Regulation of Fuel and Fuel Additives: Reformulated Gasoline Transition

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Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: February 26, 2002 (Volume 67, Number 38)]
[Rules and Regulations]
[Page 8729-8738]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26fe02-11]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[FRL-7147-1]
RIN 2060-AJ79

Regulation of Fuel and Fuel Additives: Reformulated Gasoline
Transition

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.

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SUMMARY: With today's action the Environmental Protection Agency (EPA)
is taking action to improve flexibility of refiners and terminal
operators during the springtime transition to summer grade reformulated
gasoline (RFG). Specifically, we are eliminating the requirements for
blendstock tracking and accounting. This change will increase refiners'
flexibility to transfer gasoline blendstocks, and help to improve the
responsiveness of the gasoline supply system, by removing some
significant refinery compliance and reporting burdens that are no
longer necessary.
Today's actions, in combination with other Agency actions, are
intended to help ease the annual spring transition from winter grade
RFG to summer grade RFG by promoting improved RFG inventories during
this transition period. These actions include EPA's future extension of
the 2% VOC enforcement tolerance to include the first turn of summer
grade RFG tanks at terminals, and EPA's recent final rule regarding the
procedures for using previously certified gasoline. In order to help
the public understand the relationship between today's actions and
these prior Agency actions, we briefly summarize these two related EPA
actions in the preamble to today's final rule.
We are also making certain technical modifications to existing
regulations. Specifically, we are updating certain ASTM designated
analytical test methods for reformulated and conventional gasoline to
their most recent ASTM version, and also updating several sampling
methods to their most recent ASTM version. These updates will allow
improvements in the test method procedures and sampling procedures that
will ensure better operation for the user of the test methods and
sampling procedures.
Finally, while EPA proposed to establish a new April 15 annual
compliance date for reformulated gasoline (RFG) and reformulated
blendstock for oxygenate blending (RBOB), we are not taking final
action on that proposal today.

DATES: This rule is effective April 29, 2002, except for the amendments
to 40 CFR 80.65, 80.92, 80.101, 80.102, 80.104, 80.105, 80.106, and
80.128 (sections dealing with the elimination of blendstock accounting)
which are effective February 26, 2002. For additional information on
the effective date, see SUPPLEMENTARY INFORMATION. The incorporation by
reference of certain publications in this rule is approved by the
Director of the Office of the Federal Register as of April 29, 2002.

FOR FURTHER INFORMATION CONTACT: For further information about this
rule, contact Chris McKenna, Chemical Engineer, Office of
Transportation and Air Quality, Transportation and Regional Programs
Division, at (202) 564-9037 or mckenna.chris@epa.gov.

SUPPLEMENTARY INFORMATION: EPA believes that it is appropriate to make
certain amendments in today's final rule effective immediately upon
today's publication in the Federal Register. This rule will not impose
an additional burden on regulated parties. By making these changes
effective immediately, refiners and terminals will be able to maximize
the opportunity to incorporate these changes within their operating
procedures, which should promote the availability of summer RFG during
this spring's transition period. These affected parties have stated
that they needed changes to be effective no later than early February
to allow sufficient lead time to affect this year's winter to summer
transition. EPA notes that the general requirement in 5 U.S.C. 553(d)
of the Administrative Procedure Act (APA), concerning publication or
service of a substantive rule not less than 30 days prior to its
effective date, does not apply here. CAA section 307(d)(1) provides
that section 553 of the APA does not apply to promulgation or revision
of any regulation pertaining to fuels or fuel additives under section
211 of the CAA. Even if section 553(d) of the APA were to apply, there
is good cause under section 553(d)(3) to provide less than 30 days
notice, for the reasons noted above.
The contents of today's preamble are listed in the following
outline.

I. Regulated Entities
II. Rule Changes
A. Elimination of Blendstock Accounting Requirements
B. Updating ASTM Designated Analytical Test Methods for
Reformulated and Conventional Gasoline to Their Most Recent ASTM
Version
C. Corrections to Gasoline and Diesel Sample Testing Methodology

[[Page 8730]]

III. Description of Related Agency Actions
A. Extension of the 2 Percent Testing Tolerance
B. Promulgation of Provisions for Using Previously Certified
Gasoline
IV. Provisions Not Finalized in Today's Rule
A. Proposed April 15 Terminal Receipt Date
B. Proposed Adjustment to the RVP Minimum for RFG
V. Administrative Requirements
A. Executive Order 12866
B. Executive Order 13132 (Federalism)
C. Executive Order 13175 (Consultation and Coordination With
Indian Tribal Governments)
D. Regulatory Flexibility Act (RFA), as Amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 USC
601 et seq.
E. Paperwork Reduction Act
F. Unfunded Mandates Reform Act
G. Executive Order 13045: Children's Health Protection
H. National Technology Transfer and Advancement Act of 1995
(NTTAA)
I. Executive Order 13211 (Energy Effects)
J. Congressional Review Act
VI. Statutory Provisions and Legal Authority

I. Regulated Entities

Entities potentially affected by this action include those involved
with the production, importation, distribution, sale and storage of
gasoline motor fuel.
The table below gives some examples of entities that may have to
comply with the regulations. However, since these are only examples,
you should carefully examine these and other existing regulations in 40
CFR part 80. If you have any questions, please call the person listed
in the FOR FURTHER INFORMATION CONTACT section above.

----------------------------------------------------------------------------------------------------------------
NAICS codes Examples of potentially regulated
Category \1\ SIC codes parties
------------------------------------------------------------------\2\-------------------------------------------
Industry..................................... 324110 2911 Petroleum refiners.
Industry..................................... 422710 5171 Gasoline Marketers and Distributors.
422720 5172
----------------------------------------------------------------------------------------------------------------
\1\ North American Industry Classification System (NAICS).
\2\ Standard Industrial Classification (SIC) system code.

