United States        Air and Radiation        EPA420-R-01-017
           Environmental Protection                   June 2001
           Agency
vxEPA    VOC Adjustment Rule:
           Response to Comments
                                    > Printed on Recycled Paper

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                                             EPA420-R-01-017
                                                     June 2001
                  to
Transportation and Regional ProgramsDivision
   Office of Transportation and Air Quality
    U.S. Environmental Protection Agency
             Document II.B-3
             Docket A-99-3 2

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TABLE OF CONTENTS
I. COST  	1
      A.  References 	1
      B.  The cost of complying with the Phase IIVOC standard for ethanol RFG	2
             1. Background	2
             2. Comments on cost	3
      C.  Market effects of an adjustment in the Midwest	4
      D.  Market effects of an adjustment outside the Midwest	5

II.    SELECTION OF ADJUSTMENT LEVEL AND EXPECTED AIR QUALITY
      IMPACTS OF THE RULE IN THE MIDWEST	7
      A.  Background and summary	7
      B.  Description of IEPA photochemical modeling analysis	10
      C.  EPA's reasons for not accepting the adjustment of 0.5 psi  	12
      D.  How lEPA's photochemical modeling supports an adjustment equivalent to an
          increase in RVP of 0.3 psi	13
      E.  Consideration of other approaches	16
      F.  Calculation of ratios of CO emission decreases to VOC increases  	17
      G.  Other comments on the adjustment level	17
      H.  Discussion of the emissions impact of the VOC adjustment  	18
          1. NOx and permeation	18
          2. Comparison of emission impacts with and without the adjustment	19
          3.  Calculation of onroad VOC and CO emissions for the "rule" and "no-rule"
             scenarios	20
          4. Commingling  	22
             a. Background 	22
                   b.  Further evaluation of commingling in response to comments 	24
          5. Toxics	25
          6. Nonroad emissions  	26
             a. Effect of VOC adjustment on VOC nonroad emissions  	26
             b. Commingling effect for off-road emissions 	27
             c. Effect of rule on CO nonroad emissions	27
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III. EXPECTED AIR QUALITY IMPACTS (OUTSIDE MIDWEST)                29

IV.   EFFECT OF NEWER VEHICLES AND LOW SULFUR GASOLINE ON
      ADJUSTMENT VALUE                                                 31

V. OTHER COMMENTS                                                      32
      A. Applicability of adjustment to ethanol RFG at less than 10 volume percent	32
      B. Stranded cost of investments to comply with Phase II RFG 	32
LIST OF TABLES

Table 1:   VOC emission increases and ratios of CO decrease to VOC increases for Chicago and
         Milwaukee as a function of RVP  	34

Table 2:   VOC emission reductions calculated by the Complex Model as a function of RVP . 35

Table 3:   Comparison of emissions with and without the rule in Chicago and Milwaukee  ... 36

Table 4:   Detailed breakdown of emissions with and without the rule in Chicago and
         Milwaukee	37
                                       in

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I.  COST










A. References




       Information in the proposed rule regarding the cost of producing MTBE and ethanol RFG




was derived from previous cost studies. These studies are included in Docket A-99-32:









II.D-1: March 17, 1999 report prepared by Jerry Hadder of Oakridge National Laboratory




       (ORNL) estimating the economic impacts of Phase 2 gasoline reformulation on the value




       of ethanol.









II.D-2: June 14, 1999 memo from Jerry Hadder of ORNL regarding the impact of Phase 2




       gasoline reformulation requirements on the cost of using ethanol in PADD II.









       We also used information contained in EPA's Final Regulatory Impact Analysis for




Reformulated Gasoline (December 13, 1993).

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B. The cost of complying with the Phase II VOC standard for ethanol RFG




1. Background




       Section 21 l(k)(3) of the Clean Air Act requires that for the year 2000 and beyond, EPA's




regulations for RFG must include a VOC performance standard which must be at least equal to a




25 percent reduction from baseline emissions. An exception to the 25 percent reduction can be




allowed for factors such as technical feasibility and cost, but in no case can the reduction be less




than 20 percent.




       According to the cost study on ethanol RFG blends conducted by DOE (referenced in




Section LA), the change in average manufacturing cost of reducing the RVP of blendstock




intended for ethanol-blended RFG to a level that ensures compliance with the current Phase n




VOC performance standard is approximately $0.01 per gallon of RFG for refiners currently using




ethanol. Based on DOE's modeled 1.4 psi increase, this cost reflects the 1.4 psi RVP reduction




necessary to offset the RVP increase associated with the use of ethanol as an oxygenate. (DOE




derived its cost impact estimates by comparing the cost of reducing the RVP in Phase I RFG




with 10 volume percent ethanol, to the RVP level necessary to comply with the Phase n RFG




performance standard for VOC.)




       Based on the above, it would cost refiners approximately $0.01 per gallon to reduce the




RVP of blendstock used to make ethanol RFG by 1.4 psi. Since our adjustment of the VOC




performance standard by 2.0 percentage points is equivalent to an increase in RVP of




approximately 0.3 psi of the blendstock, we calculate the reduction in cost associated with this




adjustment as follows: the ratio of the 0.3 psi to 1.4 psi is 21.4 percent; this ratio is then applied




to the $0.01 per gallon to yield a cost reduction of approximately $0.002 per gallon.

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2. Comments on cost

       Comments stated that the adjustment (at an equivalent increase in RVP of 0.2 psi, as

proposed) would be too small to offer relief to refiners. One commenter suggested that an

adjustment equivalent to as much as 1.0 psi would not result in a change in ambient ozone that

could be detected via monitoring or photochemical modeling. The commenter stated that since

the Clean Air Act allows EPA to adjust the performance standard downward to as low as 20

percent, taking into account technical  feasibility and cost, that such an adjustment could be

allowed. Other commenters also raised the 20 percent lower limit as a possibility that EPA

should consider.

       We do not agree, in light of the serious air quality consequences associated with such an

adjustment, that cost considerations related to making RFG with ethanol justify an adjustment

equivalent to a 1.0 psi RVP increase.  The statutory basis for the adjustment, per Sections

21 l(k)(l) and 21 l(k)(3), authorizes EPA to consider the additional cost associated with making

Phase n RFG with 10 volume percent ethanol and the water quality impacts of any potential

increase in use of MTBE, and EPA believes it also appropriate to consider the impact of any such

adjustment on the air quality benefits that are the primary aim of the RFG requirements.1  Thus,

the amount of the adjustment should be limited by considerations related to the impact that an

adjustment might have on the air quality benefits of the Phase II RFG program. As discussed in

Section HI below, we believe that the  adjustment should be no larger than that which  can be

reasonably expected to result in overall air quality benefits comparable to the benefits achieved
              Unlike EPA's renewable oxygen requirement (see Am. Petroleum Inst. v. Browner, 52 F.3d 1113, (D.C. Cir
              1995)), today's rulemaking does not impose any additional restrictions on RFG. Rather, today's action
              preserves the goals of the RFG program while taking into consideration the factors enumerated in sections
              21 l(k)(l) and (k)(3) to identify the appropriate VOC reduction requirement for certain types of fuels."

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by Phase II of the RFG program generally. We believe that a downward adjustment of 2.0




percentage points (rather than the proposed 1.0 percentage point) from the current standard is




appropriate, based largely on photochemical modeling that Illinois Environmental Protection




Agency (IEPA) submitted to EPA.




