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Thursday,
March 29, 2001
Part II
Environmental
Protection Agency
40 CFR Parts 80 and 86
Control of Emissions of Hazardous Air
Pollutants From Mobile Sources; Final
Rule
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17230 Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations
ENVIRONMENTAL PROTECTION on-highway diesel fuel sulfur control analysis plan, we will conduct a future
AGENCY requirements. Between 1990 and 2020, rulemaking, to be completed no later
we project these programs will reduce than July 1, 2004.
40 CFR Parts 80, and 86 on-highway emissions of benzene, DATES: This rule is effective May 29,
[AMS–FRL–6924–1] formaldehyde, 1,3-butadiene, and 2001. The incorporation by reference of
acetaldehyde by 67 to 76 percent, and certain publications listed in this rule is
RIN 2060–AI55 will reduce on-highway diesel PM approved by the Director of the Federal
emissions by 90 percent. Register as of May 29, 2001.
Control of Emissions of Hazardous Air This action also finalizes new
Pollutants From Mobile Sources ADDRESSES: Comments: All comments
gasoline toxic emission baseline and materials relevant to today’s action
AGENCY: Environmental Protection requirements which require refiners to have been placed in Public Docket No.
Agency (EPA). maintain current levels of over- A–2000–12 at the following address:
ACTION: Final rule. compliance with toxic emissions U.S. Environmental Protection Agency
performance standards that apply to (EPA), Air Docket (6102), Room M–
SUMMARY: Today’s action addresses federal reformulated gasoline (RFG) and 1500, 401 M Street, SW, Washington,
emissions of hazardous air pollutants anti-dumping standards that apply to DC 20460. EPA’s Air Docket makes
(HAPs) from motor vehicles and their conventional gasoline (CG). Because the materials related to this rulemaking
fuels. Hazardous air pollutants refer to new baseline requirements do not available for review at the above address
a range of compounds that are known or require refiners to install new (on the ground floor in Waterside Mall)
suspected to have serious health or equipment or use technologies beyond from 8:00 a.m. to 5:30 p.m., Monday
environmental impacts. Motor vehicles what they were using in the baseline through Friday, except on government
are significant contributors to national period (1998–2000), we project that this holidays. You can reach the Air Docket
emissions of several hazardous air program will impose only negligible by telephone at (202) 260–7548, and by
pollutants, notably benzene, costs. The new baseline requirements facsimile (202) 260–4400. We may
formaldehyde, 1,3-butadiene, are designed to prevent backsliding and charge a reasonable fee for copying
acetaldehyde, and diesel particulate to ensure that existing overcompliance docket materials, as provided in 40 CFR
matter and diesel exhaust organic gases. with current standards continues. We part 2.
In today’s action, we list 21 are not setting additional vehicle-based
compounds emitted from motor vehicles air toxics controls at this time because FOR FURTHER INFORMATION CONTACT:
that are known or suspected to cause the technology-forcing Tier 2 light-duty Margaret Borushko, U.S. EPA, National
cancer or other serious health effects. vehicle standards and those standards Vehicle and Fuels Emission Laboratory,
Our Mobile Source Air Toxics (MSAT) being developed in response to our 2000 Traverwood, Ann Arbor, MI
list includes various volatile organic recent proposal for heavy-duty engine 48105; Telephone (734) 214–4334; FAX:
compounds (VOCs) and metals, as well and vehicle standards represent the (734) 214–4816; E-mail:
as diesel particulate matter and diesel greatest degree of toxics control borushko.margaret@epa.gov
exhaust organic gases (collectively DPM achievable at this time considering SUPPLEMENTARY INFORMATION:
+ DEOG). The selection methodology we existing standards, the availability and
used to develop this MSAT list, which cost of the technology, and noise, Regulated Entities
may be used to add compounds to or energy, and safety factors, and lead This action will affect entities that
remove compounds from the list in the time. produce new motor vehicles, alter
future as new information becomes Finally, because of our continuing individual imported motor vehicles to
available, is also described. In today’s concern about the potential health address U.S. regulation, or convert
action we also examine the mobile impacts of public exposure to air toxics, motor vehicles to use alternative fuels.
source contribution to national today’s action also describes a Technical It will also affect entities that produce,
inventories of these emissions and the Analysis Plan through which we will distribute, or sell gasoline or diesel
impacts of existing and newly continue to improve our understanding motor fuel.
promulgated mobile source control of the risk posed by air toxics to public The table below gives some examples
programs, including our reformulated health and welfare. It will also allow us of entities that may have to follow the
gasoline (RFG) program, our national to evaluate the need for and regulations. Because these are only
low emission vehicle (NLEV) standards, appropriateness of additional mobile examples, you should carefully examine
our Tier 2 motor vehicle emissions source air toxics controls for on- the regulations in 40 CFR parts 80 and
standards and gasoline sulfur control highway and nonroad sources, and their 86. If you have questions, call the
requirements, and our proposed heavy- fuels. Based on the information person listed in the FOR FURTHER
duty engine and vehicle standards and developed through this technical INFORMATION CONTACT section above.
NAICS SIC
Category Examples of potentially regulated entities
codes (1) codes (2)
Industry ............... 336111 3711 Motor Vehicle Manufacturers.
336112
336120
Industry ............... 336112 3711 Engine and Truck Manufacturers.
336120
Industry ............... 336311 3592 Alternative Fuel Vehicle Converters.
336312 3714
422720 5172
454312 5984
811198 7549
541514 8742
541690 8931
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Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations 17231
NAICS SIC
Category Examples of potentially regulated entities
codes (1) codes (2)
Industry ............... 811112 7533 Commercial Importers of Vehicles and Vehicle Components.
811198 7549
541514 8742
Industry ............... 324110 2911 Petroleum Refiners.
Industry ............... 422710 5171 Gasoline or Diesel Marketers and Distributors.
422720 5172
Industry ............... 484220 4212 Gasoline or Diesel Carriers.
484230 4213
(1) North American Industry Classification System (NAICS).
(2) Standard Industrial Classification (SIC) system code.
Access to Rulemaking Documents C. List of Mobile Source Air Toxics 11. Territories
through the Internet III. How Are Motor Vehicle Emission Control 12. Gasoline excluded
Programs Reducing MSAT Emissions? D. Why Isn’t EPA Adopting Other Fuel
Today’s action is available A. Baseline Inventories Controls to Control MSATs?
electronically on the day of publication B. Impacts of Motor Vehicle Emission VI. Nonroad Sources of MSAT Emissions
from the Office of the Federal Register Controls on Emissions Inventories A. Nonroad MSAT Baseline Inventories
Internet Web site listed below. 1. Description of Emission Control B. Impacts of Current Nonroad Mobile
Electronic copies of this preamble and Programs Source Emission Control Strategies
regulatory language as well as the 2. Emission Reductions From Control 1. Description of the Emission Control
Programs Program
Response to Comments, the Technical IV. Evaluation of Additional Motor Vehicle- 2. Emission Reductions From Current
Support Document (TSD) and other based Controls Programs
documents associated with today’s A. MSATs and Motor Vehicle-based C. Gaps in Nonroad Mobile Source Data
action will be available from the EPA Controls VII. Technical Analysis Plan to Address Data
Office of Transportation and Air Quality B. Vehicle-based Standards to Reduce Gaps and Commitment for Further
Web site listed below shortly after the MSATs From Light-Duty Vehicles Rulemaking
rule is signed by the Administrator. This C. Vehicle-based Standards to Reduce A. Technical Analysis Plan to Address
MSATs From Heavy-Duty Engines Data Gaps
service is free of charge, except any cost
D. Conclusions Regarding Vehicle-based B. Commitment for Further Rulemaking
that you already incur for Internet Standards VIII. Public Participation
connectivity. V. Evaluation of Additional Fuel-Based IX. Administrative Requirements
EPA Federal Register Web Site: Controls A. Administrative Designation and
http://www.epa.gov/docs/fedrgstr/epa- A. Form of the Rule Regulatory Analysis
air/ 1. What Is the Form of the Rule EPA Is B. Regulatory Flexibility Analysis
(Either select a desired date or use the Promulgating Today? C. Paperwork Reduction Act
2. Why Did EPA Change From the D. Intergovernmental Relations
Search feature.) Proposed Benzene Fuel Content Form of 1. Unfunded Mandates Reform Act
Office of Transportation and Air the Rule to the TPR? 2. Executive Order 13132: Federalism
Quality (OTAQ) Air Toxics Web Site: 3. What Are the Benefits of the TPR? 3. Executive Order 13084: Consultation
http://www.epa.gov/otaq/toxics.htm 4. What Are the Costs of the TPR? and Coordination With Indian Tribal
Please note that due to differences B. Issues and Areas of Comment on Non- Governments
between the software used to develop implementation Related Aspects of the E. National Technology Transfer and
the document and the software into Program Advancement Act
which the document may be 1. What Is the Relationship Between the F. Executive Order 13045: Children’s
RFG and Anti-dumping Requirements Health Protection
downloaded, changes in format, page
and the Toxics Anti-backsliding G. Congressional Review Act
length, etc., may occur. Requirements? X. Statutory Provisions and Legal Authority
Outline of this Preamble 2. How Are Incremental Production
Volumes of RFG Affected by This Rule? I. Introduction
I. Introduction 3. Does This Rule Contain Any Small
A. Background A. Background
Refiner Provisions?
B. Basic Components of Today’s Program 4. Is This Rule Expected to Constraint the Air toxics, which are also known as
1. Identification of Mobile Source Air Potential for Expanded Use of Ethanol in ‘‘hazardous air pollutants’’ or HAPs, are
Toxics Conventional Gasoline? those pollutants known or suspected to
2. Assessment of Emission Benefits From 5. Is Diesel Fuel Control a Part of Today’s cause cancer or other serious health or
Current Standards Regulation?
3. Consideration of Additional On- environmental effects. They include
C. What Are the Components of the Anti-
Highway Controls backsliding Toxics Performance
pollutants like benzene,
4. Nonroad Air Toxics Program? perchloroethylene, methylene chloride,
5. Technical Analysis Plan and 1. Start Date heavy metals like mercury and lead,
Commitment for Further Rulemaking 2. Separate Compliance Determination for polychlorinated biphenyls (PCBs), and
C. EPA’s Statutory Authority for Today’s RFG and CG dioxins. While the harmful effects of air
Action 3. Baseline Development and Submittal toxics are of particular concern in areas
II. What Are the Mobile Source Air Toxics? 4. Baseline Adjustment closest to where they are emitted, they
A. Introduction 5. Compliance Margin can also be transported and affect the
B. The Methodology Used to Identify Our 6. Foreign Refiner Provisions
List of Mobile Source Air Toxics 7. Default Baseline and Applicability
health and welfare of populations in
1. Identifying Pollutants Emitted From 8. Compliance Period and Deficit and other geographic areas. Some can persist
Mobile Sources Credit Carryforward for considerable time in the
2. Using IRIS to Identify Pollutants With 9. Hardship Provisions environment and/or bioaccumulate in
Potential Serious Adverse Health Effects 10. California Gasoline the food chain.
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17232 Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations
To address concerns about the and standards for nonroad vehicles and inventories of these pollutants. In
potentially serious impacts of hazardous equipment, such as locomotives, today’s action, pursuant to Section
air pollutants on public health and the recreational marine engines, and 202(l)(2) of the Act, the Agency has
environment, the Clean Air Act (the aircraft. We have also proposed heavy- identified those compounds emitted
Act), as amended in 1990, includes a duty engine and vehicle standards and from mobile sources that should be
number of provisions that have led EPA on-highway diesel fuel sulfur control classified as mobile source air toxics,
to characterize, prioritize, and control requirements that would reduce toxics evaluated whether there are additional
these emissions as appropriate. Since emissions from heavy-duty trucks.1 controls that can be established at this
1990, the Agency has worked to comply Finally, certain other mobile source time, set new toxic emission
with the Act through a combination of control programs have been specifically performance standards, identified
regulatory approaches, partnerships, aimed at reducing toxics emissions from existing data gaps in our understanding
ongoing research and assessments, risk mobile sources (e.g., our lead phase-out of the risk posed to the public from
initiatives, and education and outreach. programs). mobile source air toxics, and committed
We have put in place many programs to While these mobile source standards to reevaluate the need for additional
reduce air toxic emissions that have were put in place primarily to reduce controls in 2003–2004.
resulted, and will continue to result, in ambient concentrations of criteria Today’s action provides the mobile
reductions in ambient concentrations of pollutants through oxides of nitrogen source component of EPA’s National Air
air toxics. On the stationary source side, (NOX), volatile organic compound Toxics Program: The Integrated Urban
we have developed 46 stationary source (VOC), carbon monoxide (CO) and Strategy (IUATS), published July 19,
standards for 82 different types of particulate matter (PM) controls, and 1999 (64 FR 38706). The overarching
sources and have more under thereby to help states and localities goal of the IUATS is to reduce cancer
development. These standards are come into attainment with the National and noncancer risks associated with all
required under Sections 112 and 129 of Ambient Air Quality Standards sources of air toxics in urban areas. In
the Act and provide for future (NAAQS) for ozone, PM, and CO, they urban areas, toxic air pollutants raise
evaluation of the need for additional have reduced and will continue to special concerns because sources of
stationary source regulations based on reduce on-highway emissions of air emissions and people are concentrated
the remaining risk from air toxics after toxics significantly.2 By 2020, we in the same geographic areas, leading to
these standards are in effect. These project these programs will reduce the large numbers of people being exposed
actions have resulted, or are projected to levels of on-highway emissions of to the emissions of many HAPs from
result in, substantial reductions in HAP benzene by 73 percent, formaldehyde by many sources. The IUATS identified 33
emissions. 76 percent, 1,3-butadiene by 72 percent, ‘‘urban HAPs’’ which pose the greatest
On the mobile source side, many of and acetaldehyde by 67 percent from threat to human health in the largest
the emission control programs put in 1990 levels. In addition, by 2020, on- number of urban areas. These 33
place pursuant to the 1990 Clean Air highway diesel PM emission reductions compounds are a subset of the 188
Act Amendments reduce air toxics of 94 percent from 1990 levels are compounds listed in Section 112(b) of
emissions from a wide variety of mobile projected in a recent NPRM for heavy- the Clean Air Act and are listed in Table
sources. These include our reformulated duty engines.3 I–1. Thirteen of these compounds are
gasoline (RFG) program, which has Nevertheless, because of the also included on our Mobile Source Air
substantially reduced mobile source air potentially serious effects exposure to Toxics list (see Section II, below). The
toxics, particularly in urban areas which air toxics may have on human health, it IUATS is described in greater detail in
often have high levels of ambient air is reasonable to assess whether it is Chapter 1 of the Technical Support
toxics, our national low emission appropriate to establish additional Document for this rule. Additional
vehicle (NLEV) program, our Tier 2 mobile source controls that are information can also be obtained from
motor vehicle emissions standards and specifically designed to reduce further the EPA’s Unified Air Toxics website,
gasoline sulfur control requirements, or minimize increases in national http://www.epa.gov/ttn/uatw.
TABLE I–1.—LIST OF URBAN HAPS FOR THE INTEGRATED URBAN AIR TOXICS STRATEGY
Acetaldehyde a Coke oven emissions Mercury compounds a
Acrolein a ............................. 1,2-dibromomethane .......... Methylene chloride.
Acrylonitrile .......................... 1,2-dichloropropane (pro- Nickel compounds. a
pylene dichloride).
Arsenic compounds a ........... 1,3-dichloropropene ........... Polychlorinated biphenyls.
Benzene a ............................ Ethyl dichloride (1,2- .......... Polycyclic organic matter. a
Beryllium compounds .......... Ethylene oxide .................... Quinoline.
1,3-Butadiene a .................... Formaldehyde a ................... 2,3,7,8-tetrachlorodibenzo-p-dioxine (and cogeners and TCDF cogeners). a
Cadmium compounds ......... Hexachlorobenzene ........... 1,1,2,2-tetrachloroethane.
Carbon tetrachloride ........... Hydrazine ........................... Tetrachloroethylene.
Chloroform .......................... Lead compounds a .............. Trichloroethylene.
Chromium compounds a ...... Manganese compounds a ... Vinyl chloride.
a Included on our Mobile Source Air Toxics list.
1 See final rules: NLEV, 62 FR 31191 (June 6, 29, 1999); aircraft, 62 FR 25355 (May 8, 1997); RFG, thus are reduced when VOCs are reduced—are
1997); Tier 2, 65 FR 6698 (February 10, 2000); land- 59 FR 7812 (February 16, 1994). See proposed rule several gaseous toxics (e.g., benzene, formaldehyde,
based diesel nonroad, 63 FR 56968 (October 23, HD2007, 65 FR 35430 (June 2, 2000). 1,3-butadiene, and acetaldehyde).
1998); locomotive, 63 FR 18978 (April 16, 1998); 2 For example, included among the numerous 3 65 FR 35430, June 2, 2000.
recreational marine, 61 FR 52088 (October 4, 1996);
commercial diesel marine, 64 FR 73300 (December chemicals that make up total VOC emissions—that
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Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations 17233
Today’s rule is our first attempt at 1. Identification of Mobile Source Air energy, and safety factors, and lead
addressing mobile source air toxics in a Toxics time.’’
systematic and integrated manner. Based on our analysis and the
Additional analysis, however, will be There are hundreds of different comments we received from various
necessary to evaluate the sufficiency of compounds and elements that are stakeholders, we are finalizing gasoline
those controls and to determine whether known to be emitted from passenger toxic emission performance standards
there is a need for additional controls. cars, on-highway trucks, and various that will help maintain current levels of
Today’s rule also contains a Technical types of nonroad equipment. Section II overcompliance with existing gasoline
Analysis Plan (TAP) that identifies key of today’s action identifies a list of 21 toxics emission standards. These
toxic compounds emitted from motor requirements are refiner-specific, based
information gaps about the risk posed
vehicles and describes the methodology on each refinery’s average 1998–2000
by mobile source air toxics and the
we used to generate this list. This gasoline toxic emission performance
feasibility of additional controls. In
methodology may be used to add levels for RFG and conventional
order to address these data gaps, the
compounds to, or remove compounds gasoline. Consistent with our proposal,
Agency will continue to compile,
from, the MSAT list in the future as new we are not setting additional air toxics
analyze, and conduct additional information becomes available. emissions standards for motor vehicles
research in coordination with other
in today’s action. However, it is
toxics research activities that are 2. Assessment of Emission Benefits
important to note that we have proposed
ongoing in the Agency, including the From Current Standards
stringent new diesel particulate matter
National-Scale Air Toxics Assessment standards for heavy-duty vehicles (HDV)
(NATA) headed by EPA’s Office of Air Today’s action also describes how our
current mobile source emission control that would reduce HDV PM emissions
Quality Planning and Standards by 90%. We expect to issue a final rule
programs are expected to reduce MSAT
(OAQPS) and the Air Toxics Research for this category soon. We believe that
emissions. By 2020, we expect existing
Strategy (ATRS) headed by EPA’s Office it is not technologically feasible at this
programs like the reformulated gasoline
of Research and Development (ORD). time to set additional motor vehicle
(RFG) program, national low emission
The results of NATA will be used to vehicle (NLEV) program, Tier 2 motor controls under Section 202(l)(2) beyond
identify areas of the country and vehicle emissions standards and the controls already adopted or
pollutants where additional gasoline sulfur control requirements proposed by the Agency. This decision
investigation is needed. NATA will (Tier 2), and our proposed heavy-duty is based on consideration of the
begin with an analysis of the risks engine and vehicle standards and on- technical feasibility, cost, and other
associated with the 33 ‘‘urban HAPs’’ highway diesel fuel sulfur control factors relevant to a proposal of further
identified in Table I–1. In the future, requirements (HD2007 rule), to controls at this time.
NATA will evaluate all 188 HAPs significantly reduce on-highway 4. Nonroad Air Toxics
currently listed under Section 112(b) of emissions of key air toxics. Section III
Section 202(l)(2) of the Act specifies
the Act as well as diesel PM. NATA is contains our on-highway toxics that we set standards to control
described in greater detail in Chapter 1 emissions inventory analysis and hazardous air pollutants from motor
of the Technical Support Document for estimates of these expected reductions. vehicles and motor vehicle fuels which,
this rule. Additional information can by definition, do not include nonroad
3. Consideration of Additional On-
also be obtained from the NATA website Highway Controls engines or vehicles or their fuels.
(http://www.epa.gov/ttn/uatw/nata). However, nonroad engines are also
The Air Toxics Research Strategy Although we anticipate substantial important contributors to national
(ATRS) is an Agency 10 year plan to reductions in emissions of key toxic inventories of mobile source air toxics
guide and prioritize research in air pollutants by 2020, the serious potential emissions. Therefore, we believe it is
toxics from various sources, including health effects associated with many of also helpful to include a discussion of
mobile sources. ATRS is also described these compounds lead us to evaluate nonroad sources in today’s action. In
in Chapter 1 of the Technical Support whether additional controls are addition, as noted above, today’s action
Document. technologically feasible at this time. For is part of EPA’s Integrated Urban Air
the purpose of our analysis, we divide Toxics Strategy. As part of our effort to
With this background, we now turn to
potential control measures into two establish a comprehensive plan that
an overview of today’s action. broad categories: vehicle-based controls seeks to reduce urban air toxic
B. Basic Components of Today’s and fuel-based controls. Vehicle-based emissions, we intend to address both
Program controls include programs that reduce on-highway and motor vehicles and
evaporative and exhaust emissions from evaluate emissions and potential
Today’s action addresses mobile vehicles and engines. Fuel-based strategies relating to hazardous air
source air toxics emissions. In it, we controls explore how changing fuel pollutants from nonroad engines and
identify our list of 21 mobile source air formulation can reduce air toxic vehicles.
toxics (MSATs) and set new gasoline emissions. In performing our analysis of
toxic emission performance baseline additional controls in Sections IV and 5. Technical Analysis Plan and
requirements for RFG and conventional V, we followed the requirements Commitment for Further Rulemaking
gasoline. We also describe a Technical specified in Section 202(l)(2) of the Act: We believe our evaluation to date of
Analysis Plan to continue analysis and these motor vehicle or motor fuel the need for, and appropriateness of,
research that will aid us in evaluating standards must ‘‘reflect the greatest additional mobile source toxics control
and assessing the need for additional degree of emission reduction achievable measures provides adequate support for
mobile source air toxics controls. The through the application of technology today’s action. At this time, EPA is also
information acquired through our which will be available, taking into engaged in other toxics-related activities
technical analysis will form the basis for consideration the standards established as part of NATA, the IUATS, ATRS, and
a future mobile source air toxics under [Section 202(a)], the availability other rulemaking activities. This
rulemaking. and costs of the technology, and noise, emerging information will help us to
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17234 Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations
further evaluate potential additional document and will consider the 1999 has identified this list as a list of mobile
mobile source air toxics controls in the comments in developing our future source air toxics (MSATs).5 We are
future. activities (e.g., in the development of listing 21 MSATs using the
Building on these Agency toxics version 4 of the Hazardous Air Pollutant methodology described below.
activities, and to increase our Exposure Model, HAPEM4, described in
understanding of mobile source air B. The Methodology Used to Identify
Section VII, below).
toxics, we will implement the Technical Section 202(l)(2) instructs us to set Our List of Mobile Source Air Toxics
Analysis Plan described in Section VII standards to control hazardous air EPA developed the list of MSATs by
below. This Plan will be coordinated pollutants from motor vehicles, motor first searching for lists of compounds in
with the other research activities within vehicle fuels, or both. These standards, all available databases and recent
the Agency in several key areas, which may be revised from time to time, studies (i.e., ten years old or less) which
including development of emission are to reflect the greatest degree of speciated emissions from motor vehicles
factors for nonroad sources, analysis of emission reduction achievable through and their fuels. Data for vehicles and
toxics exposures in microenvironments, the application of technology which engines more than ten years old are
and examination of additional fuel- and will be available, taking into considered to be outdated and thus are
vehicle-based air toxics controls for both consideration the motor vehicle judged not to be representative of
motor vehicles and nonroad engines and standards established under Section current emissions. The lists did not
equipment. Our TAP will be fully 202(a) of the Act, the availability and include emissions from alternative-
coordinated and integrated with cost of the technology, and noise, energy fueled vehicles, currently in a very
activities conducted as part of NATA, and safety factors, and lead time. The small number of vehicles, such as
the IUATS, and the ATRS. This will regulations are to apply, at a minimum, flexible-fueled vehicles. We then
allow us to take full advantage of what to benzene and formaldehyde compared the speciated lists of
is collectively learned and provide a emissions, and are to be set under compounds in these studies to the list
solid basis for future action, including a Section 202(a) or 211(c) of the Act. of compounds in EPA’s Integrated Risk
future rulemaking, to be completed no Section 211(c) of the Act authorizes the Information System (IRIS) database. IRIS
later than July 1, 2004. Agency to control or prohibit the is a database of compounds that
manufacturer, introduction into identifies EPA’s consensus scientific
C. EPA’s Statutory Authority for Today’s judgment on the characterization of the
commerce, offering for sale, or sale, of
Action
any fuel or fuel additive if any emission potential serious adverse health effects
Today’s action is established pursuant product of such fuel or fuel additive that may result from a lifetime exposure
to Section 202(l) of the Clean Air Act. causes or contributes to air pollution to a substance (discussed in more detail
That Section consists of two parts. which may reasonably be anticipated to below).
Section 202(l)(1) calls on EPA to study endanger public health or welfare. By comparing the lists of compounds
the need for and feasibility of provided in the emission speciation
controlling toxic air pollutants II. What Are the Mobile Source Air databases and studies to the list of
associated with motor vehicles and Toxics?
compounds in IRIS, we generated a list
motor vehicle fuels. That study is to A. Introduction of 21 compounds. An evaluation of the
focus on those categories of emissions potential for serious adverse health
There are hundreds of different
that pose the greatest risk to human effects as reflected in IRIS and in the
compounds and elements that are
health or about which significant ongoing agency scientific assessments of
known to be emitted from passenger
uncertainties remain. The Act specifies these compounds indicates that these
cars, on-highway trucks, and various
that, at a minimum, the study focus on compounds warrant inclusion as
nonroad equipment. Several of these
emissions of benzene, formaldehyde, MSATs.
compounds may have adverse effects on
and 1,3-butadiene. It is important to note that inclusion
We completed the study required human health and welfare.4 In
recognition of this fact, Congress on the list is not itself a determination
under Section 202(l)(1) in April 1993. by EPA that emissions of the compound
The report, entitled ‘‘Motor Vehicle- instructed EPA, in Section 202(l)(2) of
the Act, to set standards for hazardous in fact present a risk to public health or
Related Air Toxics Study,’’ is available welfare, or that it is appropriate to adopt
on our website (http://www.epa.gov/ air pollutants from motor vehicles and
their fuels. Except for benzene and controls to limit the emissions of such
otaq/toxics.htm). Specific pollutants or a compound from motor vehicles or
pollutant categories discussed in the formaldehyde (specifically mentioned
in 202(l)(2)), the Act does not specify their fuels. The purpose of the list is to
1993 report include benzene, provide a screening tool that identifies
the compounds that should be
formaldehyde, 1,3-butadiene, those compounds emitted from motor
considered in such a control program.
acetaldehyde, diesel particulate, vehicles or their fuels for which further
Therefore, the first step in developing a
gasoline particulate, gasoline vapors, evaluation of emissions controls is
mobile source air toxics control program
and selected metals. The emissions and appropriate. In conducting any such
is to identify the compounds that
exposure aspects for several of the air further evaluation, pursuant to sections
should be treated as hazardous air
toxics covered in this report were 202(a) or 211(c) of the Act, EPA would
pollutants for purpose of Section
recently updated in November 1999. consider whether emissions of the
202(l)(2). Since EPA data suggest that
The 1999 report, entitled ‘‘Analysis of compound cause or contribute to air
nonroad engines and on-highway
the Impacts of Control Programs on pollution which may reasonably be
vehicles emit the same pollutants, EPA
Motor Vehicle Toxics Emissions and anticipated to endanger public health or
Exposure in Urban Areas and 4 Our authority under 202(a) and 211(c) allows us
Nationwide,’’ is also available on our to address air pollution that impacts health or 5 We have chosen to call our list of toxics a
website, and is described in more detail welfare. This initial MSAT list focuses on human mobile sources list to acknowledge that nonroad
in Section I.E., below. We sought peer health. Additional compounds may be added in the sources may also contribute emissions of these
future due to their ecological impacts, material pollutants. For purposes of Section 202(l)(2), each
review comments on both the 1993 and damage, or visibility impairment and it is of the MSATs is considered a ‘‘hazardous air
1999 reports. We considered the 1993 noteworthy that some of the MSATs on the list have pollutant from motor vehicles and motor vehicle
comments in developing the 1999 important ecological impacts. fuels.’’
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Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations 17235
welfare. Such an evaluation would also matter without separating the individual Because of the public health
consider the appropriate level of any species of hydrocarbons and other conservative methodology in deriving
controls, based on the criteria elements. the RfC or RfD, it is possible that
established in section 202(l)(2). The databases and recent studies exposure above the RfC or RfD may not
Inclusion of a compound on the MSAT reporting emissions from light-duty pose an appreciable risk; however the
list does not decide these issues, but gasoline vehicles (LDGV), heavy-duty significance of exceedances must be
instead identifies those compounds for diesel vehicles (HDDV), heavy-duty evaluated on a case-by-case basis.
which such an evaluation would appear gasoline vehicles (HDGV), and gasoline- Combined with information on specific
to be warranted. powered nonroad engines are identified exposure situations, the summary health
With regard to emissions from in Appendix I located at the end of hazard information in IRIS may be used
alternative-fueled vehicles, most of the Chapter 2 of the TSD. Data for other in evaluating potential public health
compounds included in the exhaust are vehicle and engine types (e.g., light-duty risks from environmental contaminants.
included on our list of MSATs (e.g., diesel engines and nonroad diesel IRIS also lists compounds for which the
formaldehyde, acetaldehyde). It should engines) either do not exist or are Agency has reviewed currently available
be noted that, depending on the fuel outdated (more than 10 years old) and
information and concluded that (1)
used, these vehicles may also emit thus are judged not to be representative
there are insufficient data to calculate
unburned ethanol and methanol. of current emissions. However, it is
EPA compared the lists of compounds an RfC or RfD for the noncancer hazard
unlikely that the lack of recent data for
emitted from motor vehicles with lists potentially posed by the compound(s),
these particular vehicle and engine
or sources of information on toxic and/or (2) there is an absence of
types would lead us to overlook
substances other than IRIS to determine compounds that should be included on sufficient information to identify a
the reasonableness of the MSAT list. our list of MSATs, because the cancer hazard.
