
[Federal Register: December 8, 2008 (Volume 73, Number 236)]
[Proposed Rules]               
[Page 74403-74408]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de08-13]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2008-0558; FRL-8742-7]
RIN 2060-AP17

 
Regulation of Fuel and Fuel Additives: Gasoline and Diesel Fuel 
Test Methods

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
allow refiners and laboratories to use more current and improved fuel 
testing procedures with twelve American Society for Testing and 
Materials (ASTM) analytical test methods. Once these test method 
changes are adopted, they will supersede the corresponding earlier 
versions of these test methods in EPA's motor vehicle fuel regulations. 
EPA is also proposing to take action to allow an alternative test 
method for olefins in gasoline.

DATES: Comments or a request for a public hearing must be received on 
or before January 7, 2009.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-HQ-
OAR-2008-0558, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     E-mail: a-and-r-Docket@epa.gov.
     Fax: (202) 566-9744.
     Mail: ``EPA-HQ-OAR-2008-0558, Environmental Protection 
Agency, Mailcode: 2822T, 1301 Constitution Ave., NW., Washington, DC 
20460.''
     Hand delivery: EPA Headquarters Library, Room 3334, EPA 
West Building, 1301 Constitution Ave., NW., Washington, DC. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID Number EPA-HQ-OAR-
2008-0558. EPA's policy is that all comments will be included in the 
public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov Web

[[Page 74404]]

site is an ``anonymous access'' system, which means EPA will not know 
your identity or contact information unless you provide it in the body 
of your comment. If you send an e-mail comment directly to EPA without 
going through www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional instructions on submitting 
comments, go to Unit 1.B of the SUPPLEMENTARY INFORMATION section of 
this document: http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Air Docket, EPA 
Headquarters Library, Mail Code: 2822T, EPA West Building, 1301 
Constitution Ave., NW., Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding holidays. 
The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding holidays. The telephone number for the Public 
Reading Room is (202) 566-1742, and the facsimile number for the Air 
Docket is (202) 566-9744.

FOR FURTHER INFORMATION CONTACT: Joe Sopata, Chemist, Environmental 
Protection Agency, 1200 Pennsylvania Ave. (6406J), NW., Washington, DC 
20460; telephone number: (202) 343-9034; fax number: (202) 343-2801; e-
mail address: sopata.joe@epa.gov.

SUPPLEMENTARY INFORMATION: In the Rules and Regulations section of this 
Federal Register, we are taking direct final rule action on the 
proposed amendments because we view these amendments as non-
controversial and anticipate no adverse comments. We have explained our 
reasons for the amendments in the preamble to the direct final rule.
    The contents of today's preamble are listed in the following 
outline.

Outline

I. General Information
    A. Does This Action Apply to Me?
    B. What Should I Consider as I Prepare My Comments for EPA?
II. Proposed Rule Changes
    A. Updating ASTM Test Methods to Their Most Recent Version
    B. Alternative Test Method for Olefins in Gasoline
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act of 1995 (UMRA)
    E. Executive Order 13123: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health & Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice and Minority Populations and Low-Income 
Populations
IV. Statutory Provisions and Legal Authority

I. General Information

A. Does This Action Apply to Me?

    Regulated categories and entities potentially affected by this 
proposed action include those involved with the production, 
importation, distribution, sale and storage of gasoline motor fuel and 
diesel motor fuel.
    The table below is not intended to be exhaustive, but rather 
provides a guide for readers regarding entities likely to be regulated 
by this proposed action. This table lists the types of entities that 
EPA is now aware could be potentially regulated by this proposed 
action. Other types of entities not listed in the table could also be 
regulated. To determine whether an entity is regulated by this proposed 
action, one should carefully examine the existing regulations in 40 CFR 
part 80. If you have questions regarding the applicability of this 
proposed action to a particular entity, consult the person listed in 
the preceding FOR FURTHER INFORMATION CONTACT section.