       With respect to the comment that the 1 percentage point adjustment was too small, we




note that during last summer, refiners supplied RFG with ethanol to the Chicago and Milwaukee




RFG areas. The ethanol industry originally feared that the increased stringency of the Phase II




VOC standard would result in ethanol being "locked out" of the RFG market. Last summer's




RFG market proved otherwise, however.  This suggests that with economic conditions similar to




last summer's the current Phase II standard should not prevent refiners from making RFG with




ethanol.  More importantly, however, it suggests that an adjustment will offer increased




flexibility to refiners. Thus even if market conditions change, we believe an adjustment will




provide an incentive to make more RFG with ethanol than without such adjustment. Finally, one




refiner commented that the 1 percentage point adjustment would result in that refiner making




approximately 5 percent more RFG with ethanol than without the adjustment.  We believe,




therefore that the 2 percentage point adjustment will allow even greater flexibility to refiners




supplying RFG to Chicago and Milwaukee.









C.  Market effects of an adjustment in  the Midwest




       While ethanol maintained its market share in the Chicago and Milwaukee RFG programs




during the summer of 2000, for the future it continues to be difficult to predict  with certainty the




geographic distribution of specific oxygenates in the Phase n RFG program.  EPA wishes to

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ensure the stability of the RFG program in the Midwest and to avoid any significant disincentive




for the use of ethanol.  Related to this, one refiner supplying the Chicago area commented that




the VOC adjustment could result in an increase at the commenter's refinery of approximately one




to two thousand barrels per day of ethanol-RFG during the summer blending season.  Although




this is a nominal increase, it was an estimate made on the basis of the proposed adjustment of 1.0




percentage point.  We believe that today's adjustment of 2.0 percentage points will provide an




incentive for the continued use of ethanol in Chicago and Milwaukee.









D. Market effects of an adjustment outside the Midwest




       Outside the Midwest, where MTBE is the predominant oxygenate used in RFG, we agree




with commenters who suggested that an adjustment to the VOC performance standard may have




little or no impact on ethanol use. This is because ethanol use outside of the Midwest is




influenced primarily by ethanol availability and cost. While an adjusted standard, if it were to




apply in such areas, could provide some cost relief to refiners choosing to make ethanol-RFG, it




would probably not provide  sufficient incentive to cause refiners who would not otherwise do so




to switch from MTBE to ethanol. Therefore, to the extent that conditions favorable to increased




ethanol use arise in areas outside of the Midwest, refiners may decide to switch to ethanol, but




any such decisions are unlikely to be strongly influenced by a small adjustment to the VOC




standard. Even if an adjustment of the VOC performance standard would result in some




additional ethanol use in these areas, however, we believe that in areas where there is current




ethanol use would not preserve the benefits of the RFG program. This is discussed in further




detail in Section n.H.4. below on commingling effects.

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II.     SELECTION OF ADJUSTMENT LEVEL AND EXPECTED AIR QUALITY
       IMPACTS OF THE RULE IN THE MIDWEST
       In deciding to promulgate the final VOC adjustment rule, we concluded that in the

Chicago and Milwaukee RFG areas the adjustment would preserve the air quality benefits of the

RFG program and provide an incentive for continued use of ethanol. In this section we discuss

how we established the adjustment level, and compare the emission impacts of the rule to that of

a "no-rule" scenario. We believe that the overall effect of the adjustment on emissions will not

adversely impact the overall benefits of Phase II RFG. While there will be greater mass VOC

emissions with the rule than without it, RFG with 10 volume percent ethanol (3.5 weight percent

oxygen) achieves significantly greater CO emission reductions than RFG with 2.0 weight percent

oxygen. We believe that the ratio of CO reduction to VOC increase associated with ethanol use

provides a reasonable degree of assurance that the ozone air quality impacts of RFG in Chicago

and Milwaukee will result in benefits  similar to those generally expected from the Phase n RFG

program.

A. Background and summary

       RFG blended withlO percent ethanol by volume, the typical blending level of ethanol,

achieves significant reductions in CO emissions compared to non-ethanol RFG blends because of

higher oxygen content (3.5 weight percent oxygen vs. 2.0 weight percent oxygen). It is well

recognized that CO contributes to ozone formation. CO is present in ambient concentrations due

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in large part to the large volume of emissions from mobile sources. The Urban Airshed Model




(UAM), relied on by states in their State Implementation Plan (SIP) submissions, includes




inventories of CO emissions as well as volatile organic compounds (VOC) and oxides of




nitrogen (NOx).  While the role of CO in the formation of ozone is limited when compared to the




effect of VOC and NOx, the volume of CO emissions from motor vehicles is comparatively large




and therefore is not ignored in photochemical modeling demonstrations.




       RFG with 3.5 weight percent oxygen results in a level of CO emission reductions that is




greater than at 2.0 weight percent - the minimum amount of oxygen required by the statute -




with correspondingly greater ozone benefits. Thus, at appropriate levels an adjustment to the




VOC performance standard for such blends  can still preserve the level of ozone air quality




benefits generally expected to be achieved by the statutory RFG program. We have concluded




that such an adjustment is appropriate in this case, based on cost and water quality




considerations, so long as we can be reasonably confident that the expected benefits of the RFG




program will be preserved. We are therefore adjusting the VOC performance standard by 2.0




percentage points for 10 volume percent ethanol RFG in the Chicago and Milwaukee areas. In




order to provide reasonable assurance that the benefits of the RFG program will be preserved, we




used the following process to determine the appropriate level for the adjustment:




       1) We calculated the CO decrease in tons per day for Chicago and Milwaukee (the RFG




          areas that use ethanol) associated with the increase from 2.0 to 3.5 weight percent




          oxygen in the fuel;




       2) We calculated the VOC increase in tons per day in Chicago and Milwaukee




          associated with varying increases in RVP  in increments of 0.1 psi;

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       3)  We calculated the ratio of CO decrease to VOC increase for each of the RVP




          increments for both Chicago and Milwaukee;




       4)  We selected the RVP increment yielding a ratio of CO decrease to VOC increase that




          we believe will result in similar ozone air quality benefits as currently achieved by the




          Phase IIRFG program in the Chicago and Milwaukee areas.




       The first three steps are detailed in the draft Technical Support Document (see Document




II-B-2 in Docket A-99-32). The fourth step involved using the results of photochemical




modeling that Illinois Environmental Protection Agency (IEPA) conducted for the Chicago




region, and which was submitted to EPA for our consideration.




       The proposed adjustment to the VOC performance standard of 1.0 percentage point




(equivalent to an increase in RVP of approximately 0.2 psi) would have resulted in a ratio of CO




emission decrease to VOC emission increase of 45:1. At the time, EPA was generally confident




that this level of adjustment would protect the air quality benefits of the RFG program.




Comments criticized and questioned our selection of this adjustment value;  some commenters




believed that the adjustment was not large enough and others believed it could result in adverse




ozone air quality impacts.




       In the proposed rule we solicited comment on a photochemical modeling analysis that




IEPA provided to EPA.  IEPA submitted an analysis that it believed supported an adjustment




equivalent to an increase in RVP of 0.5 psi in the Chicago area.  (A report analyzing lEPA's




submission is Document IV-A-1 in Docket A-99-32.) While we do not accept the adjustment




level of 0.5 psi for reasons detailed below, we believe that the photochemical modeling that




IEPA conducted provides information about the relationship  between CO and VOC emissions

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and ozone formation that reasonably supports a VOC adjustment equivalent to 0.3 psi in the




Chicago and Milwaukee areas.