II. Rule Changes

A. Elimination of Blendstock Accounting Requirements

The current blendstock tracking and accounting requirements in
Sec. 80.102 were included in the RFG/anti-dumping regulations out of a
concern that refineries with 1990 baselines cleaner than the anti-
dumping statutory baseline might transfer dirty gasoline blendstocks to
refineries with dirtier baselines because such refineries would be
better able to use the dirty blendstocks while still meeting their
anti-dumping baseline. Under the current regulations, if a cleaner
refinery transfers large quantities of certain dirty blendstocks to
another refinery, the cleaner refinery must account for all of the
blendstocks it produces and transfers in its anti-dumping compliance
calculations in specified subsequent annual averaging periods. Thus,
the cleaner refinery would not be able to evade its more stringent
baseline by transferring blendstocks.
In the Notice of Proposed Rulemaking (NPRM) (66 FR 6163, December
3, 2001), we determined, based on a recent analysis of the current
blendstock tracking and accounting requirements in Sec. 80.102 \1\,
that, under most circumstances, refineries today would have little or
no incentive to transfer blendstocks to other refineries for the
purpose of evading a more stringent baseline.\2\ We also concluded that
the current blendstock tracking and accounting requirements create
significant additional compliance and reporting burdens, and, in some
cases, may have the effect of deterring refiners or importers from
transferring gasoline blendstocks that they otherwise would transfer in
the normal course of business in response to legitimate supply concerns
and other refinery needs. Therefore, we concluded that the existing
blendstock tracking and accounting requirements were unnecessary and
that eliminating those requirements may help to improve the
responsiveness of the gasoline supply system by increasing refiners'
flexibility to transfer gasoline blendstocks. As a result, we proposed
to eliminate the current blendstock tracking and accounting
requirements in Sec. 80.102.
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\1\ See Draft Technical Support Document: Analysis of regulation
to establish new date for receipt of summer grade RFG at terminals,
Air Docket A-2001-21, Document Number II-B-1.
\2\ When a refinery produces more total gasoline than that
produced in 1990, the additional gasoline over and above the
refinery's 1990 baseline volume must meet the statutory baseline
regardless of the refinery's individual baseline. Since nearly all
refineries currently produce significantly more gasoline than they
produced in 1990, EPA believes that the blendstock transfers that
are likely to occur today will be between donor and recipient
refineries whose total production is well above 1990 baseline volume
levels with or without a transfer. If transfers under these
conditions occur between refiners producing only CG, there will be
no net change in the quality of their combined CG pool because the
donor refiner's gallons at the statutory baseline would be replaced
by the recipient refiner's gallons at this same baseline. Thus,
there would likely be no motivation or opportunity for ``gaming the
system'' under these circumstances. Where either or both refiners
make RFG and CG, there is some potential for meeting a slightly
lower baseline by transferring blendstocks. However, it is unlikely
that there would ever be any impact more significant than a small
decrease in the stringency of compliance requirements, meaning that
the gaming possibilities of such a transfer are very small, and thus
any such transfers would produce only very small economic benefits
which may be more than offset by the transactional costs associated
with the transfer. As a result, the transfer of blendstocks from one
refinery to another where both refineries produce more gasoline than
they did in 1990 has very little potential to cause any adverse
environmental impact.
Additionally, EPA has carefully examined individual refinery
situations and has concluded that for the very limited number of
refineries producing volumes where a transfer could result in some
increased emissions, there is little possibility for gaming since
clean/dirty refinery baseline pairs within a specific emission
category (NO_X or toxics) are very uncommon. (i.e, for
NO_X and toxics, almost all members of this refinery
subset are clean for one pollutant and dirty for the other severely
limiting any opportunity for gaming.
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We continued to have concern that a refinery with a baseline more
stringent than the anti-dumping statutory baseline could create an off-
site terminal blending facility acting as a refinery for the sole
purpose of certifying gasoline at the less stringent anti-dumping
statutory baseline. To address this limited situation in which
blendstock transfers could possibly be undertaken for the purpose of
evading a more stringent baseline, we proposed to replace the existing
provisions with a significantly less restrictive program for regulating
blendstock transfers. Our proposed program would have required a
refinery with a baseline that is more stringent than the anti-dumping
statutory baseline, and that produces less gasoline than its 1990
baseline volume during the annual averaging period,\3\ to petition

[[Page 8731]]

