EPA Fules Additives OleFins

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65382 Federal Register / Vol. 76, No. 204/ Friday, October 21, 2011/ Rules and Regulations

an economically significant rule anddoes not create an environmental risk tohealth or risk to safety that maydisproportionately affect children.

Indian Tribal Governments

This rule does not have Tribalimplications under Executive Order13175, Consultation and Coordination

with Indian Tribal Governments, because it does not have a substantialdirect effect on one or more IndianTribes, on the relationship between theFederal Government and Indian Tribes,or on the distribution of power andresponsibilities between the FederalGovernment and Indian Tribes.

Energy Effects

We have analyzed this rule underExecutive Order 13211, ActionsConcerning Regulations ThatSignificantly Affect Energy Supply,Distribution, or Use. We have

determined that it is not a ‘‘significantenergy action’’ under that order becauseit is not a ‘‘significant regulatory action’’under Executive Order 12866 and is notlikely to have a significant adverse effecton the supply, distribution, or use of energy. The Administrator of the Officeof Information and Regulatory Affairshas not designated it as a significantenergy action. Therefore, it does notrequire a Statement of Energy Effectsunder Executive Order 13211.

Technical Standards

The National Technology Transferand Advancement Act (NTTAA) (15

U.S.C. 272 note) directs agencies to usevoluntary consensus standards in theirregulatory activities unless the agencyprovides Congress, through the Office of Management and Budget, with anexplanation of why using thesestandards would be inconsistent withapplicable law or otherwise impractical.Voluntary consensus standards aretechnical standards (e.g., specificationsof materials, performance, design, oroperation; test methods; samplingprocedures; and related managementsystems practices) that are developed oradopted by voluntary consensus

standards bodies.This rule does not use technicalstandards. Therefore, we did notconsider the use of voluntary consensusstandards.

Environment

We have analyzed this rule underDepartment of Homeland SecurityManagement Directive 023–01 andCommandant Instruction M16475.lD,which guide the Coast Guard incomplying with the NationalEnvironmental Policy Act of 1969

(NEPA) (42 U.S.C. 4321–4370f), andhave concluded this action is one of acategory of actions that do notindividually or cumulatively have asignificant effect on the humanenvironment. This rule is categoricallyexcluded, under figure 2–1, paragraph(34)(g), of the Instruction. This ruleinvolves establishing a temporary safety

zone that will be enforced for a total of 24 hours. An environmental analysischecklist and a categorical exclusiondetermination are available in thedocket where indicated underADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation(water), Reporting and recordkeepingrequirements, Security measures,Waterways.

For the reasons discussed in thepreamble, the Coast Guard amends 33CFR part 165 as follows:

PART 165—REGULATED NAVIGATIONAREAS AND LIMITED ACCESS AREAS

■ 1. The authority citation for part 165continues to read as follows:

Authority: 33 U.S.C. 1231; 46 U.S.C.Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1.

■ 2. Add a temporary § 165.T07–0861 toread as follows:

§ 165.T07–0861 Safety Zone; 2011 Head ofthe South Regatta, Savannah River,

Augusta, GA.(a) Regulated Area. The following

regulated area is a safety zone. Allwaters of the Savannah River inAugusta, Georgia encompassed withinan imaginary line connecting thefollowing points: starting at Point 1 inposition 33°29′39.64″ N, 81°59′25.40″

W; thence southeast to Point 2 inposition 33°27′43.34″ N, 81°55′30.90″

W; thence southwest to Point 3 inposition 33°27′35.80″ N, 81°55′33.42″

W; thence northwest to Point 4 inposition 33°29′39.72″ N, 81°59′30.48″

W; thence east back to origin. All

coordinates are North American Datum1983.(b) Definition. The term ‘‘designated

representative’’ means Coast GuardPatrol Commanders, including CoastGuard coxswains, petty officers, andother officers operating Coast Guardvessels, and Federal, state, and localofficers designated by or assisting theCaptain of the Port Savannah in theenforcement of the regulated area.