       The IEPA analysis suggests the ratio of CO decrease to VOC increase necessary to




maintain similar ozone air quality benefits is lower than the 45 to 1 ratio upon which we based




the proposed adjustment. Specifically, for the modeled region, the ratios of CO decrease to




VOC increase suggested by lEPA's modeling range from 12:1 to 23:1, for the four episode days




modeled.




       As explained in further detail in Section II.B. below, EPA believes that based upon




lEPA's photochemical modeling, the proposed 0.2 psi equivalent adjustment level would be




overly  conservative.  EPA is reasonably confident that an adjustment equivalent to 0.3 psi will




maintain similar ozone air quality benefits as the current Phase IIRFG program.









B. Description of IEPA photochemical modeling analysis




       IEPA performed an analysis of the ozone impacts of CO and VOC emissions from motor




vehicles in the lower Lake Michigan area. (See Documents II-D-4, 5 and 6 in Docket A-99-32).




IEPA ran the Urban Airshed Model-Version V (UAM-V) for a four day episode in 1991. The




analysis compared the reduction in peak predicted ozone concentrations from assumed reductions




of CO and VOC emissions from motor vehicles.




       The baseline emissions inventory for lEPA's modeling analysis was the most recent




inventory developed by the Lake Michigan Air Directors Consortium (LADCO) for the Chicago




area for the year 2007. The inventory reflected all mandated CAA controls, motor vehicle




emissions at NLEV and RFG-II levels, and a NOx emissions rate of 0.25 Ib/MMBTU for large







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electric generating units. IEPA then ran a baseline scenario using the 2007 inventory and




meteorological and air quality data bases developed for the 16-21 July 1991 LMOS/OTAG




episode. We believe that this episode corresponds to the most prevailing type of episode for




Chicago and generally provides a reasonable basis for evaluating air quality impacts in this areas.




      In addition to the year 2007 baseline, IEPA simulated additional hypothetical emissions




scenarios.  These involved runs in which IEPA first reduced motor vehicle CO emissions,




producing an ozone differential of approximately 1 ppb. IEPA then used an iterative process to




determine how much VOC reductions in the on-road vehicle inventory in the greater Chicago




region in northeastern Illinois would be needed in the model to give the same ozone response.




No other changes to the modeling input files (including initial and boundary conditions) were




made.




      IEPA next analyzed UAM-V results; i.e, ground level ozone concentrations for the 2007




baseline, the CO reduction scenario, and the VOC reduction scenario. For each modeling day,




IEPA tabulated the peak 1-hr ozone concentration predicted anywhere in the grid domain for the




baseline and the two hypothetical scenarios. IEPA normalized the impact of CO and VOC




emissions on ozone formation by computing, on a daily basis, the change in ozone (in ppb) for




each 1000 tons of CO and VOC emissions reduced.  The result of the analysis was a table listing




the computed ratio  of CO to VOC ozone changes per 1000 tons of emissions reductions.




      IEPA concluded that the amount of ozone  formed by CO emissions is 4 to 8 percent of




that for VOC for the episode modeled. The actual CO/VOC ratios of ozone formation  derived




from UAM-V modeling for Chicago were 8.61, 4.30, 6.56 and 7.86 percent for the individual




days during the 18-21 July 2007 simulation period. IEPA used this modeling, in combination






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with certain emission assumptions (as described below),  to conclude that EPA should adopt an




adjustment to the VOC performance standard equivalent to 0.5 psi.




C. EPA's reasons for not accepting the adjustment of 0.5 psi




       After evaluating lEPA's analysis, EPA has decided that the IEPA study does not




reasonably support an adjustment of 0.5 psi RVP for RFG containing ethanol .  lEPA's




methodology was internally inconsistent and used inaccurate emission estimates.




       IEPA compared the emissions (expressed in mg/mi) of a "complying fuel" (assumed to




have an RVP of 6.8 psi and 2.0— see Document n-D-6 in Docket A-99-32) with an  alternative




fuel consisting of a 7.3 psi RVP and 3.5 weight percent oxygen. IEPA calculated the ozone




impact from the "complying fuel" versus the 7.3 psi fuel using the ratios of CO and VOC ozone




formation derived from the photochemical modeling described above. Using this technique,




IEPA calculated that the ozone impact of complying fuel would be 4,289 mg ozone/mi and that




the ozone impact of the 7.3 psi fuel (with accompanying CO reductions due to the 3.5 weight




percent oxygen) would be 4,291 mg ozone/mi—comparable amounts.




       We found several deficiencies in the emission calculations which IEPA used in its




justification of a 0.5 psi adjustment. Specifically, the motor vehicle VOC emission rates were




taken from the EPA Complex Model and represent emissions from solely 1990 model year




vehicles rather than those of the in-use fleet post-2000. IEPA then obtained the emission factor




for CO by multiplying the Complex Model-derived VOC emission factor by a ratio  of nationwide




CO to VOC emissions for onroad vehicles, taken from the 1997 EPA Emissions Trends report




rather than using values contained in the emission inventory for this region.  This method is




highly inaccurate, in that it represents a blend of emissions in areas with conventional and






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reformulated gasoline, summer and winter conditions, and a wide range of local emission control

programs, such as I/M, rather than the specific conditions existing in Chicago during the ozone

episodes. Finally, lEPA's estimate that 10 volume percent ethanol RFG (3.5 weight percent

oxygen) would provide a 10 percent reduction in CO emissions from motor vehicles (compared

to 2.1 weight percent oxygen RFG) is overstated.  Using draft MOBILE62 methodology,

(described in the above referenced draft Technical Support Document) we estimate a reduction of

approximately 7 percent.  We found that while the application of the modeling results was

mathematically correct, the emissions inventory assumptions that they used to apply the results

were inaccurate and inconsistent and therefore did not support an  adjustment to the VOC

standard of 3.7 percentage points (0.5 psi).

       Notwithstanding the inaccuracies of the inventory used,  IEPA also relied upon the use of

relative reactivity factors for exhaust and evaporative VOC emissions. EPA does not support the

use of relative reactivity factors, for reasons stated in the preamble of the NPRM.   See 65 FR

42924.

D.     How lEPA's photochemical modeling supports an adjustment equivalent to an
       increase in RVP of 0.3 psi

       While we do not accept lEPA's recommendation for an  adjustment equivalent to an

increase in RVP of 0.5 psi, we find that the photochemical modeling that IEPA conducted does
              MOBILE is an integrated set of FORTRAN routines for use in the analysis of the air pollution impact of
              gasoline-fueled and diesel-powered highway mobile sources. MOBILE is used in the preparation of all
              projection year emission inventories required by the Clean Air Act Amendments of 1990 for non-California
              areas. MOBILE calculates emission factors for gasoline-fueled light-duty vehicles (LDGVs), light-duty
              trucks (LDGTs), heavy-duty vehicles (HDGVs), and motorcycles. MOBILE also contains provisions for
              modeling the impact on emission factors of oxygenated fuels (i.e., gasoline/alcohol and gasoline/ether
              blends) and of participation in the reformulated gasoline (RFG) program under the 1990 Clean Air Act
              Amendments.
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support a larger adjustment to the VOC standard than we originally proposed when more recent

information on emissions inventory of CO and VOC from onroad vehicles is used.