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                  Category                     NAICS codes \a\     SIC codes \b\                 Examples of  potentially  regulated parties
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Industry....................................             324110               2911  Petroleum refiners.
Industry....................................              54138               8734  Testing Laboratories.
Industry....................................             422710               5171  Gasoline Marketers and Distributors.
                                                         422720               5172
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\a\ North American Industry Classification System (NAICS).
\b\ Standard Industrial Classification (SIC) system code.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
EDOCKET, regulations.gov or e-mail. Clearly mark the part of all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    i. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions--The agency may ask you to respond to 
specific questions or organize comments referencing a Code of Federal

[[Page 74405]]

Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Proposed Rule Changes

A. Updating ASTM Test Methods to Their Most Recent Version

    Refiners, importers and oxygenate blenders producing gasoline and 
diesel motor vehicle fuel are required to test reformulated gasoline 
(RFG), conventional gasoline (CG) and diesel fuel for various fuel 
parameters including aromatics, benzene, distillation, olefins, Reid 
Vapor Pressure, oxygenate content and sulfur. American Society for 
Testing and Materials (ASTM) test method D2622 is currently the 
designated test method for measuring sulfur 1, 2 in gasoline 
and diesel fuel at the 500 ppm sulfur standard. ASTM test methods 
D5453, D6920, D3120 and D7039 are currently alternative test methods 
for measuring sulfur 3, 4, 5, 6 in gasoline. ASTM test 
methods D5453 and D6920 are also alternative test methods for measuring 
sulfur \7\ in diesel fuel at the 500 ppm sulfur standard. ASTM D1319 is 
currently the designated test method for measuring olefins \8\ in 
gasoline and aromatics \9\ in diesel fuel and is also allowed as an 
alternative test method for measuring aromatics \10\ in gasoline. ASTM 
test method D5599 is currently the designated test method for measuring 
oxygenates \11\ in gasoline. ASTM test method D4815 is currently an 
alternative test method for measuring oxygenates \12\ in gasoline. ASTM 
test method D5769 is currently the designated test method for measuring 
aromatics \13\ in gasoline. ASTM test method D3606 is currently the 
designated test method for measuring benzene \14\ in gasoline. ASTM 
test method D86 is currently the designated test method for measuring 
the distillation \15\ of gasoline. ASTM test method D5191 is currently 
the designated test method for measuring the Reid Vapor Pressure \16\ 
of gasoline.
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    \1\ 40 CFR 80.46(a)(1).
    \2\ 40 CFR 80.580(b)(2).
    \3\ 40 CFR 80.46(a)(3)(i).
    \4\ 40 CFR 80.46(a)(3)(ii).
    \5\ 40 CFR 80.46(a)(3)(iii).
    \6\ 40 CFR 80.46(a)(3)(iv).
    \7\ 40 CFR 80.580(c)(2).
    \8\ 40 CFR 80.46(b).
    \9\ 40 CFR 80.2(z).
    \10\ 40 CFR 80.46(f)(3).
    \11\ 40 CFR 80.46(g)(1).
    \12\ 40 CFR 80.46(g)(2).
    \13\ 40 CFR 80.46(f)(1).
    \14\ 40 CFR 80.46(e).
    \15\ 40 CFR 80.46(d).
    \16\ 40 CFR 80.46(c).
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    Table 1 lists the designated analytical test methods and 
alternative analytical test methods which are being proposed to be 
updated for parameters measured under RFG, CG, and diesel fuels program 
in today's action. The Agency has reviewed these updated ASTM test 
methods and we are in agreement with the revisions contained in them 
which will result in improvements in the utilization of these test 
methods for the regulated industry. We believe that the revisions in 
the test method changes in today's proposed action are not significant 
changes that would cause a user of an older version of the same method 
to incur significant costs. All of the revisions were deemed necessary 
by ASTM so that improvements in the test method's procedures would 
ensure better operation for the user of the test method. Thus, EPA is 
proposing today to update the regulations for the following ASTM test 
methods: (1) ASTM D2622-05, the designated test method for measuring 
sulfur in RFG, CG, and alternative test method for diesel fuel at the 
500 ppm sulfur standard, (2) ASTM D3120-06 [epsiv]\1\, alternative test 
method for sulfur in gasoline, (3) ASTM D5453-08a, alternative test 
method for sulfur in gasoline and diesel fuel at the 500 ppm sulfur 
standard, (4) ASTM D6920-07, alternative test method for sulfur in 
gasoline and diesel fuel at the 500 ppm sulfur standard, (5) ASTM 
D7039-07, alternative test method for sulfur in gasoline, (6) ASTM 
D1319-03 [epsiv]\1\, designated test method for measuring olefins in 
gasoline and aromatics in diesel fuel, as well as the alternative test 
method for measuring aromatics in gasoline, (7) ASTM D4815-04, 
alternative test method for measuring oxygenate content in gasoline, 
(8) ASTM D5599-00 (2005), the designated test method for measuring 
oxygen content in gasoline, (9) ASTM D5769-04, the designated test 
method for measuring aromatics in gasoline, (10) ASTM D3606-07, the 
designated test method for measuring benzene in gasoline, (11) ASTM 
D86-07b, the designated test method for measuring distillation 
properties of gasoline, and (12) ASTM D5191-07, the designated test 
method for measuring the Reid Vapor Pressure of gasoline.