EPA for approval to transfer specified dirty blendstocks in excess of
five percent of the refinery's annual production. Under the proposal,
the refinery would be required to demonstrate that such blendstock
transfers were for a legitimate operational purpose.
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\3\ As discussed in footnote 2 above, there is likely to be no
motivation or opportunity to transfer blendstocks for the purpose of
evading a more stringent baseline where the refinery produces more
gasoline than its 1990 baseline volume during the annual averaging
period. Only in situations where a refinery produces less than its
1990 baseline volume would there be any incentive to transfer
blendstocks for the purpose of evading a more stringent baseline.
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We received several comments on the details of the proposed
petition requirements. We also received a number of comments
recommending that EPA totally eliminate any requirements relating to
blendstock transfers. These commenters believe that restrictions on
blendstock transfers are unnecessary, particularly in light of the new
toxics requirements under the Mobile Source Air Toxics (MSAT) \4\ rule
and the new controls on sulfur under the Tier 2 Gasoline Sulfur (Tier
2) \5\ rule. These commenters believe these rules will have the effect
of imposing more stringent toxics and NO_X performance
requirements on conventional gasoline (CG) than currently required
under the anti-dumping program.
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\4\ 66 FR 17230 (March 29, 2001).
\5\ 65 FR 6698 (February 10, 2000).
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We have reconsidered our proposal in light of the comments we
received. We agree that the MSAT and Tier 2 rules, in most situations,
will result in more stringent toxics and NO_X performance for
conventional gasoline than the current anti-dumping requirements. We
believe that these rules, in combination with the fact that almost all
refiners now produce greater volumes of gasoline than they did in 1990,
will virtually eliminate any potential for refiners to engage in
blendstock transfers that would degrade the quality of conventional
gasoline. The recently promulgated MSAT rule for example, which is
effective beginning in 2002, requires each refinery to meet a
performance standard for toxic air emissions for CG and RFG equivalent
to the actual performance of that refinery's CG or RFG during the
baseline years 1998, 1999, and 2000. This rule also establishes a
default toxics baseline, based on the national average for toxics
emissions performance during the baseline years for refineries that are
unable to establish an individual toxics baseline. Because the new MSAT
default baseline is more stringent than the anti-dumping statutory
exhaust toxics baseline, only a refinery with a toxics baseline that is
more stringent than the MSAT default baseline would have any incentive
to transfer dirty blendstocks to a newly created terminal/refinery
facility (which would be subject to the MSAT default baseline) for the
purpose of evading its more stringent toxics baseline.
We believe that the more stringent sulfur standards under the Tier
2 rule will have a similar effect with regard to the potential for
refiners and importers to use blendstock transfers as a means of
evading a more stringent NO_X anti-dumping baseline. Since
all refiners and importers (with certain exceptions in the early years
of the Tier 2 program) will be subject to an annual average sulfur
standard of 30 ppm, and because removal of sulfur tends to reduce
NO_X emissions from gasoline, generally under Tier 2 refiners
are likely to produce gasoline that has better NO_X
performance. Thus, we believe the low sulfur requirements also will
tend to reduce the incentive to transfer dirty blendstocks to another
refinery, including a new terminal/refinery facility, for the purpose
of evading a more stringent NO_X baseline. In any event, we
believe that the cost of creating a new terminal/refinery facility as
described above for the purpose of evading a more stringent baseline
would likely outweigh any possible economic benefit.
In light of these observations, we believe that the blendstock
tracking and accounting provisions now have no significant independent
utility in the context of the RFG/anti-dumping program. Because these
provisions present a potentially significant burden for refiners, and
may result unnecessarily in added rigidity in the gasoline production
and distribution system, we have decided to eliminate these blendstock
tracking and accounting provisions altogether.
Accordingly, today's final rule deletes the current blendstock
tracking and accounting requirements in Sec. 80.102, and does not
replace them with any other restrictions on blendstock transfers.
However, we intend to closely monitor situations in which new terminal/
refinery facilities are created to determine if such facilities are
being created for the purpose of evading a more stringent baseline. If
we find that such facilities are being created for this purpose, we may
reinstate the blendstock accounting requirements or impose other
appropriate restrictions on blendstock transfers in the future.

B. Updating ASTM Designated Analytical Test Methods for Reformulated
and Conventional Gasoline to Their Most Recent ASTM Version

Refiners, importers and oxygenate blenders producing gasoline are
required to test RFG and CG for various fuel parameters like olefins,
distillation points, benzene and RVP. During the federal RFG
rulemaking, and in response to comments by the regulated industry, EPA
designated analytical test methods that the Agency would use for
enforcement and compliance purposes. See 40 CFR 80.46 (59 FR 7813
(February 16, 1994)). On December 3, 2001, the Agency proposed to
update certain designated analytical test methods for measuring
olefins, RVP, Distillation, and oxygen and oxygenate content analysis
in reformulated and conventional gasoline.
The American Petroleum Institute (API), the National Petroleum
Refiners Association (NPRA), and several refiners commented in support
of updating certain analytical test methods in the proposal with
caveats. One commenter also requested that an adequate transition time
be provided for industry to become familiar with the ASTM test methods
before they are required to implement them. Therefore, the Agency today
is making the test method changes 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 test methods. Table 3 lists the
designated analytical test methods which are being updated for each
gasoline parameter measured under RFG and CG fuels program in today's
final rule. We have reviewed these newer versions of the ASTM test
methods. We believe that the revisions in the newer versions of the
ASTM designated test methods 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.

[[Page 8732]]

Table 3.--Designated Analytical Test Method Under RFG and CG Fuel Programs
----------------------------------------------------------------------------------------------------------------
Fuel parameter Designated analytical test method
----------------------------------------------------------------------------------------------------------------
Olefins.................................................................... ASTM D 1319-98, entitled,
``Standard Test Method for
Hydrocarbon Types in Liquid
Petroleum Products by Fluorescent
Indicator Absorption''.
Reid Vapor Pressure........................................................ ASTM D 5191-01, entitled,
``Standard Test Method for Vapor
Pressure of Petroleum Products
(Mini Method)'', except that the
following correlation equation be
used with ASTM D 5191-01:
RVP psi = (0.956*X)-0.347
RVP kPa = (0.956*X)-2.39
Where:
X=total measured vapor pressure in
psi or kPa
Distillation............................................................... ASTM D 86-01, entitled, ``Standard
Test Method for Distillation of
Petroleum Products at Atmospheric
Pressure''.
Oxygen and Oxygen content analysis......................................... ASTM D 5599-00, entitled,
``Standard Test Method for
Determination of Oxygenates in
Gasoline by Gas Chromatography and
Oxygen Selective Flame Ionization
Detection''.\1\
Aromatics.................................................................. ASTM D 5769-98, entitled,
``Standard Test Method for
Determination of Benzene, Toluene,
and Total Aromatics in Finished
Gasolines by Gas Chromatography/
Mass Spectrometry'', except that
the sample chilling requirements
in section 8 of this method be
optional.\2\
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\1\ Prior to September 1, 2004, and when oxygenates are limited to MTBE, ETBE, TAME, DIPE, tertiary-amyl
alcohol, and C₁ and C₄ alcohols, any refiner, importer, or oxygenate blender may determine oxygenate content
using ASTM standard method D 4815-99, entitled, ``Standard Test Method for Determination of MTBE, TAME,
tertiary-amyl Alcohol and C₁ and C₄ Alcohols in Gasoline by Gas Chromatography'' provided the result is
correlated to ASTM D 5599-00.
\2\ Prior to September 1, 2004, any refiner, or importer may determine aromatics content using ASTM standard
method D 1319-99, entitled, ``Standard Test Method for Hydrocarbon Types in Liquid Petroleum Products by
Fluorescent Indicator Absorption'' provided the result is correlated to ASTM D 5769-98.