(c) Regulations.(1) All persons and vessels are

prohibited from entering, transiting

through, anchoring in, or remainingwithin the regulated area unlessauthorized by the Captain of the PortSavannah or a designatedrepresentative.

(2) Persons and vessels desiring toenter, transit through, anchor in, orremain within the regulated area maycontact the Captain of the Port

Savannah by telephone at 912–652–4353, or a designated representative viaVHF radio on channel 16, to requestauthorization. If authorization to enter,transit through, anchor in, or remainwithin the regulated area is granted bythe Captain of the Port Savannah or adesignated representative, all personsand vessels receiving such authorizationmust comply with the instructions of the Captain of the Port Savannah or adesignated representative.

(3) The Coast Guard will providenotice of the regulated area by LocalNotice to Mariners, Broadcast Notice to

Mariners, and on-scene designatedrepresentatives.

(d) Effective Date and Enforcement Periods. This rule is effective from 6a.m. on November 11, 2011 through 6p.m. on November 12, 2011. This rulewill be enforced daily from 6 a.m. until6 p.m. on November 11, 2011 andNovember 12, 2011.

Dated: October 5, 2011.

J. B. Loring,

Commander, U.S. Coast Guard, Captain of the Port Savannah.

[FR Doc. 2011–27259 Filed 10–20–11; 8:45 am]

BILLING CODE 9110–04–P

ENVIRONMENTAL PROTECTIONAGENCY

40 CFR Part 80

[EPA–HQ–OAR–2008–0558; FRL–9482–1]

RIN 2060–AP17

Regulation of Fuel and Fuel Additives:Alternative Test Method for Olefins inGasoline

AGENCY: Environmental Protection

Agency (EPA).ACTION: Final rule.

SUMMARY: The Environmental ProtectionAgency (EPA) is finalizing a rule toallow refiners and laboratories to use analternative test method for olefincontent in gasoline. This final rule willprovide flexibility to the regulatedcommunity by allowing an additionaltest method for compliancemeasurement while maintainingenvironmental benefits achieved fromour fuels programs.

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65383Federal Register / Vol. 76, No. 204/ Friday, October 21, 2011/ Rules and Regulations

176 FR 5319, January 31, 2011.

DATES: This rule is effective November21, 2011 without further notice. Theincorporation by reference listed in thisrule was approved by the Director of theFederal Register as of November 21,2011.

ADDRESSES: EPA has established adocket for this action under Docket ID

No. EPA–HQ–OAR–2008–0558. Alldocuments in the docket are listed onthe http://www.regulations.gov Website. Although listed in the index, someinformation is not publicly available,e.g., CBI or other information whosedisclosure is restricted by statute.Certain other material, such ascopyrighted material, will be publiclyavailable only in hard copy. Publiclyavailable docket materials are availableeither electronically in http:// www.regulations.gov or in hard copy atthe Air Docket, EPA HeadquartersLibrary, Mail Code: 2822T, EPA West

Building, 1301 Constitution Ave., NW.,Washington, DC. The Public ReadingRoom is open from 8:30 a.m. to 4:30p.m., Monday through Friday, excludingholidays. The telephone number for thePublic Reading Room is (202) 566–1742,and the facsimile number for the AirDocket is (202) 566–9744.

FOR FURTHER INFORMATION CONTACT: JoeSopata, Chemist, EnvironmentalProtection Agency, 1200 PennsylvaniaAve., NW. (6406J), Washington, DC20460; telephone number: (202) 343–9034; fax number: (202) 343–2801;e-mail address: [email protected]. SUPPLEMENTARY INFORMATION: Thecontents of today’s preamble are listed

in the following outline.I. General Information

A. Does this action apply to me?II. Rule Change

A. Alternative Test Method for Olefins inGasoline

III. Statutory and Executive Order ReviewsA. Executive Order 12866: Regulatory

Planning and ReviewB. Paperwork Reduction ActC. Regulatory Flexibility ActD. Unfunded Mandates Reform Act of 1995