       As described in the above referenced draft Technical Support Document, we calculated

changes in emissions associated for each 0.1 psi increment of RVP above complying fuel as

determined via the Mobile Model.3  (Table 1 provides a summary of the VOC emission increases

and ratios of CO decrease to VOC increase for Chicago and Milwaukee for RVP values from 6.7

to 7.7 in increments of 0.1 psi; Table 2 provides a summary of the VOC emission  reductions

calculated by the Complex Model as a function of these varying RVP levels, with  all other

parameters held constant. Table 2 is included here as a reference to show how the ratio of CO

decrease to VOC increase of 15:1 relates to a downward adjustment to the VOC performance

standard by 2.0 percentage points.)  As shown in Table 1, at a 0.2 psi adjustment level, the

reduction of CO emissions relative to the increase in VOC emissions is 45:1.  At a 0.3 psi

adjustment, the ratio of CO decrease to VOC increase drops to 15:1.  Having determined the CO

and VOC emission consequences of different levels of adjustment, we evaluated what the ozone

consequences might be, in order to identify a level of adjustment at which we could be generally

confident that the ozone benefit of Phase n RFG would be preserved in the Chicago and
               Mobile 6 is currently under review and has not as yet been released to the public. As a result, we felt that the
               computation of VOC increases associated with the adjustment should be based on Mobile 5b, which is
               publicly available. The equations for computation of CO in Mobile 6, however, were peer reviewed and
               available to the public.  We chose to use the Mobile 6-derived equation for CO, rather than relying on
               Mobile 5b, primarily because newer and more relevant data was used in Mobile 6 to arrive at the relationship
               between fuel oxygen and CO. MOBILESb oxygen-based CO benefits have been questioned for some time
               because dispersion modeling of Mobile 5b-derived CO inventories have not matched monitored ambient CO
               levels.  Mobile 5b overestimates the CO reduction benefit due to fuel oxygen, while Mobile 6, based on new
               data, shows a reduction in oxygen-based CO benefits for many vehicle classes and essentially a zero-benefit
               for post-tier 1 (1994 and later) vehicles. Therefore because of the public availability of the CO calculation
               method for Mobile 6 and the increased accuracy in prediction of oxygen-based CO benefits, we felt the
               Mobile 6 estimation method for CO provided a better more conservative estimate for these emissions than
               Mobile 5b.

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Milwaukee areas.




       The single episode UAM analysis performed by IEPA indicated that, ton for ton, CO




would form 4.30, 6.56, 7.86 and 8.61 percent as much ozone as VOC, respectively, over the four




days of the modeled episode.  The mean value of the CO to VOC ozone formation ratios




obtained from lEPA's analysis is 6.8 percent, at which level the ratio of CO reductions to VOC




increase needed to maintain ozone levels is 14.7:1.  Moreover, looking at the IEPA modeling




results on a daily basis, the results indicate that for each ton of VOC increase, the decreases in




CO emissions necessary to maintain ozone levels are 23,  15, 13, and  12 tons, respectively.




Thus, on two of the days that IEPA modeled, the ratio was better than the 15:1 associated with a




VOC adjustment equivalent to 0.3 psi (an ozone benefit), and on one of the days the modeled




ratio was approximately 15:1 (ozone neutral). On only one of the four days modeled was the




ratio worse (i.e., greater) than 15:1. Significantly, the modeled day producing the ratio of 15:1




yielded the highest ozone concentration of the four days modeled. Because the highest ozone




concentration is associated with the 15:1 ratio, adjustments based on  lower ratios (i.e., 12:1 and




13:1) should not be used.  We believe, therefore, that lEPA's analysis provides reasonable




assurance that the 0.3 psi adjustment level is appropriate and would tend to preserve the ozone




air quality benefits of the Phase n RFG program.




       Finally, we note that the photochemical analysis for Chicago can be said to be generally




representative of the Milwaukee area to due to the similarity in fuel formulations (100 percent




ethanol blended RFG), their geographical proximity (less than 100 miles apart), and the fact that




lake effects on local meteorology would be expected to be similarly important in the  formation




of ozone in these two areas.






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E. Consideration of other approaches




       Both the Renewable Fuels Association (RFA) and the National Corn Growers




Association (NCGA) submitted comments on the proposed rule, suggesting that a larger




adjustment be adopted.  (See items IV-D-10 and IV-G-01 in Docket A-99-32).  RFA's analysis




was based in part on reactivity factors, as well as photochemical modeling runs. We do not




accept the use of reactivity factors as discussed in further detail below.  RFA's consultant




prepared the photochemical modeling analyses for RFA, and also prepared photochemical




analyses for IEPA which they used in the studies which they submitted to EPA.  The report




prepared by our consultant on lEPA's study addresses the photochemical modeling conducted by




RFA's consultant (see document IV-A-1 in Docket A-99-32).  Briefly, for the reasons stated in




the report on lEPA's analysis, we believe that assumptions and approach adopted by RFA's




consultant in the photochemical modeling analysis contain similar technical problems as those




that were in the consultant's analyses for IEPA. We found that lEPA's own photochemical




analysis, however, while possessing some problems, were generally valid for use in establishing




the adjustment that we are promulgating.




       NCGA's analysis was based entirely on the use of reactivity factors to support a larger




adjustment. Our position on the use of reactivity factors is the same as we stated in the proposed




rulemaking.  Specifically, we agree with the National Research Council in its 1999 report (page




5) in which it states '' So-called reactivity factors * * * are often uncertain and of limited utility




for comparing similar RFG blends." EPA continues to believe that the reactivity factors that




have been developed to date may not accurately reflect actual photochemical reactivity  of various




ozone precursors.  In recent regulatory decisions, EPA has expressed these concerns and others






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related to the use of relative reactivity factors [63 FR 48792, September 11, 1998].  In particular,




EPA is concerned that the factors do not represent the wide variation in atmospheric conditions




that exist across the country or across any individual airshed and which have a large influence on




ozone formation.









F. Calculation of ratios of CO emission decreases to VOC increases




       Some commenters criticized the procedure we used to establish ratios of CO emission




decreases to VOC increases for the various incremental RVP values and questioned our use of




Mobile 5b for calculation of VOC emissions while using an equation derived from Mobile 6 for




calculating CO decreases.  At this time, the Mobile 6 equation for CO has been peer reviewed




and is thus appropriate for use, while the equations for VOC in Mobile 6 are still undergoing




review.  We do not believe that use of Mobile 5b for VOC and the Mobile 6 equation for CO




represents an inconsistency. Rather, Mobile 6 provides a more accurate method for estimating




CO as a function of oxygen in the fuel.  Mobile 5b would have overestimated the CO decrease,




suggesting an inappropriate adjustment for VOC. Thus, while we believe that there is no




inconsistency in our approach, we note that any potential effect of using Mobile 6 to evaluate CO




emissions would tend to make our analysis more accurate.