Based on this comparison, we requested combustion processes for these missing Before a substance is listed on the
comments on the possible addition of vehicle and engine types are similar to IRIS database, it goes through a
propionaldehyde and 2,2,4- those for the vehicle and engine types thorough scientific evaluation. This
trimethylpentane to the MSAT list. We for which we do have data. consensus and review process, managed
are not adding these compounds to the by EPA’s Office of Research and
MSAT list at this time due to the 2. Using IRIS to Identify Pollutants With
Development (ORD), consists of (1) an
absence of an Agency consensus view as Potential Serious Adverse Health Effects
annual Federal Register announcement
expressed on IRIS regarding the adverse The Integrated Risk Information of the IRIS agenda and a call for
health effects of these compounds. The System (IRIS) is an EPA database of scientific information from the public
MSAT list will be re-evaluated in the scientific information that contains the on the selected chemical substances, (2)
future as new information is acquired Agency consensus scientific positions a search of the current literature, (3)
about emissions and/or health effects for on the potential serious adverse health development of health assessment and
any mobile source pollutant. effects that may result from lifetime draft IRIS summaries, (4) internal EPA
Compounds may be added to or (chronic) exposure to substances found peer review, (5) external peer review, (6)
removed from the list in future in the environment.6 IRIS currently Agency consensus review and
rulemaking notices. provides health effects information on management approval within EPA, (7)
over 500 specific chemical compounds. preparation of final IRIS summaries and
1. Identifying Pollutants Emitted From IRIS contains chemical-specific
Mobile Sources supporting documents, and (8) entry of
summaries of qualitative and
summaries and supporting documents
In identifying a list of MSAT, EPA quantitative health information. IRIS
into the IRIS database.
first searched for lists of compounds information may include the reference
from all available databases and recent concentration (RfC) for noncancer C. List of Mobile Source Air Toxics
(i.e., ten years old or less) studies that health effects resulting from chronic
speciated the emissions from motor inhalation exposure, the reference dose In our notice of proposed rulemaking
vehicles and their fuels. Many toxic air (RfD) for noncancer health effects we listed 21 MSATs. We received
pollutants are hydrocarbons (HCs) by resulting from chronic oral exposure, comments on six proposed MSATs as
their chemical nature and thus will be and the carcinogen assessment for both well as other compounds. We are
identified only if the HCs are chemically oral and inhalation exposure. The RfC finalizing this list of 21 compounds, but
separated (speciated). In addition, the or RfD is an estimate (with uncertainty we have changed the listing for diesel
compounds that comprise the spanning perhaps an order of magnitude exhaust to diesel particulate matter and
particulate phase of mobile source or more) of a daily exposure to the diesel exhaust organic gases. A
emissions must also be chemically human population (including sensitive discussion of the comments received on
speciated. Many test programs that subgroups) that is likely to be without the proposed MSAT list is provided
characterize vehicle emissions identify appreciable risk of deleterious below and the MSAT list is provided in
only total hydrocarbons and particulate noncancer effects during a lifetime. Table II–1.
TABLE II–1.—LIST OF MOBILE SOURCE AIR TOXICS (MSATS)
Diesel Particulate Matter + Diesel Exhaust
Acetaldehyde MTBE
Organic Gases (DPM + DEOG)
Acrolein ............................................................... Ethylbenzene ................................................... Naphthalene.
Arsenic Compounds 1 ......................................... Formaldehyde .................................................. Nickel Compounds. 1
Benzene ............................................................. n-Hexane .......................................................... POM.3
1,3-Butadiene ..................................................... Lead Compounds 1 .......................................... Styrene.
6 EPA IRIS Database, http://www.epa.gov/iris/
intro.htm
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17236 Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations
TABLE II–1.—LIST OF MOBILE SOURCE AIR TOXICS (MSATS)—Continued
Diesel Particulate Matter + Diesel Exhaust
Acetaldehyde MTBE
Organic Gases (DPM + DEOG)
Chromium Compounds 1 .................................... Manganese Compounds 1 ................................ Toluene.
Dioxin/Furans 2 ................................................... Mercury Compounds 1 ..................................... Xylene.
1 Although the different metal compounds generally differ in their toxicity, the onroad mobile source inventory contains emissions estimates for
total metal compounds (i.e., the sum of all forms).
2 This entry refers to two large groups of chlorinated compounds. In assessing their cancer risks, their quantitative potencies are usually de-
rived from that of the most toxic, 2,3,7,8-tetrachlorodibenzodioxin.
3 Polycyclic Organic Matter includes organic compounds with more than one benzene ring, and which have a boiling point greater than or
equal to 100 degrees centigrade. A group of seven polynuclear aromatic hydrocarbons, which have been identified by EPA as probable human
carcinogens, (benz(a)anthracene, benzo(b)fluoranthene, benzo(k)fluoranthene, benzo(a)pyrene, chrysene, 7,12-dimethylbenz(a)anthracene, and
indeno(1,2,3-cd)pyrene) are used here as surrogates for the larger group of POM compounds.
By comparing the lists of compounds CO which are subject to National with exposure to metal emissions from
identified in the motor vehicle emission Ambient Air Quality Standards), (3) the mobile sources, identification of the
databases and studies with the toxic more precise listing provides Federal specific forms of the metals emitted
compounds listed in IRIS, we identified and State government, industry, and would be important.
21 compounds. Each of these pollutants public interest groups an ability to focus With regard to emissions from
are known, probable, or possible human on the components of diesel exhaust alternative-fueled vehicles, most of the
carcinogens (Group A, B or C) and/or that pose a potential concern for public compounds included in the exhaust are
pollutants for which the Agency has health, and (4) this focus provides included on our list of MSATs (e.g.,
calculated an RfC or RfD.7 We therefore specific targets for emissions reductions formaldehyde, acetaldehyde). It should
consider each of these compounds to be should future analysis indicate that be noted that, depending on the fuel
MSATs. additional controls are necessary. used, these vehicles may also emit
In response to public comments we Regarding the listing of metals, we unburned ethanol and methanol. Low
are changing the way we list diesel have chosen to list the entire group of level ethanol mixtures (10% ethanol
exhaust as an MSAT. We believe a metal compounds if any compound of and 90% gasoline) are widely used in
better approach is to list diesel the metal has been detected in motor the United States. Higher level ethanol
particulate matter and diesel exhaust vehicle exhaust and any compound of mixtures (e.g., 85% ethanol) are used as
organic gases (DPM + DEOG) as the the metal is listed in IRIS as potentially alternative fuel sources in a small
MSAT. This listing approach is more causing adverse human health effects. number of flexible fuel vehicles. There
precise about the components of diesel Literature values report only the total is a paucity of data on potential
exhaust expected to contribute to the amount of the metal compound inhalation effects of ethanol, and the
observed cancer and noncancer health identified and not the specific form of compound is not listed in IRIS. One
effects and provides a framework for the metal being emitted in motor vehicle commenter responded to our request for
developing regulatory control strategies. exhaust. For example, chromium (Cr) comment on the addition of ethanol to
Currently available science, while can be emitted from combustion sources the list of MSATs based on the presence
suggesting an important role for the in different forms, the most toxic of of ethanol in alternative fuels and stated
particulate phase component of diesel which is Cr+6. In the literature, the form that ethanol should not be listed as an
exhaust, does not attribute the serious of Cr emissions from mobile sources are MSAT. At this time EPA is not
cancer and noncancer health effects unidentified. In our list of MSAT, we including ethanol in the list of MSATs
independently to diesel particulate therefore list chromium compounds because we do not have an Agency
matter separate from the organic gas generally, and do not attempt to list consensus view as expressed on IRIS
phase components. Therefore, this specific forms of these metals because regarding the potential adverse health
listing approach does not constitute two we lack metal speciation information. effects associated with exposure to
separate MSAT listings but a single When we assess the range of potential ethanol. The Agency is continuing
listing meant to capture the collection of health impacts associated with exposure toxicity testing and risk assessment of
emissions potentially responsible for the to chromium compounds, we consider potential adverse health effects resulting
cancer and noncancer health effects the health effects associated with all from exposure to this compound. We
related to diesel exhaust. forms of the compound for which we will reassess available information
While this listing departs slightly have health effects information. For regarding potential health effects of
from the approach described above, we chromium, the most toxic form in IRIS exposure to ethanol when we evaluate
believe this is reasonable because (1) is Cr+6; hence the health impacts whether additional controls are
there are several nontoxic components described for chromium compounds appropriate in 2003.
of diesel exhaust (e.g., water vapor, refer to these most serious effects even We did not include methanol on our
nitrogen, oxygen) that we are excluding though it is highly unlikely that all proposed list of MSAT because it was
from the listing, (2) this listing includes motor vehicle emissions are Cr+6. EPA not identified in our analysis of
the components of diesel exhaust that believes this listing approach is a speciated emissions from motor
are likely to contribute to either the reasonable, health-protective way to vehicles. Instead, in the NPRM, we
cancer or the noncancer hazard (with handle the uncertainty surrounding requested comment on whether
the exception of the gaseous phase motor vehicle emissions of metals. methanol and ethanol, by virtue of their
criteria pollutants such as NOX, SO2 and Moreover, it is consistent with Congress’ use in alternative fuel vehicles, should
7 A further discussion of the potential cancer and
list of HAP for stationary sources in be included on the list.
noncancer risks, and other dose-response
Section 112(b) of the Act. At the same During the comment period, one
information for each MSAT can be found in Chapter time we recognize that to accurately commenter directed EPA to studies that
3 of the TSD. assess the actual health risks associated identify methanol as an emissions
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Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations 17237
product of motor vehicles burning information to reassess the possible 2007 heavy-duty engine rule) will
reformulated gasoline. This commenter inclusion of these compounds in the list reduce benzene emissions by 73
suggested that further research needed of MSATs when we evaluate whether percent, formaldehyde emissions by 76
to be conducted to determine whether additional controls are appropriate in percent, 1,3-butadiene emissions by 72
methanol should be added to the list of 2003. percent, and acetaldehyde emissions by
MSAT. Recently submitted comments 67 percent from 1990 levels. Under
III. How Are Motor Vehicle Emission
echoed the need to conduct further these same controls we project on-
Control Programs Reducing MSAT
research and requested more time to highway diesel PM emissions will be
Emissions?
consider the addition of methanol to the reduced by 94 percent by 2020, as
MSAT list. In the previous section we identified compared with 1990 levels. Nonroad
In order to provide a full opportunity the 21 MSATs. We now turn to an engines and equipment also contribute
for public comment and to respond to evaluation of how our various mobile substantially to levels of MSAT
these comments in more detail, we will source control programs will affect the emissions and have only in recent years
address the addition of methanol to the inventories of these air toxics. been subject to emission standards.
MSAT list in a separate rulemaking. We The data and information available on Since nonroad engines are not subject to
believe it is reasonable to defer making emissions of these 21 MSATs vary the same stringent controls as on-
a decision on listing methanol until considerably. While we have baseline highway vehicles, the reductions from
after today’s rulemaking, because listing inventory data for all of the MSATs these sources are more moderate than
in today’s rulemaking would not result except naphthalene, we do not have those for on-highway sources.
in additional controls. The existing inventory projections for all of them. The discussion in this section consists
motor vehicle VOC controls will reduce Therefore, we are examining the of two parts. First, we describe current
emissions of methanol along with other projected impacts of our current and inventories of MSAT emissions. Next,
gaseous toxics and fuel controls will proposed mobile source control we describe how our on-highway
need to be considered in subsequent programs by groupings of air toxics. We emission control programs will reduce
rulemakings. As part of the future notice do have specific projections of future these inventories. Interested readers
addressing addition of methanol to our emissions for five gaseous toxics should refer to Chapter 4 of our TSD for
list of MSAT, we will also evaluate (benzene, formaldehyde, 1,3-butadiene, more detailed information about the
possible controls in accordance with acetaldehyde, MTBE) and for diesel PM methodology we used to compile these
section 202(l)(2) as appropriate. (as the surrogate for DPM + DEOG) and inventories and the results of our
In the notice of proposed rulemaking we present these in this section. We do analysis. We consider the impacts of our
we compared lists of emitted not have emissions projections for the nonroad engine control programs on
compounds to four lists of toxic air remaining gaseous toxics (acrolein, MSAT emissions in Section VI of this
pollutants to confirm that our MSAT list POM, styrene, toluene, xylene, preamble.
was reasonable. The four lists of toxic ethylbenzene, naphthalene, and n-
air pollutants we used were: the Clean hexane) but, because these compounds A. Baseline Inventories
Air Act (CAA) Section 112(b) list of are part of VOCs, we believe it is We developed inventory estimates for
hazardous air pollutants; California EPA reasonable to utilize VOC emissions several gaseous MSATs (acetaldehyde,
(CalEPA) list of toxic air contaminants inventory projections to estimate the benzene, 1,3-butadiene, formaldehyde,
(TAC); U.S. Department of Health and expected impact of our control programs MTBE) and also for diesel PM as part of
Human Service Agency for Toxic on these other gaseous MSATs. Finally, the 1999 study, ‘‘Analysis of the Impacts
Substances and Disease Registry we also do not have emissions inventory of Control Programs on Motor Vehicle
(ATSDR) list of Minimal Risk Levels projections for the metals on the MSAT Toxic Emissions and Exposure in Urban
(MRLs); and International Agency for list (arsenic compounds, chromium Areas and Nationwide,’’ (hereafter
Research on Cancer (IARC) monographs compounds, mercury compounds, referred to as the 1999 EPA Motor
on cancer. Comparing these four lists nickel compounds, manganese Vehicle Air Toxics Study, or the 1999
against the emissions speciation studies compounds, and lead compounds) or for Study).8 The pollutants examined in the
and databases, we identified two dioxins/furans. While metal emissions 1999 Study were chosen because we
additional compounds not included on and dioxin/furans emissions are had adequate data to perform a rigorous
our list of MSATs—propionaldehyde associated with particles and it is modeling analysis for those pollutants.
and 2,2,4-trimethylpentane. Comments possible that some of these compounds The 1999 Study examined the impact of
we received on these compounds track PM emissions to some extent, we a variety of parameters including fuel
suggested either that (1) further study do not have good data on these properties, emission control
was needed to determine the potential relationships. Therefore, we are not technologies, and type of in-use
for adverse health effects or that (2) both presenting emission projections for operation on the 1990 and 1996
compounds should be added to the list these compounds in this action. We emissions inventories for these six
of MSATs based on their presence in the believe this is reasonable because the pollutants. The 1990 baseline represents
CAA section 112(b) HAP list, or due to mobile source contribution to metals estimated emissions before any of the
the presence of these compounds on the inventories is small and comes programs added by the1990 Clean Air
emissions lists. primarily from engine wear and Act Amendments were implemented.
At this time EPA is not including impurities in engine oil, or from fuel The 1996 estimates reflect toxics
propionaldehyde or 2,2,4- additives. emissions with some of the new Clean
trimethylpentane in the list of MSATs As we describe in the following Air Act programs in place, such as
because we do not have an Agency discussion, there have been and will Phase 1 of the RFG program. Note that
consensus view as expressed on IRIS continue to be significant reductions in
regarding the potential adverse health MSAT emissions as a result of our 8 Analysis of the Impacts of Control Programs on
effects associated with exposure to these mobile source regulations. By 2020, we Motor Vehicles Toxics Emissions and Exposure in
Urban Areas and Nationwide (Volumes 1 and 2),
pollutants. EPA assessments of these project on-highway emission control November 1999. EPA420–R–99–029/030. This
compounds have been proposed and we programs (up to and including our Tier report can be accessed at http://www.epa.gov/otaq/
will use all currently available 2 control program and our proposed toxics.htm.
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17238 Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations
since completion of the 1999 Study, we improvements made with regard to should also be noted that these
have updated our estimates of diesel PM heavy-duty engine modeling). Our estimates are only for on-highway
emissions and our estimates of toxics updated baseline toxics inventory vehicles.
emissions from heavy-engines (as part of estimates are presented in Table III–1. It
TABLE III–1.—ANNUAL EMISSIONS FROM ON-HIGHWAY VEHICLES FOR SELECTED AIR POLLUTANTS
[Short tons per year] a
Compound 1990 Emissions 1996 Emissions b
1,3-Butadiene ..................................................... 36,000 .............................................................. 24,000
Acetaldehyde ...................................................... 41,000 .............................................................. 31,000
Benzene ............................................................. 257,000 ............................................................ 171,000
Formaldehyde ..................................................... 139,000 ............................................................ 93,000
Diesel PM ........................................................... 235,000 c .......................................................... 182,000
MTBE .................................................................. 55,000 .............................................................. 67,000
a In
this notice we report emissions in terms of short tons as opposed to metric tons.
b The 1996 estimates are based on updated inventories taking into consideration the proposed 2007 and later model year heavy-duty engine
standards.
c For 1990, we used diesel PM estimates from EPA’s Trends Report.
The 1996 National Toxics Inventory included on the list of 112(b) hazardous fires). Between the 1999 EPA Motor
(NTI) prepared in connection with the air pollutants, which is the focus of the Vehicle Air Toxics Study and the 1996
Agency’s NATA activities also contains 1996 NTI, DPM + DEOG estimates were NTI, we have baseline inventory data for
emission estimates for 1,3-butadiene, not compiled in the 1996 NTI. all of the 21 MSATs except
acetaldehyde, benzene, formaldehyde The 1996 NTI also contains 1996 naphthalene.10 (For DPM + DEOG, we
and MTBE. The 1996 NTI emission emissions estimates for several other do not have inventory data on the DEOG
estimates for these compounds differ MSATs, and includes data for nonroad 9 portion. For this analysis, we are using
slightly from those generated in the as well as on-highway sources. We DPM as a surrogate for DPM + DEOG.)
1999 EPA Motor Vehicle Air Toxics present these data in Table III–2. We While good baseline data exist for many
Study, due to revisions made to the NTI also indicate the on-highway and of the MSATs, they do not exist for all.
based on updated vehicle miles traveled nonroad percentages of the national As noted earlier, we plan to conduct
(VMT) information provided by a inventories for these MSATs (the total additional research in coordination with
number of states, minor changes to the national inventories include emissions other toxics research activities that are
emissions model used (the MOBTOX from on-highway and nonroad mobile ongoing in the Agency to improve our
model), and revised heavy-duty sources, major and area stationary characterization of toxics emission from
information. Since DPM + DEOG is not sources, and other sources such as forest mobile sources.
TABLE III–2.—1996 ON-HIGHWAY AND NONROAD EMISSION INVENTORIES OF SOME MSATS FROM THE 1996 NTI
[Short tons]
On-Highway Nonroad Mobile Sources
Compound Percent of Percent of Percent of
Tons Total National Tons Total National Tons Total National
Emmissions Emmissions Emmissions
1,3-Butadiene a ................................................................. 23,500 42 9,900 18 33,400 60
Acetaldehyde a ................................................................. 28,700 29 40,800 41 69,500 70
Acrolein a .......................................................................... 5,000 16 7,400 23 12,400 39
Arsenic Compounds a ...................................................... 0.25 0.06 2.01 0.51 2.26 0.57
Benzene a ......................................................................... 168,200 48 98,700 28 266,900 76
Chromium Compounds a .................................................. 14 1.2 35 3 49 4.2
Dioxins/Furans a, b ............................................................. 0.0001 0.2 N.A. N.A. 0.0001 0.2
Ethylbenzene ................................................................... 80,800 47 62,200 37 143,000 84
Formaldehyde a ................................................................ 83,000 24 86,400 25 169,400 49
Lead Compounds a .......................................................... 19 0.8 546 21.8 565 22.6
Manganese Compounds a ................................................ 5.8 0.2 35.5 1.3 41.3 1.5
Mercury Compounds a ..................................................... 0.2 0.1 6.6 4.1 6.8 4.2
MTBE ............................................................................... 65,100 47 53,900 39 119,000 86
n-Hexane .......................................................................... 63,300 26 43,600 18 106,600 44
Naphthalene ..................................................................... N.A. N.A. N.A. N.A. N.A. N.A.
Nickel Compounds a ......................................................... 10.7 0.9 92.8 7.6 103.5 8.5
POM (as sum of 7 PAH) a ............................................... 42.0 4 19.3 2 61.3 6
Styrene ............................................................................. 16,300 33 3,500 7 19,800 40
Toluene ............................................................................ 549,900 51 252,200 23 802,100 74
9 The nonroad inventory in the 1996 NTI includes include aircraft except where otherwise noted. It 10 Naphthalene emissions are not reported in the
emissions data for aircraft, commercial marine should be noted that the NONROAD model, on 1996 NTI separately from 16–PAH. See Chapter 3
vessel, locomotives, and other nonroad engines. which the estimates for nonroad engines other than of the TSD for the explanation of the linkage
Note that under the Clean Air Act definition, locomotive, commercial marine vessels, and aircraft between diesel exhaust and diesel PM.
nonroad vehicles do not include aircraft. For are based, is still draft, and the emissions estimates
convenience, in this action the term ‘‘nonroad’’ will based on this model are subject to change.
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Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations 17239
TABLE III–2.—1996 ON-HIGHWAY AND NONROAD EMISSION INVENTORIES OF SOME MSATS FROM THE 1996 NTI—
Continued
[Short tons]
On-Highway Nonroad Mobile Sources
Compound Percent of Percent of Percent of
Tons Total National Tons Total National Tons Total National
Emmissions Emmissions Emmissions
Xylene .............................................................................. 311,000 43 258,400 36 569,400 79
a These compounds are also on the list of urban HAPs for the Integrated Urban Air Toxics Strategy.
b Mass given in tons of TEQ (toxic equivalency quotient). The EPA Office of Research and Development (ORD) has recently developed an in-
ventory for dioxin and dioxin-like compounds using different methods than those used in the 1996 NTI. For 1995, the EPA–ORD estimate of on-
highway emissions of dioxin compounds is 0.00005 tons TEQ, comprising 1.5 percent of the national inventory in that year. (The TEQ rates the
toxicity of each dioxin and furan relative to that of 2,3,7,8–TCDD, which is assigned a TEQ of 1.0.)
The above inventory data reflect such as large generators, do operate on comply with the hydrocarbon and
certain interesting characteristics of diesel fuel. Because there are relatively particulate standards (e.g., more
mobile source air toxics emissions. few stationary sources that operate on efficient catalytic converters), we expect
First, mobile sources account for the diesel fuel, we believe that diesel PM air toxics to be reduced as well. Since
majority of the national inventory of from stationary sources is relatively 1990, we have developed a number of
three of the gaseous MSATs that are small compared to diesel PM from programs to address exhaust and
included on the urban HAP list. These mobile sources. (However, for this evaporative hydrocarbon emissions and
three are 1,3-butadiene (60 percent), analysis we have not generated an PM emissions. Some of the key
acetaldehyde (70 percent), and benzene estimate of diesel PM from stationary programs are the Tier 1 and NLEV
(76 percent). Mobile sources account for sources.) As shown in Table III–1, standards for light-duty vehicles and
39 percent of the national inventory of above, we estimate that 1996 on- trucks; enhanced evaporative emissions
acrolein, and 49 percent of the national highway diesel PM emissions are standards; the supplemental federal test
inventory of formaldehyde, two other approximately 182,000 tons. We procedures (SFTP); urban bus standards;
gaseous urban HAPs. All of these estimate that 1996 nonroad diesel PM and heavy-duty diesel and gasoline
MSATs are formed as part of the emissions are approximately 346,000 standards for the 2004/2005 time frame.
combustion process except for benzene, tons, as discussed in Section VI of this • Recent motor vehicle/fuel control
which is also released through notice.12 initiatives. Two of our recent initiatives
evaporative emissions from gasoline. to control emissions from motor
Second, with regard to the other B. Impacts of Motor Vehicle Emission vehicles and their fuels are the Tier 2
MSATs that are included on the urban Controls on Emission Inventories control program and our proposed 2007
HAP list, the mobile source contribution 1. Description of Emission Control heavy-duty engine rule. Together these
generally is small (arsenic compounds, Programs two initiatives define a set of
chromium compounds, manganese Many of the programs that we have comprehensive standards for light-duty
compounds, mercury compounds, put in place since the passage of the and heavy-duty motor vehicles and their
nickel compounds, POM, and dioxins/ 1990 Clean Air Act Amendments to fuels. In both of these initiatives, we
furans). The sole exception is lead achieve attainment of the National treat vehicles and fuels as a system. The
compounds. Mobile sources contribute Ambient Air Quality Standards Tier 2 control program establishes
23 percent to national inventories of (NAAQS) for ozone, PM and CO have stringent tailpipe and evaporative
lead compound emissions, due also reduced MSAT emissions. For emission standards for light-duty
primarily to nonroad sources and, more example, measures to control vehicles and a reduction in sulfur levels
specifically, to the use of a lead-additive in gasoline fuel beginning in 2004. The
hydrocarbons from motor vehicles are
package used to boost the octane of proposed 2007 heavy-duty engine rule
also effective in controlling gaseous
aviation gasoline.11 The mobile source would establish stringent exhaust
toxics. In addition, certain programs
contribution to the other metals on the emission standards for heavy-duty
address air toxics directly, such as the
urban HAP list comes primarily from engines and vehicles for the 2007 model
RFG program and the gasoline lead
engine wear, some fuel additives, or year as well as reductions in diesel fuel
phase-out. In this section we briefly
impurities in engine oil. sulfur levels starting in 2006.
describe several categories of mobile
With regard to the gaseous MSATs • Limits on gasoline volatility.
that are not included on the urban HAP source emission control measures that
Volatility is a measure of how easily a
list (ethylbenzene, MTBE, n-hexane, have helped reduce inventories of these
liquid evaporates. As described earlier,
toluene, and xylene), mobile source harmful compounds. These programs
some toxics such as benzene are present
contributions are high because of the include:
• More stringent vehicle standards in gasoline and get into the air when
presence of these compounds in gasoline evaporates. We imposed limits
and test procedures. The 1990 Clean Air
gasoline. on gasoline volatility in the early 1990s
In addition, mobile sources account Act Amendments set specific emission
standards for hydrocarbons and for PM. to control evaporative emissions of both
for almost all diesel PM emissions. A hydrocarbon and toxic compounds
limited number of stationary sources, Air toxics are present in both of these
pollutant categories. As vehicle (most air toxics are hydrocarbons, so
manufacturers develop technologies to programs designed to reduce
11 Aviation gasoline is used by a relatively small
hydrocarbon emissions also reduce air
number of aircraft, those with piston engines,
which are generally used for personal 12 It should be noted that the nonroad diesel PM toxics).
transportation, sightseeing, crop dusting, and emissions estimate is based on the draft NONROAD • Reformulated gasoline. The 1990
similar activities. model and is subject to change. Clean Air Act Amendments required
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17240 Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations
reformulated gasoline to be introduced a. Overview of Inventory Sources the MSAT listed as DPM and DEOG.
in the nation’s most polluted cities We developed inventory projections Where we have data regarding specific
beginning in 1995. From 1995 through that reflect our current and proposed constituents in the diesel exhaust
1999, these gasolines were required to control programs, described above, for organic gas phase we present that
provide a minimum 16.5 percent five gaseous MSATs, for VOC, and for information.
reduction in air toxics emissions over Our VOC and diesel PM emission
diesel PM for the years 2007 and 2020.
typical 1990 gasolines, increasing to a estimates are derived from several
The inventory projections for the five
21.5 percent minimum reduction sources. The 1996 and later values are
gaseous toxics are based on the 1999
beginning in the year 2000. The air based on updated modeling that factors
EPA Motor Vehicle Air Toxics Study,
toxics reductions have been achieved in the impact of the proposed 2007
updated to incorporate a variety of new
mainly by further reducing gasoline heavy duty engine standards. The 1990
information on on-highway vehicles.
volatility and by reducing the benzene, The 1999 Study estimated on- VOC emission estimate is based on the
aromatics, sulfur, and olefin content of 1999 EPA Motor Vehicle Air Toxics
highway motor vehicle air toxics
the gasoline. Study,13 and the 1990 diesel PM is from
emissions for ten urban areas (Atlanta,
• Phase-out of lead in gasoline. One EPA’s Trends Report.14
Chicago, Denver, Houston, Minneapolis,
of the first programs to control toxic We are not reporting inventory trends
New York City, Philadelphia, Phoenix, for the metals on our list of MSATs
emissions from motor vehicles was the
Spokane, and St. Louis) and 16 (arsenic compounds, chromium
removal of lead from gasoline.
geographic regions. These areas were compounds, mercury compounds,
Beginning in the mid-1970s, unleaded
selected to reflect the range of potential nickel compounds, manganese
gasoline was phased in to replace
fuels, temperatures, and I/M programs compounds, and lead compounds) or for
leaded gasoline. The phase-out of
observed in the United States. Every dioxins/furans because we do not have
leaded gasoline was completed January
county in the country was then good data on these relationships at this
1, 1996 when lead was banned from
motor vehicle gasoline. The removal of ‘‘mapped’’ to one of these modeled areas time. Metals in mobile source exhaust
lead from gasoline has essentially or regions. Mapping was done based on can come from fuel, fuel additives,
eliminated on-highway mobile source a combination of geographic proximity, engine oil, engine oil additives, or
emissions of this highly toxic substance. I/M program, and fuel control programs. engine wear. Formation of dioxin and
• Ensuring emissions are controlled The estimation methodology used in the furans requires a source of chlorine.
throughout the vehicle’s life. Many of 1999 Study was similar to that used in Thus, while metal emissions and
our vehicle standards require our original 1993 Motor Vehicle Related dioxin/furan emissions are associated
certification of new engines and Air Toxics Study. In our approach, the with particles and it is possible that
vehicles, but ensuring continued MOBILE model is used to generate total some of these compounds track PM
performance of emission controls can be organic gas (TOG) emissions from on- emissions to some extent, there are a
difficult. The Clean Air Act establishes highway motor vehicles by vehicle class number of other factors that contribute
several programs to make sure vehicle and model year. Toxics fractions, to emissions, and we do not have good
emission controls are functioning developed as a percentage of the toxic data on these relationships.
properly in actual use. These programs compound of interest contained in TOG We did receive one comment
include requirements for periodic emissions, are then applied to the regarding inputs to the emission
emission inspections (I/M, or inspection MOBILE-based TOG emission rates inventory modeling performed for the
and maintenance programs) and for (reported in grams per mile) to arrive at NPRM. The National Petrochemical and
computerized on-board diagnostic toxics emission rates (reported in grams Refiners Association (NPRA)
systems that alert drivers and mechanics per mile or milligrams per mile). For commented that the vehicle miles
to malfunctioning emission controls. light-duty vehicles, information traveled (VMT) growth rates for heavy-
We encourage the interested reader to developed for the Complex Model was duty vehicles, which were based on
refer to Chapter 1 of our TSD for more used to develop these relationships. 1998 estimates from the Energy
detailed information about these These toxics fractions are developed as Information Agency (EIA), were too
programs. a function of vehicle class (e.g., light- high. In support of their comments,
duty, heavy-duty), fuel type (e.g., NPRA submitted EIA’s 1999 estimates
2. Emission Reductions From Control gasoline or diesel), fuel composition, which were lower than those from 1998
Programs and technology type (e.g., non-catalyst, used by EPA. For the inventory
We expect the mobile source catalyst). projections contained in today’s action,
emissions control programs described We do not have detailed emissions we have retained the same growth rates
above to have beneficial impacts on data for gaseous MSATs other than the used in the NPRM analysis. Based on
national inventories of MSATs. The five gaseous MSATs examined in the discussions with EIA, we believe the
remainder of this section summarizes 1999 Study. However, we expect the 2000 growth estimates will be higher
our MSAT inventory projections. First, trend for other gaseous MSATs, than both the 1999 estimates NPRA
we present an overview of the including acrolein, POM, styrene, referenced and the 1998 estimates we
methodologies used to project future xylene, toluene, ethylbenzene, used in the NPRM analysis.15 However,
emissions inventories. Next, we present naphthalene, and n-hexane, to follow
the results of our inventory projections. that of VOC, since all of these 13 The analysis methodology is described in a
We encourage interested readers to refer compounds are VOCs. We recognize memorandum from Meredith Weatherby, Eastern
Research Group, to Rich Cook, EPA, entitled
to Chapter 4 of our TSD for a more that some gaseous MSATs may not ‘‘Estimating of 1990 VOC and TOG Emissions’’ in
detailed discussion of these projections decrease at the same rate as VOCs EPA Air Docket A–2000–12.
and how we developed them. The overall. Without having more detailed 14 EPA, 2000. National Air Pollution Emission
inventory projections in this section are emission data for each of the MSATs, Trends, 1900–1998 (March 2000). Office of Air
for on-highway vehicles only. however, we are unable to project how Quality Planning and Standards, Research Triangle
Park, NC. Report No. 454/R–00–002.