A detailed discussion of all the comments received on the testing
methods, alternatives to those we are promulgating today, and our
reasons for selection of the test methods in Table 3 are contained in
the Response to Comments document for this rulemaking (see item V-C-1
in Docket A-2001-21).

C. Corrections to Gasoline and Diesel Sample Testing Methodology

40 CFR Part 80, Appendices D and G, specify sampling procedures for
gasoline and diesel fuel for all motor vehicle fuel programs under 40
CFR Part 80, including the programs for unleaded gasoline, gasoline
volatility, diesel sulfur, RFG, and anti-dumping. We proposed to
replace the sampling procedures in Appendices D and G with the
following ASTM standard practices:
D 4057-95(2000), ``Standard Practice for Manual Sampling
of Petroleum and Petroleum Products;''
D 4177-95(2000), ``Standard Practice for Automatic
Sampling of Petroleum and Petroleum Products;''
D 5842-95(2000), ``Standard Practice for Sampling and
Handling of Fuels for Volatility Measurements;'' and
D 5854-96(2000), ``Standard Practice for Mixing and
Handling of Liquid Samples of Petroleum and Petroleum Products.''
These changes were formerly proposed in ``Regulation of Fuels and
Fuel Additives: Modifications to Standards and Requirements for
Reformulated and Conventional Gasoline--Proposed Rule,'' 62 FR 37338
(July 11, 1997), although these provisions were never finalized. Since
we are updating various other test methods via this notice, it is
logical to consider sampling methodologies here as well.
Appendices D and G of 40 CFR Part 80 were adopted from the 1981
version of D 4057. Over time, however, ASTM has updated D 4057, and
these changes are not reflected in Appendices D and G.
EPA received several supportive comments for adopting the ASTM
sampling methods as proposed. One commenter also requested that an
adequate transition time be provided for industry to become familiar
with the ASTM sampling methods before they are required to implement
them. Therefore, the Agency today is making the sampling method changes
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
sampling methods.
Thus, EPA is today adopting three ASTM methods in addition to D
4057-95(2000) as proposed in order to include procedures that address a
broad scope of sampling situations that are relevant to EPA's motor
vehicle fuels programs. D 4177-95(2000) deals with automatic sampling
of petroleum products, which is relevant under the anti-dumping
regulations for refiners who produce conventional gasoline using an in-
line blending operation where automatic sampling is necessary.
Similarly, D 5842-95(2000) deals with sampling and sample handling for
volatility measurement, which is relevant to determining compliance
with the volatility standards in Sec. 80.27 and the RFG standards in
Sec. 80.41. Last, D 5854-96(2000) deals with the creation of composite
samples, which is relevant under the RFG and anti-dumping programs in
certain situations involving imported gasoline where the gasoline from
multiple ship compartments is treated as a single batch.
We believe it is appropriate to replace Appendices D and G with
ASTM standard practices. The current ASTM practices reflect up-to-date
procedures, which if followed would result in improved sample quality
for regulatory purposes. In addition, today's adoption of industry
standard procedures reduces the regulatory burden because parties would
be able to follow their customary practices when meeting regulatory
requirements.

III. Description of Related Agency Actions

Two other actions by EPA, in combination with today's final
actions, are also expected to help to facilitate the annual spring
transition from winter grade RFG to summer grade RFG by increasing RFG
inventories during this transition period. These are not final
regulatory actions being taken in today's final rule, but are separate
and independent Agency actions that are related to today's final
actions in intent and effect.

[[Page 8733]]

A. Extension of the 2 Percent Testing Tolerance

RFG at facilities upstream of retail outlets must meet the
standards for VOC emissions performance from May 1 through September 15
each year, and additionally at retail outlets from June 1 through
September 15 each year. These standards are a minimum 25% reduction in
VOC emissions in southern RFG areas and a minimum 23.4% reduction in
northern RFG areas. EPA has allowed a 2% tolerance when evaluating
compliance with these standards at locations downstream of refineries
since, due to testing variability, a refiner's test results could show
compliance for some particular RFG, yet a downstream party's test
results could show noncompliance for that same RFG. This 2% tolerance
has applied at terminals only after a terminal has obtained a test
result showing compliance with the VOC standard without application of
the tolerance.
Since it is not a regulatory provision, no mention was made in the
NPRM of allowing use of the 2% testing tolerance for the VOC
performance standard for the first tank of RFG at terminals classified
as VOC controlled. Nonetheless, several commenters mentioned that such
an extension of the existing enforcement tolerance would provide more
help in easing the seasonal transition from winter to summer RFG than
any of the actions that EPA proposed (including the terminal receipt
date). Moreover, commenters pointed out that the 2% tolerance is
already applied to subsequent tanks of summer RFG at terminals after
the first tank of summer RFG, and its extension would have no adverse
impact on the overall emission characteristics of summer grade RFG. EPA
agrees, in general, with the commenters, and is planning to issue
guidance to extend applicability of the 2% enforcement tolerance to
cover the first tank of RFG classified as VOC controlled at terminals.
This extension of EPA's enforcement tolerance will help to increase
flexibility for terminals during the crucial period of seasonal
transitions for the first tank of RFG at terminals classified as VOC
controlled, the tank for which terminals typically have the most
difficulty meeting the VOC standard. This extension should help provide
some relief in meeting the VOC standard for tanks which may contain a
small amount of residual non-VOC controlled RFG (the tank ``heel'')
prior to refilling the tank with VOC-controlled RFG, tanks which may
have slightly missed meeting the VOC performance standards without the
2% tolerance.