G. Other comments on the adjustment level




       The California Air Resources Board (CARB) commented on our proposed rule and stated




that our ratio of CO decrease to VOC increase associated with the adjustment (45:1) is similar to




theirs, but "must not be further decreased."  While we had  proposed a nationwide adjustment to




the VOC performance standard, we believe for the reasons explained in the preamble to the rule






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that the adjustment should be restricted to the Chicago and Milwaukee areas. Thus, while




CARS's comment might have merit for a rule of national applicability, it is not specifically




relevant to Chicago and Milwaukee and does not provide a basis for rejection of lEPA's




photochemical modeling results for the modeled region.




       Another comment suggested that the effect on ozone from an adjustment equivalent to an




RVP increase of 1.0 psi would be impossible to detect via monitoring or modeling and therefore




the adjustment should be made at such level. We agree that the effect of small VOC adjustments




on ozone generally would be too small to be measured via ambient ozone monitoring or




modeling due to the lack of sensitivity of such measurement and predictive tools.  Given the




numerous factors (e.g., other stationary and mobile source air quality control strategies,




meteorology, traffic patterns, geography and other factors) that affect ambient air measurements,




it is difficult to discern the impact of any one air quality control strategy through ambient




monitoring or photochemical modeling. Notwithstanding the difficulty of  discerning the changes




due to any one air quality strategy, this does not mean there is no impact on ozone or that a 1.0




psi adjustment would preserve the benefit of the Phase n RFG program. This benefit comes




from the actual impact of the RFG emissions reductions on ozone and the role these reductions




play in combination with many other necessary regulatory programs to obtain overall reductions




in ozone. We do not believe that the size of the CO reduction relative to a  VOC increase




associated with a 1.0 psi adjustment would preserve the benefit of the Phase II RFG program.




Furthermore,  we do not consider the benefits of the Phase n RFG program to be inconsequential.




H. Discussion of the emissions impact of the VOC adjustment




1. NOx and permeation






                                          18

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       Some commenters raised issues regarding the impact of the proposed VOC adjustment




on NOx emissions and permeation. Commenters stated that the higher oxygen levels associated




with the use of ethanol in RFG at 10 volume percent (3.5 weight percent oxygen) lead to




increased NOx emissions, and result in a loss of overcompliance with the NOx performance




standard. Commenters also suggested that the proposed VOC adjustment would result in an




increase in permeation. Specifically, commenters observed that soft fuel components of




automotive fuel systems tend to be more permeable to ethanol than to other hydrocarbons in




gasoline. Thus, they argued, any increase in ethanol use attributable to an adjustment of the VOC




performance standard would be accompanied by an increase in permeation-related emissions.




       There is a high level of uncertainty regarding the overall impact of the VOC adjustment




on NOx emissions, given the variety of other fuel parameters such as aromatics, olefms, and




other gasoline components that can affect NOx emissions.  Specifically, there is no adequate




basis to conclude what the effect on NOx would be absent information about what impact this




rule-or oxygen levels-will have on how refineries reformulate their gasoline for all of the fuel




parameters relevant to NOx. There is also uncertainty regarding permeation since currently there




is little information on the level of permeation emissions associated with ethanol. The California




Air Resources Board is undertaking a study to quantify permeation losses, but the study will not




be released until the fall of 2001. Moreover, because the rule is restricted to the Chicago and




Milwaukee RFG areas, in which the penetration of ethanol-RFG is 100 percent, the NOx and




permeation emissions would not change from their current levels if there is no change in ethanol




use.




2.  Comparison of emission impacts with and without the adjustment






                                          19

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       We believe that without the VOC adjustment a limited potential exists for refiners to use

more MTBE in RFG in the Chicago and Milwaukee areas than with the adjustment.

Accordingly, we have examined the effect of the adjustment on emissions for both scenarios (i.e.,

rule and no rule) and compared the results. We believe that the ratio of CO reduction to VOC

increase associated with ethanol use will remain at a level that provides a reasonable assurance

that the benefits of the Phase n RFG program will be preserved, even with the adjustment.

Therefore, the rule will not sacrifice the general benefits of Phase n RFG.

       Table 3 summarizes the emission impacts of today's action, as compared to the emission

consequences of no action,  in both the Chicago and Milwaukee RFG areas with respect to CO

and VOC. The no-rule scenario assumes that the VOC standard remains as it is currently, and

that there would be a 5 percent market penetration of MTBE as an oxygenate for RFG in the

Chicago and Milwaukee areas.4  Table 4 provides a detailed breakdown of the emission effects

for the rule and no-rule scenarios for commingling and nonroad vehicles.

       Calculation methods and assumptions are described in the sections below. Also

discussed below is the effect on the parameters of commingling, nonroad vehicles, and toxics.

3. Calculation of onroad VOC and  CO emissions for the "rule" and "no-rule" scenarios

       The above-referenced draft Technical Support Document for the proposed rulemaking

contains the calculation procedures that we used to estimate the CO reduction associated with 3.5

weight percent oxygen in the gasoline, and the VOC emission changes  as a function of RVP

increases associated with an adjustment to the VOC  performance standard.
              We believe that this 5 percent level is a conservative estimate of the most MTBE-blended RFG we
              might expect to see in Chicago and Milwaukee over the short term. We use this level for purposes
              of this analysis to illustrate the potential impact of today's rule if the rule has the intended effect.

                                           20

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       For the no-rule scenario, there would be no VOC increase since there would be no




adjustment. The calculation of CO for the no-rule scenario assumes that 5 percent of the ethanol-




RFG market share is displaced by MTBE-RFG. This increase in MTBE use would result in a




loss of some of the CO reduction benefits associated with 10 volume percent ethanol RFG.




       Specifically, for the 5 percent share of ethanol RFG that is displaced, the oxygen content




of the RFG decreases from 3.5 to 2.1 weight percent; it is necessary then to calculate the CO




emissions increase for that market share. CO emissions at 2.1 weight percent oxygen are




approximated by the Mobile 6-derived equation used in the draft Technical Support Document.




We converted the CO emission rate (10636.7 mg/mi) to tons/day and multiplied by the MTBE




market share (5 percent) and the VMT for Chicago and Milwaukee to yield 76.39 tons/day and




18.6 tons/day, respectively. We then compared these values with CO emissions assuming 3.5




weight percent oxygen in the fuel, also approximated by the Mobile 6-derived equation.  Using




this same approach we estimate these emissions to be 9906 mg/mi which, based on the Vehicle




Miles Traveled (VMT) for each area, equates to 71.14 and 17.28 tons/day for Chicago and




Milwaukee, respectively.  Thus we estimate the increase in CO from a displacement of 5 percent




of ethanol RFG at 3.5 weight percent oxygen by MTBE RFG at 2.1 weight percent oxygen to be




5.25 tons/day (76.39 - 71.14) and 1.27 tons/day (18.6-17.28), for Chicago and Milwaukee,




respectively.
                                          21

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4. Commingling

a. Background

       In comparing the rule and no-rule scenarios, a model that estimates commingling effects

(described in more detail below) suggests that the adjustment will have a modest beneficial

impact on VOC emissions because the adjustment would preserve the current 100 percent

penetration of ethanol RFG in the Chicago and Milwaukee areas.  Therefore, no emission

increases associated with the mixture of ethanol and non-ethanol blends of gasoline in

automobile gasoline tanks would occur in the rule scenario.  Since the presence of ethanol causes

an increase in the volatility of gasoline (as measured by Reid Vapor Pressure or RVP), such

commingling in automobile gas tanks would contribute to an increase in VOC emissions in the

no-rule scenario.