Projections of nonroad MSAT emissions those rates may differ. Because we do 15 ‘‘Early Release of the Annual Energy Outlook
are included in Section VI of this not have emissions data for DEOG, we 2001,’’ available at www.eia.doe.gov/oaif/aeo/
preamble. are using diesel PM as the surrogate for earlyrelease/index.html, Energy Information
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Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations 17241
because the final 2000 numbers are not b. Emission Reductions heavy-duty engine standards. The 1996
yet available from EIA, we are retaining inventories presented in Table III–3 are
the use of the growth rates used in the Table III–3 presents the annual slightly higher than the 1996 inventories
NPRM as a more reasonable estimate emission projections for on-highway presented in Table III–2 because the
than the 1999 growth estimates. vehicles for five gaseous toxics, VOC, estimates of heavy-duty vehicle VMT
and diesel PM with our current on- have been updated and improved since
highway control programs and the the VMT estimates for the 1996 NTI
proposed 2007 and later model year were prepared.
TABLE III–3.—ANNUAL EMMISSIONS INVENTORIES FROM ON-HIGHWAY VEHICLES a
[Thousand short tons per year]
Compound 1990 1996 2007 2020
1,3 Butadiene ........................................................................................................... 36 24 12 10
Acetaldehyde ........................................................................................................... 41 31 17 13
Benzene ................................................................................................................... 257 171 89 68
Formaldehyde .......................................................................................................... 139 93 43 34
Diesel PM ................................................................................................................ 235 182 85 15
MTBE b ..................................................................................................................... 55 67 26 18
VOC ......................................................................................................................... 7,585 4,933 3,028 2,153
a Includes
the impact of our current on-highway control programs and the proposed 2007 and later model year heavy-duty engine standards.
b These
estimates do not include consideration of EPA’s examination of options to phase down or otherwise control the use of MTBE under the
Toxic Substances Control Act, or legislative authority that EPA has asked Congress to provide the Agency to address MTBE use in gasoline.
Table III–4 summarizes the percent diesel PM from 1990 and 1996 levels in proposed 2007 and later model year
reductions we expect in on-highway 2007 and 2020 as a result of our current heavy-duty engine standards.
emissions of gaseous MSATs, VOC, and on-highway control programs and the
TABLE III–4.—REDUCTIONS IN ON-HIGHWAY VEHICLE EMISSIONS a
Reduction in 2007 Reduction in 2020
Compound From 1990 From 1996 From 1990 From 1996
(Percent) (Percent) (Percent) (Percent)
1,3 Butadiene ........................................................................................................... 67 50 72 57
Acetaldehyde ........................................................................................................... 58 46 67 57
Benzene ................................................................................................................... 65 48 73 60
Formaldehyde .......................................................................................................... 69 54 76 64
Diesel PM ................................................................................................................ 64 53 94 92
MTBE b ..................................................................................................................... 52 61 67 73
VOC ......................................................................................................................... 60 39 72 56
a Includes
the impact of our current on-highway control programs and the proposed 2007 and later model year heavy-duty engine standards.
b These
estimates do not include consideration of EPA’s examination of options to phase down or otherwise control the use of MTBE under the
Toxic Substances Control Act, or legislative authority that EPA has asked Congress to provide the Agency to address MTBE use in gasoline.
The results of this analysis show that IV. Evaluation of Additional Motor impact of our most recent efforts to
on-highway emissions of the five Vehicle-Based Controls control VOCs, and the possibility of
gaseous MSATs examined are expected additional control. The Technical
We are not establishing new standards
to decline by 67 to 76 percent by 2020 Support Document contains additional
for motor vehicles in this rulemaking to
from 1990 levels with our existing and information.
control MSAT emissions. Based on the
proposed control programs. For some information available to the Agency at It is important to note that while we
gaseous MSATs, the reductions are even this time, we have determined that our are not adopting new vehicle-based
greater. Likewise, VOC inventories from proposed and current control programs controls in this rulemaking, we will
on-highway vehicles are projected to for VOC and diesel PM emissions from continue to consider the need for, and
decrease by 72 percent between 1990 motor vehicles will achieve the greatest feasibility of, vehicle-based controls in
and 2020 and we assume that other degree of MSAT control that is feasible the future and as part of our Technical
gaseous toxics would decrease by when cost and other relevant factors are Analysis Plan. As we have in the past,
approximately 72 percent as well. considered. This section summarizes we will also continue to look for
Finally, diesel PM emissions are our rationale for this determination, opportunities to control MSAT
projected to decline by 94 percent by including the relationship between emissions in conjunction with other
2020 from 1990 levels. EPA’s vehicle-based control programs pollutants (e.g., NOX, SO2, VOC). Most
and the control of MSATs (especially for of the vehicle-based comments focused
those programs established after the on these types of controls. These
1990 Clean Air Act Amendments), the
Administration, downloaded from EIA web site on
December 12, 2000.
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17242 Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations
comments are addressed in the emissions are only a significant issue for categories that we regulate: ‘‘light-duty’’
Response To Comments document. gasoline-fueled vehicles (or vehicles (vehicles 8,500 pounds gross vehicle
using volatile alternative fuels). weight rating (GVWR) or less) and
A. MSATs and Motor Vehicle-Based
Evaporative and refueling emissions are ‘‘heavy-duty’’ (vehicles above 8,500
Controls
controlled by eliminating sources of pounds GVWR).16 Within these light-
The majority of gaseous MSATs are potential liquid and vapor leaks within duty and heavy-duty categories, we
hydrocarbons that are primarily the the vehicle fuel system and venting any further distinguish vehicles and
result of incomplete combustion of vapors to an activated carbon canister or sometimes establish different emission
petroleum fuels. Since a small amount similar device. Activated carbon limits based on vehicle size or other
of raw fuel passes through the engine effectively adsorbs most hydrocarbon factors.
unburned, MSATs present in the fuel compounds, including the common
are also emitted in the exhaust. In either B. Vehicle-Based Standards To Reduce
evaporative-related MSATs.
case, the technologies used to reduce MSATs From Light-Duty Vehicles
Particulate matter emissions from
exhaust hydrocarbons also reduce the motor vehicles are primarily composed Before we began regulating
hydrocarbon species listed as MSATs. of partially burned carbon and automobile exhaust, vehicles typically
This is true whether control is achieved hydrocarbons from the fuel and engine emitted more than 9 grams per mile
through engine or component oil, and to a lesser degree, metals and (gpm) HC in exhaust emissions. Our HC
modifications, add-on devices, or the other inorganic compounds from emission standards in the 1970s and
use of aftertreatment devices such as contaminants or additives in the fuel or 1980s cut these levels by more than an
oxidation or three-way catalysts. We are engine oil, or products of engine wear order of magnitude, to 0.41 gpm in
not aware of vehicle or engine in the oil. Since our PM exhaust 1980. In 1991, we finalized Tier 1
technologies that selectively reduce emission standards apply without controls for light-duty vehicles and
MSATs without reducing other regard to the source of the PM, light-duty trucks to be phased in from
hydrocarbons to a similar degree. manufacturers must account for all of 1994 to 1996 (56 FR 25724). In 1998, we
The other major source of these emissions. Manufacturers have developed an innovative, voluntary
hydrocarbon emissions from motor significantly reduced PM emissions nationwide program to make new cars,
vehicles is fuel vapors. These emissions associated with unburned fuel and called National Low Emission Vehicles
occur when components of the liquid engine oil through combustion system (NLEV), significantly cleaner than Tier 1
fuel (gasoline or diesel) evaporate when and engine modifications. In some cars (63 FR 926). The NLEV program
on board the vehicle. The emissions are cases, they have also achieved went into effect in the Northeast states
normally separated into refueling reductions using aftertreatment. in 1999 and will go into effect in the rest
emissions and evaporative emissions To understand the relationship of the country in 2001. Table IV–1
(hot soak, diurnal, and running losses). between the Agency’s current emission illustrates the declining HC exhaust
The nature and amount of potential control program for on-highway standards through the NLEV program.17
MSATs associated with fuel vapors vehicles and the control of MSATs, it is Also shown in the table are the number
depend primarily on the fuel important to first understand the of miles for which the standards apply,
composition and the temperatures structure and scope of our current which has increased with time. Thus
involved. Gasoline is volatile and emission control programs. EPA’s manufacturers need to make their
evaporates at normal ambient emission control program for on- emission control systems more durable
temperatures, while diesel fuel is highway vehicles has historically been and reliable over a longer period of
relatively non-volatile. Thus evaporative divided into two broad vehicle/engine time.
TABLE IV–1.—HYDROCARBON (HC) EXHAUST EMISSION STANDARDS FOR LIGHT-DUTY VEHICLES
[GPM]
Year 1972 1975 1980 1994 2001
Standard ............................................................................... 3.4 1.5 0.41 a 0.31 b 0.09
Applicability (Miles) .............................................................. 50,000 50,000 50,000 100,000 120,000
1994 standard is a nonmethane hydrocarbon (NMHC) standard.
a The
b The2001 standard is a nonmethane organic gas (NMOG) standard. This standard will be replaced by the new multi-level Tier 2 NMOG
standards, but the average standard level should remain at approximately 0.09 gpm.
In December 1999, the Agency to maintain its effectiveness, nationwide when fully implemented, all vehicles
finalized the Tier 2/sulfur rule gasoline sulfur requirements were also designed for passenger use will have to
establishing light-duty requirements put into place. The Tier 2 program meet the stringent new emission
that will be phased-in beginning with begins in 2004 for passenger cars and standards.
the 2004 model year. These light LDTs (LDTs up to 6,000 pounds The Tier 2 program is designed to
requirements phase-in a set of tailpipe GVWR), while an interim program focus on reducing the ozone and
emission standards that will, for the first begins in 2004 for heavy LDTs (LDTs particulate matter air quality impact of
time, apply the same standards to over 6,000 pounds GVWR). For heavy these vehicles. Ozone reductions will be
passenger cars, light-duty trucks (LDTs), LDTs and MDPVs (medium-duty achieved through control of nitrogen
and larger passenger vehicles. To enable passenger vehicles), the Tier 2 standards oxides and non-methane hydrocarbons.
the very clean Tier 2 vehicle emission will be phased in beginning in 2008, As discussed above, it is the control of
control technology to be introduced and with full compliance in 2009. Thus, HC through the NMOG standards that
16 EPA recently created the new category of includes passenger vehicles 8,500–10,000 pounds 17 Our programs achieve VOC reductions through
‘‘medium-duty passenger vehicles’’ (MDPVs) that GVWR. standards that limit HC, NMHC, or NMOG.
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Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations 17243
results in the control of the gaseous achieve significant reductions in controls may achieve a greater degree of
toxics. The Tier 2 rule also established formaldehyde emissions. control of MSATs, which are generally
stringent PM standards. Control of PM In order to meet strict Tier 2 standards larger and heavier than many other
emissions will occur through reductions on a fleet-wide average, manufacturers gasoline components. Under these
in gasoline sulfur and the use of will have to use a combination of requirements, it is likely that
aftertreatment for diesel vehicles. sophisticated calibration changes and manufacturers will also need to upgrade
Because all Tier 2 standards are fuel emission system hardware materials and both increase the
neutral, the PM standards apply to both modifications to increase and maintain reliability of fuel/vapor hose
gasoline and diesel vehicles. high control system efficiency. They connections and fittings and reduce the
The Tier 2 standards will reduce new will be challenged to maintain tight air- number used in the system. We have
vehicle NOX levels to an average of 0.07 fuel control and improved catalyst also finalized on-board refueling vapor
grams per mile. The NMOG standards performance, especially achieving better recovery (ORVR) requirements for light-
vary depending on which of the various catalyst thermal management. duty gasoline vehicles (59 FR 16262,
‘‘bins’’ (i.e., certification categories) the Minimizing the time necessary for the April 6, 1994). ORVR is a nationwide
manufacturers choose to use in catalyst to reach its operating program for capturing refueling
complying with the average NOX temperature will be especially critical, emissions by collecting vapors from the
standard. However, we expect since the vast majority of emissions vehicle gas tank and storing them in the
significant reductions in NMOG occur in the minute or less which passes vehicle during refueling. The fuel
emissions from these vehicles as a result before the catalyst ‘‘lights off.’’ Many vapors are then purged into the engine
of the more stringent NMOG standards manufacturers are going to have to air intake to be burned while the vehicle
in the bins and the need to select bins depend more on the precious metal is being driven.
to meet the NOX average. When fully palladium for oxidation of NMOG and
phased-in, we expect fleet average CO emissions, as well as the reduction Taken as a whole, the Tier 2 program
NMOG levels at or below the 0.09 g/mi of NOX. Palladium is more tolerant to presents the manufacturers with
level. This will represent a 99 percent high temperatures and will enable significant challenges in the coming
reduction from uncontrolled pre-1970 manufacturers to increase catalyst years. It will require the use of hardware
levels. Since these controls should be at efficiency in a broad range of in-use and emission control techniques and
least as effective at reducing MSATs, conditions. These technologies will be strategies not used in the fleet today.
these standards should also reduce highly effective at reducing MSATs, Bringing essentially all passenger
MSATs to a similar extent from including benzene and formaldehyde. vehicles under the same emission
uncontrolled levels. Our existing regulations also contain control program regardless of their size,
The Tier 2 rule also finalized test procedures to measure evaporative weight, and application is a major
formaldehyde standards that harmonize hydrocarbon emissions during a engineering challenge. While there may
federal standards with the California’s simulated parking event (diurnal be other prototype technologies on the
LEV II program. Section 202(l)(2) of the emissions) and immediately following a horizon which could potentially reduce
Clean Air Act instructs the Agency to drive (hot soak emissions). In 1993, we cold-start emissions and therefore air
promulgate regulations that, at a finalized more stringent evaporative toxics, we have concluded that it would
minimum, apply to emissions of emission test procedures which apply to not be appropriate to set tighter
benzene and formaldehyde. We believe light-duty and heavy-duty gasoline standards in this FRM based on these
that the shift to a toxics emissions vehicles. That rule also addressed fuel prototype technologies. We are not
performance requirement will limit spitback and spillage during refueling. convinced that these technologies
emissions of these two pollutants. In These procedures were fully phased in would be feasible and cost effective on
response to comments, we also by 1999 (58 FR 16002). The Tier 2 rule a fleet-wide basis in the near future.
considered setting more stringent included even more stringent This is discussed in more detail in
vehicle-based formaldehyde standards requirements. The Tier 2 evaporative Chapter 6 of the TSD.
in this FRM. However, since we are not standards represent, for most vehicles, C. Vehicle-Based Standards To Reduce
aware of any technology that could more than a 50-percent reduction in MSATs From Heavy-Duty Engines
specifically reduce formaldehyde diurnal plus hot soak standards from
emissions, we have no confidence that those that will be in effect in the years Table IV–2 summarizes the
more stringent vehicle or engine immediately preceding Tier 2 hydrocarbon and PM standards for
formaldehyde standards would be implementation. These standards heavy-duty engines. Also shown in the
feasible. Nevertheless, we remain should achieve similar reductions in table are estimates of emission rates
confident that the combination of our gaseous MSATs. In fact, since the from uncontrolled engines. In addition,
Toxics Performance Standard, Tier 2 activated carbon used to capture the standards in our recently proposed
formaldehyde standards and Tier 2 evaporative emissions preferentially 2007 heavy-duty rulemaking are also
NMOG standards described above will adsorbs larger organic molecules, these shown in the table.18
TABLE IV–2.—HC AND PM EXHAUST EMISSIONS AND STANDARDS FOR HEAVY-DUTY ENGINES
Gasoline (Otto-Cycle) Diesel
Exhaust HC Exhaust HC Exhaust PM
Uncontrolled Emissions ........................................................................... 10–13 g/bhp-hr .......... 4 g/bhp-hr .................. 0.7 g/bhp-hr.
Current Standards ................................................................................... 1.1 g/bhp-hr a ............. 1.3 g/bhp-hr ............... 0.10 g/bhp-hr.
2004/5 Standards .................................................................................... 0.25 g/bhp-hr b ........... 0.4 g/bhp-hr c ............. 0.10 g/bhp-hr.
18 65 FR 35429, June 2, 2000.
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17244 Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations
TABLE IV–2.—HC AND PM EXHAUST EMISSIONS AND STANDARDS FOR HEAVY-DUTY ENGINES—Continued
Gasoline (Otto-Cycle) Diesel
Exhaust HC Exhaust HC Exhaust PM
Proposed 2007 Standards ....................................................................... 0.14 g/bhp-hr ............. 0.14 g/bhp-hr ............. 0.01 g/bhp-hr.
a Currentstandard is 1.9 g/bhp-hr for Otto-cycle vehicles over 14,000 GVWR.
b Standard was set as a 2005 NMHC+NO standard; level shown is estimated equivalent NMHC standard.
X
c Standard is a 2004 NMHC+NO standard; level shown is estimated equivalent NMHC standard.
X
With regard to exhaust emission development, but it would also reduce section 202(a) as well as 202(l)(2) and
standards, the proposed 2007 heavy- sulfate PM emissions . therefore defers to the technical
duty engine standards would reduce We have recently extended our decisions made in that rulemaking.
hydrocarbon emissions to levels onboard diagnostic (OBD) requirements
D. Conclusions Regarding Vehicle-Based
approaching 0.1 g/bhp-hr for both to heavy-duty gasoline engines up to
Standards
gasoline and diesel. This would result 14,000 pounds GVWR (65 FR 59896,
in a significant reduction even when October 6, 2000). These OBD provisions We are not establishing new standards
compared to the 2004 standards. require that vehicle manufacturers for motor vehicles in this rulemaking to
Similarly, the new exhaust PM standard install dashboard indicators that alert control MSAT emissions. We believe
for heavy-duty diesel engines is drivers to the need for emission-related our decision in this regard is
stringent. This standard (0.01 g/bhp-hr) maintenance, and electronic monitors appropriate given the information
is a 90-percent reduction from current that store codes in the vehicle’s currently available. We are also
standards which are currently being computer to assist mechanics in the confident that our existing programs
achieved with significant combustion diagnosis and repair of the malfunction. (and proposed programs, if finalized)
chamber and engine modifications. As some of the commenters noted, will continue to achieve very significant
Achieving a 0.01 g/bhp-hr standard will requiring that all highway vehicles reductions in MSAT emissions.
require the use of catalyzed PM traps. incorporate these OBD systems will The Tier 2 program represents a
This technology will also result in HC ensure good control of in-use emissions, comprehensive, integrated package of
emission reductions. It is further worth including MSAT emissions. We are in exhaust, evaporative, and fuel quality
noting that the proposed 2007 standards the process of developing a proposal standards. The Tier 2 program will
include provisions for a closed that would address OBD provisions for achieve significant reductions in
crankcase for turbocharged diesel all other heavy-duty vehicles. NMHC, NOX, and PM emissions from all
engines. Crankcase emissions from these We have also proposed in the 2007 light-duty vehicles in the program.
engines are a significant source of rulemaking more stringent evaporative These reductions will include
MSATs (PM and hydrocarbons) that has standards, which will force even further reductions in MSATs. Emission control
previously remained uncontrolled. refinements in fuel/vapor systems. in the Tier 2 program will be based on
For chassis-certified gasoline-powered Beginning in 2005, onboard refueling the widespread implementation of
heavy-duty vehicles, EPA proposed that vapor control will be required for all advanced catalyst and related control
beginning in 2007 they meet exhaust heavy-duty gasoline-powered vehicles system technology. The standards are
hydrocarbon standards of similar (65 FR 59896, October 6, 2000). This very stringent and will require
stringency to those discussed above for would reduce emissions by 95 percent manufacturers to make full use of nearly
Tier 2. These include hydrocarbon from current uncontrolled levels. In all available emission control
standards of 0.195 g/mi for vehicles of addition, as part of the proposed 2007 technologies. To illustrate this point, it
8,500–10,000 lbs GVWR and 0.23 g/mi rulemaking, EPA proposed to reduce is worth noting that about 80 percent of
for vehicles of 10,001–14,000 lbs evaporative emission standards by 50 all remaining emissions from a well-
GVWR. percent over current standards. Both maintained Tier 2 vehicle will occur in
Fuel quality changes will enable refueling controls and further the first 60 seconds of operation, before
gasoline and diesel-powered vehicles/ evaporative controls will reduce the catalyst ‘‘lights-off.’’ Manufacturers
engines to meet the more stringent evaporative emissions of air toxics from will have to optimize both their cold-
standards over their full life. As part of heavy-duty vehicles even further. start strategies and the efficiency of
the Tier 2 rule, EPA promulgated The proposed rulemaking for 2007 warmed systems to achieve the Tier 2
provisions limiting gasoline sulfur heavy-duty engine and vehicle levels. Compliance with the Tier 2
levels to 30 ppm average and 80 ppm standards contains extensive analysis standards will require the application of
cap. This program phases in beginning and discussion of the technological emission technology not widely used in
in 2004, and will enable a new feasibility of potential HC and PM the light-duty fleet today and in some
generation of vehicle emission control emission controls for heavy-duty cases the use of technological
for heavy-duty gasoline vehicles and engines. That draft analysis approaches still under development.
also improve the emission performance demonstrated EPA’s belief at the time of Based on the information available to
of the current fleet. Sulfur is a fuel the proposal that those heavy-duty the Agency at this time, we believe that
contaminant, and controlling sulfur will standards would be the greatest degree the technologies that will be applied to
also reduce sulfate PM emissions. The of emission reduction achievable meet the Tier 2 requirements provide
2007 heavy-duty proposal mentioned through the application of technology the greatest achievable reductions in
above also includes provisions that that will be available considering costs emissions of air toxics as well,
would greatly reduce the sulfur content and other relevant factors. EPA believes considering costs and other relevant
of current on-highway diesel fuel. Not that the proposed rule to establish 2007 factors.
only would this reduction enable the model year standards for heavy-duty The existing emission control
emission control technology now under diesel engines satisfies the criteria in program for heavy-duty engines and
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Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations 17245
vehicles has already achieved major comments on the fuels aspects of this on the refining industry. Some have
reductions in MSAT emissions . New rulemaking. claimed that a refinery-specific
more stringent emission standards for performance requirement is inherently
A. Form of the Rule
heavy-duty engines will take effect in unfair because those refineries that have
2004 and 2005. We have also proposed 1. What Is the Form of the Rule EPA Is overcomplied to the greatest extent will
a further initiative that would require Promulgating Today? receive the most stringent new baseline
additional control of heavy-duty We are finalizing new toxics requirement. We recognize generally
vehicle/engine emissions (65 FR 35430, emissions performance requirements that setting standards based on current
June 2, 2000). This would establish new (TPR) for gasoline. This anti-backsliding production may appear to penalize
heavy-duty engine and vehicle emission program will require, beginning with those who have voluntarily
standards beginning with model year calendar year 2002, that a refinery’s or overcomplied. In fact, there is at least
2007. The 2007 rulemaking is being importer’s annual average total toxics one refinery that has sought and
finalized separately in a broader emissions performance, as predicted by received Agency recognition for its
rulemaking that addresses the the Complex Model, for its baseline efforts to voluntarily overcomply with
complicated implementation issues production volume of reformulated existing requirements.
associated with proposed emission gasoline (RFG) not exceed its 1998–2000 The Agency recognizes as a general
standards. In developing a final rule that baseline RFG total toxics emissions matter the importance of providing
would establish these standards, the performance. Likewise for conventional appropriate incentives for the regulated
Agency intends to adopt standards that gasoline (CG), this rule will require that community to take actions consistent
would result in the greatest achievable the exhaust toxics emissions with improving the environment.
reductions in emissions of air toxics as performance of a refinery’s or importer’s However, in this case, we believe that
well, considering costs and other baseline production volume of CG not setting refinery-specific standards is the
relevant factors. exceed its 1998–2000 baseline exhaust most appropriate and equitable
toxics emissions performance for CG. approach to ensuring that emissions do
We have also made significant
The 1998–2000 baseline RFG or CG not increase above current levels. As we
progress in the area of in-use operation.
toxics emissions performance value is explained in the NPRM, we believe that
To address the malmaintenance issue,
the average performance of the gasoline these refineries that have overcomplied
we have established OBD requirements
produced at the refinery (or imported) have done so primarily because it was
for manufacturers (both light-duty and
over the three year period 1998 through economically advantageous. In most
heavy-duty). To address both the
2000. Emission values are determined cases, the financial incentive to
malmaintenance and tampering issues,
using the Complex Model,19 and overcomply is due to proximity to a
we are working with states to develop
compliance with the program is market for chemical benzene. If the
and optimize inspection and
determined separately for RFG and CG. Agency were to establish a single,
maintenance (I/M) programs that
We have included in our program a nationwide standard, commenters could
monitor the emission performance of in- legitimately characterize such an action
use vehicles. Historically, these number of compliance flexibilities, such
as a deficit and credit carryforward, and as penalizing those refineries that are
programs have relied on tailpipe testing not located near petrochemical markets.
to identify high-emitting vehicles. a compliance margin, to offset
unexpected or unusual variances in the Since each refinery is unique in terms
However, these programs have begun to of construction and location, any single
rely more on the OBD systems to gasoline quality of a refinery (or
importer). We believe that these standard will create varying degrees of
identify the high-emitting vehicles, as challenges. Faced with a situation
well as the cause of the emission provisions will help to ensure that this
program does not require new capital where a significant number of refineries
problem. We are also investigating ways have overcomplied with existing
in which we could encourage the use of investments or changes in refinery
operations, and thus will not pose an standards, the Agency has sought to
new emission controls on older craft a rule that represents the greatest
vehicles. As described in the Response additional burden on refiners. Were this
degree of emission reductions
to Comments, these are not being program to require new investments in
achievable considering costs. The
finalized in this FRM. the refining sector, we would be
regulation that we finalize today
concerned that it would impose an
V. Evaluation of Additional Fuel-Based achieves these goals.
economic burden on refiners that would
Controls be inconsistent with our finding that an 2. Why Did EPA Change From the
The previous section evaluated motor anti-backsliding program at negligible Proposed Benzene Fuel Content Form of
vehicle controls in the context of mobile cost is the most stringent program that the Rule to the TPR?
source air toxics (MSATs). The primary we can justify in the near term. In the Notice of Proposed
purpose of this section is to discuss the The current rule is designed to avoid Rulemaking, we proposed a benzene
fuel program being promulgated today. increases in toxic emissions from content requirement in order to capture
We discuss the form of the rule, major gasoline while imposing the least cost the significant amount of
areas of comment including our 19 The Complex Model is a regulatory tool for
overcompliance above and beyond the
response and final decisions on those estimating emissions for the reformulated gasoline
requirements of the federal reformulated
aspects, and the details of the fuels and anti-dumping programs. The Complex Model gasoline and anti-dumping programs.
program. We also discuss why we are inputs are eight specified fuel parameters: benzene, Average benzene levels in 1998 and
not at this time considering other fuel oxygen content (by oxygenate type), sulfur, Reid 1999 were 0.66 volume percent for RFG
Vapor Pressure, aromatics, olefins and the percents
controls as a means of reducing MSATs. evaporated at 200°F and 300°F (E200 and E300).
and 1.11 volume percent for
The details of our technical analyses of Complex Model outputs are the estimated conventional gasoline. These national
these fuel issues can be found in emissions (VOC, toxics, NOX) resulting from the average benzene levels are significantly
Chapter 7 of the Technical Support fuel parameters specified. The Complex Model also below current requirement of 0.95
calculates percent reductions of the input slate of
Document (TSD). The Response to fuel parameters and resulting emissions compared
volume percent for RFG and average
Comments Document contains our to a base set of fuel parameters and resulting base conventional gasoline baselines of 1.3
responses to all of the relevant emissions. volume. Benzene emissions account for
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17246 Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations
roughly 70% of motor vehicle air toxics expected environmental performance Evaluation of a Toxics Performance
(i.e., benzene, formaldehyde, and its potential cost to industry. Requirement
acetaldehyde, 1,3-butadiene and POM). Section 112(k) of the Clean Air Act There are several advantages for
The Agency asked for comment on identifies five toxic air pollutants adopting a toxics performance
two other forms of the rule: benzene related to gasoline—benzene, 1,3- requirement. It allows for a more
emissions performance and toxics butadiene, acetaldehyde, formaldehyde comprehensive approach to capping air
emissions performance. The Agency did and POM. Benzene emissions are about toxics emissions at current levels. By
not propose a toxics performance form 70 percent of the total mass of these focusing on the five toxic compounds
because of concerns that capping the toxics, but all of these toxics are known modeled by the Complex Model instead
total mass of toxics would allow or probable human carcinogens and of only benzene, the mass emissions of
benzene emissions to potentially
pose a risk to public health and welfare. air toxics placed under anti-backsliding
increase if other air toxics declined.
Benzene emissions are a function of constraints is substantially increased.
