to receive
the file using the same protocol. Programs and instructions for dearchiving
compressed files can be found via <S>ystems Utilities from
the top menu, under <A>rchivers/de-archivers. After getting the files
you want onto your computer, you can quit the TTNBBS with the <G>oodbye
command. 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.
II. Introduction
A. Background
As stated in the proposal (NPRM) to this rule (60 FR 52135, October
5, 1995), 40 CFR 80.41 contains the standards for certification under
the reformulated gasoline program. Paragraph (g) of section 80.41
specified that reformulated gasoline designated as VOC-controlled (i.e.
for sale during the summertime ozone season) must have no more than 2.7
wt12xygen per gallon. The regulations further specified that if a
state notifies the Administrator that it wishes to have the oxygen
standard increased for VOC-controlled reformulated gasoline, a higher
cap of 3.5 wtwould be approved by the Administrator, provided that
there have been no occasions within the three preceding years when the
ozone ambient air quality standard was exceeded within any covered area
within the state. The requirements of this paragraph (g) apply to
reformulated gasoline certified under the Simple Model, which is
applicable until January 1, 1998.
In reexamining this reformulated gasoline provision, EPA determined
that the maximum oxygen content for VOC-controlled reformulated
gasoline generally was an unnecessary regulatory burden on gasoline and
oxygenate producers, and that the requirements for a state to choose a
higher oxygen level were also too rigid.
Therefore, EPA proposed to raise the maximum oxygen content of VOCcontrolled
reformulated gasoline to a higher oxygen level than was
allowed by the regulation. Additionally, EPA proposed that upon request
of the Governor to the Administrator, the maximum oxygen content of
reformulated gasoline sold in that state would be capped at a lower
level on the basis of air quality concerns. These two changes would
make the maximum oxygen content provisions for VOC-controlled
reformulated gasoline similar to those for non-VOC-controlled
reformulated gasoline.
Today's action promulgates the provisions contained in the NPRM,
with the exception that the references to the maximum oxygen content
allowed under section 211(f) of the Act are deleted as unnecessary.
This deletion does not change the substantive effect of the regulation.
The maximum oxygen content allowed under section 211(f) continues to
apply to reformulated gasoline and does not need to be referenced in
this regulatory provision. There are a number of benefits to be gained
by these changes to the regulation. These benefits include the
potential for reduced burden on the states and industry, reduced cost
of compliance with the reformulated gasoline requirements, and reduced
costs to consumers. Discussion of the changes promulgated today,
comments received on the proposal, and EPA's responses to these
comments are presented below.
B. Final Rule
The maximum cap on oxygen content is deleted from section 80.41(g),
so that the maximum amount of oxygen allowed in reformulated as well as
other gasolines would be that allowed under section 211(f) of the Act
subject to the limits of the valid range for use of the Simple
Model.<SUP>1 There is an exception to this general rule. Where a state
notifies the Administrator that the use of an