       When ethanol is mixed with gasoline, a non-linear increase in RVP occurs.  For example,

if gasoline with an RVP of 8.0 psi is mixed with non-denatured ethanol (which alone has an RVP

of 2.4 psi) in a 90 percent gasoline/10 percent ethanol mixture, the RVP of the resulting mixture

is approximately 9.1 psi, a 1.1 psi RVP increase.5 Because of this RVP boost associated with

ethanol blending, a blendstock with a sufficiently low RVP must be used to achieve the desired

RVP in the ethanol-blended gasoline.

       An RVP boost will also occur when ethanol-blended gasoline is mixed with non-

oxygenated or ether-oxygenated gasoline.  For example, the RVP of a mixture containing equal

volumes of a 7 psi ethanol-oxygenated RFG blend and a 7 psi non-oxygenated RFG blend would
       5       SAE paper 940765, "In-Use Volatility Impact of Commingling Ethanol and Non-Etnanol Fuels"
             Peter J. Caffrey and Paul A. Machiele, US EPA.

                                           22

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be greater than 7 psi.  When an ethanol-oxygenated gasoline is mixed with an MTBE-

oxygenated gasoline the resulting increase in RVP is somewhat smaller than it is when an

ethanol-oxygenated gasoline is mixed with a non-oxygenated gasoline. Mixing of ethanol-

oxygenated gasoline with other gasoline is called commingling and the associated RVP boost is

called the commingling effect. While federal regulations prohibit or restrict commingling in the

distribution system, these restrictions do not apply to commingling in vehicle fuel tanks.

       Several models exist to assist in  estimating the commingling effect under differing input

assumptions about the amount of ethanol used, base RVP of the fuels,  and consumer refueling

habits. Perhaps the most important factors in predicting the commingling effect in an

ethanol/MTBE market are brand loyalty (i.e., the extent to which consumers refuel with one

brand, several brands, or many brands)6, and the market share of ethanol-blended RFG in that

market.

       EPA developed a model (SAE paper 940765; see footnote 2) that predicts emission

increases based on commingling. The California Air Resources Board developed a similar

probability model, formulated by Dr. D.M. Rocke of University of California at Davis. Both

models indicate that when "loyalty" is held constant, the commingling effect peaks at or near 50

percent ethanol  market share.  With the  EPA model, the commingling  effect peaks  at 30 to 50

percent market share, depending on the  model parameters selected Increases in the ethanol RFG
              The significance of brand loyalty in prediction of the commingling effect is the underlying assumption that
              oxygenate usage would be consistent within a given brand in a given area.  Thus a specific brand of
              oxygenated gasoline sold in a given area would be entirely ether-oxygenated or entirely ethanol-oxygenated.
              While this is generally true, we have seen some exceptions to this assumption, although extremely limited. If
              the assumption of dedicated oxygenate use per brand is not generally valid, then significant commingling
              could occur even in vehicles whose owners do not switch brands, and the emission increase associated with
              commingling would be even higher than what the models predict.
                                              23

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market share above the critical mixing point for commingling would reduce the RVP increase




that occurs from commingling.  These models also show that as loyalty decreases at a constant




market share (i.e., as consumer refueling choices become more random), the commingling effect




increases.




       The commingling effect can result in an overall increase in the RVP of the gasoline pool




ranging from 0.1 to 0.3 psi. (Such increases in RVP would be beyond the equivalent RVP




increase of 0.3 psi associated with this rule.)  Increases in the ethanol RFG market share in an




area where ethanol is already used at or above the critical percentage for commingling (e.g.,




above 50 percent market share) could reduce commingling-related emissions, however.




       Although these models may accurately predict the magnitude of the commingling effect




for a given set of input conditions, the conditions that would be specifically applicable to RFG




areas in any given area of the country outside of Chicago and Milwaukee are unknown.  Outside




Chicago and Milwaukee, it is more difficult to predict market share. However, states and state




associations expressed concern about the possibility of increased VOC emissions due to




commingling.  For example, the Northeast States for Coordinated Air Use Management pointed




out that where both MTBE- and ethanol-blended RFG are available, commingling in automobile




gasoline tanks cannot be controlled by regulation and will result in VOC increases.  The




California Air Resources Board similarly expressed concern that EPA's proposal did not address




commingling.




b. Further evaluation  of commingling in response to  comments




       For the "no rule" scenario, we assumed a 95 percent market  penetration of ethanol RFG




and 5 percent penetration of MTBE RFG. The blend not containing ethanol would then be







                                          24

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subject to a commingling RVP increase due its presence in a market along with ethanol RFG. .




The above-referenced EPA commingling model estimates an increase in RVP of 0.08 psi (0.07 to




0.09 psi) for a displacement of 5 percent of RFG using ethanol by RFG using MTBE.




       Emissions of VOC are derived from the RVP increase by using results from EPA's




MOBILE 5b model. MOBILE 5b yields emissions of VOC as a function of fuel RVP.  Estimates




of the VOC emission increases resulting from the adjustment rule were calculated for RVP levels




varying from 6.7 to 7.7 in increments of 0.1 psi for Chicago and Milwaukee.  (See Table 3.)




Using these values, we then calculated the effect of commingling for the "no-rule"  scenario, by




prorating the tonnages in Table 3.  Specifically, we calculated the VOC emission increase




associated with an RVP of 6.78 psi, which represents the baseline RVP with the additional




increase due to commingling (0.08 psi). We estimated the increase in VOC emissions associated




with an increase in RVP of 0.08 psi (i.e., an increase from 6.7 to 6.78 psi) due to commingling to




be 0.7 tons/day for Chicago and 0.17 tons/day for Milwaukee.




5. Toxics




       Comments suggest that an adjustment would result in an increase in toxics because of the




slight increase in VOC; although there is a toxics performance standard, commenters were




concerned that toxics overcompliance would be lost.




       Since the time that the VOC adjustment rule was proposed, EPA promulgated a final rule




(66 FR 17230; March 29, 2001) to prevent backsliding of air toxics. The rule establishes a




performance standard for toxics that must not exceed the average toxics performance for years




1998, 1999 and 2000 on a refinery by refinery  basis. Thus, commenters'  concerns that the VOC




adjustment would result in a diminishing of toxics overcompliance is addressed in large part by






                                          25

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the new rule which would assure that refiners maintain whatever toxics overcompliance has been




achieved based over the above mentioned three year period.  There is a possibility of additional




overcompliance in the absence of the VOC adjustment of 2 percentage points (i.e, equivalent




increase in RVP of 0.3 psi) but we believe this would have been very small.




       Given the size of the VOC adjustment, we believe that the resulting increase in VOC




emissions  will not make it noticeably more expensive to comply with the new toxics standard.




We believe that the impact of VOC emission increases on toxics performance will not  diminish




any cost benefit associated with the VOC adjustment rule.




6. Nonroad emissions




       Comments suggested that emissions from off-road vehicle would increase as a result of




the VOC adjustment. We have calculated and accounted for the emission changes associated




with both increased oxygen and the VOC adjustment for the scenario in which the rule is




implemented compared to no rule.  The results of this analysis were considered in our overall




calculation of the ratio of CO decrease to VOC increase resulting from the rule.  Inclusion of




nonroad vehicles results in a ratio greater than that for onroad vehicles only (19:1 versus 15:1).