(UMRA)E. Executive Order 13123: FederalismF. Executive Order 13175: Consultation

and Coordination With Indian TribalGovernments

G. Executive Order 13045: Protection of Children From Environmental Healthand Safety Risks

H. Executive Order 13211: ActionsConcerning Regulations ThatSignificantly Affect Energy Supply,Distribution, or Use

I. National Technology TransferAdvancement Act

J. Executive Order 12898: Federal ActionsTo Address Environmental Justice andMinority Populations and Low-IncomePopulations

K. Congressional Review ActIV. Statutory Provisions and Legal Authority

I. General Information

A. Does this action apply to me?

Regulated categories and entitiespotentially affected by this final actioninclude those involved with theproduction, importation, distribution,sale and storage of gasoline motor fuel.

The table below is not intended to beexhaustive, but rather provides a guidefor readers regarding entities likely to beregulated by this proposed action. Thistable lists the types of entities that EPAis now aware could be potentiallyregulated by this proposed action. Othertypes of entities not listed in the tablecould also be regulated. To determine

whether an entity is regulated by thisproposed action, one should carefullyexamine the existing regulations in 40CFR part 80. If you have questionsregarding the applicability of this actionto a particular entity, consult the personlisted in the preceding FOR FURTHER INFORMATION CONTACT section.

Category NAICSs codes a SIC codes b Examples of potentially regulated parties

Industry .......................................................................... 324110 2911 Petroleum refiners.Industry .......................................................................... 54138 8734 Testing Laboratories.Industry .......................................................................... 422710, 422720 5171, 5172 Gasoline Marketers and Distributors.

aNorth American Industry Classification System (NAICS).b

Standard Industrial Classification (SIC) system code.

II. Rule Change

A. Alternative Test Method for Olefinsin Gasoline

Refiners, importers and oxygenate blenders producing gasoline arerequired to test Reformulated Gasoline(RFG), and conventional gasoline (CG)for several fuel parameters includingolefins. The test method for determiningolefin content is specified at 40 CFR80.46(b).

On January 31, 2011, EPA proposed toallow ASTM D6550–05 (SFC) as analternative to the designated testmethod, ASTM D1319–03 ε1 (FIA), formeasuring olefin content of gasoline,provided the results are correlated toASTM D1319–03 ε1 using a site-specificcorrelation of FIA (volume percent)versus SFC (weight percent). TheAgency also proposed that correlation

be completed on a site-specific basis.1 As discussed in the proposal, the

gasoline fuel set used to develop thecorrelation should span the range of olefin properties representative of thatrefinery’s or importer’s gasolineproduction. We also explained thisgasoline fuel set would be analyzed bythe test facility’s laboratory using bothASTM D1319–03 ε1 (also known as FIA,or the designated test method) andASTM D6550–05. A resultingcorrelation equation would then bedeveloped in terms of ASTM D1319–03 ε1 in volume percent and ASTM

D6550–05 in weight percent. Thus, theapplicable range of the resultingcorrelation from a facility’s site specificcorrelation would be consistent withthat specific facility’s olefin contentrange.

In response to this proposed rule, EPAreceived five comments from theAmerican Petroleum Institute (API), BPAmerica Incorporated (BP), the NationalPetroleum and Refiners Association(NPRA), Western States PetroleumAssociation (WSPA), and Shell Oil

Products U.S. (SOPUS). All commentswere in support of the proposal. API,NPRA, SOPUS and WSPA also providedadditional comments. These additionalcomments have been summarized andour responses to them are in theResponse to Comments Document thathas been placed in the docket for thisrulemaking (Docket ID Number EPA–HQ–OAR–2008–0558).

The EPA is finalizing a rule to allowASTM D6550–05, as an alternative testmethod to measure the olefin content of

gasoline, provided its test results arecorrelated to ASTM D1319–03 ε1 on asite specific basis.