B. Promulgation of Provisions for Using Previously Certified Gasoline

In December of 2001, EPA finalized a rule to permit
reclassification of previously certified gasoline (PCG) (66 FR 67098,
December 28, 2001). This rule allows extremely ``clean'' conventional
gasoline (CG) to be reclassified as RFG, winter RFG to be reclassified
as summer RFG, and VOC Region 2 RFG to be reclassified as Region 1 RFG
in a manner that eliminates the potential for degrading the emissions
performance of the various gasoline pools. The PCG rule will provide
refiners with greater flexibility to potentially increase summer RFG
production during the transition by allowing reclassification of winter
RFG to summer RFG.

IV. Provisions Not Finalized in Today's Rule

A. Proposed April 15 Terminal Receipt Date

In EPA's December 3, 2001, notice of proposed rulemaking, EPA
proposed a new April 15 date on or after which no persons except
retailers and wholesale purchaser consumers would be able to accept
receipt of any RFG or RBOB other than summer grade RFG or RBOB. We also
solicited comment on (1) the elimination or delay of the May 1 up-
stream compliance date, (2) establishment of April 1 as the terminal
receipt date (rather than April 15), (3) establishment of a two step
turnover process for terminals, and (4) establishing an April 15
terminal receipt date but limiting it to the Chicago/Milwaukee RFG
areas.
EPA received numerous comments on this part of the proposal.
Commenters generally believed that any such changes would be unlikely
to have beneficial effects on gasoline supply during the seasonal
transition period, and many commenters expressed concern that changes
in the regulatory scheme too close to the beginning of the summer ozone
season could actually complicate the transition. EPA recognizes that
there are many complicated factors, in addition to EPA's compliance
deadlines, that have an impact on gasoline supply during the seasonal
transition period, including some EPA was unaware of when this rule was
proposed. EPA wants to more fully understand these factors before
making any final decisions about whether to adopt a different
compliance deadline (or deadlines) for terminals or others. Therefore,
EPA is not taking any final action today on the proposed April 15
terminal receipt date. A detailed discussion of EPA's decision is
included in the response to comments (item V-C-1 in Docket A-2001-21).

B. Proposed Adjustment to the RVP Minimum for RFG

In the notice of proposed rulemaking, EPA asked for comment on
reducing the minimum allowable RVP for summer RFG from 6.4 to 6.0 psi,
as an additional means of helping ease the winter to summer RFG
transition. EPA has decided not to take any final action on this item
at this time. A more detailed discussion of EPA's decision is included
in the response to comments (item V-C-1 in Docket A-2001-21).

V. Administrative Requirements

A. Executive Order 12866

Under Executive Order 12866, (58 FR 51735 (October 4, 1993)) the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``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.
Pursuant to the terms of Executive Order 12866, we have determined
that this final rule is not a significant regulatory action.

B. 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

[[Page 8734]]

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 distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. The final rule eliminates the
existing blendstock accounting requirements at 40 CFR 80.102 and
updates ASTM test methods to their most recent version. Thus, Executive
Order 13132 does not apply to this final 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 final rule from
State and local officials.

C. Executive Order 13175 (Consultation and Coordination With Indian
Tribal Governments)

Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, November 6, 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.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
This final rule does not have tribal implications. It will not have
substantial direct effects on tribal governments, on the relationship
between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
This rule applies to gasoline refiners, blenders and importers that
supply gasoline to RFG areas. Today's action modifies the Federal RFG
requirements, and does not impose any enforceable duties on communities
of Indian tribal governments. Thus, Executive Order 13175 does not
apply to this rule.

D. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.

The 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 that has not
more than 1,500 employees (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 final rule on
small entities, we believe that this action will not have a significant
economic impact on a substantial number of small entities. We have
determined that no small entities will experience an impact from this
proposal.
Although this final rule will not have a significant impact on a
substantial number of small entities, EPA has nonetheless tried to
reduce the impact of this rule on small entities. We continue to be
interested in the potential impacts of the final rule on small entities
and welcome comments on issues related to such impacts.