However, subsequent refinery modeling
benzene fuel content, but other Also, by focusing on emissions instead
showed that benzene emissions would
components in the fuel also influence of fuel content, the new rule will
be unlikely to increase in the future
benzene emissions, such as total establish an appropriate performance
following implementation of RFG Phase
II and Tier 2 low sulfur gasoline aromatics, sulfur, and Reid Vapor requirement while simultaneously
standards, and the proposed low sulfur Pressure. Controlling the benzene providing some additional flexibility to
diesel standards. We viewed a benzene content of RFG and CG would in effect regulated entities. Finally, it offers
emissions requirement as tantamount to control only a portion of the benzene broader protection to public health
a benzene content requirement, but emissions, which in turn are only a because all five toxics included in the
more difficult to quantify and enforce portion of total toxic emissions. The toxics performance requirement are
because there is not currently such a Agency is concerned ultimately with known or probable human carcinogens.
rule in effect. reducing ambient concentrations and Section 202(l)(2) of the Clean Air Act
We received a significant number of exposure to air toxics. instructs the Agency to promulgate
comments on this proposal during the regulations that, at a minimum, apply to
The costs related to a benzene content emissions of benzene and
public hearing and in written comments standard were calculated using a
submitted to the Agency. In general, formaldehyde. The shift to a toxics
refinery model. The Agency found that emissions performance requirement will
commenters from the petroleum
a benzene content standard would limit emissions of these two pollutants
industry stated that there are significant
costs associated with the benzene impose aggregate annual costs along with emissions of 1,3-butadiene,
content form of the rule. These same (including amortized capital and all the POM and acetaldehyde. Thus, while
commenters pointed out that there was operating costs) of $74 million for refiners will have the ability to adjust
little environmental benefit to the refineries in PADDs I, II, and III. On a fuel parameters in ways that will
proposed requirements to justify their per gallon basis, the annual cost of the increase the emissions of one or more of
costs. Others commented that the proposed benzene content standard was these pollutants, any such increase must
Agency’s concern about benzene predicted to be 0.0702 c/gal. Since be offset by reductions in the emissions
emissions would be better served by a gasoline production in PADDs I, II, and of the other pollutants.
performance requirement since there is III represents about 91% of the national All of the pollutants covered by the
expected to be upward pressure on gasoline supply without California toxics performance control are
aromatics due to future environmental refiners, if we extrapolate this cost to carcinogens. The nationwide
regulations and capping benzene fuel the rest of the U.S., the aggregate cost inventories and ambient concentrations
content will not prevent increases in would be approximately $81 million for of all of these five pollutants are heavily
fuel aromatics. Several commenters the nation. California gasoline influenced by motor vehicle emissions.
found that the rule did not go far production is not included in this cost Without today’s anti-backsliding
enough to protect public health and analysis because this regulation does program, the current standards would
welfare from the potential risk from not apply to California gasoline. leave room for toxics emissions from
mobile source air toxics. gasoline-fueled motor vehicles to
It is important to note that there are increase by 70,000 tons per year (based
In response to these comments, and some advantages related to fuel content
based on refinery modeling performed on 1996 inventory levels) as described
standards. Compliance and enforcement in the Technical Support Document.
for this rulemaking, the Agency will
are aided by the ability to test the fuel This would amount to a 14% increase,
finalize a toxics performance
rather than relying on estimates derived on average, in RFG areas, and a 18%
requirement instead of a benzene
from a model. A fuel content standard increase, on average, in CG areas.
content requirement. The Agency’s
does not rely on an emissions model Capping the overall toxics emissions
general rationale is twofold: a toxics
that may not fully estimate emissions performance of gasoline to reflect
performance requirement captures a
larger amount of the overcompliance from the vehicle fleet on the road today current overcompliance is an
with the existing standards while or in the future. Thus the decision to appropriate means of addressing the
imposing less costs on the refining shift from a fuel content to an emissions potential adverse public health impacts
industry than the proposed benzene based requirement in this rule should that could occur if this backsliding from
content requirement. This action is not be viewed by the reader as current levels were to occur. While we
consistent with comments received from suggesting that the Agency in a general are not able to quantify the risk to
the regulated industry and the Agency’s sense is no longer interested in controls public health that would result if
updated refinery modeling. on specific fuel components. It is simply backsliding were to occur, we believe a
in this particular case that we found an precautionary approach is appropriate.
Evaluation of a Benzene Content emissions performance requirement to By adopting anti-backsliding controls,
Standard be superior under a combined this precautionary approach will protect
The Agency evaluated the benzene consideration of broader environmental public health by reducing the potential
content standard in terms of its benefits and lower costs. risks to public health from backsliding.
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Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations 17247
The Act also instructs the Agency to 3. What Are the Benefits of the TPR? a toxics emissions performance standard
take costs into consideration. As stated for RFG, and an anti-backsliding toxics
previously, numerous petroleum The purpose of today’s action is to standard for conventional gasoline
refineries provided written testimony prevent future increases above the
based on 1990 baseline toxics levels for
that a benzene content requirement current level of air toxic emissions
each refinery. On average, refineries
would impose significant costs on the derived from existing fuel properties.
This anti-backsliding measure will have overcomplied with the toxics
industry. The Agency conducted emissions performance standards for
refinery modeling for this rule which ensure that mass emission rates (in
milligrams per mile, mg/mi) of air toxics both RFG and CG. Table V–1 compares
accounted for the impact on refinery the percent reductions required for RFG
operations and fuel properties of Tier 2 from motor vehicles do not increase
while the Agency gathers additional Phase I and the national average CG
low sulfur gasoline and low sulfur
information for a forthcoming mass toxics emissions with actual
diesel fuel. This modeling analysis,
discussed in more detail in the TSD, rulemaking in 2003–2004. national average performance in 1998,
found that the costs associated with the The Clean Air Act identified five air which was the most recent year for
benzene content requirement were toxics in the federal reformulated which complete and accurate data was
significantly higher than the costs that gasoline program: benzene, 1,3- available. On a national average, greater
a toxics performance requirement would butadiene, formaldehyde, acetaldehyde, overcompliance was experienced for
impose on the industry. and POM. The RFG program established RFG than for CG.
TABLE V–1.—OVERCOMPLIANCE WITH TOXICS PERFORMANCE STANDARDS FOR RFG AND CG
Percent
difference in
Phase I Standards 1998 Average emissions
(Percent)
RFG, Percent Reduction from statutory baseline, .............................. 16.5% reduction ............. 28.1% reduction ............. 15%
Total Toxics Performance (equivalent mg/mi) .................................... (45.3 mg/mi) ................... (38.4 mg/mi) ...................
CG, Mass Emissions, .......................................................................... 47.3 mg/mi a ................... 44.7 mg/mi ..................... 6%
Exhaust Toxics Performance
a Volume-weighted average of refinery-specific standards.
The 1998 average values were based reaction to unforeseen future announced, on March, 2000, the
on volume-weighted toxics performance circumstances. Administration’s legislative principles
values for batch reports for all refineries for protecting drinking water supplies,
4. What Are the Costs of the TPR?
in the U.S. which produced gasoline in preserving clean air benefit and
1998. The data available to us at this In conjunction with this rulemaking, promoting renewable fuels and urged
time does not allow us to account for we analyzed refinery modeling results Congress to take action consistent with
the impact of imports on these for gasoline production regions in the these principles. These actions were
nationwide average values. The values Atlantic and Gulf Coasts, specifically based initially on recommendations of
in Table V–1 differ slightly from those PADDs 20 I and III. This modeling EPA’s Blue Ribbon Panel on Oxygenates
in the NPRM because we excluded analysis used the average regional in Gasoline.
noncomplying refineries from the gasoline fuel properties produced in The Agency recognizes that the use of
analysis and volume-weighted only 1999 to quantify the emissions
MTBE does have an impact on
actual emissions in units of mg/mi performance of gasoline in these regions
emissions of toxic air pollutants from
instead of percent change values for in 1999. The refinery modeling also
motor vehicles. The Blue Ribbon Panel
each refinery. predicted the likely regional fuel
found that present toxic emission
properties after refineries modified their
Overcompliance with RFG standards performance of RFG can be attributed, to
operations to comply with the future
resulted in substantial toxics reductions some degree, to the use of oxygenates.
requirements for Phase II RFG, Tier 2
beyond what was required by law. We Further, the Panel recommended that
low sulfur gasoline, and proposed low
have estimated reductions in the total any future change in the use of MTBE
sulfur diesel fuel (hereafter future fuel
toxics inventories due to regulations). The Agency applied the in gasoline should ‘‘ensure that there is
overcompliance of 70 thousand tons in Complex Model to evaluate the no loss of current air quality
1996 and 40 thousand tons in 2007, projected emissions performance of the benefits.’’ 21 The anti-backsliding nature
using the inventories from the 1999 EPA predicted gasoline properties in these of this rulemaking is consistent with the
Motor Vehicle Air Toxics Study (see regions. The reader should refer to the Panel’s recommendations. Should the
TSD). While we do not believe that TSD which accompanies this rule for Agency take action in the future to limit
refiners are likely to increase their more detailed discussion of the refinery the amount of MTBE in fuel, its impact
toxics content in the absence of this modeling. on emissions of air toxics—and the
regulation, it is nonetheless important to The Agency is currently pursuing a potential for additional costs due to
ensure that these benefits are separate rulemaking under the Toxic today’s action—would be carefully
maintained in the event of unforeseen Substances Control Act (TSCA) to considered. As EPA develops any
circumstances that may otherwise result address the use of MTBE, and thus we regulatory actions to address MTBE and
in backsliding on toxics standards up to have deferred consideration of MTBE water resource issues, the Agency will
existing legal limits. Without this controls to that rulemaking. Note that consider the overall impact on the
regulation, such backsliding could occur the EPA and the United States
21 Achieving Clean Air and Clean Water: The
if refineries increase benzene or Department of Agriculture jointly
Report of the Blue Ribbon Panel on Oxygenates in
aromatics to increase octane levels, or if Gasoline, EPA420–R–99–21, September, 1999, at 6–
they change their refinery operations in 20 Petroleum Administration for Defense Districts. 7.
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17248 Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations
refining industry of any such action B. Issues and Areas of Comment on Because we are promulgating toxics
and, along with today’s rule, and other Non-implementation Related Aspects of performance requirements that are
relevant factors. the Program identical in form to the toxic
Because the new baseline performance standards already in place,
1. What Is the Relationship Between the
today’s rule does not change the ability
requirements do not require refiners to RFG and Anti-dumping Requirements
of States to regulate gasoline
install new equipment or use new and the Toxics Anti-backsliding
characteristics or components. As
technologies beyond what they were Requirements?
discussed in the NPRM, we believe a
using in the baseline period (1998– The reformulated gasoline program toxics performance requirement may not
2000), this program imposes only established a toxics performance cause States to be prohibited by section
negligible costs. This conclusion is standard for gasoline used in those 211(c)(4) of the Act from setting their
based on our analyses of likely refiner metropolitan areas with the worst ozone own fuel benzene standard. Note that
behavior based on the expected levels. An anti-dumping toxics standard any such State fuel benzene standard
requirements in the time frame was established for gasoline used in could only be set for conventional
applicable for this rulemaking. those areas not required to have RFG gasoline because the reformulated
Unforeseen circumstances could change and which did not opt to use RFG. The gasoline regulations impose a federal
a refiner’s actions needed to comply anti-dumping toxics standard was benzene standard on RFG, thus
with this rule, which in turn could lead intended to prevent refineries from preempting States from setting a more
to additional costs depending on their shifting certain less desirable fuel stringent RFG benzene standard.
chosen course of action. components into the conventional EPA recognizes the concerns
gasoline pool as a result of RFG expressed by the petroleum industry
In contrast, the proposed benzene production. The anti-dumping program that a patchwork of different state fuel
content standard was predicted to was an anti-backsliding program for standards, sometimes referred to as
impose higher costs while capturing a exhaust toxics and NOX relative to the ‘‘boutique’’ fuels, may increase the
smaller amount of the existing baseline year of that program, 1990. likelihood of disruptions in the fuel
overcompliance with toxic standards. Today’s anti-backsliding requirements supply. In most situations, EPA believes
As stated previously, the Agency found are in addition to the applicable RFG or that a uniform national program is the
that a benzene content standard would anti-dumping requirements for gasoline. best way to protect public health and
impose aggregate annual costs Today we are establishing refinery- minimize disruption to the efficiency of
(including amortized capital and all the specific toxics performance the country’s fuel distribution network.
operating costs) of $74 million for requirements (TPR) for reformulated EPA’s general expectation is that States
refineries in PADDs I, II, and III. On a and conventional gasoline. A refiner will consider these issues in evaluating
per gallon basis, the annual cost of the will now have to meet both today’s whether adoption of a state fuel program
proposed benzene content standard was toxics requirements and the applicable would be warranted.
predicted to be 0.0702 c/gal. Since toxics performance for RFG or anti-
dumping. 2. How Are Incremental Production
gasoline production in PADDs I, II, and Volumes of RFG Affected by This Rule?
In the NPRM, we asked for comment
III represents about 91% of the national
on repealing the anti-dumping program. In the NPRM, we proposed to apply
gasoline supply without California We received comments from many the RFG requirements determined for
refiners, if we extrapolate this cost to refiners in support of this this final rule to those volumes of RFG
the rest of the U.S., the aggregate cost recommendation from the National up to the baseline volume of RFG. We
would be approximately $81 million for Petrochemical & Refiners Association did not propose to extend the
the nation. California gasoline (NPRA). However, we find that we requirements to incremental RFG
production is not included in this cost cannot repeal the anti-dumping production volumes, but asked for
analysis because this regulation does program. The anti-dumping program is comment on the appropriate
not apply to California gasoline. required by the Clean Air Act and we requirements to apply to a refinery’s
There are limitations to the ability of cannot ensure that today’s requirements incremental volume of RFG.
a refinery model to predict the costs and the Tier 2 gasoline sulfur Incremental volume of RFG means that
associated with each refinery. This requirements will exactly duplicate the amount of RFG produced in a calendar
inherent limitation of refinery modeling anti-dumping program. For example, the year above the RFG annual average
gasoline sulfur standards do not baseline (1998–2000) volume of the
is of particular concern with the
guarantee that all conventional gasoline refinery. Based on projections of vehicle
refinery-specific requirement that is
will meet the individual NOX miles traveled (VMT), RFG demand is
adopted today. To help ensure that each performance standards because some expected to increase about 1.5% per
refinery affected by this rule is faced anti-dumping individual baselines have year.
with the type of costs estimated by the even lower average sulfur levels than We sought comment on two
Agency’s refinery modeling, we the gasoline sulfur program will require. approaches for regulating the
incorporated several flexibilities into Additionally, the flexibilities provided incremental RFG volume. The first
the final rule. We have expanded the in today’s rule, such as deficit and would be to apply the individual
baseline period from two to three years, credit carryforward, could cause the refinery requirement to the incremental
provided a one-year carryforward for anti-backsliding toxics emissions volume, in effect subjecting all of a
credits and deficits, and adopted performance to exceed the anti-dumping refinery’s annual RFG production to its
compliance margins for RFG and CG. toxics performance requirement in a individual baseline under today’s
given year. Nonetheless, we understand program. The other would be to apply
the refiners’ concerns on this issue, and a non-individual requirement to the
we will take steps to ensure that the incremental volume. This could be a
compliance process, including any national control level based on the
reporting requirements, is as current national average toxics
streamlined as possible. performance of RFG (or some less
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Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations 17249
stringent level), but would not be less of both CG and RFG, because short-term difficulties due to supply or
stringent than the applicable standard incremental volumes are primarily a operational problems. We believe these
under the RFG program. function of growth in demand for flexibilities are sufficient to preclude
Many refiners did not want the gasoline, which affects both CG and significant negative impacts of this rule
incremental volume of RFG subject to RFG. However, requiring refiners to on both small and large refiners.
any controls (i.e., the individual refinery meet a more stringent toxics standard
baseline or the national average 4. Is This rule Expected to Constrain the
for these incremental volumes could
baseline) other than the current Potential for Expanded Use of Ethanol
require additional capital investment
applicable RFG standards. Some refiners in Conventional Gasoline?
and thereby impose a constraint on
commented that we should exempt incremental gasoline production. As a While refinery modeling to answer
incremental volumes of CG from the result, we have decided to exclude this particular question has not been
final requirements as well. DOE pointed incremental volumes from our anti- performed, the Agency does not believe
out that future growth in gasoline backsliding program for both RFG and that the toxics performance requirement
demand will likely be addressed CG. will constrain the potential for
through increased imports as well as After consideration of these expanded use of ethanol in
greater use of existing FCC units and comments on this issue and our analysis conventional gasoline. If ethanol is used
reformers, all of which would likely of incremental production volumes, we in conventional gasoline at ten percent
increase the toxic emission are finalizing a program in which the by volume, gasoline components such
characteristics of all gasoline, be it RFG toxics performance requirements as aromatics, benzene and olefins will
or CG. finalized today will not apply to be diluted by ten percent, thus lowering
This rulemaking contains several incremental volumes of RFG or CG. Any associated toxic emissions. Ethanol does
unique factual circumstances that bear volumes of gasoline that are above a have the effect of increasing exhaust
on this issue. The Agency has a strong refinery’s baseline volume will thus be emissions of acetaldehyde, but
interest in creating incentives, and not subject only to the existing toxics acetaldehyde contributes only about 6
creating disincentives, for refiners to standards under either the RFG or anti- percent to the mass of five toxics air
produce additional barrels of cleaner- dumping programs. For RFG, pollutants used in the Complex Model
burning RFG in the future. Placing new incremental volumes will remain to model toxics performance (benzene,
constraints on incremental RFG subject to the current 21.5 percent 1,3-butadiene, formaldehyde,
production may unnecessarily hamper standard for total toxics given in 40 CFR acetaldehyde, and POM).22 Thus even a
the expanded use of RFG and its § 80.41(f). Incremental volumes of CG relatively large increase in acetaldehyde
associated air quality benefits. will remain subject to the current CG emissions should be offset by a ten
Gasoline production in the United requirements for exhaust toxics percent decrease in more than 90
States is expected to increase by about emissions. For those refineries or percent of the remainder of toxic
1.5 percent per year for the next several importers that are unable to establish a emissions.
years. In the few years between volume baseline for 1998 to 2000 either
promulgation of this rule and the 5. Is Diesel Fuel Control a Part of
because they were not operating during
reevaluation in 2003–2004, incremental Today’s Regulation?
that period, or did not exist as a refining
volumes will only account for a small or importing facility, the applicable The fuel controls being set in today’s
fraction of total US gasoline production standard shall be the 1998–2000 action are only for gasoline. We are not
and consumption. Such a small fraction national average toxics performance for setting air toxics requirements for diesel
is unlikely to have a material effect on RFG and CG. We believe this approach fuels because, unlike for gasoline, we do
the anti-backsliding goal of this rule. ensures that increasing gasoline demand not have data that would allow us to
Moreover, to determine the potential can be addressed without requiring correlate individual diesel fuel
effect of excluding incremental volumes additional toxics reductions that might properties with toxics emissions. We do
from this regulation, we investigated the not be achievable under Section not have a model to explore the toxics
historical impact of volume increases on 202(l)(2) in the near-term. impacts of different diesel fuel
fuel benzene content for RFG and CG. formulations and therefore, a diesel fuel
Pool-average benzene levels in CG did 3. Does This Rule Contain Any Small reformulation program, similar to the
not show a statistically significant Refiner Provisions? reformulated gasoline program, is not a
increase. While pool-average RFG did We did not have a SBREFA panel for viable toxics control option. We intend
show a statistically significant increase this rule because we believe this rule to include research on diesel fuel-
when production volume increased, the will not have a significant impact on a related air toxics in our Technical
increase was small—on the order of an substantial number of small refiners. At Analysis Plan.
increase of 0.005 benzene volume the same time, however, we are
percent per 1 percent total volume. sensitive to small refiner concerns about C. What Are the Components of the
Thus the incremental volume exclusion their ability to meet these anti- Anti-backsliding Toxics Performance
is unlikely to have a material impact on backsliding requirements. Nevertheless, Program?
air toxic emissions from gasoline. See we believe that no small refiner 1. Start Date
the Technical Support Document for provisions are needed in this rule for
We are finalizing the January 1, 2002,
details. two reasons. First, because this is an
program start date as proposed. Because
While our analysis focused only on anti-backsliding measure, refiners are
this is an anti-backsliding program, lead
fuel benzene content, there is some not expected to have to install new
time is not needed to install hardware
reason to believe that other changes in equipment or change their operations to
or make operational changes. Thus,
fuel properties associated with comply with the requirements. Second,
beginning with the 2002 calendar year,
incremental volumes (e.g., increases in we included a number of flexibilities in
a refinery’s or importer’s annual average
sulfur and olefins) may contribute to this program, such as deficit and credit
some toxics emissions. These carryforward, and a compliance margin. 22 The estimated acetaldehyde contribution of 6.4
incremental volumes could affect both These flexibilities will help those small percent was based on a Complex Model output from
the fuel properties and toxics emissions refiners that may experience temporary 1998 production of CG.
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17250 Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations
toxic emissions performance, expect significant differences, on CG standard as its toxics emission
determined separately for RFG and CG, average, between a baseline established performance value for gasoline
cannot exceed its baseline toxics using the 2-year averaging approach and produced that year in its baseline
emissions performance, determined one developed using the 3-year determination.
over the three years 1998–2000. The approach. However, we believe that for Baselines must be submitted no later
first report associated with today’s rule an individual refinery, the 3-year than June 30, 2001. Though we
will be due February 28, 2003, the same averaging approach provides that proposed to notify refiners of their
date as the reformulated gasoline and refinery with a more robust baseline. toxics baselines within 120 days of
anti-dumping reports are due for Finally, given that this rule does not submittal, after further consideration we
calendar year 2002. require any capital improvements or are modifying this provision slightly
operational changes by refiners to from the proposal: we will notify
2. Separate Compliance Determination
achieve its goals, and since refiners will refiners and importers of their baseline
for RFG and CG
have the 2000 data, we believe this data approvals by October 31, 2001, or
As discussed in the NPRM, our should be included in the baseline within 4 months of submittal,
proposal to keep compliance separate determination. whichever is later.
for RFG and CG under this program is We are requiring that refiners and
consistent with the current treatment of importers submit to us information 4. Baseline Adjustment
these two fuel types in the RFG and which establishes separate TPR In response to the proposed benzene
anti-dumping programs. Separate baselines for their RFG and CG. For content requirement, one commenter
compliance determinations for RFG and RFG, the applicable TPR baseline is suggested that a refiner that has a low
CG ensure that one pool is not made total toxics emissions, calculated as a baseline benzene level (because it
cleaner at the expense of the other. No percent reduction from the statutory produced benzene for the petrochemical
supporting arguments for combining the baseline. For CG, the applicable TPR market during the baseline period)
pools were provided in the comments. baseline is exhaust toxics emissions, in should be able to increase its baseline
Thus, we are finalizing this provision as mg/mile. Both baselines are determined benzene level to some minimum
proposed. using the Complex Model. These forms benzene level which would be set by
3. Baseline Development and Submittal of the TPR are consistent in form with EPA. Because we have switched to a
the existing toxic emission requirements TPR for this final rule, this regulation
We proposed a two-year baseline of the reformulated gasoline and anti-
period, 1998–1999, and requested does not directly affect on fuel benzene
dumping programs. content. Nonetheless, we can address
comment on this and other baseline The baseline submittal must contain
period options. There were many the issue raised by the commenter since
the batch report number and volume of
comments on this issue. Many it is relevant, in a broad sense, to the
each batch (or composite) of gasoline
commenters expressed concern about baseline setting process.
produced or imported in 1998, 1999 and
refinery fluctuations during a given time 2000. Additionally, the refiner or In general, we do not believe that EPA
period which could cause a baseline not importer must determine and report the should allow baselines established
to reflect typical operations. Many applicable toxics emission performance under this rule to be adjusted because
commenters suggested that we should level of each batch by evaluating the of refining or marketing decisions of the
provide flexibility in the baseline setting measured fuel parameters of each batch refiner. It is our belief that, in general
process. Several individual refiners and in the appropriate seasonal version of (and absent refinery disasters or other
one industry commenter suggested the Phase II Complex Model. Because similar, critical events), during the
lengthening the baseline period to this data is already required to baseline period, every refinery was
encompass more refinery operational demonstrate compliance with RFG and operating to maximize profits,
fluctuations, thus establishing a more anti-dumping requirements, a refiner considering its crude slate, operating
accurate baseline that is true to normal must simply submit the same units, product mix, marketing plan, etc.
operations. information found in its original With regard to refineries that achieved
In the final rule, we are finalizing a submittals of its RFG and anti-dumping low emissions levels due to benzene
three year baseline period, reports. Submissions of these baselines extraction, we do not believe there is
encompassing the years 1998, 1999 and will be very similar to the streamlined any basis for expecting the benzene
2000. This baseline period, which is one electronic process which has been market to change in such a way that
year longer than the baseline period we implemented for Tier 2 gasoline sulfur warrants setting a minimum toxics
proposed, provides baseline values baseline submissions. The Agency will performance level. In fact, projections of
which are truer to a refinery’s ‘‘normal’’ handle the toxics baselines under the benzene market suggest continued
operating mode. Though two today’s program in a manner consistent growth (see TSD).
commenters opposed inclusion of 2000 with the submissions and associated In addition, because we are
because it was a transition year (from guidance for Tier 2 sulfur baseline promulgating a TPR, which is a function
Phase 1 to Phase 2 RFG requirements) submissions. of all of the fuel parameters evaluated
and, according to these commenters, not Finally, all of the toxics emissions by the Complex Model, and not a single
representative of refinery operations performance of RFG and CG produced fuel parameter requirement (like a fuel
over time, we believe that including over the 3-year baseline time period benzene content requirement), it is not
2000, precisely because it is a Phase II must be volume-weighted to determine clear how we would set such a
RFG year, improves the baseline the baseline toxic emission performance minimum toxics emission level to
because it adds data to the baseline levels for RFG and CG. The average account for changes in the
determination which is the most recent annual volume over the 3-year baseline petrochemical market. We would have
available. Including 2000 also helps to time period must also be reported. A to consider each of the eight Complex
further offset (by virtue of a 3-year refinery which exceeded (that is, was Model fuel parameters separately, and
average versus a 2-year average) the out of compliance) with the applicable this would be complicated by the fact
effects of unit turnarounds at the toxics standard in any of the baseline that the fuel parameters’ effects on
refinery. At the same time, we do not years must use the applicable RFG or toxics emissions vary considerably.
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Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations 17251
Nonetheless, we are allowing a refiner were compared against their respective importer’s compliance determination. A
to petition EPA for a permanent regulatory limits. A statistical analysis foreign refiner with both an individual
adjustment of its TPR baseline. Refiners was performed to quantify the anti-dumping baseline and an
requesting such an adjustment must difference between the regulatory individual toxics anti-backsliding
demonstrate how circumstances during standard and the actual emissions baseline must make a single designation
1998–2000 materially affected the characteristics of the fuel. This for the batch. In other words, if the
baseline toxics determination. Because difference is commonly referred to as a foreign refiner includes that batch in its
we believe that the deficit and credit ‘‘compliance cushion.’’ A more detailed own anti-dumping compliance
carryforward, compliance margin, and discussion of the methodology used to determination, it is also included in its
inclusion of a third baseline year determine the values of the compliance anti-backsliding compliance
sufficiently consider and minimize the margins associated with today’s rule is determination. In this way, foreign
potential compliance burden for those located in the TSD. refiners are treated in the same manner
refiners that experience unusual The compliance margin we as domestic refiners, and the potential
refinery operational issues, we expect determined for RFG toxics performance compliance confusion surrounding
that the number of baseline adjustments is 0.7%. Thus, for example, if refinery different designations on a single batch
will be small. Baseline adjustments will X has a volume-weighted RFG total are avoided.
likely be limited to those refineries that toxics performance during 1998–2000 of
¥29.6% (percent change from the 7. Default Baseline and Applicability
experienced unexpected operational
problems during the baseline period statutory baseline), without a The default toxics anti-backsliding
which could not have been avoided compliance margin ¥29.6% is its anti- baseline is the set of values used by a
through due diligence and planning. backsliding requirement. With a regulated party that has insufficient data
compliance margin of 0.7%, refinery X’s from which to establish a unique
5. Compliance Margin anti-backsliding requirement becomes individual anti-backsliding baseline. In
A compliance margin refers to the ¥28.9%, that is, its requirement the proposal, we discussed that a refiner
cushion refiners typically included in becomes slightly less stringent as a or importer with less than 12
their fuel production to ensure that their result of including the compliance consecutive months of applicable data
fuel will meet compliance requirements margin. Thus, under this program, during the baseline period would have
over a 12-month period. Without such a refinery X’s RFG must have an annual the default anti-backsliding baseline as
cushion, the refiner could fall into average total toxics emissions reduction its individual baseline under this
noncompliance due to minor from the statutory baseline of at least program. We are finalizing this
operational problems. Compliance 28.9%. provision as proposed. Additionally, a
margins are most important to a refiner EPA determined a compliance margin refiner or importer which did not
when trying to meet a per-gallon of 2.5 mg/mile for CG. Thus for refinery produce or import one or more types of
requirement, but can also be useful for Y with a volume-weighted CG exhaust gasoline (either RFG or CG) during the
meeting averaging requirements, for toxics performance during 1998–2000 of baseline period but who produces or
example, to account for test method 105.0 mg/mile, including the imports that type of gasoline after
variability, or other factors that might compliance margin increases its CG December 31, 2000 will have the
affect a refiner’s ability to comply. anti-backsliding toxics requirement to applicable default toxics anti-
Though we did not propose to include 107.5 mg/mile. Thus, for refinery Y’s backsliding baseline; it will be subject to
a compliance margin on the fuel CG, its annual average exhaust toxics the default toxics baseline plus the
benzene content requirement in our emissions must be no greater than 107.5 compliance margin for that type of
NPRM, additional information gleaned mg/mile. gasoline.
from refinery modeling and comments The default baseline consists of a
has led us to include a compliance 6. Foreign Refiner Provisions reformulated gasoline total toxics
margin on the TPR being finalized Under the anti-dumping program, emissions performance value (measured
today. Though refinery modeling shows foreign refiners are allowed to develop as a percent reduction from statutory
that post-2004 RFG total toxics and CG an individual baseline representing the baseline) and a conventional gasoline
exhaust toxics emissions in PADDs I quality and quantity of gasoline they exhaust toxics emissions performance
and III will, on average, be lower than shipped to the U.S. in 1990. Those that value (measured in mg/mile). The final
during the baseline period, the develop an individual baseline can default baseline will be the average of
difference is not large enough to ensure designate each batch of gasoline all of the reported applicable (i.e., RFG
that refiners won’t have to go beyond destined for the U.S. as subject to their or CG) toxics emissions performance
what our anti-backsliding requirements individual requirement or, by default, as values over the baseline period 1998
strictly call for. Also, at this time, we do subject to the importer’s anti-dumping through 2000. However, since the 2000
not know whether the lower toxics requirement, which in most cases is the annual compliance reports are not due
emissions predicted by refinery statutory baseline. from refiners and others to EPA until
modeling is true of gasoline in the other A similar provision is included in this February 2001, we will not be able to
PADDs. Thus we believe that a rule. Under this rule, a foreign refiner determine a default set of baseline
compliance margin is needed to ensure may develop a toxics anti-backsliding values which corresponds to our
that this rule is achievable in the near baseline for gasoline it sent to the U.S. baseline period (1998–2000) until later
term. during the baseline period (1998–2000) in 2001. At that time, we will issue the
We are instituting separate if it already has an individual anti- final default baseline.
compliance margins for RFG and CG dumping baseline or is simultaneously At this time, we have calculated draft
because of the different format in which developing such a baseline. For default baseline values based on 1998–
compliance with the applicable compliance purposes, it may then 1999 RFG and CG reports; these interim
requirement is determined. EPA designate, on a batch-by-batch basis, default baseline values are 26.01%
examined batch data from selected whether that gasoline will be subject to (reduction from statutory baseline) for
refineries in 1998. The toxic emission its individual anti-backsliding RFG and 92.14 mg/mile for CG,
properties of each batch of RFG and CG requirement or will be included in the representing compliance under the
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17252 Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations
Phase II Complex Model. As discussed overcompliance will be creditable for economic benefit from the waiver; and
in the TSD, we do not expect the final purposes of a credit carryforward only that it will meet its toxics anti-
default baseline to be significantly to the extent that it is overcompliance backsliding requirements as
different from these values. Until the beyond the compliance margin. The expeditiously as possible. The refiner
final default baseline is issued by EPA, overcompliance credits may not be must also show that it will be unable to
the draft default baseline values plus the traded to another company, and they meet its toxics anti-backsliding
compliance margins discussed above expire at the end of the next calendar requirements even considering the
(26.71% reduction from statutory year. deficit and credit carryforward
baseline for RFG and 94.64 mg/mile for We have provided refiners with flexibility provisions included in
CG) are the requirements for those compliance flexibility in several today’s program.
subject to the default baseline under this forms—deficit and credit carryforward,
Subpart. Even though the default a compliance margin, and extended 10. California Gasoline
baseline represents only two of the three baseline time period. In the NPRM, we
baseline years, we believe it is discussed the possibility of including We are not requiring gasoline
sufficient, in the absence of the 2000 another flexibility in the form of a credit intended for and actually used 23 in
information, for two reasons. First, the trading program. Comments about this California to be included in a refinery’s
three year baseline period was option were mixed. Some refiners or importer’s compliance determination
designated to better capture normal supported such a program, and offered under today’s rule. This action is
operations at a refinery. In most cases, other suggestions to enhance or clarify consistent with other Agency actions on
there are no normal operations to the program. At least one refiner did not similar fuel issues. California gasoline is
capture for an entity subject to the support such a program, saying it would exempt from the recently promulgated
default baseline. Second, we do not provide an unfair competitive federal gasoline sulfur requirements,
expect a baseline determined using 1998 advantage. Other industry commenters and while subject to the RFG and anti-
through 2000 data to be significantly were unsure of the actual dumping provisions, California
different from a baseline determined implementation and feasibility of the refineries have been exempted from
using 1998 through 1999 data. program, given the unequal baselines several of the enforcement and
among refiners. Because of these compliance mechanisms of those
8. Compliance Period and Deficit and implementation, feasibility and anti- programs.
Credit Carryforward competitive concerns, and because of Most of the gasoline used in
In the proposal, we discussed the many other compliance flexibilities
compliance periods of varying length California is produced by California
provided in today’s program, we are not
different from the proposed single refineries which are subject to the
including a credit program as part of
calendar year compliance period. California Cleaner Burning Gasoline
this rulemaking.