III. Statutory and Executive OrderReviews

A. Executive Order 12866: Regulatory Planning and Review

This final rule is not a ‘‘significantregulatory action’’ under the terms of Executive Order (EO) 12866 (58 FR51735, October 4, 1993) and is thereforenot subject to review under the EO.


http://www.regulations.gov/



mailto:[email protected]







65384 Federal Register / Vol. 76, No. 204/ Friday, October 21, 2011/ Rules and Regulations

B. Paperwork Reduction Act

This final rule does not impose anynew information collection burden.However, the Office of Management andBudget (OMB), under the provisions of the Paperwork Reduction Act, 44 U.S.C.3501 et seq., has approved theinformation collection requirements

contained in the final RFG and anti-dumping rulemaking and has assignedOMB control number 2060–0277. TheOMB control numbers for EPA’sregulations in 40 CFR are listed in 40CFR part 9.

C. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA)generally requires an agency to preparea regulatory flexibility analysis of anyrule subject to notice and commentrulemaking requirements under theAdministrative Procedure Act or anyother statute unless the agency certifiesthat the rule will not have a significant

economic impact on a substantialnumber of small entities. Small entitiesinclude small businesses, smallorganizations, and small governmentaljurisdictions.

For purposes of assessing the impactsof today’s final rule on small entities,small entity is defined as: (1) A small

business as defined by the SmallBusiness Administrations’ regulations at13 CFR 121.201; (2) a smallgovernmental jurisdiction that is agovernment of a city, county, town,school district or special district with apopulation of less than 50,000; and (3)

a small organization that is any not-for-profit enterprise which is independentlyowned and operated and is notdominant in its field.

After considering the economicimpacts of today’s final rule on smallentities, I certify that this action will nothave a significant economic impact ona substantial number of small entities.In determining whether a rule has asignificant economic impact on asubstantial number of small entities, theimpact of concern is any significantadverse economic impact on smallentities, since the primary purpose of

the regulatory flexibility analyses is toidentify and address regulatoryalternatives ‘‘which minimize anysignificant economic impact of the ruleon small entities.’’ 5 U.S.C. 603 and 604.Thus an Agency may certify that a rulewill not have a significant economicimpact on a substantial number of smallentities if the rule relieves regulatory

burden, or otherwise has a positiveeconomic effect on all of the smallentities subject to the rule.

This final rule does not impose aregulatory burden on anyone, including

small businesses. Instead, this final rulewill have a positive impact by theallowance of ASTM D 6550–05 whichwill provide additional flexibility to theregulated community, including small

businesses, in meeting olefins ingasoline testing requirements. We havetherefore concluded that today’s finalrule will relieve regulatory burden for

all effected small entities.D. Unfunded Mandates Reform Act of 1995 (UMRA)

Title II of the Unfunded MandatesReform Act of 1995 (UMRA), 2 U.S.C.1531–1538, requires Federal agencies,unless otherwise prohibited by law, toassess the effects of their regulatoryactions on State, local, and tribalgovernments and the private sector.Federal agencies must also develop aplan to provide notice to smallgovernments to have meaningful andtimely input in the development of EPAregulatory rules with significant Federalintergovernmental mandates and mustinform, educate, and advise smallgovernments on compliance with theregulatory requirements.

This final rule does not contain aFederal mandate that may result inexpenditures of $100 million or morefor State, local, and tribal governments,in the aggregate, or the private sector inany one year. The allowance of ASTMD 6550–05 will provide additionalflexibility to the regulated communityin meeting olefins in gasoline testingrequirements. Thus, this rule is notsubject to the requirements of sections

202 and 205 of the UMRA. This actionis also not subject to the requirementsof section 203 of UMRA because itcontains no regulatory requirements thatmight significantly or uniquely affectsmall governments.

E. Executive Order 13132: Federalism

Executive Order 13132, entitled‘‘Federalism’’ (64 FR 43255, August 10,1999), requires EPA to develop anaccountable process to ensure‘‘meaningful and timely input by Stateand local officials in the development of regulatory policies that have federalism

implications.’’ ‘‘Policies that havefederalism implications’’ is defined inthe Executive Order to includeregulations that have ‘‘substantial directeffects on the States, on the relationship

between the national government andthe States, or on the distribution of power and responsibilities among thevarious levels of government.’’