E. Paperwork Reduction Act

The information collection requirements in this final rule will be
submitted for approval to the Office of Management and Budget (OMB)
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An
Information Collection Request (ICR) document has been prepared by EPA
(OMB # 2060-0277, EPA ICR No. 1591.15) and a copy may be obtained from
Susan Auby by mail at Collection Strategies Division; U.S.
Environmental Protection Agency (2822); 1200 Pennsylvania Ave., NW.,
Washington, DC 20460, by e-mail at auby.susan@epamail.epa.gov, or by
calling (202) 260-4901. A copy may also be downloaded off the Internet
at
http://www.epa.gov/icr.
Today's action eliminates the current blendstock tracking and
accounting provisions of the RFG/anti-dumping regulations. The
information collection hour burden associated with the current
blendstock tracking and accounting provisions is estimated to be 24
hours per respondent to track blendstock transfers and prepare each
blendstock accounting report, and 80 hours per respondent to prepare a
request for a waiver of the blendstock accounting requirements (under
extreme or unusual circumstances). The respondent cost associated with
the current blendstock tracking and accounting requirements is
estimated to be $60 per hour for blendstock tracking and preparation of
each blendstock accounting report and blendstock accounting waiver
request. The total information collection hour burden associated with
the current blendstock tracking and accounting provisions is estimated
to be 4,880 hours per year. This is based on an estimate of 200
respondents at 24 hours for blendstock tracking and preparation of
blendstock accounting reports, and one respondent at 80 hours for
preparation of blendstock accounting waiver requests. This hour burden
is eliminated by today's action. The total cost burden associated with
the current blendstock tracking and accounting provisions is estimated
to be $292,800 per year (4,880 hours x $60 per hour). This cost
burden is eliminated by today's action.
Regarding recordkeeping and reporting burdens, in a letter dated
December 12, 2000, the National Petrochemical & Refiners Association
(NPRA) commented on EPA's draft Information Collection Request for
reformulated and conventional gasoline reporting. 65 FR 60939 (October
13, 2000). In the letter, NPRA made several requests relating to the
RFG program's current information collection burden. Although today's
action does not address all of NPRA's requests, as discussed above,
today's action eliminates all of the current burden associated with the
RFG program's anti-dumping blendstock tracking and accounting
requirements. The current blendstock provisions impose substantial
recordkeeping and reporting burdens on refiners who transfer
blendstocks. These recordkeeping and reporting burdens may have had the
effect of deterring refiners from transferring such blendstocks.
Today's action eliminates these burdens for all refiners. We believe
this reduction in information collection burden will result in a more
free exchange of blendstocks.
OMB has approved the information collection requirements contained
in the final RFG/anti-dumping rulemaking

[[Page 8735]]

(See 59 FR 7716 (February 16, 1994) and has assigned OMB control number
2060-0277 (EPA ICR No. 1591.13). EPA ICR 1591.14 associated with this
rule will be encompassed in the next renewal of ICR 1591.13.
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 are
listed in 40 CFR part 9 and 48 CFR Chapter 15.

F. 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 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 final 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. The final rule would impose
no enforceable duty on any State, local or tribal governments or the
private sector. This final rule applies to gasoline refiners, blenders
and importers that supply gasoline to RFG areas.

G. Executive Order 13045: Children's Health Protection

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. National Technology Transfer and Advancement Act of 1995 (NTTAA)

Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law No. 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 final rulemaking involves environmental monitoring or
measurement. Consistent with the Agency's Performance Based Measurement
System (``PBMS''), EPA proposes not to require the use of specific,
prescribed analytic methods. Rather, the Agency plans to allow the use
of any method that meets the prescribed performance criteria. The PBMS
approach is intended to be more flexible and cost-effective for the
regulated community; it is also intended to encourage innovation in
analytical technology and improved data quality. EPA is not precluding
the use of any method, whether it constitutes a voluntary consensus
standard or not, as long as it meets the performance criteria
specified.
This final rule will update certain designated analytical test
methods to their most recent ASTM version for the RFG program. Today's
action does not establish new technical standards or analytical test
methods, although it does update certain ASTM test methods and sampling
methods to their current versions. To the extent that this action would
allow the use of standards developed by voluntary consensus bodies
(such as ASTM) this action would further the objectives of the NTTAA.
The Agency plans to address the objectives of the NTTAA more broadly in
an upcoming rulemaking to establish performance-based criteria for
qualification of alternative analytical test methods.

I. Executive Order 13211 (Energy Effects)

This rule is not an economically ``significant energy action'' as
defined in Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)) because it does not have a significant adverse effect
on the supply, distribution, or use of energy. EPA is allowing
additional flexibility for refiners to transfer blendstocks, which
should allow refiners to better respond to fluctuations in gasoline
supply or demand.

[[Page 8736]]

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(a).

VI. Statutory Provisions and Legal Authority

Statutory authority for today's final rule comes from sections
211(c) and 211(k) of the CAA (42.U.S.C. 7545(c) and (k)). Section
211(c) allows 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
conventional gasoline and requires EPA to promulgate regulations
establishing these requirements. Additional support for the procedural
aspects of the fuels controls in today's rule comes from sections
114(a) and 301(a) of the CAA.

List of Subjects in 40 CFR Part 80

Environmental protection, Fuel additives, Gasoline, Imports,
Incorporation by reference, Labeling, Motor vehicle pollution,
Penalties, Reporting and recordkeeping requirements.

Dated: February 11, 2002.
Christine Todd Whitman,
Administrator.
For the reasons set forth in the preamble, part 80 of title 40,
chapter I of the Code of Federal Regulations is amended as follows:

PART 80--REGULATION OF FUELS AND FUEL ADDITIVES

1. The authority citation for part 80 continues to read as follows:

Authority: 42 U.S.C. 7414, 7545, and 7601(a).

2. Section 80.8 is added to Subpart A to read as follows:

Sec. 80.8 Sampling methods for gasoline and diesel fuel.

The sampling methods specified in this section shall be used to
collect samples of gasoline and diesel fuel for purposes of determining
compliance with the requirements of this part.
(a) Manual sampling. Manual sampling of tanks and pipelines shall
be performed according to the applicable procedures specified in
American Society for Testing and Materials (ASTM) method D 4057-
95(2000), entitled ``Standard Practice for Manual Sampling of Petroleum
and Petroleum Products.''
(b) Automatic sampling. Automatic sampling of petroleum products in
pipelines shall be performed according to the applicable procedures
specified in ASTM method D 4177-95(2000), entitled ``Standard Practice
for Automatic Sampling of Petroleum and Petroleum Products.''
(c) Sampling and sample handling for volatility measurement.
Samples to be analyzed for Reid Vapor Pressure (RVP) shall be collected
and handled according to the applicable procedures in ASTM method D
5842-95(2000), entitled ``Standard Practice for Sampling and Handling
of Fuels for Volatility Measurement.''
(d) Sample compositing. Composite samples shall be prepared using
the applicable procedures in ASTM method D 5854-96(2000), entitled
``Standard Practice for Mixing and Handling of Liquid Samples of
Petroleum and Petroleum Products.''
(e) Incorporations by reference. ASTM standard practices D 4057-
95(2000), D 4177-95(2000), D 5842-95(2000), and D 5854-96(2000), are
incorporated by reference. These incorporations by reference were
approved by the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the
American Society for Testing and Materials, 100 Barr Harbor Dr., West
Conshohocken, PA 19428-2959. Copies may be inspected at the Air Docket
Section (LE-131), room M-1500, U.S. Environmental Protection Agency,
Docket No. A-97-03, 401 M Street, SW., Washington, DC 20460, or at the
Office of the Federal Register, National Archives and Records
Administration, 800 North Capitol Street, NW., Suite 700, Washington,
DC.

