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Control of Air Pollution from New Motor Vehicles; Second Amendment to the Tier 2/Gasoline Sulfur Regulations
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 12, 2002 (Volume 67, Number 113)]
[Proposed Rules]
[Page 40256-40260]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jn02-27]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[AMS-FRL-7222-1]
RIN 2060-AJ71
Control of Air Pollution from New Motor Vehicles; Second
Amendment to the Tier 2/Gasoline Sulfur Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.
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SUMMARY: EPA is proposing to clarify, correct, amend, and revise
certain provisions of the Tier 2/Gasoline Sulfur regulations (February
10, 2000), hereinafter referred to as the Tier 2 rule. First, today's
action would correct typographical errors and would make other minor
revisions to clarify the regulations governing compliance with the Tier
2 rule. Second, it would modify the effective date of the regulatory
butane test method for determining the sulfur content of butane, a
gasoline blendstock. Third, today's rule would modify the Geographic
Phase-in Area (GPA) program by replacing the variable standard for GPA
gasoline with a flat average standard of 150 ppm sulfur. Fourth, it
would allow an approved small refiner, under limited
[[Page 40257]]
circumstances, to seek a temporary adjustment to its interim small
refiner per-gallon cap standard. Finally, it would amend certain
provisions of the small refiner and Averaging, Banking, and Trading
(ABT) programs as well as compliance and enforcement provisions to
assist regulated entities with program implementation and compliance.
DATES: Written comments or requests for a public hearing must be
received by July 12, 2002.
ADDRESSES: Comments: All comments and materials relevant to today's
action should be submitted to Public Docket No. A-97-10 at
the following address: U.S. Environmental Protection Agency (EPA), Air
Docket (6102), Room M-1500, 401 M Street, SW., Washington, DC
20460.
Docket: Materials related to this rulemaking are available at EPA's
Air Docket for review at the above address (on the ground floor in
Waterside Mall) from 8 a.m. to 5:30 p.m., Monday through Friday, except
on government holidays. You can reach the Air Docket by telephone at
(202) 260-7548 and by facsimile at (202) 260-4400. You may
be charged a reasonable fee for photocopying docket materials, as
provided in 40 CFR part 2.
FOR FURTHER INFORMATION CONTACT: Mary Manners, U.S. EPA, National
Vehicle and Fuels Emission Laboratory, Assessment and Standards
Division, 2000 Traverwood, Ann Arbor, MI 48105; telephone (734)
214-4873, fax (734) 214-4051, e-mail
manners.mary@epa.gov.
SUPPLEMENTARY INFORMATION: EPA is proposing to approve corrections,
amendments, and revisions to the Tier 2 rule (65 FR 6698, February 10,
2000). However, in the "Rules and Regulations" section of
today's Federal Register, we are approving these corrections,
amendments, and revisions as a direct final rule without a prior
proposal because we view this as a noncontroversial action and
anticipate no adverse comment. We have explained our reasons for this
approval in the preamble to the direct final rule. This proposal
incorporates by reference all of the reasoning, explanation, and
regulatory text from the direct final rule. For further information,
including the regulatory text for this proposal, please refer to the
direct final rule that is located in the "Rules and
Regulations" section of this Federal Register publication. The
direct final rule will be effective on September 10, 2002, unless we
receive adverse comment or a request for a public hearing by July 12,
2002. If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment on one or more
distinct amendments, paragraphs, or sections of this rulemaking, we
will publish a timely withdrawal in the Federal Register indicating
which provisions are being withdrawn due to adverse comment. We may
address all adverse 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.
Any distinct amendment, paragraph, or section of today's rulemaking for
which we do not receive adverse comment will become effective on the
date set out above, notwithstanding any adverse comment on any other
distinct amendment, paragraph, or section of the direct final rule.
Regulated Entities
This proposal could affect you if you produce, distribute, or sell
gasoline.
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.
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NAICS SIC Examples of potentially regulated
Category Codes a Codes b entities
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Industry.................................... 324110 2911 Petroleum Refiners.
Industry.................................... 422710 5171 Gasoline Marketers and Distributors.
422720 5172
Industry.................................... 484220 4212 Gasoline Carriers.
484230 4213
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a North American Industry Classification System (NAICS).
b Standard Industrial Classification (SIC) system code.