This final rule does not havefederalism implications. It will not havesubstantial direct effects on the States,on the relationship between the nationalgovernment and the States, or on the

distribution of power andresponsibilities among the variouslevels of government, as specified inExecutive Order 13132. The allowanceof ASTM D 6550–05 will provideadditional flexibility to the regulatedcommunity in meeting olefins ingasoline testing requirements. Thus,Executive Order 13132 does not apply

to this final rule.

F. Executive Order 13175: Consultationand Coordination With Indian Tribal Governments

This action does not have tribalimplications, as specified in ExecutiveOrder 13175 (65 FR 67249, November 6,2000). This action applies to gasolinerefiners, blenders and importers thatsupply gasoline. The allowance of ASTM D6500–05 will provideadditional flexibility to the regulatedcommunity in meeting olefins ingasoline testing requirements. Thus,

Executive Order 13175 does not applyto this action.

G. Executive Order 13045: Protection of Children From Environmental Healthand Safety Risk

EPA interprets EO 13045 (62 FR19885, April 23, 1997) as applying onlyto those regulatory actions that concernhealth or safety risks, such that theanalysis required under section 5–501 of the Executive Order has the potential toinfluence the regulation. This action isnot subject to Executive Order 13045

because it does not establish anenvironmental standard intended to

mitigate health or safety risks.

H. Executive Order 13211: ActionsConcerning Regulations That Significantly Affect Energy Supply,Distribution, or Use

This action is not subject to ExecutiveOrder 13211(66 FR 18355 (May 22,2001)) because it is not a significantregulatory action under Executive Order12866.

I. National Technology Transfer Advancement Act

Section 12(d) of the NationalTechnology Transfer and AdvancementAct of 1995 (‘‘NTTAA’’), Public Law104–113, section 12(d) (15 U.S.C. 272note) directs EPA to use voluntaryconsensus standards in its regulatoryactivities unless to do so would beinconsistent with applicable law orotherwise impractical. Voluntaryconsensus standards are technicalstandards (e.g., materials specifications,test methods, sampling procedures, and

business practices) that are developed oradopted by voluntary consensusstandards bodies. The NTTAA directs




65385Federal Register / Vol. 76, No. 204/ Friday, October 21, 2011/ Rules and Regulations

EPA to provide Congress, through OMB,explanations when the Agency decidesnot to use available and applicablevoluntary consensus standards.

This final rule involves a technicalstandard. EPA is adopting an ASTMstandard as described in Unit II.A of theSUPPLEMENTARY INFORMATION section of this document. The technical standard

included in today’s rule is a standarddeveloped by ASTM, a voluntaryconsensus standards body, and thusraises no issues under the NTTAA. TheASTM standard in today’s action may

be obtained from ASTM International at100 Barr Harbor Drive, PO Box C700,West Conshohocken, PA 19428–2959,610–832–9585 (phone), 610–832–9555(fax), or [email protected] (e-mail); orthrough the ASTM Web site (http:// www.astm.org ).

J. Executive Order 12898: Federal Actions To Address Environmental

Justice and Minority Populations and

Low-Income PopulationsExecutive Order (EO) 12898 (59 FR

7629 (Feb. 16, 1994)) establishes federalexecutive policy on environmentaljustice. Its main provision directsfederal agencies, to the greatest extentpracticable and permitted by law, tomake environmental justice part of theirmission by identifying and addressing,as appropriate, disproportionately highand adverse human health orenvironmental effects of their programs,policies, and activities on minoritypopulations and low-incomepopulations in the United States.