Refiners who commented on this issue (CBG) requirements. The current (Phase
supported either a one-year compliance 9. Hardship Provisions 2) set of CBG requirements began in
period with deficit carryforward or a We are adopting a provision 1996 and runs through 2002; beginning
two-year compliance period. As permitting a refiner to seek a temporary in 2003, the California Phase 3 gasoline
discussed in the NPRM, a one-year waiver from the toxics anti-backsliding requirements take effect. In 1998, under
compliance period is consistent with requirements in certain circumstances. the 0.8 vol% Phase 2 benzene standard,
the compliance periods of other gasoline Such a waiver will be granted at EPA’s California refineries averaged 0.57
programs (and thus represents minimal discretion. Under this provision, a vol%. For almost every fuel parameter,
additional reporting burden for refiners refiner may seek permission to exceed including benzene and aromatics, the
and importers), and it is short enough its toxics anti-backsliding requirements Phase 3 standards are more stringent
that temporal variations in toxics based on the refiner’s inability to meet than the Phase 2 standards. Given the
emissions are minimized. For these these requirements because of extreme benzene overcompliance in 1998, and
reasons, we are finalizing a one-year and unusual circumstances outside of the upcoming more stringent Phase 3
compliance period as proposed. the refiner’s control that could not have standards, it is likely that toxics
We do realize, however, that even for been avoided through the exercise of emissions under Phase 3 will not be
an anti-backsliding program, unusual due diligence. This provision is similar greater than toxics emissions under
situations can happen which can to a provision in EPA’s RFG and Phase 2. Thus, we do not expect
significantly affect refinery operations, gasoline sulfur regulations. It is California refineries, on average, to
and which could cause the refinery to intended to provide refiners limited backslide relative to their 1998–2000
be out of compliance with its relief in unanticipated circumstances average toxic emission level.
requirement. To this end, we proposed that cannot be reasonably foreseen at Additionally, given the compliance
and are finalizing a one year deficit this time or in the near future. The margin we are including in today’s rule,
carryforward. This will allow a refinery conditions for obtaining such a waiver it is highly unlikely that any backsliding
to exceed its anti-backsliding toxics are similar to those in the RFG would exceed the combination of the
requirement for one year. In the next regulations. These conditions are actual 1998–2000 baseline plus the
year, it must make up the deficit as well necessary and appropriate to ensure that compliance margin.
as be in compliance for that year. any waivers granted are limited in
Additionally, though not proposed, we scope, and that a refiner does not gain Given this exemption for California
are also including a one year credit an economic benefit from a waiver. gasoline, gasoline intended for use in
carryforward. Under this provision, a Therefore, a refiner seeking a waiver California must be segregated from all
refinery producing gasoline that is must show that the waiver is in the other gasoline.
cleaner than required by its toxics anti- public interest; that the refiner was not
23 By limiting the exemption to California
backsliding requirement may use the able to avoid the nonconformity; that it
gasoline ‘‘actually used’’ in California, we generally
overcompliance to cover any deficit in will make up, where practicable, the air mean to limit where the gasoline is dispensed. We
the following year. Because we are also quality detriment associated with the do not intend to restrict the state in which the
providing a TPR compliance margin, waiver, that it will pay back any gasoline is actually combusted.
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Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations 17253
11. Territories which reflect the greatest degree of term. We are not ready, however, to
Though in the NPRM we did not emissions reductions achievable address these long-term controls in this
discuss the applicability of this rule to through the application of technology rulemaking. We need to collect the
the American territories of Guam, that will be available, taking into information outlined in our Technical
American Samoa and the Northern consideration existing motor vehicle Analysis Plan (see Section V), so that we
standards, the availability and costs of can assess the costs and benefits of
Mariana Islands, we have recently
the technology, and noise, energy and potential fuel controls. This information
exempted gasoline for these areas from
safety factors. Today’s rule adopts an will allow us to more accurately
several requirements, including
anti-backsliding requirement that EPA consider the impact of our recently
compliance with the anti-dumping
believes is appropriate under section promulgated, or proposed, fuel sulfur
program. These areas are a significant
202(l)(2) as a near-term control, that is, controls and assess how toxics controls
distance from any gasoline producers,
a control that can be implemented and can be incorporated. As part of the
and in the case of the anti-dumping
take effect within a year or two. We are Technical Analysis Plan we will also
requirements, could only be serviced
not adopting long-term controls (i.e., collect information, which is currently
with complying gasoline at a significant
controls that require longer lead time to lacking, on the availability and
cost. Additionally, the air quality in implement) at this time because we lack feasibility of further controls and the
these areas is pristine, and gasoline the information necessary to assess risk posed to public health and welfare
consumption is low, such that no appropriate long-term controls. We by air toxic hot spots.
human health or environmental believe it will be important to address Based on our conclusion that the anti-
detriment is expected from the the appropriateness of MSAT controls backsliding controls are reasonable
exemption. in the context of compliance with other controls for the near-term, the fact that
Likewise for today’s rule, requiring significant environmental regulations we lack information suggesting further
gasoline destined for these areas to be (discussed below). controls are appropriate in near-term,
included in a refinery’s or importer’s Today’s rule addresses toxics and the fact that we are not ready to
compliance determination would be of emissions from fuels in the near-term. address long-term controls in this
little value for several reasons. First, the The rule will cap the toxics performance rulemaking, we conclude that today’s
same conventional gasoline cost and levels of gasoline beginning in 2002. anti-backsliding requirement satisfies
supply issues discussed above would Adopting an anti-backsliding program is the criteria of section 202(l)(2).
apply. In addition to transportation a reasonable control on toxics emissions Section 202(l)(2) directs EPA to adopt
costs, it is very expensive for a refinery from fuels. The technology to maintain toxics controls and from time to time
to produce small batches of complying the current toxics performance of review and revise those controls.
gasoline. Also, most of the refineries gasoline produced at each refinery is Today’s rule adopts near-term controls
that produce gasoline for these areas are already available and continued and puts EPA on a schedule to review,
foreign refineries which have not compliance will not be costly even with and if appropriate, revise those controls
chosen to pursue individual baselines in implementation of our recently adopted in accordance with the criteria in
other rules (e.g., the anti-dumping or sulfur controls (see discussion in 202(l)(2). We note that the Agency has
gasoline sulfur rules), and are not likely Section V, and in Chapter 7 of the not prejudged the outcome of our 2003–
to pursue an individual baseline for Technical Support Document). 2004 rulemaking, and will evaluate the
today’s rule. Thus, because of the We do not believe, however, that we sufficiency of the controls and whether
Agency’s precedent for exempting could reasonably adopt further controls there is a need for additional controls
gasoline to these areas from certain fuel to be implemented in this near-term based on the information available at
regulations, and because of the lack of time frame. First, the lead time is too that time. We believe this two-step
environmental harm from exempting short to allow for investments and approach is the most reasonable means
such gasoline, we are exempting the upgrading of refinery equipment in any to address toxics in the near-term in the
gasoline sent to these areas from the significant manner. Second, we have face of incomplete information and the
requirements of this rule. recently adopted, or proposed to adopt, significant changes underway at many
two regulations that will achieve very refineries across the country.
12. Gasoline Excluded
significant emissions reductions by As discussed in the NPRM, a number
In addition to California gasoline and setting tight limits on the sulfur content of other MSATs such as acrolein,
gasoline that is used in the U.S. of fuels used in on-highway vehicles. To styrene, dioxin/furans, xylene, toluene,
territories, we are also exempting comply with these new regulations, ethylbenzene, naphthalene, and hexane
certain other gasoline from the industry is already planning and are not controlled by the RFG or anti-
requirements of this rule. We proposed investing in capital improvements and dumping programs. We do not currently
to exempt gasoline used in certain pursuing the necessary permitting to have sufficient information on how
circumstances, including racing upgrade their refineries. While we lack changes in fuel properties affect
gasoline and gasoline used for research, the information to fully assess the costs emissions of these compounds, and thus
development and testing. These and benefits of further controls in the we cannot estimate the costs associated
categories are the same categories for 2002 time frame, we have serious with controlling these compounds in
which gasoline is exempt from the concerns that further toxics controls in fuels.
applicable regulations of other the 2002 time frame could interfere with Motor vehicle emissions of metals are
programs, including the RFG and anti- refiners’ planning and affect their ability being addressed in other actions. Metals
dumping programs and gasoline sulfur. to meet our recently promulgated, or generally arise from contaminants in
We are finalizing these exempt gasoline proposed, sulfur standards. lube oils. The recent proposed rule on
categories as proposed. Even though today’s rule focuses on heavy-duty engines and vehicles
near-term options for controlling toxic beginning in model year 2007 also
D. Why Isn’t EPA Adopting Other Fuel emissions from fuels, we plan to proposes controls on the use of used oil
Controls To Control MSATs? evaluate in our future rulemaking as a diesel fuel additive/extender.
Section 202(l)(2) requires EPA to whether additional controls will be We are not controlling MTBE
adopt regulations that contain standards needed or appropriate in the longer emissions in this rulemaking. The
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17254 Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations
primary mechanism for controlling of nonroad sources in the proposal. study the contribution of nonroad
MTBE emissions would be to limit the First, several commenters stated that our engines to air pollution which may
use of MTBE in gasoline. The Agency is emission projections for the nonroad reasonably be anticipated to endanger
currently pursuing a separate category show that our current programs public health or welfare, and to regulate
rulemaking under the Toxic Substances are effective at reducing toxics from them if warranted. The focus of the 1990
Control Act (TSCA) to consider phasing nonroad sources. These commenters Amendments was on the criteria
down or eliminating the use of MTBE, argued that we do not need to do pollutants and their implications for
and thus we have deferred anything further to reduce toxics meeting the national ambient air quality
consideration of MTBE controls to that emissions from nonroad mobile sources. standards (NAAQS). Due to the variety
rulemaking. Note that the EPA and the A second group of commenters pointed of nonroad engine and equipment types
United States Department of Agriculture out that the nonroad toxic inventories and sizes, combustion processes, uses,
jointly announced, on March, 2000, the clearly argue for further controls on and potential for emissions reductions,
Administration’s legislative principles nonroad sources, and that we should we placed nonroad engines into several
for protecting drinking water supplies, include such controls in the final rule. categories. These categories include
preserving clean air benefit and We believe that we need to gather land-based diesel engines (e.g., farm and
promoting renewable fuels and urged additional information on nonroad construction equipment), small land-
Congress to take action consistent with toxics emissions before we can make an based spark-ignition (SI) engines (e.g.,
these principles. informed decision regarding future lawn and garden equipment, string
Finally, as discussed in Section V. B actions, and are thus not including trimmers), large land-based SI engines
above, there is insufficient data at this additional nonroad controls in today’s (e.g., forklifts, airport ground service
time to allow us to quantify how action. Further, we are not required to equipment), marine engines (including
changes in individual diesel fuel set toxic emissions standards for diesel and SI, propulsion and auxiliary,
properties would affect emissions of nonroad sources under section 202(l)(2) commercial and recreational),
compounds such as aldehydes, dioxins/ of the Act. locomotives, aircraft, and recreational
furans, and POM. As a result, we cannot vehicles (large land-based spark ignition
specify how refiners might change their A. Nonroad MSAT Baseline Inventories
engines used in off-road motorcycles,
operations or what capital equipment We previously presented the 1996 ‘‘all terrain’’ vehicles and snowmobiles).
they might need to install in order to baseline inventories for several key Brief summaries of our current and
reformulate their diesel fuel, and thus nonroad MSAT emissions in Table III– anticipated programs for these nonroad
we cannot estimate costs associated 2. This nonroad MSAT data was taken categories follow. More detailed
with this type of control. from the 1996 National Toxics Inventory descriptions are contained in Chapter
(NTI). In general, the data show that Eight of the TSD for this rule.
VI. Nonroad Sources of MSAT nonroad vehicles tend to be significant
Emissions • Land-based diesel engines. Land-
contributors of those same MSAT based nonroad diesel engines include
In this section, we will look at MSAT emissions for which motor vehicles are engines used in agricultural and
emissions from nonroad mobile also significant contributors, such as construction equipment, as well as
sources.24 First, we will briefly review benzene, formaldehyde, and many other applications (excluding
the nonroad MSAT emission inventories acetaldehyde. For some MSAT locomotives, mining equipment, and
that were presented in Section III. Next, emissions, the nonroad inventories are marine engines). Under our Tier 1
we will discuss how the current comparable to, or even higher than, standards phased in beginning in 1996,
nonroad emission control programs are those for on-highway vehicles. Nonroad NOX reductions of over 30 percent were
expected to reduce these nonroad vehicles contribute as much as 39 required of new land-based nonroad
inventories, as well as briefly touch percent of the national inventory of diesel engines greater than 50
upon the expected benefits from our some MSAT emissions, such as horsepower (hp).25 Standards applicable
new actions targeting the control of acetaldehyde and MTBE, and contribute to engines under 50 hp took effect for
emissions from currently unregulated significantly to the national inventories the first time in 1999. We have
nonroad categories. of several others, including 1,3- completed a second set of standards
We are looking at nonroad MSAT butadiene, acrolein, benzene, (Tier 2) which will be phased in from
emissions separately from motor vehicle formaldehyde, lead compounds, n- 2001 through 2006 and will require
MSAT emissions primarily because our hexane, toluene and xylene. further NOX reductions, as well as
understanding of nonroad MSAT Comparing the 1996 estimates of on- reductions in diesel PM emissions. Still
emissions is much more limited. This highway vehicle VOC and diesel PM more stringent NOX standards for
section ends with a discussion of the emissions in Table III–3 to the nonroad engines over 50 hp (Tier 3) have been
current gaps in our data that we will VOC and diesel PM numbers presented adopted and will be phased in from
need to fill before we can later in this section (Tables VI–3 and 2006 through 2008. When fully phased
comprehensively assess the need for, VI–4), we see that the nonroad VOC in, these Tier 2 and Tier 3 regulations
and appropriateness of, programs inventory in 1996 was almost 75 percent are projected to result in 50 percent
intended to further reduce nonroad of the on-highway inventory and the reductions in VOC and 40 percent
MSAT emissions. nonroad diesel PM inventory for the
We received two general types of reductions in diesel PM beyond the Tier
same year was roughly twice that for on- 1 regulations.26 Finally, we intend to
comments in response to our discussion highway diesel PM. consider the control of sulfur in
24 ‘‘Nonroad’’ is a term that covers a diverse B. Impacts of Current Nonroad Mobile nonroad diesel fuel as part of our Tier
collection of engines, vehicles and equipment, as Source Emission Control Strategies 3 technology review. This would allow
described in detail later in this section. The terms more effective diesel PM control
‘‘off-road’’ and ‘‘off-highway’’ are sometimes used 1. Description of the Emission Control technologies such as catalysts to be
interchangeably with nonroad. Section 202(l) Programs
instructs the Agency to address emissions from
motor vehicles, which do not include nonroad Section 213 of the Clean Air Act 25 59 FR 31306, June 17, 1994.
vehicles or engines. Amendments of 1990 directed us to 26 63 FR 56968, October 23, 1998.
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Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations 17255
applied to nonroad engines and this category of marine engine, but have nonroad MSAT emissions because most
vehicles. begun developing them.32 gasoline-fueled nonroad vehicles are
• Small land-based SI engines. Small • Locomotives. Our regulations for fueled with the same gasoline used in
land-based spark-ignition engines at or locomotives and locomotive engines on-highway vehicles. An exception to
below 25 hp are used primarily in lawn consist of three tiers of standards, this is lead in aviation gasoline.
and garden equipment such as lawn applicable depending on the date a Aviation gasoline is a high octane fuel
locomotive is originally used in a relatively small number of
mowers, string trimmers, chain saws,
manufactured.33 The first set of aircraft (those with piston engines).
lawn and garden tractors, and other
standards (Tier 0) applies to Such aircraft are generally used for
similar equipment. Our Phase 1
locomotives and locomotive engines personal transportation, sightseeing,
emission controls for these engines took crop dusting, and similar activities.
originally manufactured from 1973
effect beginning in 1997 and are As just discussed, most of our fuel
through 2001, any time they are
projected to result in a roughly 32 controls aimed at gasoline cover both
manufactured or remanufactured.34 The
percent reduction in VOC emissions.27 on-highway and nonroad vehicle fuel.
second set of standards (Tier 1) applies
We recently completed Phase 2 to locomotives and locomotive engines The same is not true for diesel fuel. We
regulations for these engines which, manufactured from 2002 through 2004. have regulations in place that will
when fully phased in, are projected to The third set of standards (Tier 2) control the sulfur levels in on-highway
result in additional reductions in applies to locomotives manufactured in diesel fuel and have proposed to reduce
combined HC and NOX beyond the 2005 and later. While the Tier 0 and these levels further. These controls,
Phase 1 levels of 60 percent for Tier 1 regulations are primarily however, do not apply to nonroad diesel
nonhandheld engines and 70 percent for intended to reduce NOX emissions, the fuel. Prior to the sulfur controls for on-
handheld engines.28 Tier 2 regulations are projected to result highway diesel fuel, which took effect
• Large land-based SI engines. We do in 50 percent reductions in VOC and in October of 1993, there was no
not currently have emission standards diesel PM from unregulated levels, as distinction between nonroad and on-
in place for SI engines above 25 hp used well as additional NOX reductions highway diesel fuel.36 We are evaluating
in commercial applications. Such beyond the Tier 0 and Tier 1 the need for controlling sulfur in
engines are used in a variety of regulations. nonroad diesel fuel, in order to allow
industrial equipment such as forklifts, • Aircraft. A variety of emission more effective diesel PM control
airport ground service equipment, regulations have been applied to technologies such as catalysts to be
generators and compressors. We are commercial gas turbine aircraft engines, applied to nonroad engines and
beginning with limits on smoke and fuel vehicles.
currently developing an emission
control program for these engines.29 venting in 1974. In 1984, limits were 2. Emission Reductions From Current
• Marine engines. Due to the wide placed on the amount of unburned HC Programs
variety of marine engine types and that gas turbine engines can emit per The nonroad mobile source control
applications we have split these engines landing and takeoff cycle. Most recently programs just summarized are expected
(1997), we adopted the existing to result in reductions of national
into three general categories for
International Civil Aviation inventories of MSAT emissions from
regulatory purposes. The first category
Organization (ICAO) NOX and CO nonroad engines. This section
consists of gasoline outboard and
emission regulations for gas turbine summarizes our estimates of nonroad
personal watercraft engines. Our
engines. None of these actions has MSAT inventories into the future, based
standards for these engines took effect
resulted in significant emissions on the nonroad emission control
in 1998 and become increasingly
reductions, but rather have largely programs we currently have in place.
stringent over a nine year phase-in
served to prevent increases in aircraft Interested readers are encouraged to
period, they are ultimately projected to
emissions. We continue to explore ways refer to our TSD for a more detailed
result in a 75-percent reduction in
to reduce emissions from aircraft discussion of these projections. The
VOC.30 The second category consists of
throughout the nation. discussion in this section consists of
commercial diesel marine engines. This • Recreational Vehicles. Large land-
includes diesel engines up to 30 liters three parts. First, we discuss the
based spark ignition engines used in inventories of four gaseous MSAT
per cylinder in size used in a variety of recreational vehicles include
commercial marine applications. Our emissions: benzene, formaldehyde,
snowmobiles, off-road motorcycles and acetaldehyde and 1,3-butadiene.
emission standards for these engines ‘‘all terrain’’ vehicles, and are presently
take effect in 2004 and are similar to our Second, we discuss nonroad VOC
unregulated. We are currently emissions inventories as a surrogate for
standards for land-based nonroad diesel developing emission regulations for
engines.31 These regulations are the other nonroad gaseous MSAT
recreational vehicles.35 emissions. Finally, we discuss the trend
projected to ultimately result in VOC In addition to the above engine-based
reductions of 13 percent and diesel PM in nonroad diesel PM emissions.
emission control programs, fuel controls We are not reporting inventory trends
reductions of 26 percent for engines will also reduce emissions of air toxics
subject to the standards. The last for the metals on our list of MSATs
from nonroad engines. For example, (arsenic compounds, chromium
category consists of both gasoline and restrictions on gasoline formulation (the
diesel recreational sterndrive and compounds, mercury compounds,
removal of lead, limits on gasoline nickel compounds, manganese
inboard engines. We do not currently volatility and reformulated gasoline compounds, and lead compounds) or for
have emission regulations in place for standards) are projected to reduce dioxin/furans. Metals in mobile source
27 60
exhaust can come from fuel, fuel
FR 34582, July 3, 1995. 32 65 FR 76797, December 7, 2000.
28 64FR 15208, March 30, 1999 and 65 FR 24267, 33 63
additives, engine oil, engine oil
FR 18978, April 16, 1998.
April 25, 2000. 34 Locomotives are typically overhauled to ‘‘as
additives, or engine wear. Formation of
29 65 FR 76797, December 7, 2000.
new’’ condition every four to eight years in a dioxin and furans requires a source of
30 61 FR 52088, October 4, 1996. process known as remanufacturing.
31 64 FR 73300, December 29, 1999. 35 65 FR 76797, December 7, 2000. 36 55 FR 34120, August 21, 1990.
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17256 Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations
chlorine. Thus, while metal emissions 1996 NTI study.37 The 1990 estimates inventory of that specific MSAT
and dioxins/furans emissions are were derived by applying a ratio of indirectly. The 2007 and 2020 MSAT
associated with particles and it is nationwide 1990 to 1996 VOC estimates were derived from the draft
possible that these compounds track PM inventories from the draft NONROAD NONROAD model, with the toxic
emissions to some extent, there are a model to the 1996 NTI numbers.38 Toxic fractions applied to the nationwide
number of other factors that contribute fractions represent the fraction of total NONROAD VOC results. Toxic fractions
to emission levels and we do not have VOC that a given MSAT makes up. The were applied separately to the various
good data on these relationships. toxic fractions were derived from sources of nonroad emissions (e.g.,
a. Benzene, Acetaldehyde, speciated emissions data on different diesel, gasoline, two-stroke, four-stroke,
Formaldehyde, and 1,3-Butadiene. engines and come from a variety of exhaust, evaporative) in the NONROAD
Table VI–1 shows our estimates of the studies which are discussed in Chapter
model. We then summed the toxic
nonroad emissions of these four gaseous 2 of the TSD. By knowing the total VOC
emissions from the various sources of
MSATs. These estimates were based on inventory and the toxic fraction for a
the 1996 inventories contained in the given MSAT, we can estimate the nonroad emissions.
TABLE VI–1.—ANNUAL EMISSIONS FOR BENZENE, ACETALDEHYDE, FORMALDEHYDE, AND 1,3-BUTADIENE FROM NONROAD
SOURCESa
[Thousand short tons per year]
1990 1996 2007 2020
Compound Emissions Emissions Emissions Emissions
Benzene ......................................................................................................................... 100.2 98.7 75.4 69
Acetaldehyde ................................................................................................................. 37.7 40.8 26.3 20
Formaldehyde ................................................................................................................ 79.2 86.4 53.8 40.7
1,3-Butadiene ................................................................................................................. 9.4 9.9 8.8 7.8
a The draft NONROAD model is a model we are developing to project emissions inventories from nonroad mobile sources. Because this is a
draft model and subject to future revisions, the inventories derived from the draft NONROAD model and presented here are subject to change.
Table VI–2 summarizes the percent reductions expected from our existing on-highway vehicles presented in
reductions from 1990 and 1996 levels nonroad control programs are Section III.
represented by the inventories in Table significant, although not as substantial
VI–1. This table shows that the as the reductions of these pollutants for
TABLE VI–2.—PERCENT EMISSION REDUCTIONS FOR BENZENE, ACETALDEHYDE, FORMALDEHYDE, AND 1,3-BUTADIENE
FROM NONROAD SOURCES
Reduction in 2007 Reduction in 2020
(percent) (percent)
Compound From 1990 From 1996 From 1990 From 1996
Benzene ........................................................................................................................... 25 24 31 30
Acetaldehyde ................................................................................................................... 30 36 47 51
Formaldehyde .................................................................................................................. 32 38 49 53
1,3-Butadiene ................................................................................................................... 7 11 18 21
b. VOCs. With the exception of the track VOC reductions. In reality, locomotive and diesel marine
four MSATs shown in Table VI–1, we however, as can be seen from Table VI– inventories developed in support of our
cannot estimate emissions from nonroad 2, some gaseous MSAT emissions may regulations for those categories, and
mobile sources for the other gaseous not decrease at the same rate as VOCs with aircraft emission inventories from
MSAT emissions because we do not overall. Without having more detailed the National Air Pollutant Emissions
have toxic fraction information for the emission data for each of the MSAT Trends, 1900–1996 report. The results of
other gaseous MSAT emissions. emissions, however, we are unable to this analysis, presented in Table VI–3,
Therefore, to estimate projected offer any insights on how those rates show that VOC inventories are projected
inventory impacts from our current may differ. to decrease approximately 44 percent
nonroad mobile source emission control Our VOC emission inventories were between 1996 and 2020 due to existing
programs, we use VOC inventories. We developed using the draft NONROAD nonroad mobile source emission control
believe this is appropriate because the model. Because the draft NONROAD programs. Comparing the results of this
gaseous MSAT emissions are model does not include locomotives, analysis with Tables III–3 and III–4, we
constituents of total VOC emissions. By commercial marine diesel engines, or see that expected nonroad VOC
using VOC emissions as a surrogate, we aircraft, we supplemented the draft reductions are not as dramatic as those
are assuming that MSAT emissions NONROAD model inventories with the projected for on-highway vehicles, with
37 It should be noted that these estimates do not here differ slightly from those shown in Table III– nonroad mobile sources. Because this is a draft
include locomotives, aircraft or commercial marine 2. model and subject to future revisions, the
diesel engines. Thus, the 1996 estimates shown 38 The draft NONROAD model is a model we are inventories derived from the draft NONROAD
developing to project emissions inventories from model and presented here are subject to change.
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Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations 17257
nonroad and on-highway VOC sophisticated as those used to control MSAT reductions (assuming, as
inventories expected to be very similar on-highway emissions. This analysis, previously discussed, that gaseous
by 2020. This is not surprising because however, shows that our existing MSAT emissions track VOC reductions).
the technologies available to reduce nonroad emission control programs will
nonroad emissions are not as nonetheless result in significant gaseous
TABLE VI–3.—ANNUAL VOC EMISSIONS FROM NONROAD SOURCES
Year 1996 2007 2020
Million short tons per year ............................................................................................................................. 3.6 2.2 2.0
Cumulative Percent Reduction from 1996 .................................................................................................... * * * 39% 44%
c. Diesel PM. We estimated the expect that nonroad diesel PM emission As was previously mentioned, we are
nonroad PM inventories using the draft inventories will begin to increase due to considering Tier 3 diesel PM standards
NONROAD model. We are using diesel expected growth in the populations of for land-based nonroad diesel engines.