Access to Rulemaking Documents Through the Internet
Today's action is available electronically on the day of
publication from EPA's Federal Register Internet Web site listed below.
Electronic copies of this preamble, regulatory language, and other
documents associated with today's proposal are available from the EPA
Office of Transportation and Air Quality Web site listed below shortly
after the rule is signed by the Administrator. This service is free of
charge, except any cost that you already incur for connecting to the
Internet.
EPA Federal Register Web Site: http://www.epa.gov/docs/
fedrgstr/EPA-AIR/ (Either select a desired date or use the Search
feature.).
Tier 2/Gasoline Sulfur home page: http://www.epa.gov/otaq/
tr2home.htm.
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.
Administrative Requirements
A. Administrative Designation and Regulatory Analysis
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency is required to determine whether this regulatory action would be
"significant" and therefore subject to review by the Office
of Management and Budget (OMB) and the requirements of the Executive
Order. The order defines a "significant regulatory action"
as any regulatory action that is likely to result in a rule that may:
· 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;
· Create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency;
· Materially alter the budgetary impact of entitlements,
grants, user fees, or loan programs or the rights and obligations of
recipients thereof; or,
·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
[[Page 40258]]
this proposed rule is not a "significant regulatory
action."
B. 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 proposed rule on
small entities, small entity is defined as: (1) A small business
refiner that had no more than 1500 employees corporate-wide, based on
the average number of employees for all pay periods from January 1,
1998 to January 1, 1999; and a corporate crude capacity less than or
equal to 155,000 barrels per calendar day for 1999 \1\; (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.
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\1\ This definition of a small business refiner was
established under the Tier 2 Rule. See Sec. 80.225.
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After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This
proposed rule will not have any adverse economic impact on small
entities. Today's rule corrects, amends, and revises certain provisions
of the Tier 2 rule (65 FR 6698, February 10, 2000), regulated entities
will find it easier to comply with the requirements of the Tier 2 rule.
More specifically, today's action corrects typographical errors and
makes other minor revisions to clarify the regulations governing
compliance with the Tier 2 rule. Second, it modifies the effective date
of the regulatory butane test method for determining the sulfur content
of butane, a gasoline blendstock. Third, today's rule modifies the GPA
program by replacing the variable standard for GPA gasoline with a flat
average standard of 150 ppm sulfur. Fourth, it allows an approved small
refiner, under limited circumstances, to seek a temporary adjustment to
its interim small refiner per-gallon cap standard. Finally, it amends
certain provisions of the small refiner and ABT programs as well as
compliance and enforcement provisions to assist regulated entities with
program implementation and compliance. We continue to be interested in
the potential impacts of the proposed rule on small entities and
welcome comments on issues related to such impacts.
C. Paperwork Reduction Act
The information collection requirements in this rule have been
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
(ICR No. 2073.01) and a copy may be obtained from Sandy Farmer,
Collection Strategies Division; U.S. Environmental Protection Agency
(2822); 1200 Pennsylvania Ave., NW, Washington, DC 20460 or by calling
(202) 260-2740. The information requirements are not effective
until OMB approves them.
Certain small refiners may provide this requested information in
order to for EPA to consider granting specific relief relating to the
gasoline sulfur requirements. This relief would be in the form of an
adjustment to one of the gasoline sulfur standards that apply to small
refiners, the per-gallon cap sulfur standard. The information will
allow EPA to assess the need for such relief and to grant the
appropriate relief based on the small refiner's situation. This
information will be provided voluntarily by letter and will be treated
by EPA as Confidential Business Information.
EPA estimates that between one and five small refiners may request
an adjustment in their per-gallon cap sulfur standards, and that a one-
time effort of about two hours will be required to prepare the
application letter. We estimate the total industry-wide burden to be
less than $1000. 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.
D. 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, we 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 for any single year. Before promulgating a rule for
which a written statement is needed, section 205 of the UMRA generally
requires us 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 us to adopt an alternative
that is not the least costly, most cost-effective, or least burdensome
alternative if we provide an explanation in the final rule of why such
an alternative was adopted.
Before we establish any regulatory requirement that may
significantly or uniquely affect small governments, including tribal
governments, we must develop a small government plan pursuant to
section 203 of the UMRA. Such a plan must provide for notifying
potentially affected small governments, and enabling officials of
affected small governments to have meaningful and timely input in the
development of our regulatory proposals with significant federal
intergovernmental mandates. The plan must also provide for informing,
educating, and advising small governments on compliance with the
regulatory requirements.