EPA has determined that this finalrule will not have disproportionatelyhigh and adverse human health orenvironmental effects on minority orlow-income populations because it doesnot affect the level of protectionprovided to human health or theenvironment. The allowance of ASTMD6500–05 will provide additionalflexibility to the regulated communityin meeting olefins in gasoline testingrequirements. This final ruleamendment does not relax controlmeasures on sources regulated by therule and therefore will not cause

emission increases from these sources.K. Congressional Review Act

The Congressional Review Act, 5U.S.C. 801 et seq., as added by the SmallBusiness Regulatory EnforcementFairness Act of 1996, generally providesthat before a rule may take effect, theagency promulgating the rule mustsubmit a rule report, which includes acopy of the rule, to each House of Congress and to the Comptroller Generalof the United States. EPA will submit areport containing this rule and other

required information to the U.S. Senate,the U.S. House of Representatives, andthe Comptroller General of the UnitedStates prior to publication of the rule inthe Federal Register. A major rulecannot take effect until 60 days after itis published in the Federal Register.This action is not a ‘‘major rule’’ asdefined by 5 U.S.C. 804(2). This rule

will be effective November 21, 2011.

IV. Statutory Provisions and LegalAuthority

Statutory authority for today’s finalrule comes from sections 211(c) and211(k) of the CAA (42 U.S.C. 7545(c)and (k)). Section 211(c) allows EPA toregulate fuels that contribute to airpollution which endangers publichealth or welfare, or which impairsemission control equipment. Section211(k) prescribes requirements for RFGand CG and requires EPA to promulgateregulations establishing these

requirements. Additional support forthe fuels controls in today’s final rulecomes from sections 114(a) and 301(a)of the CAA.

List of Subjects in 40 CFR Part 80

Environmental protection, Airpollution control, Fuel additives,Gasoline, Diesel, Imports, Incorporation

by reference, Motor vehicle pollution,Reporting and recordkeepingrequirements.

Dated: October 13, 2011.

Lisa P. Jackson,

Administrator.

For the reasons set forth in thepreamble, part 80 of title 40, chapter Iof the Code of Federal Regulations isamended as follows:

PART 80—REGULATION OF FUELSAND FUEL ADDITIVES

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

Authority: 42 U.S.C. 7414, 7521(l), 7545and 7601(a).

Subpart D—[Amended]

■

2. Section 80.46 is amended by addingparagraphs (b)(2) and (h)(1)(iii) to readas follows:

§ 80.46 Measurement of reformulatedgasoline fuel parameters.

* * * * *(b) * * *(2)(i) Any refiner or importer may

determine olefin content using ASTMstandard method ASTM D6550(incorporated by reference, seeparagraph (h) of this section) forpurposes of meeting any testing

requirement involving olefin content;provided that

(ii) The refiner or importer test resultis correlated with the method specifiedin paragraph (b)(1) of this section on asite-specific basis, in order to achieve anunbiased prediction of the result involume percent, for the methodspecified in paragraph (b)(1) of this

section.* * * * *

(h) * * *(1) * * *(iii) ASTM standard method D6550–

05 (‘‘ASTM D6550’’), Standard TestMethod for Determination of OlefinContent of Gasolines by Supercritical-Fluid Chromatography, approvedNovember 1, 2005.

* * * * *[FR Doc. 2011–27219 Filed 10–20–11; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTIONAGENCY

40 CFR Part 799

[EPA–HQ–OPPT–2009–0112; FRL–8885–5]

RIN 2070–AJ86

Testing of Certain High ProductionVolume Chemicals; Third Group ofChemicals

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Final rule.

SUMMARY: EPA is promulgating this final

rule under section 4(a)(1)(B) of theToxic Substances Control Act (TSCA) torequire manufacturers, importers, andprocessors to conduct testing to obtainscreening level data for health andenvironmental effects and chemical fatefor 15 high production volume (HPV)chemical substances listed in this finalrule. This test data is needed in order tohelp EPA to determine whether these 15HPV chemical substances pose a risk tohuman health and/or environmentalsafety. Based on comments received byEPA on the proposed rule for this finalrule, EPA has determined that only 15

of the 29 HPV chemical substancesproposed for testing meet the criteria fortesting at this time.DATES: This final rule is effectiveNovember 21, 2011.

The incorporation by reference of certain publications listed in this finalrule is approved by the Director of theFederal Register as of November 21,2011.

For purposes of judicial review, thisfinal rule shall be promulgated at 1 p.m.eastern daylight/standard time onNovember 7, 2011.



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EPA Fules Additives OleFins