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on the catalytic converter due to the higher sulfur levels are, in many cases, reversible.
Additionally, these reduced benefits are acceptable due to the pristine air quality, the
fact that gasoline quality will not change as enforcement discretion is in place, and the
cost and difficulty of consistently acquiring Tier 2 compliant gasoline.
Key Elements of the Direct Final Rule
• This rule relieves the Territories of the burden of complying with the Tier 2
gasoline sulfur requirement. It is impractical to supply the Territories with Tier
2 compliant gasoline because they are thousands of miles away from the U.S.
mainland and they lack refining capability. The Territories currently receive the
majority of their gasoline from Singapore and Australia.
• This rule also provides related flexibilities to the Territories for complying with the
Tier 2 vehicle emission standards. Vehicles in the Territories will not likely be able
to comply with the Tier 2 vehicle emission standards if tested in-use because
gasoline with Tier 2 sulfur levels is necessary for a vehicle to meet theTier 2
standards. The flexibilities allow additional preconditioning prior to conducting
exhaust emissions tests and special on-board diagnostic (OBD) system
considerations to account for higher levels of sulfur present in the gasoline.
Background
TheTier 2 rule was published on February 10, 2000 (65 Fed. Reg. 6697) and instituted
a comprehensive regulatory program designed to significantly reduce the emissions
from new passenger cars and light trucks. These reductions provide for cleaner air and
greater public health protection, primarily by reducing ozone and particulate matter
pollution. The program treats vehicles and fuels as a system, combining requirements
for much cleaner vehicles with requirements for much lower levels of sulfur in gasoline.
The program phases in a single set of tailpipe emission standards that apply to all
passenger cars, light trucks, and larger passenger vehicles operated on any fuel. To
enable the very clean Tier 2 vehicle emission control technology to be introduced and to
maintain its effectiveness, we also require reduced gasoline sulfur levels. The reduction
in sulfur levels contributes directly to cleaner air in addition to its beneficial effects on
vehicle emission control systems. These standards currently apply to the U.S. Pacific
Island Territories-American Samoa, Guam, and C.N.M.I.. However, the Territories have
received enforcement discretion to allow gasoline with sulfur levels in excess of theTier
2 requirements to be distributed and sold.
Pursuant to Section 325(a)(1) of the Clean Air Act, the HonorableTogiolaTulafono,
Governor of American Samoa, petitioned EPA to exempt all persons in American
Samoa from theTier 2 gasoline sulfur requirements promulgated by the EPA pursuant
to Section 211(c)(1) of the Clean Air Act and set forth at 40 C.F.R. Part 80, Subpart
Tier 2 Partial Exemption for U.S. Pacific Island Territories
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H ("Gasoline Sulfur Regulations"). According to the petition, compliance with these
requirements in American Samoa is unreasonable due to the unique geographical,
meteorological and economic factors of the Territory.
Representatives of the Governors of Guam and C.N.M.I, have also filed a request for
exemption from the Tier 2 gasoline sulfur standards. These requests reference the
American Samoa petition which provides justification primarily on economic grounds.
Public Participation Opportunities
This rule is being released as a Direct Final Rule because we view it as a non-
controversial action and anticipate no adverse comment. However, comments can be
submitted under a parallel Notice of Proposed Rulemaking. Comments will be accepted
for 30 days beginning when this proposal is published in the Federal Register. All
comments should be identified by Docket No. EPA-HQ-OAR-2006-0363 and submitted
by one of the following methods:
• Internet: www.regulations.gov
• E-mail: A-and-R-Docket@epa.gov
• Mail:
U.S. Environmental Protection Agency
Air and Radiation Docket and Information Center (6102T)
1200 Pennsylvania Avenue NW
Washington, DC 20460
• Hand Delivery:
EPA West Building
EPA Docket Center (Room 3340)
1301 Constitution Avenue NW
Washington, DC
For More Information
You can access the rule and related documents on EPAs Office of Transportation and Air
Quality (OTAQ) Web site at:
www.epa.gov/tier2/amendments.htm
For further information on this Direct Final Rule, please contact Sean Hillson at:
U.S. Environmental Protection Agency
Office of Transportation and Air Quality
2000Traverwood Drive
Ann Arbor, Ml 48105
734-214-4789
E-mail: hillson.sean@epa.gov
Tier 2 Partial Exemption for U.S. Pacific Island Territories
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