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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

 
 

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