3. Section 80.27 is amended by revising paragraphs (b) and (d)(2)
to read as follows:

Sec. 80.27 Controls and prohibitions on gasoline volatility.

* * * * *
(b) Determination of compliance. Compliance with the standards
listed in paragraph (a) of this section shall be determined by the use
of the sampling methodologies specified in Sec. 80.8 and the testing
methodology specified in Sec. 80.46(c).
* * * * *
(d) * * *
(2) In order to qualify for the special regulatory treatment
specified in paragraph (d)(1) of this section, gasoline must contain
denatured, anhydrous ethanol. The concentration of the ethanol,
excluding the required denaturing agent, must be at least 9% and no
more than 10% (by volume) of the gasoline. The ethanol content of the
gasoline shall be determined by the use of one of the testing
methodologies specified in Sec. 80.46(g). The maximum ethanol content
shall not exceed any applicable waiver conditions under section 211(f)
of the Clean Air Act.
* * * * *

4. Section 80.28 is amended by revising paragraphs (g)(2)(ii) and
(g)(4)(i) to read as follows:

Sec. 80.28 Liability for violations of gasoline volatility controls
and prohibitions.

* * * * *
(g) * * *
(2) * * *
(ii) Test results using the sampling methodology set forth in
Sec. 80.8 and the testing methodology set forth in Sec. 80.46(c), or
any other test method where adequate correlation to Sec. 80.46(c) is
demonstrated, which show evidence that the gasoline determined to be in
violation was in compliance with the applicable standard when it was
delivered to the next party in the distribution system.
* * * * *
(4) * * *
(i) Test results using the sampling methodology set forth in
Sec. 80.8 and the testing methodology set forth in Sec. 80.46(c), or
any other test method where adequate correlation to Sec. 80.46(c) is
demonstrated, which show evidence that the gasoline determined to be in
violation was in compliance with the applicable standard when
transported from the refinery.
* * * * *

5. Section 80.40 is amended by revising paragraph (c)(1) to read as
follows:

Sec. 80.40 Fuel certification procedures.

* * * * *
(c)(1) ``Adjusted VOC gasoline'' for purposes of the general
requirements in Sec. 80.65(d)(2)(ii), and the certification procedures
in this section is gasoline

[[Page 8737]]

that contains 10 volume percent ethanol, or RBOB intended for blending
with 10 volume percent ethanol, that is intended for use in the areas
described at Sec. 80.70(f) and (i), and is designated by the refiner as
adjusted VOC gasoline subject to less stringent VOC standards in
Sec. 80.41(e) and (f). In order for ``adjusted VOC gasoline'' to
qualify for the regulatory treatment specified in Sec. 80.41(e) and
(f), reformulated gasoline must contain denatured, anhydrous ethanol.
The concentration of the ethanol, excluding the required denaturing
agent, must be at least 9% and no more than 10% (by volume) of the
gasoline. The ethanol content of the gasoline shall be determined by
use of one of the testing methodologies specified in Sec. 80.46(g).
* * * * *

6. Section 80.46 is amended by revising paragraphs (b), (c), (d),
(f), (g) and (h) to read as follows:

Sec. 80.46 Measurement of reformulated gasoline fuel parameters.

* * * * *
(b) Olefins. Olefin content shall be determined using ASTM standard
method D 1319-98, entitled ``Standard Test Method for Hydrocarbon Types
in Liquid Petroleum Products by Fluorescent Indicator Adsorption.''
(c) Reid vapor pressure (RVP). Reid vapor pressure (RVP) shall be
determined using ASTM standard method D 5191-01, entitled ``Standard
Test Method for Vapor Pressure of Petroleum Products (Mini Method),''
except that the following correlation equation must be used:

RVP psi = (0.956 * X) -0.347
RVP kPa = (0.956 * X) -2.39

Where:
X = total measured vapor pressure in psi or kPa.