PM as a surrogate for diesel PM and nonroad vehicles and equipment. We believe that any specific new
diesel exhaust organic gases (DPM + Comparing Table VI–4 to Table III–3 we requirements for nonroad diesel PM we
DEOG). As explained earlier, because see that, while the nonroad diesel PM might propose would need to be
the draft NONROAD model does not inventory is roughly twice that for on- carefully considered in the context of a
include locomotives, commercial highway vehicles in 1996, nonroad proposal for nonroad diesel fuel
marine diesel engines, or aircraft we emissions of diesel PM are expected to standards. This is because of the close
supplemented the draft NONROAD be about 20 times as great as on-
interrelationship between fuels and
model inventories using other sources of highway diesel PM emissions by 2020
engines—the best emission control
information to cover these emissions. due to the dramatic reductions in on-
Table VI–4 shows our estimates of highway PM from the application of the solutions may not come through either
nonroad diesel PM emissions newest technologies and the use of low fuel changes or engine improvements
inventories. As can be seen, we expect sulfur fuels. These estimates assume alone, but perhaps through an
nonroad diesel PM emissions to begin to projected reductions from the proposed appropriate balance between the two.
drop with the implementation of some standards for heavy-duty vehicles in Thus, we are working to formulate
of our nonroad regulations. However, in 2007 and future model years, which are proposals covering both nonroad diesel
the absence of additional controls, we not yet finalized. fuel and engines.
TABLE VI–4.—DIESEL PM EMISSIONS FROM NONROAD SOURCES
Year 1996 2007 2020
Thousand short tons per year ....................................................................................................................... 345.8 282.8 310.8
Cumulative Percent Reduction from 1996 .................................................................................................... * * * 18% 10%
C. Gaps in Nonroad Mobile Source Data assess the need for, and the most emissions from on-highway sources,
There are significant gaps in our data appropriate direction of, any future diesel particulate matter and diesel
on MSAT emissions from nonroad MSAT control program targeted exhaust organic gases (DPM + DEOG),
engines. As a result of these data gaps, specifically at nonroad mobile sources. benzene, 1,3-butadiene, formaldehyde,
our understanding of nonroad MSAT We intend to use the technical analysis acetaldehyde, and acrolein are likely to
inventories is less developed than our plan, described in Section VII, to fill present the highest risks to public
understanding of on-highway vehicle these data gaps. health and welfare.39 The need to focus
MSAT emissions. The largest single data VII. Technical Analysis Plan to Address short-term work on these six MSATs has
gap is in the area of emission factors. Data Gaps and Commitment for Further been highlighted in an Agency
While we have basic emission factors Rulemaking screening analysis40 and the States have
for VOC and PM for most of the nonroad indicated these pollutants are major
categories, we have very little VOC A. Technical Analysis Plan to Address
Data Gaps mobile source pollutants of concern.
speciation data for most classes and Information that is made available from
categories of nonroad vehicles and Because of the potential future health the work that is now underway in the
engines which would allow us to use impacts of public exposure to air toxics NATA National-Scale Analysis will also
VOC as a surrogate to estimate from mobile sources we will continue be used to determine priority toxics
emissions of specific MSAT emissions. our toxics-related research and
Given the large variety of nonroad activities. Therefore, in addition to
engine sizes, types and uses, as well as today’s controls, we will continue to
39 EPA may also focus on other MSATs in the
the likelihood that this variety are evaluate and re-assess the need for, and
next two years, if new information shows that is
projected to result in some differences level of controls for both on-highway appropriate.
in VOC composition, it is important that and nonroad sources of air toxics. 40 Memo from Brodowicz, P. to Phil Lorang,
we obtain or develop speciated VOC Among the 21 compounds that EPA has Director Assessment and Modeling Division and
data specific to each nonroad category identified for inclusion on the list of Chet France, Director Engines Programs and
Compliance Division. Screening/Ranking Analysis
in order to more accurately project MSATs, we believe that, considering of the Air Toxic Emissions From Onroad Mobile
nonroad MSAT inventories. These gaps, single chemical inhalation health Sources to Be Addressed Under Section 202(l)(2).
too, must be filled in order to accurately hazards and exposure to the MSAT August 17, 1999.
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17258 Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations
from mobile sources.41 In addition, addition to other sources of nonroad test population in different
priorities identified from the NATA data to develop better air toxics microenvironmental settings. CHAD is a
National-Scale Analysis will be emissions factors for nonroad sources. more expansive human activity diary
considered and incorporated as Improving estimation of exposures in data set than others EPA has used in
appropriate in the Air Toxics Research microenvironments. In the past, the past exposure assessment, but the
Strategy (ATRS) currently being Agency has used carbon monoxide (CO) Agency recognizes that additional field
developed by EPA’s Office of Research measurements outdoors and indoors as research may be needed to expand
and Development (ORD) in a a surrogate for estimating the on- human activity information for under-
coordinated effort with the OAR. highway mobile source contribution to represented demographic groups,
In conducting this Technical Analysis air toxics levels from outdoor sources in particularly in urban areas. EPA will
Plan, we will address four critical areas different microenvironments (e.g., update CHAD to take advantage of new
where there are data gaps. These areas inside vehicles, homes, shopping malls, data that becomes available through
are: and office buildings). This approach has peer-reviewed studies. As CHAD is
• Developing better air toxics limitations. Estimates of the on-highway updated in the future, EPA will
emission factors for nonroad sources; contribution to air toxics levels in incorporate new data into HAPEM4 to
• Improving estimation of air toxics different microenvironments are then provide the best reflection of each
exposures in microenvironments; used in conjunction with activity data to subgroup’s activities and thereby enable
• Improving consideration of the estimate average exposures. A new subgroup analysis from which EPA
range of total public exposures to air approach was needed that addressed would be likely to gain additional
toxics; and some of the limitations of the CO insights about the potential exposures
• Increasing our understanding of the surrogate approach and one that could for particular subgroups, including
effectiveness and costs of vehicle, fuel, be used to estimate exposures from all children. The Agency will review the
and nonroad controls for air toxics. outdoor sources. Thus, the Agency data to see where special analysis is
The Agency recognizes the need to developed the Hazardous Air Pollutant warranted to characterize the subgroups
conduct additional work and to focus on Exposure Model—Version 4 (HAPEM4), facing greater risks.
relevant scientific data to address the to estimate microenvironmental Improving consideration of the range
needs we outline in this Technical exposures in the National-Scale of public exposures. EPA’s analysis to
Analysis Plan. The issues outlined are Assessment of NATA. HAPEM4 utilizes date has primarily examined average
complex and while the work conducted peer reviewed, pollutant specific levels of exposure (see Chapter 5 of the
as part of the Technical Analysis Plan microenvironmental factors to predict TSD and our 1999 Study 42). As part of
will begin to address the significant data exposure levels in microenvironments. its National Air Toxics Assessment
gaps, resolution of some aspects of these The application of these (NATA) activities, EPA has also
issues will require a long-term effort. microenvironmental factors in the conducted a national-scale air toxics
This effort will be coordinated across NATA National-Scale Assessment is analysis to estimate ambient
the Agency to maximize available currently awaiting peer review by the concentrations of 33 air toxics identified
resources. Agency’s Science Advisory Board. After in the IUATS, plus diesel PM. The
Developing emission factors for that review, EPA’s OAQPS will NATA National-Scale Analysis
nonroad sources. EPA’s Office of incorporate applicable comments into apportioned the contribution of air
Transportation and Air Quality (OTAQ) HAPEM4 microenvironmental factors toxics to ambient concentrations
has initiated emissions testing of a that are needed to provide improved between major, area, nonroad mobile,
comprehensive suite of hydrocarbons exposure estimates. and on-highway sources. The NATA
and inorganic compounds from nonroad In addition, EPA will use results of National Scale Analysis also reported
diesel engines. These emissions will be on-going studies at the Mickey Leland distributions of concentrations across
characterized using steady-state as well National Urban Air Toxics Research census tracts nationally and at the
as transient test cycles using typical Center and in the EPA Office of county level. While providing a
nonroad fuel and low-sulfur nonroad Radiation and Indoor Air to evaluate significant and informative body of
fuel. OTAQ has also initiated an effort indoor and outdoor concentrations of information, these studies do not
to characterize emissions (including gaseous toxics as well as the penetration address exposures to toxics in hot spot
speciated hydrocarbons) from in-use of toxics from outdoor sources into areas. As the Agency has stated in the
nonroad engines. EPA’s Office of indoor spaces. EPA will also utilize data Integrated Urban Air Toxics Strategy,
Research and Development (ORD) also from new studies planned or underway we also want to consider the
has information available from testing (within and outside the Agency) that are disproportionate impacts of air toxics in
programs which will be useful to designed to fill gaps in current data sets hot spot areas. Hot spots are generally
characterize emissions of toxic such as personal exposure in thought of as areas with elevated
compounds from certain classes of microenvironmental settings (e.g., pollutant levels that could be associated
gasoline nonroad engines using various houses with attached garages, with elevated exposures and potentially
fuels (oxygenated gasoline, reformulated residences and commercial buildings serious health risks. At higher pollutant
gasoline and conventional gasoline). located near heavily-trafficked concentrations, the potential for risk
The Agency will use these data, in roadways, bus depots, and delivery increases, making it important to
terminals). characterize the distribution of exposure
41 EPA’s Office of Transportation and Air Quality Another important aspect of in the population. For example, it
(OTAQ), which is responsible for the MSATs considering microenvironmental would be important to know how many
program, will be working in coordination with the
Office of Air Quality Planning and Standards
exposures is the amount of time people people are in the high-end distribution
(OAPQS), which manages NATA, and the Office of spend in each microenvironment. To
Radiation and Indoor Air, which is examining address this issue, HAPEM4 uses the 42 Analysis of the Impacts of Control Programs on
issues related to a wide range of indoor air EPA ORD Consolidated Human Activity Motor Vehicles Toxics Emissions and Exposure in
pollutants. OTAQ will also rely on health effects, Urban Areas and Nationwide (Volumes 1 and 2),
exposure, and risk assessment efforts and
Database (CHAD). CHAD contains November 1999. EPA420-R–99–029/030. This
guidelines of EPA’s Office of Research and information describing activities of report can be accessed at http://www.epa.gov/otaq/
Development in conducting its program. various subgroups in the U.S. toxics.htm.
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Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations 17259
of exposure and whether they have nonroad sources. This additional take final action on the proposal by July
additional susceptibilities (e.g., the analysis of control options will include 1, 2004. The regulation adopted today
elderly, young, or those exposed to the feasibility of requiring retrofit of establishes a rulemaking schedule for
other chemicals beyond MSATs) and both highway and nonroad heavy-duty exercise of EPA’s discretionary
what factors place them at high risk diesel engines with emissions controls authority under section 202(l)(2), which
(e.g., proximity to sources). States and for air toxics. directs EPA to ‘‘from time to time
local air pollution control agencies have In each of these four areas of revise’’ regulations under that provision.
raised the hot spots issue as a major investigation, EPA will work We are also stating in section 80.825
concern that needs to be addressed in a collaboratively with industry that the Agency intends to evaluate
comprehensive air toxics risk representatives, manufacturers of emissions and potential strategies
characterization.43 emissions control technology, State and relating to HAPs from nonroad engines
To improve our ability to characterize local agencies, environmental groups, and vehicles. This is consistent with the
MSAT exposures to highly exposed and other stakeholders. In keeping with commitment, expressed in the preamble
subpopulations requires better this approach, the Agency plans to hold of the NPRM, to address emissions from
information regarding ambient at least three technical workshops with nonroad as well as on-highway vehicles.
concentrations of MSATs in hot spot all interested stakeholders to consider: The preamble discussion in the NPRM
areas and appropriate • Improvements EPA should make to explained that as part of the rulemaking
microenvironmental factor values for existing models and integration of envisioned under the proposed section
high-exposure microenvironments. EPA emission, concentration and exposure 80.825, EPA would reexamine the
is developing local-scale emissions and models to enable the Agency to better controls available for reducing toxics
dispersion models for mobile sources to assess the risks from air toxics from all emitted from on-highway and nonroad
better inform the Agency and the public sources; vehicles and equipment, and their fuels
about potential hot spots. In addition, • Ways to address the significance of (see preamble, 65 FR at 48091). The
EPA is conducting spatially refined the hot spot issue; 45 and review would consider whether controls
urban area modeling (including mobile • Future vehicle, fuel, and nonroad that reduce emissions from nonroad
sources). control technologies for reducing air sources were appropriate under the Act.
Field sampling studies funded by the toxics. EPA intends to review the regulations of
Mickey Leland National Urban Air The results of the Technical Analysis various categories of nonroad engines
Toxics Research Center and ambient Plan, workshops, and other efforts to and equipment, and to consider controls
monitoring being conducted by States improve our understanding of air toxics for those pollutants and categories of
and local entities will provide risks will provide the basis for any new nonroad engines that EPA
information that will be used to support future rulemaking, as discussed below. determines are appropriate. Controls on
real-world characterizations of a few B. Commitment for Further Rulemaking all types of nonroad vehicles and
typical hot spot areas. These field equipment, or pollutants may not be
EPA is including a regulatory warranted. In deciding what pollutants
measurements will also provide
provision in section 80.825 that and categories of engines or equipment
information regarding the distributions
establishes a schedule for a future to include in any proposal, EPA intends
of microenvironmental concentrations
rulemaking to promulgate any to consider a variety of factors such as
and therefore, exposures. EPA will also
additional vehicle and fuel controls that cost, risk to public health, available
work with the State and local air
EPA determines are appropriate under technology, as well as any other
pollution control agencies to ensure that
section 202(l)(2). This rulemaking will appropriate factors.
the results of air toxics monitoring data reassess the standards in place at the
analyses and urban monitoring pilot Several commenters urged EPA not to
time using the information collected include a commitment to a future
projects underway omission year are through the Technical Analysis Plan
considered in EPA’s development of rulemaking in the regulations. These
described above and other activities commenters argued that it was
mobile source air toxics exposure and related to mobile sources and air toxics.
risk analyses.44 premature to commit to a rulemaking
The standards that are being before EPA had completed the
Increasing our understanding of the
promulgated by EPA in today’s final Technical Analysis Plan and that a
effectiveness and costs of vehicle, fuel,
rule will remain in effect unless future rulemaking could be a waste of
and nonroad air toxics controls. The
modified by this or other future resources if EPA determines no further
Agency intends to conduct additional
rulemaking. EPA commits to issue a controls are appropriate. Several
analysis on additional controls for
proposed rule by July 1, 2003, and to commenters also questioned EPA’s
motor vehicles, fuels, and nonroad
engines that could lower air toxics authority to commit future
45 This workshop will include ways to
emissions cost-effectively in a reliable administrations to such a rulemaking.
characterize the geographic variability and
and predictable manner. For DPM + exposure/risk impacts of mobile source emissions, EPA continues to believe the regulatory
DEOG, benzene, 1,3-butadiene, considering both the ubiquitous ambient impact as commitment in section 80.825 is
formaldehyde, acetaldehyde, and well as potential hot spots. Geographic variability reasonable and entirely within EPA’s
includes the observed elevated urban area ambient authority.
acrolein, the Agency will analyze a concentrations of mobile source air toxics, peak
variety of control options, and re- ambient concentrations adjacent to roadways in
Other commenters supported EPA’s
evaluate previously considered control urban and rural areas, and the elevated, mobile commitment to future rulemaking, but
options, for both on-highway and source-dependent emissions impacts (for example, encouraged EPA to extend that
waste transfer station operations and bus, marine, commitment to include a periodic
aircraft, and locomotive terminal operations).
43 STAPPA/ALAPCO and NESCAUM raised this
Exposure variability includes recognition of factors
review of mobile source toxics controls.
concern at an conference on mobile source air that lead to different levels of human exposure, They believe that EPA should review
toxics that the Health Effects Institute managed for such as commuting, or living in a residence with the appropriateness of additional
EPA in February 2000. an attached garage. While this workshop will focus controls every three years. At this time,
44 EPA will characterize the exposure risks of air on methods to understand the range of exposures
toxics in future analysis in the manner prescribed to mobile source emissions, methods to characterize
we do not believe it is necessary to
in the Agency’s Guidance for Risk Characterization, additional sources of toxics exposure will also be make such a formal commitment.
February 1995. examined. However, the Act allows us to review
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17260 Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations
and from time to time revise air toxics Pursuant to the terms of Executive C. Paperwork Reduction Act
standards for mobile sources. Therefore, Order 12866, it has been determined The information collection
in addition to today’s controls, we will that this rule is a ‘‘significant regulatory requirements in this rule have been
continue to evaluate and re-assess the action’’ because it raises novel legal or submitted for approval to the Office of
need for, and level of controls for both policy issues. Accordingly, this rule was Management and Budget (OMB) under
on-highway and nonroad sources of air submitted to OMB for review. Any the Paperwork Reduction Act, 44 U.S.C.
toxics as described above. written comments from OMB on today’s 3501 et seq. An Information Collection
action and any responses from EPA to Request (ICR) document has been
VIII. Public Participation
OMB comments are in the public docket prepared by EPA and a copy may be
A wide variety of interested parties for this rulemaking.
participated in the rulemaking process obtained from Sandy Farmer, Collection
that culminated with this final rule. The B. Regulatory Flexibility Analysis. Strategies Division; U.S. Environmental
formal comment period and a public EPA has determined that it is not Protection Agency (2822); 1200
hearing associated with the NPRM necessary to prepare a regulatory Pennsylvania Ave., NW, Washington,
provided additional opportunities for flexibility analysis in connection with DC 20460 or by calling (202) 260–2740.
public input. EPA also met with a this final rule. EPA has also determined The information requirements are not
variety of stakeholders, including that this rule will not have a significant enforceable until OMB approves them.
environmental and public health impact on a substantial number of small Under this rulemaking, refiners and
organizations, oil company entities. Small entities include importers are required to determine and
representatives, auto company businesses, small not-for-profit submit to EPA a toxics baseline based
representatives, and states at various enterprises, and small governmental on the quality of the gasoline produced
points in the process. jurisdictions. Of the approximately 146 or imported between 1998 and 2000,
We have prepared a detailed petroleum refiners that currently inclusive. The toxics baseline is a one-
Response to Comments document that produce gasoline in the U.S., about 15 time submission. Additionally, at the
describes the comments received on the meet the Small Business Administration end of each calendar year beginning
NPRM and presents our response to (SBA) definition of a small business. with 2002, refiners and importers are
each of these comments. The Response According to SBA guidelines, a required to submit certain information
to Comments document is available in petroleum refining company must have to EPA under this rule. The types of
the docket of this rule and on the Office fewer than 1500 employees to qualify as information and other requirements
of Transportation and Air Quality an SBA small business. associated with these submissions is
Internet toxics page (http:// After considering the economic presented below.
www.epa.gov/otaq/toxics.htm). impacts of today’s final rule on small The data that is used in determining
Comments and our response are also entities, EPA has concluded that this the toxics baseline is gasoline batch
included throughout this preamble for action will not have a significant information which the refiner or
several key issues. economic impact on a substantial importer already has, and has submitted
number of small entities. As a result of (or will submit in the case of 2000 data)
IX. Administrative Requirements to EPA per the reformulated gasoline
the toxics performance standard being
A. Administrative Designation and finalized today, all refiners will be and anti-dumping programs’
Regulatory Analysis required to maintain current levels of requirements. Thus, there is no
Under Executive Order 12866 (58 FR overcompliance with RFG and anti- requirement under this rule to collect
51735, October 4, 1993), the Agency dumping toxic emission performance additional information; refiners and
must determine whether the regulatory requirements. Because the standards importers use the information they
action is ‘‘significant’’ and therefore finalized in this action are not already have (gasoline batch quality and
subject to review by the Office of technology-forcing, we believe that all volumes) to determine the baseline for
Management and Budget (OMB) and the refiners, including small refiners will this rule, a straightforward and
requirements of this Executive Order. not be required to adjust their current uncomplicated calculation.
The Executive Order defines a refining practices in any unique way to In addition to the one-time toxics
‘‘significant regulatory action’’ as any meet the toxics performance standard. baseline determination and submission,
regulatory action that is likely to result Chapter 7 of the TSD supports this refiners and importers are required to
in a rule that may: conclusion and we believe that any calculate annually and submit to EPA
• Have an annual effect on the future costs that may be incurred by any the following, separately for
economy of $100 million or more or refiner to comply with this program will reformulated and conventional gasoline:
adversely affect in a material way the be negligible. (1) The annual average toxics value.
economy, a sector of the economy, Although this final rule will not have This value is the average quality of all
productivity, competition, jobs, the a significant economic impact on a of the batches of gasoline produced or
environment, public health or safety, or substantial number of small entities, imported during the year and is based
State, Local, or Tribal governments or EPA nonetheless has tried to reduce the on the volume and toxics quality of each
communities; impact of this rule on small entities. We batch (volume weighted combination of
• Create a serious inconsistency or have included a number of flexibilities each batch’s toxic value).
otherwise interfere with an action taken in this program such as deficit and (2) The annual volume. This is the
or planned by another agency; credit carryforward that are available to sum of all of the batch volumes of
• Materially alter the budgetary all refineries to meet the requirements gasoline produced or imported during
impact of entitlements, grants, user fees, finalized in today’s action. We believe the year.
or loan programs, or the rights and these flexibilities are sufficient to (3) The incremental volume. This is
obligations of recipients thereof; or address any unforseen burdens that any the difference between a refiner’s or
• Raise novel legal or policy issues refiner, including a small refiner, may importer’s 1998–2000 baseline volume
arising out of legal mandates, the face, and therefore, no unique and the annual volume (see above).
President’s priorities, or the principles provisions or flexibilities need to be Only positive incremental volumes (that
set forth in the Executive Order. finalized for small refiners. is, when the annual volume exceeds the
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Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations 17261
1998–2000 volume) are used in the recordkeeping and reporting Administrator publishes with the final
compliance baseline calculation (see requirements for the RFG and anti- rule an explanation why that alternative
below). dumping rules. While we believe that was not adopted.
(4) The compliance baseline. This the minimal amount of additional data Before we establish any regulatory
annual calculation is the standard for required by this rulemaking does not requirement that may significantly or
this rule, and is the value to which the pose significant additional information uniquely affect small governments,
annual average toxics value (see above) collection burden on refiners,46 we have including tribal governments, we must
is compared. Factors in this calculation submitted revisions to the RFG and anti- develop, under section 203 of the
are the baseline quality and volume (as dumping Information Collection UMRA, a small government agency
determined in the one-time baseline Requests (ICRs). plan. The plan must provide for
submission, plus a compliance margin An Agency may not conduct or notifying potentially affected small
which has been set by EPA), and the sponsor, and a person is not required to governments, enabling officials of
incremental volume (see above). respond to a collection of information affected small governments to have
The annual average toxics value for unless it displays a currently valid OMB meaningful and timely input in the
each type of gasoline (reformulated, control number. The OMB control development of our regulatory proposals
conventional) is essentially the same numbers for EPA’s regulations are listed with significant federal
determination refiners and importers in 40 CFR part 9 and 48 CFR Chapter intergovernmental mandates. The plan
must make for the reformulated gasoline 15. The OMB control number(s) for the must also provide for informing,
and anti-dumping programs. The annual information collection requirements in educating, and advising small
average toxics value determination is this rule will be listed in an amendment governments on compliance with the
made using the toxics values calculated to 40 CFR part 9 in a subsequent regulatory requirements.
for each reformulated gasoline and Federal Register document after OMB EPA has determined that this rule
conventional gasoline batch in approves the ICR. does not contain a federal mandate that
accordance with the reformulated may result in expenditures of $100
gasoline and anti-dumping program D. Intergovernmental Relations million or more for State, Local, or
requirements. No new data is required 1. Unfunded Mandates Reform Act Tribal governments, in the aggregate, or
to be collected for this rule. The annual Title II of the Unfunded Mandates
for the private sector in any one year.
volume is also part of the reporting The anti-backsliding standard that is
Reform Act of 1995 (UMRA), Public
requirements of those two programs. being finalized in today’s action,
Law 104–4, establishes requirements for
Only the incremental volume consisting of a ‘‘cannot exceed’’ toxics
Federal agencies to assess the effects of
determination and the compliance performance standard which is based in
their regulatory action on state, local,
baseline determination are new average annual production in 1998–
and tribal governments and the private
requirements due to this rule. These 2000, will not require refiners to install
sector. Under section 202 of the UMRA,
latter two determinations require capital equipment or make substantial
EPA generally must prepare a written
minimal calculation time. Additionally, changes to their operations in order to
statement, including a cost-benefit
all information required to be submitted comply. The rule imposes no
analysis, for proposed and final rules
annually under this anti-backsliding enforceable duties on State, Local, or
program will be submitted at the same with ‘‘Federal mandates’’ that may Tribal governmental entities and
time and on the same forms as the result in expenditures by state, local, nothing in the rule would significantly
annually required information under the and tribal governments, in the aggregate, or uniquely affect small governments.
reformulated gasoline and anti-dumping or by the private sector, of $100 million Thus, today’s rule is not subject to the
programs. or more in any one year. Before requirements of section 202 and 205 of
Refiners and importers are also promulgating an EPA rule for which a UMRA.
required to annually submit attest written statement is needed, section 205
engagements (independent comparison of the UMRA generally requires EPA to 2. Executive Order 13132 (Federalism)
and calculation of reported values and identify and consider a reasonable Executive Order 13132, entitled
related information submitted by number of regulatory alternatives and ‘‘Federalism’’ (64 FR 43255, August 10,
refiners and importers in accordance adopt the least costly, most cost- 1999), requires EPA to develop an
with the reformulated gasoline and anti- effective or least burdensome alternative accountable process to ensure
dumping requirements). Attest that achieves the objectives of the rule. ‘‘meaningful and timely input by State
engagements are also required for this The provisions of section 205 do not and local officials in the development of
anti-backsliding rule. The information apply when they are inconsistent with regulatory policies that have federalism
the independent auditor must consider applicable law. Moreover, section 205 implications.’’ ‘‘Policies that have
includes the refiner’s or importer’s allows EPA to adopt an alternative other federalism implications’’ is defined in
baseline toxics value, annual average than the least costly, most cost-effective the Executive Order to include
toxics value, baseline volume, or least burdensome alternative if the regulations that have ‘‘substantial direct
incremental volume and compliance effects on the States, on the relationship
46 Burden means the total time, effort, or financial
baseline. This addition (on top of the between the national government and
resources expended by persons to generate,
attest engagement requirements for the maintain, retain, or disclose or provide information the States, or on the distribution of
reformulated gasoline and anti-dumping to or for a Federal agency. This includes the time power and responsibilities among the
program attest engagement needed to review instructions; develop, acquire, various levels of government.’’
requirements) is expected to require install, and utilize technology and systems for the The proposed rule has no federalism
purposes of collecting, validating, and verifying
minimal additional resources. information, processing and maintaining
implications, as specified in Executive
In summary, we believe that the information, and disclosing and providing Order 13132. The standards finalized in
additional data required by this information; adjust the existing ways to comply today’s action do not change the
rulemaking will require minimum effort with any previously applicable instructions and existing form of the gasoline toxics
requirements; train personnel to be able to respond
to prepare and submit, and can be to a collection of information; search data sources;
standard and therefore do not change
submitted with the same data complete and review the collection of information; the states’s rights with respect to
submission forms pursuant to the and transmit or otherwise disclose the information. gasoline air toxics controls. The
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17262 Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations
proposed standards will impose no to do so would be inconsistent with Business Regulatory Enforcement
direct compliance costs on states. Thus, applicable law or otherwise impractical. Fairness Act of 1996, generally provides
Executive Order 13132 does not apply Voluntary consensus standards are that before a rule may take effect, the
to this rule. technical standards (e.g., materials agency promulgating the rule must
EPA consulted with state and local specifications, test methods, sampling submit a rule report, which includes a
officials in the process of developing the procedures, business practices) that are copy of the rule, to each House of the
proposed regulation to permit them to developed or adopted by voluntary Congress and to the Comptroller General
have meaningful and timely input into consensus standards bodies. The of the United States. EPA will submit a
its development. In the spirit of NTTAA directs EPA to provide report containing this rule and other
Executive Order 13132, and consistent Congress, through OMB, explanations required information to the U.S. Senate,
with EPA policy to promote when the Agency decides not to use the U.S. House of Representatives, and
communications between EPA and State available and applicable voluntary the Comptroller General of the United
and local governments, EPA specifically consensus standards. States prior to publication of this rule in
solicits comment on this proposed rule This rule references technical the Federal Register. A major rule
from State and local officials. standards adopted by the Agency cannot take effect until 60 days after it
through previous rulemakings. No new is published in the Federal Register.
3. Executive Order 13084: Consultation
technical standards are established in This rule is not a ‘‘major rule’’ as
and Coordination With Indian Tribal
today’s rule. The standards referenced defined by 5 U.S.C. 804(2). This rule
Governments
in today’s rule involve the measurement will be effective on May 29, 2001.
Under Executive Order 13084, EPA of gasoline fuel parameters. The
may not issue a regulation that is not measurement standards for gasoline fuel X. Statutory Provisions and Legal
required by statute, that significantly or parameters referenced in today’s rule Authority
uniquely affects the communities of are government-unique standards that The statutory authority for the fuels
Indian tribal governments, and that were developed by the Agency through controls in today’s final rule can be
imposes substantial direct compliance previous rulemakings. These standards found in sections 202 and 211(c) of the
costs on those communities, unless the have served the Agency’s emissions Clean Air Act (CAA), as amended.
Federal government provides the funds control goals well since their Additional support for the procedural
necessary to pay the direct compliance implementation and have been well and enforcement-related aspects of the
costs incurred by the tribal accepted by industry. fuel controls in today’s rule, including
governments, or EPA consults with
F. Executive Order 13045: Children’s the recordkeeping requirements, come
those governments. If EPA complies by
Health Protection from sections 114(a) and 301(a) of the
consulting, Executive Order 13084
CAA.
requires EPA to provide to the Office of Executive Order 13045: ‘‘Protection of
Management and Budget, in a separately Children from Environmental Health List of Subjects
identified section of the preamble to the Risks and Safety Risks’’ (62 FR 19885,
40 CFR Part 80
rule, a description of the extent of EPA’s April 23, 1997) applies to any rule that:
prior consultation with representatives (1) is determined to be economically Environmental protection, Fuel
of affected tribal governments, a significant as defined under Executive additives, Gasoline, Imports,
summary of the nature of their concerns, Order 12866, and (2) concerns an Incorporation by reference, Labeling,
and a statement supporting the need to environmental health or safety risk that Motor vehicle pollution, Penalties,
issue the regulation. In addition, EPA has reason to believe may have a Reporting and recordkeeping
Executive Order 13084 requires EPA to disproportionate effect on children. If requirements.
develop an effective process permitting the regulatory action meets both criteria, 40 CFR Part 86
elected officials and other the Agency must evaluate the
representatives of Indian tribal environmental health or safety effects of Environmental protection,
governments ‘‘to provide meaningful the planned rule on children, and Administrative practice and procedure,
and timely input in the development of explain why the planned regulation is Confidential business information,
regulatory policies on matters that preferable to other potentially effective Labeling, Motor vehicle pollution,
significantly or uniquely affect their and reasonably feasible alternatives Penalties, Reporting and recordkeeping
communities.’’ considered by the Agency. requirements.