 Table 1--Designated And Alternative ASTM Analytical Test Methods Under
              RFG, CG & Diesel Motor Vehicle Fuel Programs
------------------------------------------------------------------------
        Fuel parameter                ASTM analytical test method
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Sulfur (gasoline)............  ASTM D2622-05, entitled ``Standard Test
                                Method for Sulfur in Petroleum Products
                                by Wavelength Dispersive X-Ray
                                Fluorescence Spectrometry''.
Sulfur (500 ppm diesel)......  ASTM D2622-05, entitled ``Standard Test
                                Method for Sulfur in Petroleum Products
                                by Wavelength Dispersive X-Ray
                                Fluorescence Spectrometry''.
Sulfur (gasoline)............  ASTM D5453-08a, entitled, ``Standard Test
                                Method for Determination of Total Sulfur
                                in Light Hydrocarbons, Spark Ignition
                                Engine Fuel, Diesel Engine Fuel, and
                                Engine Oil by Ultraviolet
                                Fluorescence''.
Sulfur (500 ppm sulfur         ASTM D5453-08a, entitled, ``Standard Test
 diesel).                       Method for Determination of Total Sulfur
                                in Light Hydrocarbons, Spark Ignition
                                Engine Fuel, Diesel Engine Fuel, and
                                Engine Oil by Ultraviolet
                                Fluorescence''.
Sulfur (gasoline)............  ASTM D6920-07, entitled, ``Standard Test
                                Method for Total Sulfur in Naphthas,
                                Distillates, Reformulated Gasolines,
                                Diesels, Biodiesels, and Motor Fuels by
                                Oxidative Combustion and Electrochemical
                                Detection''.

[[Page 74406]]


Sulfur (500 ppm sulfur         ASTM D6920-07, entitled, ``Standard Test
 diesel).                       Method for Total Sulfur in Naphthas,
                                Distillates, Reformulated Gasolines,
                                Diesels, Biodiesels, and Motor Fuels by
                                Oxidative Combustion and Electrochemical
                                Detection''.
Sulfur (gasoline)............  ASTM D3120-06 [epsiv]\1\, entitled,
                                ``Standard Test Method for Trace
                                Quantities of Sulfur in Light Petroleum
                                Hydrocarbons by Oxidative
                                Microcoulometry''.
Sulfur (gasoline)............  ASTM D7039-07, entitled, ``Standard Test
                                Method for Sulfur in Gasoline and Diesel
                                Fuel by Monochromatic Wavelength
                                Dispersive X-ray Fluorescence
                                Spectrometry''.
Oxygen content (gasoline)....  ASTM D5599-00 (2005), entitled,
                                ``Standard Test Method for Determination
                                of Oxygenates in Gasoline by Gas
                                Chromatography and Oxygen Selective
                                Flame Ionization Detection''.
Oxygen content (gasoline)....  ASTM D4815-04, entitled ``Standard Test
                                Method for Determination of MTBE, ETBE,
                                TAME, DIPE, tertiary-Amyl Alcohol and C1
                                to C4 Alcohols in Gasoline by Gas
                                Chromatography''.
Olefins (gasoline)...........  ASTM D1319-03 [epsiv]\1\, entitled
                                ``Standard Test Method for Hydrocarbon
                                Types in Liquid Petroleum Products by
                                Fluorescent Indicator Adsorption''.
Aromatics (gasoline and        ASTM D1319-03 [epsiv]\1\, entitled,
 diesel).                       ``Standard Test Method for Hydrocarbon
                                Types in Liquid Petroleum Products by
                                Fluorescent Indicator Absorption'', for
                                diesel fuel, this method is the
                                designated test method, for gasoline,
                                this method is an alternative test
                                method and if used as an alternative
                                method, its results, must be correlated
                                to ASTM D5769-04.
Aromatics (gasoline).........  ASTM D5769-04, entitled, ``Standard Test
                                Method for Determination of Benzene,
                                Toluene, and Total Aromatics in Finished
                                Gasolines by Gas Chromatography/Mass
                                Spectrometry''.
Benzene (gasoline)...........  ASTM D3606-07, entitled, ``Standard Test
                                Method for Determination of Benzene and
                                Toluene in Finished Motor and Aviation
                                Gasoline by Gas Chromatography''.
Distillation (gasoline)......  ASTM D86-07b, entitled, ``Standard Test
                                Method for Distillation of Petroleum
                                Products at Atmospheric Pressure''.
Reid Vapor Pressure            ASTM D5191-07, entitled, ``Standard Test
 (gasoline).                    Method for Vapor Pressure of Petroleum
                                Products (Mini-Method)''.
------------------------------------------------------------------------