(d) Distillation. Distillation parameters shall be determined using
ASTM standard method D 86-01, entitled'' Standard Test Method for
Distillation of Petroleum Products at Atmospheric Pressure.''
* * * * *
(f)(1) Aromatic content shall be determined using ASTM D 5769-98,
entitled, ``Standard Test Method for Determination of Benzene, Toluene,
and Total Aromatics in Finished Gasolines by Gas Chromatography/Mass
Spectrometry'', except that the sample chilling requirements in section
8 of this standard method are optional.
(2) [Reserved]
(3) (i) Prior to September 1, 2004, any refiner or importer may
determine aromatics content using ASTM standard method D 1319-99,
entitled ``Standard Test Method for Hydrocarbon Types in Liquid
Petroleum Products by Flourescent Indicator Adsorption,'' for purposes
of meeting any testing requirement involving aromatics content;
provided that
(ii) The refiner or importer test result is correlated with the
method specified in paragraph (f)(1) of this section.
(g) Oxygen and oxygenate content analysis. (1) Oxygen and oxygenate
content shall be determined using ASTM standard method D 5599-00,
entitled ``Standard Test Method for Determination of Oxygenates in
Gasoline by Gas Chromatography and Oxygen Selective Flame Ionization
Detection.''
(2) (i) Prior to September 1, 2004, and when the oxygenates present
are limited to MTBE, ETBE, TAME, DIPE, tertiary-amyl alcohol and
C₁ to C₄ alcohols, any refiner, importer, or
oxygenate blender may determine oxygen and oxygenate content using ASTM
standard method D 4815-99 entitled ``Standard Test Method for
Determination of MTBE, ETBE, TAME, DIPE, tertiary-Amyl Alcohol, and
C₁ to C₄ Alcohols in Gasoline by Gas
Chromatography,'' for purposes of meeting any testing requirement;
provided that
(ii) The refiner or importer test result is correlated with the
method specified in paragraph (g)(1) of this section.
(h) Incorporations by reference. ASTM standard methods D 3606-99,
entitled ``Standard Test Method for Determination of Benzene and
Toluene in Finished Motor and Aviation Gasoline by Gas
Chromatography;'' D 1319-98, entitled ``Standard Test Method for
Hydrocarbon Types in Liquid Petroleum Products by Fluorescent Indicator
Adsorption;' D 1319-99, entitled ``Standard Test Method for Hydrocarbon
Types in Liquid Petroleum Products by Fluorescent Indicator
Adsorption;'' D 4815-99, entitled ``Standard Test Method for
Determination of MTBE, ETBE, TAME, DIPE, tertiary-Amyl Alcohol and
C₁ to C₄ Alcohols in Gasoline by Gas
Chromatography;'' D 2622-98, entitled ``Standard Test Method for Sulfur
in Petroleum Products by Wavelength Dispersive X-Ray Fluorescence
Spectrometry;'' D 5191-01, entitled, ``Standard Test Method for Vapor
Pressure of Petroleum Products (Mini Method);'' D 5599-00, entitled,
``Standard Test Method for Determination of Oxygenates in Gasoline by
Gas Chromatography and Oxygen Selective Flame Ionization Detection;'' D
5769-98, entitled, ``Standard Test Method for Determination of Benzene,
Toluene, and Total Aromatics in Finished Gasolines by Gas
Chromatography/Mass Spectrometry,'' and D 86-01, entitled, ``Standard
Test Method for Distillation of Petroleum Products at Atmospheric
Pressure;'' are incorporated by reference in this section. These
incorporations by reference were approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Copies may be obtained from the American Society for Testing and
Materials, 100 Barr Harbor Dr., West Conshohocken, PA 19428-2959.
Copies may be inspected at the Air Docket Section (LE-131), room M-
1500, U.S. Environmental Protection Agency, Docket No. A-97-03, 401 M
Street, SW., Washington, DC 20460, or at the Office of the Federal
Register, National Archives and Records Administration, 800 North
Capitol Street, NW., Suite 700, Washington, DC.

7. Section 80.65 is amended by revising paragraph (d)(3) to read as
follows:

Sec. 80.65 General requirements for refiners, importers, and oxygenate
blenders.

* * * * *
(d) * * *
(3) Every batch of reformulated or conventional gasoline or RBOB
produced or imported at each refinery or import facility shall be
assigned a number (the ``batch number''), consisting of the EPA-
assigned refiner, importer or oxygenate blender registration number,
the EPA facility registration number, the last two digits of the year
in which the batch was produced, and a unique number for the batch,
beginning with the number one for the first batch produced or imported
each calendar year and each subsequent batch during the calendar year
being assigned the next sequential number (e.g., 4321-54321-95-000001,
4321-54321-95-000002, etc.).
* * * * *

Sec. 80.91 [Amended]

9. Section 80.91 is amended by removing paragraph (a)(1)(iii) and
removing ``; and'' at the end of paragraph (a)(1)(ii) and adding a
period.

10. Section 80.92 is amended by revising the first sentence of
paragraph (a)(1) to read as follows:

Sec. 80.92 Baseline auditor requirements.

(a) * * *
(1) Each refiner or importer is required to have its individual
baseline determination methodology, resulting baseline fuel parameter,
volume and emissions values verified by an auditor which meets the
requirements described in this section. * * *
* * * * *

[[Page 8738]]

11. Section 80.101 is amended by removing and reserving paragraphs
(d)(2) and (e)(2), removing paragraph (h)(2)(iii), and revising
paragraphs (h)(2)(i) and (h)(2)(ii) to read as follows:

Sec. 80.101 Standards applicable to refiners and importers.

* * * * *
(h) * * *
(2) * * *
(i) Be made as part of the report for the 1995 averaging period
required by Sec. 80.105; and
(ii) Apply for the 1995 averaging period and for each subsequent
averaging period, and may not thereafter be changed.
* * * * *

Sec. 80.102 [Removed and Reserved]

12. Section 80.102 is removed and reserved.

13. Section 80.104 is amended by revising paragraphs (a)(1)(i) and
removing and reserving paragraph (a)(2)(ix) to read as follows:

Sec. 80.104 Recordkeeping requirements.

* * * * *
(a) * * *
(1) * * *
(i) Each batch of conventional gasoline; and
* * * * *

Sec. 80.105 [Amended]

14. Section 80.105 is amended by removing and reserving paragraphs
(a)(2) and (a)(3).

Sec. 80.106 [Amended]

15. Section 80.106 is amended by removing and reserving paragraph
(b).

Sec. 80.128 [Amended]

16. Section 80.128 is amended by removing paragraphs (h) and (i).

Appendix D [Removed and Reserved]

17. Appendix D is removed and reserved.

Appendix E [Removed and Reserved]

18. Appendix E is removed and reserved.

Appendix F [Removed and Reserved]

19. Appendix F is removed and reserved.

Appendix G [Removed and Reserved]

20. Appendix G is removed and reserved.
[FR Doc. 02-4067 Filed 2-25-02; 8:45 am]
BILLING CODE 6560-50-P

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