Today’s rule does not create any This rule is not subject to the Dated: December 20, 2000.
mandates or impose any obligations on Executive Order because it is not an Carol M. Browner,
State, Local, or Tribal governments, and economically significant regulatory Administrator.
thus does not significantly or uniquely action as defined by Executive Order
affect the communities of Indian tribal 12866. In addition, data that provide a For the reasons set forth in the
governments. Accordingly, the direct insight into the question of preamble, parts 80 and 86 of title 40 of
requirements of section 3(b) of greater susceptibility in children are the Code of Federal Regulations are
Executive Order 13084 do not apply to lacking. Nevertheless, EPA believes that amended as follows:
this rule. it is important to develop a better
understanding of the effects on public PART 80—REGULATION OF FUELS
E. National Technology Transfer and AND FUEL ADDITIVES
health, including on children’s health,
Advancement Act
of the MSATs identified in today’s rule. 1. The authority citation for part 80 is
As noted in the proposed rule, section Accordingly, EPA intends to address
12(d) of the National Technology revised to read as follows:
children’s health issues as part of its
Transfer and Advancement Act of 1995 Technical Analysis Plan. Authority: 42 U.S.C. 7414, 7521(l), 7545
(NTTAA), Public Law 104–113, section and 7601(a).
12(d) (15 U.S.C. 272 note), directs EPA G. Congressional Review Act 2. Section § 80.2 is amended by
to use voluntary consensus standards The Congressional Review Act, 5 revising paragraph (d) to read as
(VCS) in its regulatory activities unless U.S.C. 801 et seq., as added by the Small follows:
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Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations 17263
§ 80.2 Definitions. the Office of the Federal Register, 800 80.1020 [Reserved]
* * * * * North Capitol Street, NW, Suite 700, 80.1025 What penalties apply under this
(d) Previously certified gasoline, or Washington, DC. subpart?
PCG, means gasoline or RBOB that 4. Section 80.81 is amended by Provisions for Foreign Refiners With
previously has been included in a batch revising paragraph (a) to read as follows: Individual Toxics Baselines
for purposes of complying with the 80.1030 What are the requirements for
standards in Subparts D, E, H, and J of § 80.81 Enforcement exemptions for gasoline produced at foreign refineries
California gasoline.
this part, as appropriate. having individual refiner toxics
(a) The requirements of subparts D, E, baselines?
* * * * *
F and J of this part are modified in
3. Section § 80.46 is amended by Attest Engagements
accordance with the provisions
revising paragraphs (e) and (h) to read contained in this section in the case of 80.1035 What are the attest engagement
as follows: California gasoline. requirements for gasoline toxics
compliance applicable to refiners and
§ 80.46 Measurement of reformulated * * * * * importers?
gasoline fuel parameters. 5. Subpart J is added to part 80 to read 80.1040 [Reserved]
* * * * * as follows:
Additional Rulemaking
(e) Benzene. (1) Benzene content shall Subpart J—Gasoline Toxics
be determined using ASTM standard 80.1045 What additional rulemaking will
General Information EPA conduct?
method D–3606–99, entitled ‘‘Standard
Test Method for Determination of Sec.
80.800–80.805 [Reserved]
Subpart J—Gasoline Toxics
Benzene and Toluene in Finished Motor
and Aviation Gasoline by Gas 80.810 Who shall register with EPA under General Information
the gasoline toxics program?
Chromatography’’; except that
§ 80.800–80.805 [Reserved]
(2) Instrument parameters shall be Gasoline Toxics Performance Requirements
adjusted to ensure complete resolution 80.815 What are the gasoline toxics § 80.810 Who shall register with EPA
of the benzene, ethanol and methanol performance requirements for refiners under the gasoline toxics program?
peaks because ethanol and methanol and importers? (a) Refiners and importers who are
may cause interference with ASTM 80.820 What gasoline is subject to the toxics
performance requirements of this
registered by EPA under § 80.76 are
standard method D–3606–99 when deemed to be registered for purposes of
subpart?
present. 80.825 How is the refinery or importer this subpart.
* * * * * annual average toxics value determined? (b) Refiners and importers subject to
(h) Incorporations by reference. 80.830 What requirements apply to the standards in § 80.815 who are not
ASTM standard methods D 2622–98 oxygenate blenders? registered by EPA under § 80.76 shall
‘‘Standard Test Method for Sulfur in 80.835 What requirements apply to butane provide to EPA the information required
Petroleum Products by Wavelength blenders? by § 80.76 by October 1, 2001, or not
80.840 [Reserved]
Dispersive X-ray Fluorescence 80.845 What requirements apply to later than three months in advance of
Spectrometry,’’ D 3246–96 ‘‘Standard California gasoline? the first date that such person produces
Test Method for Sulfur in Petroleum Gas 80.850 How is the compliance baseline or imports gasoline, whichever is later.
by Oxidative Microcoulometry,’’ D determined?
80.855 What is the compliance baseline for Gasoline Toxics Performance
3606–99 ‘‘Standard Test Method for
refineries or importers with insufficient Requirements
Determination of Benzene and Toluene
in Finished Motor and Aviation data?
§ 80.815 What are the gasoline toxics
80.860–80.905 [Reserved]
Gasoline by Gas Chromatography,’’ D performance requirements for refiners and
1319–99 ‘‘Standard Test Method for Baseline Determination importers?
Hydrocarbon Types in Liquid Petroleum 80.910 How does a refiner or importer (a)(1) The gasoline toxics performance
Products by Fluorescent Indicator apply for a toxics baseline? requirements of this subpart require that
Adsorption,’’ D 4815–99 ‘‘Standard Test 80.915 How are the baseline toxics value the annual average toxics value of a
Method for Determination of MTBE, and the baseline toxics volume refinery or importer be compared to that
ETBE, TAME, DIPE, tertiary-Amyl determined?
refinery’s or importer’s compliance
80.920–80.980 [Reserved]
Alcohol and C1 to C4 Alcohols in baseline, where compliance has been
Gasoline by Gas Chromatography,’’ and Recordkeeping and Reporting Requirements achieved if—
D 86–90 ‘‘Standard Test Method for 80.985 What records shall be kept? (i) For conventional gasoline, the
Distillation of Petroleum Products,’’ 80.990 What are the toxics reporting annual average toxics value is less than
with the exception of the degrees requirements? or equal to the compliance baseline;
Fahrenheit figures in Table 9 of D 86– Exemptions (ii) For reformulated gasoline and
90, are incorporated by reference. These RBOB, combined, the annual average
80.995 What if a refiner or importer is
incorporations by reference were unable to produce gasoline conforming toxics value is greater than or equal to
approved by the Director of the Federal to the requirements of this subpart? the compliance baseline.
Register in accordance with 5 U.S.C. 80.1000 What are the requirements for (A) Refineries that only produce
552(a) and 1 CFR part 51. Copies may obtaining an exemption for gasoline used RBOB and importers that only import
be obtained from the American Society for research, development or testing RBOB shall treat RBOB as reformulated
for Testing and Materials, 100 Barr purposes? gasoline for the purposes of determining
Harbor Dr., West Conshohocken, PA Violation Provisions compliance with the requirements of
19428. Copies may be inspected at the 80.1005 What acts are prohibited under the
this subpart.
Air Docket Section (LE–131), room M– gasoline toxics program? (B) Refineries that produce both RFG
1500, U.S. Environmental Protection 80.1010 [Reserved] and RBOB and importers that import
Agency, Docket No. A–97–03, 401 M 80.1015 Who is liable for violations under both RFG and RBOB must combine any
Street, SW, Washington, DC 20460, or at the gasoline toxics program? RFG and RBOB qualities and volumes
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17264 Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations
for the purposes of determining (2) Toxics credits may be used to (e) Gasoline exempt per § 80.995.
compliance with the requirements of offset a toxics deficit in the calendar (f) Gasoline exempt per § 80.1000.
this subpart. year following the year the credits are
§ 80.825 How is the refinery or importer
(2) The requirements under this generated, provided the following annual average toxics value determined?
paragraph (a) shall be met by the criteria are met:
importer for all imported gasoline, (i) Reformulated gasoline toxics (a) The refinery or importer annual
except gasoline imported as Certified average toxics value is calculated as
credits are only to be used to offset a
follows:
Toxics-FRGAS under § 80.1030. reformulated gasoline toxics deficit;
(b) The gasoline toxics requirements conventional gasoline credits are only to n
of this subpart apply separately for each
of the following types of gasoline
be used to offset a conventional gasoline
toxics deficit.
∑ (Vi × Ti )
i =1
produced at a refinery or imported: (ii) A refiner only offsets a toxics Ta = n
(1) Reformulated gasoline and RBOB,
combined;
deficit at a refinery with toxics credits
generated by that refinery.
∑ Vi
i =1
(2) Conventional gasoline. (iii) Credits generated on an aggregate
(c) Compliance baseline. (1) The Where:
basis may only be used to offset a deficit
compliance baseline of a refinery or Ta = The refinery or importer annual
calculated on an aggregate basis.
importer is determined in accordance (iv) Credits used to offset a deficit average toxics value, as applicable.
with § 80.915 or § 80.855, as applicable. Vi = The volume of applicable gasoline
from the previous year may not also be
(2) Refiners who have chosen, under produced or imported in batch i.
carried forward to the following year. Ti = The toxics value of batch i.
subpart E of this part, to comply with Credits in excess of those used to offset n = The number of batches of gasoline
the requirements of subpart E of this a deficit from the previous year may be produced or imported during the
part on an aggregate basis, shall comply used to offset a deficit in the following averaging period.
with the requirements of this subpart on year. i = Individual batch of gasoline
the same aggregate basis. (v) Only toxics credits generated produced or imported during the
(d) Compliance determination. (1) under this subpart may be used to offset averaging period.
The gasoline toxics performance a toxics deficit created under this (b) The calculation specified in
requirements of this subpart apply to subpart. paragraph (a) of this section shall be
gasoline produced at a refinery or
§ 80.820 What gasoline is subject to the made separately for each type of
imported by an importer during each
toxics performance requirements of this gasoline specified at § 80.815(b).
calendar year starting January 1, 2002. (c) The toxics value, Ti, of each batch
subpart?
The averaging period is January 1 of gasoline is determined using the
through December 31 of each year. For the purpose of this subpart, all
reformulated gasoline, conventional Phase II Complex Model specified at
(2) The annual average toxics value is § 80.45.
calculated in accordance with § 80.825. gasoline and RBOB, collectively called
(1) The toxics value, Ti, of each batch
(e) Deficit carryforward. (1) A refinery ‘‘gasoline’’ unless otherwise specified, is
of reformulated gasoline or RBOB, and
or importer creates a toxics deficit, subject to the requirements under this
the annual average toxics value, Ta, for
separately for reformulated gasoline and subpart, as applicable, with the
reformulated gasoline and RBOB,
conventional gasoline, for a given following exceptions:
combined, under this subpart are in
averaging period, when— (a) Gasoline that is used to fuel
percent reduction from the statutory
(i) For conventional gasoline, its aircraft, racing vehicles or racing boats
baseline described in § 80.45(b) and
annual average toxics value is greater that are used only in sanctioned racing
volumes are in gallons.
than the compliance baseline; events, provided that: (2) The toxics value, Ti, of each batch
(ii) For reformulated gasoline and (1) Product transfer documents of conventional gasoline, and the annual
RBOB, combined, the annual average associated with such gasoline, and any average toxics value, Ta, for
toxics value is less than the compliance pump stand from which such gasoline conventional gasoline under this
baseline. is dispensed, identify the gasoline either subpart are in milligrams per mile (mg/
(2) In the calendar year following the as gasoline that is restricted for use in mile) and volumes are in gallons.
year the toxics deficit is created, the aircraft, or as gasoline that is restricted (d) All refinery or importer annual
refinery or importer shall: for use in racing motor vehicles or average toxics value calculations shall
(i) Achieve compliance with the racing boats that are used only in be conducted to two decimal places.
refinery or importer toxics performance sanctioned racing events; (e) A refiner or importer may include
requirement specified in paragraph (a) (2) The gasoline is completely oxygenate added downstream from the
of this section; and segregated from all other gasoline refinery or import facility when
(ii) Generate additional toxics credits throughout production, distribution and calculating the toxics value, provided
sufficient to offset the toxics deficit of sale to the ultimate consumer; and the following requirements are met:
the previous year. (3) The gasoline is not made available (1) For oxygenate added to
(f) Credit carryforward. (1) A refinery for use as motor vehicle gasoline, or conventional gasoline, the refiner or
or importer generates toxics credits, dispensed for use in motor vehicles, importer shall comply with the
separately for reformulated gasoline and except for motor vehicles used only in requirements of § 80.101(d)(4)(ii).
conventional gasoline, for a given sanctioned racing events. (2) For oxygenate added to RBOB, the
averaging period, when— (b) Gasoline that is exported for sale refiner or importer shall comply with
(i) For conventional gasoline, its outside the U.S. the requirements of § 80.69(a).
annual average toxics value is less than (c) Gasoline designated as California (f) Gasoline excluded. Refiners and
the compliance baseline; gasoline under § 80.845, and used in importers shall exclude from
(ii) For reformulated gasoline and California. compliance calculations all of the
RBOB, combined, the annual average (d) Gasoline used in American Samoa, following:
toxics value is greater than the Guam and the Commonwealth of the (1) Gasoline that was not produced at
compliance baseline. Northern Mariana Islands. the refinery;
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(2) In the case of an importer, gasoline TBase × VBase + TExist × Vinc § 80.860–80.905 [Reserved]
that was imported as Certified Toxics- TCBase =
VBase + Vinc Baseline Determination
FRGAS under § 80.1030;
(3) Blending stocks transferred to Where: § 80.910 How does a refiner or importer
others; apply for a toxics baseline?
(4) Gasoline that has been included in TCBase = Compliance baseline toxics
value. (a) A refiner or importer shall submit
the compliance calculations for another an application to EPA which includes
refinery or importer; and TBase = Baseline toxics value for the
the information required under
(5) Gasoline exempted from standards refinery or importer, calculated
paragraph (c) of this section no later
under § 80.820. according to § 80.915(b)(1).
than June 30, 2001 or 3 months prior to
VBase = Baseline volume for the refinery the first introduction of gasoline into
§ 80.830 What requirements apply to
oxygenate blenders?
or importer, calculated according to commerce from the refinery or by the
§ 80.915(b)(2). importer, whichever is later.
Oxygenate blenders who blend
oxygenate into gasoline downstream of TExist = Existing toxics standard, per (b) The toxics baseline request shall
the refinery that produced the gasoline paragraph (b) of this section. be sent to: U.S. EPA, Attn: Toxics
or the import facility where the gasoline Vinc = Volume of gasoline produced Program (6406J), 401 M Street SW,
was imported are not subject to the during the averaging period in Washington, DC 20460. For commercial
requirements of this subpart applicable excess of VBase. (non-postal) delivery: U.S. EPA, Attn:
to refiners for this gasoline. (b) The value of existing toxics Toxics Program, 501 3rd Street NW,
standard, TExist, is equal to: Washington, DC 20001.
§ 80.835 What requirements apply to (c) The toxics baseline application
butane blenders? (1) 21.5 percent, for reformulated shall include the following information:
Butane blenders who blend butane gasoline and RBOB, combined; (1) A listing of the names and
into gasoline downstream of the refinery (2) The refinery’s or importer’s anti- addresses of all refineries owned by the
that produced the gasoline or the import dumping compliance baseline value for company for which the refiner is
facility where the gasoline was imported exhaust toxics, in mg/mi, per applying for a toxics baseline, or the
are not subject to the requirements of § 80.101(f), for conventional gasoline. name and address of the importer
this subpart applicable to refiners for (c) If the refinery or importer applying for a toxics baseline.
this gasoline. produced less gasoline during the (2) For each refinery and importer—
compliance period than its baseline (i) The baseline toxics value for each
§ 80.840 [Reserved] volume VBase, the value of Vinc will be type of gasoline, per § 80.815(b),
§ 80.845 What requirements apply to zero. calculated in accordance with § 80.915;
California gasoline? (ii) The baseline toxics volume for
§ 80.855 What is the compliance baseline each type of gasoline, per § 80.815(b),
(a) Definition. For purposes of this for refineries or importers with insufficient
subpart ‘‘California gasoline’’ means any calculated in accordance with § 80.915;
data? (iii) For those with insufficient data
gasoline designated by the refiner or
(a) A refinery or importer shall use the pursuant to § 80.855, a statement that
importer as for use in California.
(b) California gasoline exemption. methodology specified in this section the refinery’s or importer’s baseline
California gasoline that complies with for determining a compliance baseline if toxics value is the default compliance
all the requirements of this section is it cannot determine an applicable toxics baseline specified at § 80.855(b), and
exempt from all other provisions of this value for every batch of gasoline that its baseline toxics volume is zero.
subpart. produced or imported for 12 or more (3) A letter signed by the president,
(c) Requirements for California consecutive months during January 1, chief operating or chief executive
gasoline. (1) Each batch of California 1998 through December 31, 2000. officer, of the company, or his/her
gasoline shall be designated as such by (b)(1) A refinery or importer that delegate, stating that the information
its refiner or importer. cannot determine an applicable toxics contained in the toxics baseline
(2) [Reserved] value on every batch of gasoline determination is true to the best of his/
(3) Designated California gasoline produced or imported for 12 or more her knowledge.
must ultimately be used in the State of consecutive months during the period (4) Name, address, phone number,
California and not used elsewhere. January 1, 1998 through December 31, facsimile number and E-mail address of
(4) In the case of California gasoline 2000 or a refinery or importer that did a company contact person.
produced outside the State of California, not produce or import reformulated (5) The following information for each
the transferors and transferees shall gasoline and/or RBOB (combined) or batch of gasoline produced or imported
meet the product transfer document conventional gasoline or both during the during the period 1998–2000, separately
requirements under § 80.81(g). period between January 1, 1998 and for each type of gasoline listed at
(5) Gasoline that is ultimately used in December 31, 2000, inclusive, shall § 80.815(b):
any part of the United States outside of have the following as its compliance (i) Batch number assigned to the batch
the State of California shall comply with baseline for the purposes of this subpart: under § 80.65(d) or § 80.101(i);
the standards and requirements of this (ii) Volume; and
(i) For conventional gasoline, 94.64 (iii) Applicable toxics value
subpart, regardless of any designation as mg/mile.
California gasoline. determined as specified at § 80.915(c).
(ii) For reformulated gasoline, 26.71 (d) Foreign refiners shall follow the
§ 80.850 How is the compliance baseline percent reduction from statutory procedures specified in § 80.1030(b) to
determined? baseline. establish individual toxics baseline
(a) The compliance baseline to which (2) By October 31, 2001, EPA will values for a foreign refinery.
annual average toxics values are revise by regulation the default baseline (e) By October 31, 2001, or 4 months
compared according to § 80.815(a) is values specified in paragraph (b)(1) of after the submission date, whichever is
calculated according to the following this section to reflect the final 1998– later, EPA will notify the submitter of
equation: 2000 average toxics values. approval of its toxics baseline.
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(f) If at any time the baseline n (ii) A narrative describing how the
submitted in accordance with the ∑ Vi circumstances during 1998–2000
requirements of this section is i =1 materially affected the baseline toxics
Vbase =
determined to be incorrect, the Y value calculated under paragraph (a) of
corrected baseline applies ab initio and Where: this section. The narrative shall also
the annual average toxics requirements Vbase = Baseline toxics volume. describe and show the calculations, and
are deemed to be those applicable under Vi = Volume of gasoline batch i the reasoning supporting the
the corrected information. produced or imported between calculations, used to determine the
January 1, 1998 and December 31, adjusted values.
§ 80.915 How are the baseline toxics value
2000, inclusive. (h) The compliance margin, M, that
and baseline toxics volume determined?
i = Individual batch of gasoline will be added to the toxics baseline
(a)(1) A refinery or importer shall use produced or imported between calculated according to paragraph (a) of
the methodology specified in this January 1, 1998 and December 31, this section shall be equal to:
section for determining a baseline toxics 2000, inclusive. (1) ¥0.7% for reformulated gasoline
value if it can determine an applicable n = Total number of batches of gasoline or RBOB;
toxics value for every batch of gasoline produced or imported between (2) 2.5 mg/mile for conventional
produced or imported for 12 or more January 1, 1998 and December 31, gasoline.
consecutive months during January 1, 2000, inclusive.
1998 through December 31, 2000. Y = Number of years between 1998 and § 80.920–80.980 [Reserved]
(2) The determination in paragraph 2000, inclusive, during some or all Recordkeeping and Reporting
(a)(1) of this section is made separately of which the refinery produced, or Requirements
for each type of gasoline listed at the importer imported, gasoline.
§ 80.815(b) produced or imported (c) The calculation specified in § 80.985 What records shall be kept?
between January 1, 1998 and December paragraph (b) of this section shall be (a) The recordkeeping requirements
31, 2000, inclusive. made separately for each type of specified under § 80.74 applicable to
(3) All consecutive and non- gasoline listed at § 80.815(b). refiners and importers of reformulated
consecutive batch toxics measurements (d) The toxics value, Ti, of each batch gasoline, RBOB and/or conventional
between January 1, 1998 and December of gasoline is determined using the gasoline apply under this subpart,
31, 2000, inclusive, are to be included Phase II Complex Model specified at however, duplicate records are not
in the baseline determination, unless § 80.45. required.
the refinery or importer petitions EPA to (1) The toxics value, Ti, of each batch (b) Additional records that refiners
exclude such data on the basis of data of reformulated gasoline or RBOB, and and importers shall keep. Beginning
quality, per § 80.91(d)(6), and receives the baseline toxics value, TBase, for January 1, 2002, any refiner for each of
permission from EPA to exclude such reformulated gasoline and RBOB, its refineries, and any importer for the
data. combined, under this subpart are in gasoline it imports, shall keep records
(b)(1) A refinery’s or importer’s percent reduction from the statutory that include the following information:
baseline toxics value is calculated using baseline defined in 40 CFR 80.45(b) and (1) The calculations used to determine
the following equation: volumes are in gallons. the applicable compliance baseline
(2) The toxics value, Ti, of each batch under § 80.915.
n of conventional gasoline, and the
(2) The calculations used to determine
∑ (Vi × Ti ) baseline toxics value, TBase, for
conventional gasoline under this
compliance with the applicable toxics
i =1
TBase = n
+M subpart are in milligrams per mile (mg/
requirements per § 80.815.
∑ Vi
(3) A copy of all reports submitted to
mile) and volumes are in gallons.
(e) All refinery or importer baseline EPA under § 80.990, however, duplicate
i =1 records are not required.
toxics value calculations shall be
Where: conducted to two decimal places. (c) Additional records importers shall
TBase = Baseline toxics value. (f) Any refinery for which oxygenate keep. Any importer shall keep records
Vi = Volume of gasoline batch i blended downstream was included in that identify and verify the source of
produced or imported between compliance calculations for 1998–2000, each batch of Certified Toxics-FRGAS
January 1, 1998 and December 31, pursuant to § 80.65 or § 80.101(d)(4), and Non-Certified Toxics-FRGAS
2000, inclusive. shall include this oxygenate in the imported and demonstrate compliance
Ti = Toxics value of gasoline batch i baseline calculations for toxics value with the requirements for importers
produced or imported between under paragraph (a) of this section. under § 80.1030(o).
January 1, 1998 and December 31, (g) Baseline adjustment. (1) A toxics (d) Length of time records shall be
2000, inclusive. baseline determined differently than kept. The records required in this
described in paragraphs (a) through (e) section shall be kept for five years from
i = Individual batch of gasoline
of this section may be allowed upon the date they were created.
produced or imported between
petition by the refiner or importer and (e) Make records available to EPA. On
January 1, 1998 and December 31,
approval by the Administrator or request by EPA the records required in
2000, inclusive.
designee. The petition must be included paragraphs (a), (b) and (c) of this section
n = Total number of batches of gasoline shall be provided to the Administrator’s
produced or imported between with the baseline submittal under
§ 80.910. authorized representative. For records
January 1, 1998 and December 31, that are electronically generated or
(2) A toxics baseline adjustment
2000, inclusive. maintained the equipment and software
petition shall, at minimum, be
M = Compliance margin. accompanied by: necessary to read the records shall be
(2) A refinery’s or importer’s baseline (i) Unadjusted and adjusted baseline made available, or upon approval by
toxics volume is calculated using the fuel parameters, applicable toxics EPA, electronic records shall be
following equation: values, and volumes; and converted to paper documents which
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shall be provided to the Administrator’s § 80.1000 What are the requirements for requirements during any averaging
authorized representative. obtaining an exemption for gasoline used period, is subject to a separate day of
for research, development or testing violation for each and every day in the
§ 80.990 What are the toxics reporting purposes? averaging period.
requirements? Gasoline used for research, (c) Any person liable under
Beginning with the 2002 averaging development or testing purposes is § 80.1015(b) for failure to meet, or
period, and continuing for each exempt from the requirements of this causing a failure to meet, a provision of
subpart if it is exempted for these this subpart is liable for a separate day
averaging period thereafter, any refiner
purposes under the reformulated and of violation for each and every day such
or importer shall submit to EPA the
conventional gasoline programs, as provision remains unfulfilled.
information required in this section, and
applicable.
such other information as EPA may Provisions for Foreign Refiners With
require. Violation Provisions Individual Toxics Baselines
(a) Refiner and importer annual § 80.1005 What acts are prohibited under § 80.1030 What are the requirements for
reports. Any refiner, for each of its the gasoline toxics program? gasoline produced at foreign refineries
refineries and/or aggregate(s) of No person shall: having individual refiner toxics baselines?
refineries, and any importer for the (a) Averaging violation. Produce or (a) Definitions. (1) A foreign refinery
gasoline it imports, shall: import gasoline subject to this subpart is a refinery that is located outside the
(1) Include in its reformulated that does not comply with the United States, the Commonwealth of
gasoline toxics emissions performance applicable toxics requirement under Puerto Rico, the Virgin Islands, Guam,
averaging report per § 80.75(e) the § 80.815. American Samoa, and the
compliance baseline and incremental (b) Causing an averaging use Commonwealth of the Northern Mariana
violation. Cause another person to Islands (collectively referred to in this
volume, Vinc, for its reformulated
commit an act in violation of paragraph section as ‘‘the United States’’).
gasoline and RBOB, combined, per (2) A foreign refiner is a person who
§ 80.850. (a) of this section.
meets the definition of refiner under
(2) Include in its conventional § 80.1010 [Reserved] § 80.2(i) for a foreign refinery.
gasoline report per § 80.105 the § 80.1015 Who is liable for violations
(3) Toxics-FRGAS means gasoline
compliance baseline and incremental under the gasoline toxics program? produced at a foreign refinery that has
volume, Vinc, for its conventional been assigned an individual refinery
(a) Persons liable for violations of
gasoline per § 80.850. toxics baseline under § 80.915 and that
prohibited acts—(1) Averaging
(3) Exclude Certified Toxics-FRGAS is imported into the U.S.
violation. Any person who violates (4) Non-Toxics-FRGAS means
under § 80.1030, if an importer. § 80.1005(a) is liable for the violation. gasoline that is produced at a foreign
(b) Additional reporting requirements (2) Causing an averaging violation.
refinery that has not been assigned an
for importers. Any importer shall report Any person who causes another party to
individual refinery toxics baseline,
the following information for Toxics- violate § 80.1005(a), is liable for a
gasoline produced at a foreign refinery
FRGAS imported during the averaging violation of § 80.1005(b).
with an individual refinery toxics
(3) Parent corporation liability. Any
period: baseline that is not imported into the
parent corporation is liable for any
(1) The EPA refiner and refinery United States, and gasoline produced at
violations of this subpart that are
registration numbers of each foreign a foreign refinery with an individual
committed by any of its wholly-owned
refiner and refinery where the Certified toxics baseline during a year when the
subsidiaries.
Toxics-FRGAS was produced; and foreign refiner has opted to not
(b) Persons liable for failure to meet
participate in the Toxics-FRGAS
(2) The total gallons of Certified other provisions of this subpart. (1) Any
program under paragraph (c)(3) of this
Toxics-FRGAS and Non-Certified person who fails to meet a provision of
section.
Toxics-FRGAS imported from each this subpart not addressed in paragraph (5) Certified Toxics-FRGAS means
foreign refiner and refinery. (a) of this section is liable for a violation Toxics-FRGAS the foreign refiner
of that provision. intends to include in the foreign
Exemptions (2) Any person who causes another
refinery’s toxics compliance
party to fail to meet a requirement of
§ 80.995 What if a refiner or importer is calculations under § 80.825, and does
this subpart not addressed in paragraph
unable to produce gasoline conforming to include in these compliance
(a) of this section, is liable for causing
the requirements of this subpart? calculations when reported to EPA.
a violation of that provision. (6) Non-Certified Toxics-FRGAS
In appropriate extreme and unusual means Toxics-FRGAS that is not
circumstances (e.g., natural disaster or § 80.1020 [Reserved]
Certified Toxics-FRGAS.
Act of God) which are clearly outside § 80.1025 What penalties apply under this (b) Baseline establishment. Any
the control of the refiner or importer subpart? foreign refiner may submit a petition to
and which could not have been avoided (a) Any person liable for a violation the Administrator for an individual
by the exercise of prudence, diligence, under § 80.1015 is subject to civil refinery toxics baseline pursuant to
and due care, EPA may permit a refiner penalties as specified in sections 205 § 80.915 for all gasoline that was
or importer, for a brief period, to not and 211(d) of the Clean Air Act for produced at the foreign refinery and
meet the requirements of this subpart, every day of each such violation and the imported into the United States between
separately for reformulated gasoline amount of economic benefit or savings January 1, 1998 and December 31, 2000.
(and RBOB, combined) and resulting from each violation. (1) The refiner shall follow the
conventional gasoline, provided the (b) Any person liable under procedures specified in §§ 80.91
refiner or importer meets all the criteria, § 80.1015(a) for a violation of the through 80.93 to establish an anti-
requirements and conditions contained applicable toxics requirements or dumping baseline, if it does not already
in § 80.73 (a) through (e). causing another party to violate the have such a baseline.