Given the  greater uncertainty associated with predicting nonroad compared to onroad emissions




in order to ensure that VOC adjustment still preserves the air quality benefits  of the RFG




program, we relied upon the lesser ratio in establishing the adjustment level of 2.0 percentage




points (equivalent to an RVP increase of 0.3 psi).




a. Effect  of VOC adjustment on VOC nonroad  emissions




       We employed EPA's nonroad model to estimate the VOC increase which would be




attributable to an 0.3 psi adjustment by setting the fuel RVP model inputs at 6.7 and 7.0 psi. The






                                          26

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model estimated VOC emissions of 27.97 t/d and 11.9 t/d for Chicago and Milwaukee,




respectively, at 6.7 psi and estimated VOC emissions of 28.78 t/d and 12.64 t/d at 7.0 psi for




these respective areas. The difference in emissions between the varying RVP values, 0.81 t/d and




0.74 t/d for Chicago and Milwaukee, respectively, therefore provides an estimate of the VOC




emission increase which would be directly attributable to nonroad emissions for an adjustment of




0.3 psi in fuel RVP.




       For the no-rule scenario, there would be no increase in VOC because the current Phase II




VOC standard would continue to apply for ethanol RFG.




b. Commingling effect for off-road emissions




       For the rule scenario, we assumed that there will be no mixed market; hence, there would




be no commingling effect.




       For the no-rule scenario, we assumed 5 percent market displacement of ethanol with




MTBE. EPA's commingling model (section ni.H.2 above) for onroad emissions predicted an




RVP increase of 0.08 psi for a  5 percent market displacement. We then applied the predicted




onroad RVP increase (0.08 psi) for commingling to the VOC emission estimates from nonroad




engines for Chicago and Milwaukee using the results from EPA's nonroad model as described




above (Section ni.H.S.a). We estimated the difference in VOC emissions associated with the




commingling effect (0.08 psi RVP increase) to be 0.7 tons/day for Chicago and 0.19 tons/day for




Milwaukee.




c. Effect of rule on CO nonroad emissions




       We estimated the nonroad CO emissions using data for 2-cycle and 4-cycle nonroad




engines from the 1996 emission inventories. Based on a weighting  of 2 stroke and 4 stroke






                                          27

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engines, and using EPA's nonroad model, we derived a mathematical formula developed for




emissions as a function of the percent change oxygen increase (see Section ni.H.5 above).  We




calculated a decrease of 6.33 percent CO emissions for each percent increase in fuel oxygen. We




then adjusted the emissions contained in the 1996 emission inventories from 3.5 to 2.0 oxygen by




weight, using the above mathematical relationship.




      We  estimated nonroad CO emissions of 1051 t/d and 261.1 t/d at 3.5 weight percent




oxygen for  Chicago and Milwaukee, respectively. Employing the above oxygen-CO relationship




for nonroad engines, we calculated emissions of 1151 t/d and 285.9 t/d for Chicago and




Milwaukee, respectively, for the baseline of 2.0 percent by weight oxygen.  The estimated




decrease in CO emissions from nonroad engines, previously unaccounted for, is therefore 100 t/d




and 24.8 t/d, respectively.




      The no-rule scenario assumes 5  percent market displacement of ethanol RFG containing




3.5 percent by weight oxygen with MTBE RFG containing 2.0 percent by weight oxygen. In the




no-rule scenario, the 5 percent market penetration results in a reduction of the unaccounted for




CO benefit of 5.0 tons/day and 1.24 tons/day (0.05*100 t/d and 0.05*24.8t/d) for Chicago  and




Milwaukee, respectively.
                                           28

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III. EXPECTED AIR QUALITY IMPACTS (OUTSIDE MIDWEST)










       This section addresses why we are restricting the adjustment to the Chicago and




Milwaukee areas.  The reasons for restricting the adjustment to these areas is twofold:  1) the




IEPA photochemical modeling upon which the 0.3 psi equivalent RVP adjustment was selected




is representative only of the Chicago/Milwaukee areas, and cannot be extended to other areas,




and 2) a VOC adjustment outside these areas may not preserve the air quality benefits of the RFG




program, due to emissions increased associated with commingling.




       Outside Chicago and Milwaukee, it is more difficult to predict market share. For




example, New York has enacted a ban on MTBE that will take effect in 2004.  At the present




time, New Jersey has not enacted a ban on  MTBE. Assuming New York's ban is implemented




as planned, we would expect that the market share of ethanol for RFG sold in the New York




City RFG area will be 100 percent starting in 2004, however,  we don't know what it will be




between now and 2004, or the ethanol share for RFG sold in New Jersey.  Assuming a worst case




of 30 to 50 percent in those states, using the commingling procedure discussed in Section JJ.H.2




above, the increase in VOC emissions will  be approximately equivalent to an increase in the




RVP of 0.1 to 0.3 psi. In the New York City area,  at 0.3 psi, the RVP increase from




commingling could increase VOC in an amount similar to the  VOC adjustment-specifically




VOC could increase approximately 12 tons/day beyond the increase associated with the VOC






                                          29

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adjustment alone.  While we cannot say with certainty what portion of the 30 to 50 percent of the




market share might be attributable to the adjustment to the VOC performance standard, increases




in VOC from commingling would likely be exacerbated by such a rule.




       In addition to questions regarding the effect on emissions that a VOC adjustment would




have regarding its potential effect on changes in market share and current and future levels of




commingling, all these localities lack the photochemical analysis of CO and VOC ozone




formation  necessary to determine a ratio of CO to VOC emissions changes appropriate to




preserve the expected benefits of the RFG program.  We therefore believe that the rule could




cause an inappropriate level of VOC increases compared to CO emissions which could have




adverse environmental effects on ozone in areas outside of the Midwest.
                                          30

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IV.    EFFECT OF NEWER VEHICLES AND LOW SULFUR GASOLINE ON
       ADJUSTMENT VALUE
       The rationale for selecting an VOC adjustment of 2.0 percentage points is the reduction in

CO emissions associated with the oxygen level of RFG containing 10 volume percent ethanol.

Some commenters pointed out that as newer vehicles enter the vehicle fleet, advanced engine

technology may reduce baseline CO emissions, so that the decrease in such emissions from the

use of ethanol RFG could be diminished. Additionally, the Tier 2/low sulfur gasoline regulations

which will take effect in future years, could also reduce CO emissions.

       We agree with the commenters who pointed out that there might be changes in the ratio

of CO decrease to VOC increase because of new technology  and the effect of lower sulfur on CO

emissions. The change in technology in the fleet over time could also affect the level of VOC

emissions associated with a change in the VOC performance standard for RFG.  Comments did

not provide specific data to support a termination of or changes to the adjustment at any

particular time. We will continue to  evaluate the potential impact of new technology and low

sulfur gasoline on the CO benefits associated with oxygen in gasoline as well as the performance

of the vehicle and the resulting ratios of CO decrease to VOC increase.
                                          31

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V. OTHER COMMENTS
A. Applicability of adjustment to ethanol RFG at less than 10 volume percent




       Some commenters objected to the adjustment not applying to RFG that might contain




less than 10 volume percent ethanol and suggested that lower adjustment levels apply, based on




the amount of ethanol. We understand that in areas outside Chicago and Milwaukee, refiners




may choose to blend less than 10 volume percent ethanol in RFG due to the supply and cost.