B. Alternative Test Method for Olefins in Gasoline

    Refiners, importers and oxygenate blenders producing gasoline are 
required to test RFG, and CG for various fuel parameters including 
olefins. The test method for determining olefin content is specified in 
the regulation.
    Recently, the American Petroleum Institute (API) requested in a 
letter to EPA that ASTM D 6550-05 be designated by EPA as an 
alternative test method in the regulations for olefins \15\ in 
gasoline. EPA has evaluated API's request on this test method issue and 
agrees. Thus, EPA is proposing to allow ASTM D6550-05 as an alternative 
test method in the regulations for olefins in gasoline, provided that 
its results are correlated to ASTM D1319. The allowance of this 
additional alternative test method for olefins in gasoline will provide 
the regulated community additional flexibility in meeting their testing 
requirements.
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    \15\ See Air Docket  EPA-HQ-OAR-2008-0558-0001.
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    In the ``Final Rules'' section of today's Federal Register, we are 
publishing a direct final rule that matches the substance of this 
proposed rule. If the Agency receives adverse comment or a request for 
public hearing by January 7, 2009, we will withdraw the direct final 
rule by publishing a timely withdrawal notice in the Federal Register. 
If the Agency receives no adverse comment or a request for public 
hearing by January 7, 2009, these test method changes will be effective 
sixty (60) days after publication of the final rule in the Federal 
Register. We are confident that sixty (60) days is sufficient lead time 
for industry to become familiar and implement these ASTM standard test 
methods for the applications mentioned above.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (EO)12866 (58 FR 51735, October 4, 1993) and 
is therefore not subject to review under the EO.

B. Paperwork Reduction Act

    This proposed rule does not impose any new information collection 
burden. However, the Office of Management and Budget (OMB), under the 
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., has 
approved the information collection requirements contained in the final 
RFG and anti-dumping rulemaking and gasoline sulfur control rulemaking, 
and has assigned OMB control number 2060-0277. OMB, under the 
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., has 
also approved the information collection requirements contained in the 
final Tax Exempt (Dyed) Highway Diesel Fuel rulemaking, and has 
assigned OMB control number 2060-0308. The OMB control numbers for 
EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's proposed rule on 
small entities, small entity is defined as: (1) A small business as 
defined by the Small Business Administrations' regulations at 13 CFR 
121.201; (2) a small governmental jurisdiction that is a government of 
a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field. The impact of concern is any 
significant adverse economic impact on small entities since the primary 
purpose of the regulatory flexibility analysis is to identify and 
address regulatory alternatives ``which minimize any significant 
economic

[[Page 74407]]

impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
    After considering the economic impacts of today's proposed final 
rule on small entities, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
In determining whether a rule has a significant economic impact on a 
substantial number of small entities, the impact of concern is any 
significant adverse economic impact on small entities, since the 
primary purpose of the regulatory flexibility analyses is to identify 
and address regulatory alternatives ``which minimize any significant 
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604. 
Thus an Agency may certify that a rule will not have a significant 
economic impact on a substantial number of small entities if the rule 
relieves regulatory burden, or otherwise has a positive economic effect 
on all of the small entities subject to the rule.
    All of the test method updates in this proposed rule will improve 
the performance and/or utilization by industry of ASTM standard test 
methods. This proposed rule does not impose a regulatory burden on 
anyone, including small businesses. Instead, this proposed rule will 
have a positive impact by improving performance of the industry, 
including small businesses, by enabling them to use more current 
voluntary consensus-based standard test methods. In addition, the 
allowance of ASTM D6550-05 will provide additional flexibility to the 
regulated community, including small businesses, in meeting olefins in 
gasoline testing requirements. We have therefore concluded that today's 
proposed rule will relieve regulatory burden for all effected small 
entities. We continue to be interested in the potential impacts of the 
proposed rule on small entities and welcome comments on issues related 
to such impacts.