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(2) In making determinations for (A) Apply to an entire calendar year compliance calculations under § 80.825
foreign refinery baselines, EPA will averaging period, and apply to all for the refinery that produced the
consider all information supplied by a gasoline produced during the calendar Toxics-FRGAS.
foreign refiner, and in addition may rely year at the foreign refinery that is used (ii) The verification shall be made part
on any and all appropriate assumptions in the United States; and of the product transfer documents for
necessary to make such determinations. (B) Remain in effect for each the Toxics-FRGAS.
(3)(i) Where a foreign refiner submits succeeding calendar year averaging (e) Transfers of Toxics-FRGAS to non-
a petition that is incomplete or period, unless and until the foreign United States markets. The foreign
inadequate to establish an accurate refiner notifies EPA of a termination of refiner is responsible to ensure that all
toxics baseline, and the refiner fails to the election. The change in election gasoline classified as Toxics-FRGAS is
cure this defect after a request for more shall take effect at the beginning of the imported into the United States. A
information, EPA will not assign an next calendar year. foreign refiner may remove the Toxics-
individual refinery toxics baseline. (4) In the case of information required FRGAS classification, and the gasoline
(ii) If a foreign refiner does not under this section which would need not be imported into the United
already have an anti-dumping duplicate information submitted in States, but only if:
individual baseline per § 80.94, and if accordance with § 80.94, the refiner may (1)(i) The foreign refiner excludes:
pursuant to § 80.94(b)(5) EPA does not indicate that such information is also (A) The volume of gasoline from the
assign an individual anti-dumping submitted in accordance with the refinery’s compliance calculations
baseline, EPA will also not assign an requirements of this section. Duplicate under § 80.825; and
individual refinery toxics baseline. submissions are not required. (B) In the case of Certified Toxics-
(c) General requirements for foreign (d) Designation, product transfer FRGAS, the volume and toxics value of
refiners with individual refinery toxics documents, and foreign refiner the gasoline from the compliance
baselines. A foreign refiner of a refinery certification. (1) Any foreign refiner of a calculations under § 80.825.
that has been assigned an individual foreign refinery that has been assigned (ii) The exclusions under paragraph
toxics baseline according to § 80.915 an individual toxics baseline shall (e)(1)(i) of this section shall be on the
shall designate all gasoline produced at designate each batch of Toxics-FRGAS basis of the toxics value and volumes
the foreign refinery that is exported to as such at the time the gasoline is determined under paragraph (f) of this
the United States as either Certified produced, unless the refiner has elected section; and
Toxics-FRGAS or as Non-Certified to classify no gasoline exported to the (2) The foreign refiner obtains
Toxics-FRGAS, except as provided in United States as Toxics-FRGAS under sufficient evidence in the form of
paragraph (c)(3) of this section. paragraph (c)(3)(i) of this section. documentation that the gasoline was not
(1) In the case of Certified Toxics- (2) On each occasion when any imported into the United States.
FRGAS, the foreign refiner shall meet all person transfers custody or title to any (f) Load port independent sampling,
provisions that apply to refiners under Toxics-FRGAS prior to its being testing and refinery identification. (1)
this subpart J. imported into the United States, it shall On each occasion Toxics-FRGAS is
(2) In the case of Non-Certified include the following information as loaded onto a vessel for transport to the
Toxics-FRGAS, the foreign refiner shall part of the product transfer document United States a foreign refiner shall
meet all the following provisions, information in this section: have an independent third party:
except the foreign refiner shall use the (i) Identification of the gasoline as (i) Inspect the vessel prior to loading
name Non-Certified Toxics-FRGAS Certified Toxics-FRGAS or as Non- and determine the volume of any tank
instead of the names ‘‘reformulated Certified Toxics-FRGAS; and bottoms;
gasoline’’ or ‘‘RBOB’’ wherever they (ii) The name and EPA refinery (ii) Determine the volume of Toxics-
appear in the following provisions: registration number of the refinery FRGAS loaded onto the vessel
(i) The designation requirements in where the Toxics-FRGAS was produced. (exclusive of any tank bottoms present
this section. (3) On each occasion when Toxics- before vessel loading);
(ii) The recordkeeping requirements FRGAS is loaded onto a vessel or other (iii) Obtain the EPA-assigned
under § 80.985. transportation mode for transport to the registration number of the foreign
(iii) The reporting requirements in United States, the foreign refiner shall refinery;
§ 80.990 and this section. prepare a written verification for each (iv) Determine the name and country
(iv) The product transfer document batch of the Toxics-FRGAS that meets of registration of the vessel used to
requirements in this section. the following requirements: transport the Toxics-FRGAS to the
(v) The prohibitions in this section (i) The verification shall include the United States; and
and § 80.1005. report of the independent third party (v) Determine the date and time the
(vi) The independent audit under paragraph (f) of this section, and vessel departs the port serving the
requirements under § 80.1035, the following additional information: foreign refinery.
paragraph (h) of this section, §§ 80.125 (A) The name and EPA registration (2) On each occasion Certified Toxics-
through 80.127, § 80.128(a), (b), (c), (g) number of the refinery that produced FRGAS is loaded onto a vessel for
through (i), and § 80.130. the Toxics-FRGAS; transport to the United States a foreign
(3)(i) Any foreign refiner that has been (B) The identification of the gasoline refiner shall have an independent third
assigned an individual toxics baseline as Certified Toxics-FRGAS or Non- party:
for a foreign refinery under § 80.915 Certified Toxics-FRGAS; (i) Collect a representative sample of
may elect to classify no gasoline (C) The volume of Toxics-FRGAS the Certified Toxics-FRGAS from each
imported into the United States as being transported, in gallons; vessel compartment subsequent to
Toxics-FRGAS, provided the foreign (D) In the case of Certified Toxics- loading on the vessel and prior to
refiner notifies EPA of the election no FRGAS: departure of the vessel from the port
later than November 1 of the prior (1) The toxics value as determined serving the foreign refinery;
calendar year. under paragraph (f) of this section; and (ii) Prepare a volume-weighted vessel
(ii) An election under paragraph (2) A declaration that the Toxics- composite sample from the
(c)(3)(i) of this section shall: FRGAS is being included in the compartment samples, and determine
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the value for toxics using the paragraph (g)(2)(i) of this section are met paragraph (f) of this section, and of the
methodology specified in § 80.730 by: at the first United States port of entry, United States importer under paragraph
(A) The third party analyzing the the requirements of paragraph (g)(2) of (o) of this section.
sample; or this section do not apply at subsequent (A) Agree the information in these
(B) The third party observing the ports of entry if the United States reports with regard to vessel
foreign refiner analyze the sample; importer obtains a certification from the identification, gasoline volumes and test
(iii) Review original documents that vessel owner, that meets the results.
reflect movement and storage of the requirements of paragraph (s) of this (B) Identify, and report as a finding,
Certified Toxics-FRGAS from the section, that the vessel has not loaded each occasion the load port and port of
refinery to the load port, and from this any gasoline or blendstock between the entry parameter and volume results
review determine: first United States port of entry and the differ by more than the amounts
(A) The refinery at which the Toxics- subsequent port of entry. allowed in paragraph (g) of this section,
FRGAS was produced; and (2)(i) The requirements of this and determine whether the foreign
(B) That the Toxics-FRGAS remained paragraph (g)(2) apply if: refiner adjusted its refinery calculations
segregated from: (A) The temperature-corrected as required in paragraph (g) of this
(1) Non-Toxics-FRGAS and Non- volumes determined at the port of entry section.
Certified Toxics-FRGAS; and and at the load port differ by more than (ii) Obtain the documents used by the
(2) Other Certified Toxics-FRGAS one percent; or independent third party to determine
produced at a different refinery. (B) The toxics value determined at the transportation and storage of the
(3) The independent third party shall port of entry is higher than the toxics Certified Toxics-FRGAS from the
submit a report: value determined at the load port, and refinery to the load port, under
(i) To the foreign refiner containing the amount of this difference is greater paragraph (f) of this section. Obtain tank
the information required under than the reproducibility amount activity records for any storage tank
paragraphs (f)(1) and (2) of this section, specified for the port of entry test result where the Certified Toxics-FRGAS is
to accompany the product transfer by the American Society of Testing and stored, and pipeline activity records for
documents for the vessel; and Materials (ASTM). any pipeline used to transport the
(ii) To the Administrator containing (ii) The United States importer and Certified Toxics-FRGAS, prior to being
the information required under the foreign refiner shall treat the loaded onto the vessel. Use these
paragraphs (f)(1) and (2) of this section, gasoline as Non-Certified Toxics- records to determine whether the
within thirty days following the date of FRGAS, and the foreign refiner shall Certified Toxics-FRGAS was produced
the independent third party’s exclude the gasoline volume and at the refinery that is the subject of the
inspection. This report shall include a properties from its gasoline toxics attest engagement, and whether the
description of the method used to compliance calculations under § 80.825. Certified Toxics-FRGAS was mixed with
determine the identity of the refinery at (h) Attest requirements. The following any Non-Certified Toxics-FRGAS, Non-
which the gasoline was produced, additional procedures shall be carried Toxics-FRGAS, or any Certified Toxics-
assurance that the gasoline remained out by any foreign refiner of Toxics- FRGAS produced at a different refinery.
segregated as specified in paragraph FRGAS as part of the applicable attest (5) Select a sample from the list of
(n)(1) of this section, and a description engagement for each foreign refinery vessels identified in paragraph (h)(3) of
of the gasoline’s movement and storage under § 80.1035: this section used to transport Certified
between production at the source (1) The inventory reconciliation and Non-Certified Toxics-FRGAS, in
refinery and vessel loading. analysis under § 80.128(b) and the accordance with the guidelines in
(4) The independent third party shall: tender analysis under § 80.128(c) shall § 80.127, and for each vessel selected
(i) Be approved in advance by EPA, include Non-Toxics-FRGAS in addition perform the following:
based on a demonstration of ability to to the gasoline types listed in (i) Obtain a commercial document of
perform the procedures required in this § 80.128(b) and (c). general circulation that lists vessel
paragraph (f); (2) Obtain separate listings of all arrivals and departures, and that
(ii) Be independent under the criteria tenders of Certified Toxics-FRGAS, and includes the port and date of departure
specified in § 80.65(e)(2)(iii); and of Non-Certified Toxics-FRGAS. Agree of the vessel, and the port of entry and
(iii) Sign a commitment that contains the total volume of tenders from the date of arrival of the vessel.
the provisions specified in paragraph (i) listings to the gasoline inventory (ii) Agree the vessel’s departure and
of this section with regard to activities, reconciliation analysis in § 80.128(b), arrival locations and dates from the
facilities and documents relevant to and to the volumes determined by the independent third party and United
compliance with the requirements of third party under paragraph (f)(1) of this States importer reports to the
this paragraph (f). section. information contained in the
(g) Comparison of load port and port (3) For each tender under paragraph commercial document.
of entry testing. (1)(i) Except as (h)(2) of this section where the gasoline (6) Obtain separate listings of all
described in paragraph (g)(1)(ii) of this is loaded onto a marine vessel, report as tenders of Non-Toxics-FRGAS, and
section, any foreign refiner and any a finding the name and country of perform the following:
United States importer of Certified registration of each vessel, and the (i) Agree the total volume of tenders
Toxics-FRGAS shall compare the results volumes of Toxics-FRGAS loaded onto from the listings to the gasoline
from the load port testing under each vessel. inventory reconciliation analysis in
paragraph (f) of this section, with the (4) Select a sample from the list of § 80.128(b).
port of entry testing as reported under vessels identified in paragraph (h)(3) of (ii) Obtain a separate listing of the
paragraph (o) of this section, for the this section used to transport Certified tenders under this paragraph (h)(6)
volume of gasoline and the toxics value. Toxics-FRGAS, in accordance with the where the gasoline is loaded onto a
(ii) Where a vessel transporting guidelines in § 80.127, and for each marine vessel. Select a sample from this
Certified Toxics-FRGAS off loads this vessel selected perform the following: listing in accordance with the
gasoline at more than one United States (i) Obtain the report of the guidelines in § 80.127, and obtain a
port of entry, and the conditions of independent third party, under commercial document of general
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17270 Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations
circulation that lists vessel arrivals and produced at the foreign refinery during subject to criminal liability for
departures, and that includes the port the period January 1, 1998 through the violations of this section, section
and date of departure and the ports and date of the refinery baseline petition or 113(c)(2) of the CAA, 42 U.S.C.
dates where the gasoline was off loaded through the date of the inspection or 7413(c)(2), 18 U.S.C. 1001 and all other
for the selected vessels. Determine and audit if a baseline petition has not been applicable provisions and shall be
report as a finding the country where approved, and any work papers related subject to the provisions thereof.
the gasoline was off loaded for each to refinery baseline establishment; (4) United States substantive and
vessel selected. (B) The volume and toxics value of procedural laws shall apply to any civil
(7) In order to complete the Toxics-FRGAS; or criminal enforcement action against
requirements of this paragraph (h) an (C) The proper classification of the foreign refiner or any employee of
auditor shall: gasoline as being Toxics-FRGAS or as the foreign refiner related to the
(i) Be independent of the foreign not being Toxics-FRGAS, or as Certified provisions of this section.
refiner; Toxics-FRGAS or as Non-Certified (5) Submitting a petition for an
(ii) Be licensed as a Certified Public Toxics-FRGAS; individual refinery toxics baseline,
Accountant in the United States and a (D) Transfers of title or custody to producing and exporting gasoline under
citizen of the United States, or be Toxics-FRGAS; an individual refinery toxics baseline,
approved in advance by EPA based on (E) Sampling and testing of Toxics- and all other actions to comply with the
a demonstration of ability to perform the FRGAS; requirements of this subpart J relating to
procedures required in §§ 80.125 (F) Work performed and reports the establishment and use of an
through 80.130 and this paragraph (h); prepared by independent third parties individual refinery toxics baseline
and and by independent auditors under the constitute actions or activities that
(iii) Sign a commitment that contains requirements of this section and satisfy the provisions of 28 U.S.C.
the provisions specified in paragraph (i) § 80.1035 including work papers; and 1605(a)(2), but solely with respect to
of this section with regard to activities (G) Reports prepared for submission actions instituted against the foreign
and documents relevant to compliance to EPA, and any work papers related to refiner, its agents and employees in any
with the requirements of §§ 80.125 such reports. court or other tribunal in the United
through 80.130, § 80.1035 and this (vi) Inspections and audits by EPA States for conduct that violates the
paragraph (h). may include taking samples of gasoline requirements applicable to the foreign
(i) Foreign refiner commitments. Any or blendstock, and interviewing refiner under this subpart J, including
foreign refiner shall commit to and employees. conduct that violates Title 18 U.S.C.
comply with the provisions contained (vii) Any employee of the foreign section 1001 and Clean Air Act section
in this paragraph (i) as a condition to refiner will be made available for 113(c)(2).
being assigned an individual refinery interview by the EPA inspector or (6) The foreign refiner, or its agents or
toxics baseline. auditor, on request, within a reasonable employees, will not seek to detain or to
(1) Any United States Environmental time period. impose civil or criminal remedies
Protection Agency inspector or auditor (viii) English language translations of against EPA inspectors or auditors,
will be given full, complete and any documents will be provided to an whether EPA employees or EPA
immediate access to conduct EPA inspector or auditor, on request, contractors, for actions performed
inspections and audits of the foreign within 10 working days. within the scope of EPA employment
refinery. (ix) English language interpreters will related to the provisions of this section.
(i) Inspections and audits may be be provided to accompany EPA (7) The commitment required by this
either announced in advance by EPA, or inspectors and auditors, on request. paragraph (i) shall be signed by the
unannounced. (2) An agent for service of process owner or president of the foreign refiner
(ii) Access will be provided to any located in the District of Columbia will business.
location where: be named, and service on this agent (8) In any case where Toxics-FRGAS
(A) Gasoline is produced; constitutes service on and personal and produced at a foreign refinery is stored
(B) Documents related to refinery subject matter jurisdiction in the United or transported by another company
operations are kept; States over the foreign refiner or any between the refinery and the vessel that
(C) Gasoline or blendstock samples employee of the foreign refiner for any transports the Toxics-FRGAS to the
are tested or stored; and action by EPA or otherwise by the United States, the foreign refiner shall
(D) Toxics-FRGAS is stored or United States related to the obtain from each such other company a
transported between the foreign refinery requirements of this subpart J. commitment that meets the
and the United States, including storage (3) A foreign refiner shall be subject requirements specified in paragraphs
tanks, vessels and pipelines. to civil liability for violations of this (i)(1) through (7) of this section, and
(iii) Inspections and audits may be by section, sections 114, 202(l), 211, and these commitments shall be included in
EPA employees or contractors to EPA. 301(a) of the Clean Air Act, as amended the foreign refiner’s baseline petition.
(iv) Any documents requested that are (42 U.S.C. 7414, 7521(l), 7545 and (j) Sovereign immunity. By submitting
related to matters covered by 7601(a)), and all other applicable laws a petition for an individual foreign
inspections and audits will be provided or regulations and shall be subject to the refinery baseline under this section, or
to an EPA inspector or auditor on provisions thereof. The Administrator by producing and exporting gasoline to
request. may assess a penalty against a foreign the United States under an individual
(v) Inspections and audits by EPA refiner for any violation of this section refinery toxics baseline under this
may include review and copying of any by a foreign refiner, in the manner set section, the foreign refiner, its agents
documents related to: forth in sections 205(c) of the CAA, 42 and employees, without exception,
(A) Refinery baseline establishment, U.S.C. 7524(c) or commence a civil become subject to the full operation of
including the volume and toxics value, action against a foreign refiner to assess the administrative and judicial
and transfers of title or custody, of any and recover a civil penalty in the enforcement powers and provisions of
gasoline or blendstocks, whether manner set forth in section 205(b) of the the United States without limitation
Toxics-FRGAS or Non-toxics-FRGAS, CAA, 42 U.S.C. 7524(b). A FR shall be based on sovereign immunity, with
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Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations 17271
respect to actions instituted against the (ii) Be provided by a corporate surety FRGAS under paragraph (g) of this
foreign refiner, its agents and employees that is listed in the United States section.
in any court or other tribunal in the Department of Treasury Circular 570 (3) For each gasoline batch classified
United States for conduct that violates ‘‘Companies Holding Certificates of as Toxics-FRGAS, any United States
the requirements applicable to the Authority as Acceptable Sureties on importer shall perform the following
foreign refiner under this subpart J, Federal Bonds’; and procedures:
including conduct that violates Title 18 (iii) Include a commitment that the (i) In the case of both Certified and
U.S.C. section 1001 and Clean Air Act bond will remain in effect for at least Non-Certified Toxics-FRGAS, have an
section 113(c)(2). five (5) years following the end of latest independent third party:
(k) Bond posting. Any foreign refiner averaging period that the foreign refiner (A) Determine the volume of gasoline
shall meet the requirements of this produces gasoline pursuant to the in the vessel;
paragraph (k) as a condition to being requirements of this subpart J. (B) Use the foreign refiner’s Toxics-
assigned an individual refinery toxics (5) On any occasion a foreign refiner FRGAS certification to determine the
baseline. bond is used to satisfy any judgment or name and EPA-assigned registration
(1) The foreign refiner shall annually other obligation, the foreign refiner shall number of the foreign refinery that
post a bond of the amount calculated increase the bond to cover the amount produced the Toxics-FRGAS;
using the following equation: used within 90 days of the date the (C) Determine the name and country
Bond = G × $ 0.01 ¥ BondCG bond is used. of registration of the vessel used to
Where: (6) The bond is used for payment of, transport the Toxics-FRGAS to the
not in lieu of, any obligation arising United States; and
Bond = amount of the bond in U. S. (D) Determine the date and time the
dollars. under any judgment, order, assessment
or settlement agreement. Nothing herein vessel arrives at the United States port
G = the largest volume of gasoline of entry.
produced at the foreign refinery and is intended to waive any portion of any
obligation except what portion is (ii) In the case of Certified Toxics-
exported to the United States, in FRGAS, have an independent third
gallons, during a single calendar actually paid by use of funds from the
bond. party:
year among the five preceding (A) Collect a representative sample
calendar years. (l) [Reserved]
from each vessel compartment
BondCG = amount of bond currently (m) English language reports. Any
subsequent to the vessel’s arrival at the
posted by the refinery pursuant to report or other document submitted to
United States port of entry and prior to
§ 80.94. EPA by a foreign refiner shall be in
off loading any gasoline from the vessel;
(2) Bonds shall be posted by: English language, or shall include an
(B) Prepare a volume-weighted vessel
(i) Paying the amount of the bond to English language translation.
composite sample from the
the Treasurer of the United States; (n) Prohibitions. (1) No person may
compartment samples; and
(ii) Obtaining a bond in the proper combine Certified Toxics-FRGAS with (C) Determine the toxics value using
amount from a third party surety agent any Non-Certified Toxics-FRGAS or the methodologies specified in § 80.730,
that is payable to satisfy United States Non-Toxics-FRGAS, and no person may by:
administrative or judicial judgments combine Certified Toxics-FRGAS with (1) The third party analyzing the
against the foreign refiner, provided any Certified Toxics-FRGAS produced sample; or
EPA agrees in advance as to the third at a different refinery, until the importer (2) The third party observing the
party and the nature of the surety has met all the requirements of importer analyze the sample.
agreement; or paragraph (o) of this section, except as (4) Any importer shall submit reports
(iii) An alternative commitment that provided in paragraph (e) of this within thirty days following the date
results in assets of an appropriate section. any vessel transporting Toxics-FRGAS
liquidity and value being readily (2) No foreign refiner or other person arrives at the United States port of entry:
available to the United States, provided may cause another person to commit an (i) To the Administrator containing
EPA agrees in advance as to the action prohibited in paragraph (n)(1) of the information determined under
alternative commitment. this section, or that otherwise violates paragraph (o)(3) of this section; and
(3) If the bond amount for a foreign the requirements of this section. (ii) To the foreign refiner containing
refinery increases, the foreign refiner (o) United States importer the information determined under
shall increase the bond to cover the requirements. Any United States paragraph (o)(3)(ii) of this section.
shortfall within 90 days of the date the importer shall meet the following (5) Any United States importer shall
bond amount changes. If the bond requirements: meet the requirements specified in
amount decreases, the foreign refiner (1) Each batch of imported gasoline § 80.815 for any imported gasoline that
may reduce the amount of the bond shall be classified by the importer as is not classified as Certified Toxics-
beginning 90 days after the date the being Toxics-FRGAS or as Non-Toxics- FRGAS under paragraph (o)(2) of this
bond amount changes. FRGAS, and each batch classified as section.
(4) Bonds posted under this paragraph Toxics-FRGAS shall be further classified (p) Truck Imports of Certified Toxics-
(k) shall: as Certified Toxics-FRGAS or as Non- FRGAS produced at a Refinery (1) Any
(i) Be used to satisfy any judicial or Certified Toxics-FRGAS. refiner whose Certified Toxics-FRGAS is
administrative judgment, order, (2) Gasoline shall be classified as transported into the United States by
assessment or payment under a judicial Certified Toxics-FRGAS or as Non- truck may petition EPA to use
or administrative settlement agreement Certified Toxics-FRGAS according to alternative procedures to meet the
that results from an administrative or the designation by the foreign refiner if following requirements:
judicial enforcement action for conduct this designation is supported by product (i) Certification under paragraph (d)(5)
in violation of this subpart J, including transfer documents prepared by the of this section;
where such conduct violates Title 18 foreign refiner as required in paragraph (ii) Load port and port of entry
U.S.C. section 1001 and Clean Air Act (d) of this section, unless the gasoline is sampling and testing under paragraphs
section 113(c)(2); classified as Non-Certified Toxics- (f) and (g) of this section;
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17272 Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations
(iii) Attest under paragraph (h) of this using an individual refinery baseline reasonable and appropriate steps to verify the
section; and before EPA has approved the baseline, accuracy thereof.
(iv) Importer testing under paragraph provided that: I affirm that I have read and understand the
(i) A baseline petition has been provisions of 40 CFR Part 80, subpart J,
(o)(3) of this section.
including 40 CFR 80.1030 [insert name of
(2) These alternative procedures shall submitted as required in paragraph (b) foreign refiner]. Pursuant to Clean Air Act
ensure Certified Toxics-FRGAS remains of this section; section 113(c) and Title 18, United States
segregated from Non-Certified Toxics- (ii) EPA has made a provisional Code, section 1001, the penalty for furnishing
FRGAS and from Non-Toxics-FRGAS finding that the baseline petition is false, incomplete or misleading information
until it is imported into the United complete; in this certification or submission is a fine of
States. The petition will be evaluated (iii) The foreign refiner has made the up to $10,000, and/or imprisonment for up
based on whether it adequately commitments required in paragraph (i) to five years.
addresses the following: of this section; Attest Engagements
(i) Provisions for monitoring pipeline (iv) The persons who will meet the
shipments, if applicable, from the independent third party and § 80.1035 What are the attest engagement
refinery, that ensure segregation of independent attest requirements for the requirements for gasoline toxics
foreign refinery have made the compliance applicable to refiners and
Certified Toxics-FRGAS from that
commitments required in paragraphs importers?
refinery from all other gasoline;
(ii) Contracts with any terminals and/ (f)(3)(iii) and (h)(7)(iii) of this section; In addition to the requirements for
or pipelines that receive and/or and attest engagements that apply to refiners
transport Certified Toxics-FRGAS, that (v) The foreign refiner has met the and importers under §§ 80.125 through
prohibit the commingling of Certified bond requirements of paragraph (k) of 80.130, and § 80.1030, the attest
Toxics-FRGAS with any of the this section. engagements for refiners and importers
following: (2) In any case where a foreign refiner applicable to this subpart J shall include
(A) Other Certified Toxics-FRGAS uses an individual refinery baseline the following procedures and
from other refineries. before final approval under paragraph requirements each year, which should
(B) All Non-Certified Toxics-FRGAS. (r)(1) of this section, and the foreign be applied separately to reformulated
(C) All Non-Toxics-FRGAS; refinery baseline values that ultimately gasoline (and RBOB, combined) and
(iii) Procedures for obtaining and are approved by EPA are more stringent conventional gasoline:
reviewing truck loading records and than the early baseline values used by (a) Obtain the EPA toxics baseline
United States import documents for the foreign refiner, the foreign refiner approval letter for the refinery to
Certified Toxics-FRGAS to ensure that shall recalculate its compliance, ab determine the refinery’s applicable
such gasoline is only loaded into trucks initio, using the baseline values baseline toxics value and baseline toxics
making deliveries to the United States; approved by EPA, and the foreign volume under § 80.915.
(iv) Attest procedures to be conducted refiner shall be liable for any resulting (b) Obtain a written representation
annually by an independent third party violation of the gasoline toxics from the company representative stating
that review loading records and import requirements. the toxics value(s) that the company
documents based on volume (s) Additional requirements for used as its baseline(s) and agree that
petitions, reports and certificates. Any number to paragraph (a) of this section.
reconciliation, or other criteria, to
petition for a refinery baseline under (c) Obtain and read a copy of the
confirm that all Certified Toxics-FRGAS
§ 80.915, any alternative procedures refinery’s or importer’s annual toxics
remains segregated throughout the reports per §§ 1A80.75(e) and 80.105
distribution system and is only loaded under paragraph (r) of this section, any
filed with EPA for the year to determine
into trucks for import into the United report or other submission required by
the compliance baseline and
States. paragraph (c), (f)(2), or (i) of this section,
incremental volume.
(3) The petition required by this and any certification under paragraph (d) Agree the yearly volume of
section shall be submitted to EPA along (d)(3) of this section shall be: gasoline reported to EPA in the toxics
with the application for small refiner (1) Submitted in accordance with
reports with the inventory
status and individual refinery toxics procedures specified by the
reconciliation analysis under § 80.128.
baseline and standards under § 80.240 Administrator, including use of any (e) Calculate the annual average toxics
and this section. forms that may be specified by the value level for each type of gasoline
(q) Withdrawal or suspension of a Administrator. specified at § 80.815(b) and agree the
foreign refinery’s baseline. EPA may (2) Be signed by the president or applicable values with the values
withdraw or suspend a baseline that has owner of the foreign refiner company, or reported to EPA.
been assigned to a foreign refinery by that person’s immediate designee, (f) Calculate the difference between
where: and shall contain the following the yearly volume of gasoline reported
(1) A foreign refiner fails to meet any declaration: to EPA and the baseline volume, if
requirement of this section; I hereby certify: (1) That I have actual applicable, to determine the yearly
(2) A foreign government fails to authority to sign on behalf of and to bind incremental volume and agree that
allow EPA inspections as provided in [insert name of foreign refiner] with regard to value with the value reported to EPA.
paragraph (i)(1) of this section; all statements contained herein; (2) that I am (g) Calculate the compliance baseline
(3) A foreign refiner asserts a claim of, aware that the information contained herein per § 80.850, and agree that value with
or a right to claim, sovereign immunity is being certified, or submitted to the United
the value reported to EPA.
in an action to enforce the requirements States Environmental Protection Agency,
in this subpart J; or under the requirements of 40 CFR Part 80, § 80.1040 [Reserved]
subpart J, and that the information is material
(4) A foreign refiner fails to pay a civil Additional Rulemaking
for determining compliance under these
or criminal penalty that is not satisfied regulations; and (3) that I have read and
using the foreign refiner bond specified understand the information being certified or § 80.1045 What additional rulemaking will
in paragraph (k) of this section. submitted, and this information is true, EPA conduct?
(r) Early use of a foreign refinery complete and correct to the best of my No later than July 1, 2003, the
baseline. (1) A foreign refiner may begin knowledge and belief after I have taken Administrator shall propose any
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Federal Register / Vol. 66, No. 61 / Thursday, March 29, 2001 / Rules and Regulations 17273
requirements to control hazardous air strategies relating to hazardous air Authority: 42 U.S.C. 7401–7521(l) and
pollutants from motor vehicles and pollutants from nonroad engines and 7521(m)–7671q.
motor vehicle fuels that the vehicles. [FR Doc. 01–37 Filed 3–28–01; 8:45 am]
Administrator determines are BILLING CODE 6560–50–P
appropriate pursuant to section 202(l)(2) PART 86—CONTROL OF EMISSIONS
of the Act. The Administrator will take FROM NEW AND IN–USE HIGHWAY
final action on such proposal no later VEHICLES AND ENGINES
than July 1, 2004. During this
rulemaking, EPA also intends to 1. The authority citation for part 86 is
evaluate emissions and potential revised to read as follows:
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