This point has become less of an issue since we are restricting the applicability of the adjustment




to the Chicago and Milwaukee areas, in which 10 volume percent is the prevailing amount of




ethanol in RFG. Notwithstanding the restriction of the adjustment to these areas, introducing




variable adjustment levels that correspond to different levels of ethanol in RFG would be




difficult to implement and enforce.




B. Stranded cost of investments to comply with Phase II RFG




       Some of the refiners who commented expressed concern that the proposed change in the




VOC  standard represents a change in the RFG II requirements that refiners relied upon when




making their investment decision. As such, refiners who fully invested to maintain RFG




production levels would not be able to benefit from the relaxation to as great an extent as refiners




who did not invest as fully since a portion of their costs for the new equipment would be




"stranded".






                                          32

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       We believe that the rule will not represent stranded costs for refiners.  The purpose of the




adjustment is to provide refiners with greater flexibility in producing RBOB.  The adjustment of




the VOC standard by 2.0 percentage points would reduce the cost of making Phase n RFG by




approximately 21 percent.  As such, the reduction in costs associated with this greater flexibility




should enhance the opportunity for refiners to recover that portion of their investment that might




be stranded.
                                           33

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Table 1:

VOC emission increases and ratios of CO decrease to VOC increases for Chicago and Milwaukee as a function of RVP

Increases in Chicago based on Mobile Runs

                                             67 ......... | .......... II .............. i ......... II ............ 1 ............. 7 ................ i ........... 7V1 ......................... JJ ........................ 73 ............... 1 ........ JA_ ........... | .......... 7J5 .............. ] ......... T& ............ i ........... 77 ..............
                                [[[ 5JOO ....... t ................. Oil ............. Illl .............. pot ........... TpIT ....... JOI ............... MMI ...... lOpI ........... IIITl ........ OTpl ............ 47lT
                                            _  ..  gyyg-j   45^53-1  14^81    g-gg-.-  g-^g-.    4~89|   3~gg|    3~3gj   2;89]    253'


Increases in Milwaukee based on Mobile Runs

  JRVflpsi) [[[ 67 ........ | ........... O ............... | ........ Ill ............ i ............. 7 ................. | ........... 7VJ .......................... 73. ....................... 73 ............... I ........ TA ............ ! .......... TJ| .............. i ........ 7J| ............ i ........... 77 ............... '
                                [[[ CMJO ....... ! .................... (Til .............     l ............. CTPI .................. Til ..................    ..................... IIF] ............. Off ................. 374J ............. -Oil ................. 4J9T
  RFG: Rati^ofCO/VOC? ....... ~^_ [[[ n/a ............. [ ....................                           ............... Q2Q .....................                    ................ 2~88i .................... Z52

  3                    The VOC emissions were calculated by first generating emission factors using the MobileSb model. In running Mobile 5b, default
                      values for vehicle mix and I/M programs were used. The Mobile model can be run in a conventional gasoline mode or RFC mode. In
                      the RFC mode, the model automatically assumes that the oxygen content is 2.0 weight percent and RVP cannot be varied. In order to
                      represent RFC with an oxygen content of 3.5 weight percent, for varying RVP values, Mobile was run in conventional gas mode, with
                      oxygen content set at 3.5 weight percent, varying the RVP from 6.7 to 7.7  by increments of 0. 1 psi. We then ran Mobile in RFC mode
                      and compared the exhaust VOC emissions with those from Mobile in conventional gasoline mode. In conventional gasoline mode,
                      Mobile yields 0.919 g/mi exhaust VOC; in RFC mode it yields 0.878.  The difference, 0.041, was subtracted from the total VOC
                      emissions from the Mobile runs assuming 3.5 weight percent oxygen to yield total VOC reflecting exhaust VOC associated with RFC
                      and evaporative VOC reflecting varying RVP values.

  b                    To calculate tons/day emissions, the VOC emission factors in grams per mile (g/mi) were multiplied by the average summer day
                      Vehicle Miles Traveled (VMT) for Chicago and Milwaukee, which were 1.58x 108 and 1.67 x 107, respectively.  To convert to tons/day,
                      the product was multiplied by (lb/454 g) x (ton/2000 Ib). This yielded total emissions for each RVP level. To calculate increases, the
                      emissions at the 6.7 psi level were subtracted from the emissions for each RVP  level.

  c                    The ratio of CO/VOC was calculated by dividing the reduction in CO for each location by the respective VOC increase for each  of the

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Table 2:
                 VOC emission reductions calculated by the Complex Model as a function of RVP
 RVP(psi)                       6.7     6.8     6.9    7.0      7.1      7.2      7.3      7.4     7.5     7.6     7.7
 VOC emission reduction3         -27.4   -26.7   -26.0  -25.3    -24.5    -23.7    -22.9    -22.0   -21.0   -20.1    -19.0
 Difference from Phase 11 VOC     0       0.7     1.4    2.1      2.9      3.7      4.6      5.4     6.4     7.4     8.4
 standard"
 Incremental RVP increase (psi)    0.0     0.1     0.2    0.3      0.4      0.5      0.6      0.7     0.8     0.9     1.0
             Calculated using the Complex Model, holding all parameters except RVP constant. The constant parameters are: Ethanol (wt%
             oxygen): 3.5; MTBE: 0; TAME: 0; Sulfur (ppm): 150; E200(%): 46.9; E300(%): 83.3; Aromatics (vol%): 25.4; Olefins (vol%): 11.1,
             Benzene (vol%) 0.8.
             The Phase II standard for VOC is 27.4% emission reduction for northern areas.
                                                          35

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Table 3: Comparison of emissions with and without the rule in Chicago and Milwaukee



CO
voc
EMISSIONS (TONS/DAY)
CHICAGO
Rule
-219
8.7
No-rule
-209
0.93
Change due to rule
-10
7.8
MILWAUKEE
Rule
-54
2.6
No-rule
-51
0.4
Change
-3
2.2
                                                          36

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Table 4: Detailed breakdown of emissions with and without the rule in Chicago and Milwaukee



EMISSIONS (TONS/DAY)
CHICAGO
Rule
No-rule
Change due to
rule
MILWAUKEE
Rule
No-rule
Change due to
rule
CO Emissions3
Onroad
Nonroad
Total
-119
-100
-219
-114
-95
-209
-5
-5
-10
-29
-25
-54
-28
-23
-51
-1
-2
-3
VOC Emissions
Adjustment effect
on onroad vehicles
Adjustment effect
on nonroad engines
Commingling-
onroad
Commingling-
nonroad
Total
8.00
0.81
0.0
0.0
8.7
0.0
0.0
0.7
0.21
0.93
8.00
0.81
-0.7
-0.21
7.8
1.94
0.74
0.0
0.0
2.6
0.0
0.0
0.17
0.19
0.4
1.94
0.74
-0.17
-0.19
2.2
            Represents decreases in CO emissions that were unaccounted for when the RFG program started in
            1995 and oxygen levels in these areas increased from 2.0 to 3.5 weight percent. For the no-rule
            scenario, the unaccounted for decreases in CO are adjusted by that portion of the fuel market (5
            percent) which would use MTBE and for which oxygen levels would decrease from 3.5 to 2.0 weight
            percent.
                                                37

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