D. Unfunded Mandates Reform Act of 1995 (UMRA)

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 
U.S.C. 1531-1538, requires Federal agencies, unless otherwise 
prohibited by law, to assess the effects of their regulatory actions on 
State, local, and tribal governments and the private sector. Federal 
agencies must also develop a plan to provide notice to small 
governments to have meaningful and timely input in the development of 
EPA regulatory proposals with significant Federal intergovernmental 
mandates and must inform, educate, and advise small governments on 
compliance with the regulatory requirements.
    This proposed rule does not contain a Federal mandate that may 
result in expenditures of $100 million or more for State, local, and 
tribal governments, in the aggregate, or the private sector in any one 
year. All of the test method updates in today's action will improve the 
performance and/or utilization by industry of the test methods already 
allowed by our regulations. The allowance of ASTM D6550-05 will provide 
additional flexibility to the regulated community in meeting olefins in 
gasoline testing requirements. Thus, this proposed rule is not subject 
to the requirements of sections 202 and 205 of the UMRA. This action is 
also not subject to the requirements of section 203 of UMRA because it 
contains no regulatory requirements that might significantly or 
uniquely affect small governments.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This proposed rule does not have federalism implications. It will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. All of the test method updates 
in today's action will improve the performance and/or utilization by 
industry of ASTM standard test methods. The allowance of ASTM D6550-05 
will provide additional flexibility to the regulated community in 
meeting olefins in gasoline testing requirements. Thus, Executive Order 
13132 does not apply to this proposed rule.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 6, 2000). This action 
applies to gasoline refiners, blenders and importers that supply 
gasoline or diesel fuel. All of the test method updates in today's 
action will improve the performance and/or utilization by industry of 
the test methods. The allowance of ASTM D6500-05 will provide 
additional flexibility to the regulated community in meeting olefins in 
gasoline testing requirements. Thus, Executive Order 13175 does not 
apply to this action.

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

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying 
only to those regulatory actions that concern health or safety risks, 
such that the analysis required under section 5-501 of the Executive 
Order has the potential to influence the regulation. This action is not 
subject to Executive Order 13045 because it does not establish an 
environmental standard intended to mitigate health or safety risks.

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

    This action is not subject to Executive Order 13211 (66 FR 18355 
(May 22, 2001)) because it is not a significant regulatory action under 
Executive Order 12866.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C. 
272 note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards.
    This proposed rule involves technical standards. EPA will adopt 
ASTM standards as described in Units II.A, and II.B of the 
SUPPLEMENTARY INFORMATION section of this document. All technical 
standards included in today's rule are standards developed by ASTM, a 
voluntary consensus standards body, and thus raises no issues under the 
NTTAA. The ASTM standards in today's action may be obtained from

[[Page 74408]]

ASTM International at 100 Barr Harbor Drive, P.O. Box C700, West 
Conshohocken, PA 19428-2959, 610-832-9585 (phone), 610-832-9555 (fax), 
or service@astm.org (e-mail); or through the ASTM Web site (http://
www.astm.org).

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice and Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. All of the test method updates in this direct final rule 
will improve the performance and/or utilization by industry of the test 
methods. The allowance of ASTM D6500-05 will provide additional 
flexibility to the regulated community in meeting olefins in gasoline 
testing requirements. This proposed rule amendment does not relax 
control measures on sources regulated by the rule and therefore will 
not cause emission increases from these sources.

IV. Statutory Provisions and Legal Authority

    Statutory authority for today's proposed rule comes from sections 
211(c), 211(i) and 211(k) of the CAA (42 U.S.C. 7545(c) and (k)). 
Section 211(c) and 211(i) allow EPA to regulate fuels that contribute 
to air pollution which endangers public health or welfare, or which 
impairs emission control equipment. Section 211(k) prescribes 
requirements for RFG and CG and requires EPA to promulgate regulations 
establishing these requirements. Additional support for the fuels 
controls in today's proposed rule comes from sections 114(a) and 301(a) 
of the CAA.

List of Subjects in 40 CFR Part 80

    Environmental protection, Air pollution control, Fuel additives, 
Gasoline, Diesel, Imports, Incorporation by reference, Motor vehicle 
pollution, Reporting and recordkeeping requirements.

    Dated: November 13, 2008.
Stephen L. Johnson,
Administrator.
[FR Doc. E8-28372 Filed 12-5-08; 8:45 am]

BILLING CODE 6560-50-P