This proposed rule contains no federal mandates for state, local,
or tribal governments as defined by the provisions of Title II of the
UMRA. The proposed rule imposes no enforceable duties on any of these
governmental entities. Nothing in the proposal will significantly or
uniquely affect small governments.
[[Page 40259]]
We have determined that this proposed rule does not contain a
federal mandate that may result in estimated expenditures of more than
$100 million to the private sector in any single year. This action has
the net effect of correcting, amending, and revising certain provisions
of the Tier 2 rule. Therefore, the requirements of the UMRA do not
apply to this action.
E. 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." This proposed rule does not have tribal
implications, as specified in Executive Order 13175. Today's rule would
not uniquely affect the communities of American Indian tribal
governments since the motor vehicle fuel and other related requirements
for private businesses in today's rule have national applicability.
Furthermore, today's proposed rule does not impose any direct
compliance costs on these communities and no circumstances specific to
such communities exist that will cause an impact on these communities
beyond those discussed in the other sections of today's document. The
effect of today's rule is no more significant than the Tier 2 rule for
tribes under the original provisions of the GPA program; under today's
action, gasoline sold in certain tribal lands would be subject to a
flat average standard of 150 ppm sulfur. Thus, Executive Order 13175
does not apply to this proposed rule.
F. Executive Order 13132 (Federalism)
Executive Order 13132, entitled "Federalism"
(64 FR 43255, August 10, 1999), requires us 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.
Under Section 6 of Executive Order 13132, we may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the federal government provides the funds necessary to pay the direct
compliance costs incurred by state and local governments, or we consult
with state and local officials early in the process of developing the
proposed regulation. We also may not issue a regulation that has
federalism implications and that preempts state law, unless the Agency
consults with state and local officials early in the process of
developing the proposed regulation.
Section 4 of the Executive Order contains additional requirements
for rules that preempt state or local law, even if those rules do not
have federalism implications (i.e., the rules 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). Those
requirements include providing all affected state and local officials
notice and an opportunity for appropriate participation in the
development of the regulation. If the preemption is not based on
express or implied statutory authority, we also must consult, to the
extent practicable, with appropriate state and local officials
regarding the conflict between state law and federally protected
interests within the agency's area of regulatory responsibility.
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. This proposed rule clarifies and
corrects certain provisions of an earlier rule that adopted national
standards to control gasoline sulfur. The requirements of the rule will
be enforced by the federal government at the national level. Thus, the
requirements of Section 6 of the Executive Order do not apply to this
rule.
G. 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.
H. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Section 12(d) of Public Law 104-113, directs
us to use voluntary consensus standards in our regulatory activities
unless it 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) developed or adopted by voluntary consensus
standards bodies. The NTTAA directs us to provide Congress, through
OMB, explanations when we decide not to use available and applicable
voluntary consensus standards.
This proposed rule references technical standards adopted by us
through previous rulemakings. No new technical standards are
established in today's proposed rule. The standards referenced in
today's proposed rule involve the measurement of gasoline fuel
parameters and motor vehicle emissions. The measurement standards for
gasoline fuel parameters referenced in today's proposal are all
voluntary consensus standards.
I. 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 we
have reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, section 5-501 of
the Executive Order directs us to 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 us.
This proposed rule is not subject to the Executive Order because it
is not an economically significant regulatory action as defined by
Executive Order 12866. Furthermore, this proposed rule does not concern
an environmental health or safety risk that we have reason to believe
may have a disproportionate effect on children.
Statutory Provisions and Legal Authority
Statutory authority for the fuel controls set in today's proposed
rule comes from section 211(c) of the CAA
[[Page 40260]]
(42 U.S.C. 7545(c)), which allows us to regulate fuels that either
contribute to air pollution which endangers public health or welfare or
which impair emission control equipment. Additional support for the
procedural and enforcement-related aspects of the fuel's controls in
today's proposed rule, including the record keeping requirements, 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,
Labeling, Motor vehicle pollution, Penalties, Reporting and
recordkeeping requirements.
Dated: May 23, 2002.
Christine Todd Whitman,
Administrator.
[FR Doc. 02-13803 Filed 6-11-02; 8:45 am]
BILLING CODE 6560-50-P