United States Air and Radiation EPA420-F-02-002
Environmental Protection February2002
Agency
Office of Transportation and Air Quality
to the on
in the of
of
The Environmental Protection Agency (EPA) is withdrawing two
amendments to the Gasoline Deposit Control Additive regulations that
were included in a direct final rule published on November 5, 2001.
Specifically, this action:
withdraws the revision to 40 CFR 80.162(a)(3) (i) (B), and the
revision to 40 CFR 80.162(a)(3)(ii) regarding the allowed variability in
additive production batches which were included in a direct final rule
published on November 5, 2001.
Background
Deposits that form in gasoline-fueled motor vehicle engines and fuel
supply systems have been shown to increase emissions of harmful air
pollutants. The gasoline deposit control additive program ensures that all
gasoline used in the U.S. must contain additives that have been certified
with EPA as effective in limiting the formation of such deposits. During
certification, additive manufacturers must provide EPA with information
on additive composition. To ensure that in-use additives meet EPA
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requirements, manufacturers are required to limit variation in the compo-
sition of additive production batches from that reported during certifica-
tion.
The four amendments in the November 5, 2001, direct final rule were
made to address additive manufacturer concerns that compliance with
the existing requirements would be burdensome and difficult. These
changes were agreed upon in a Settlement Agreement which resolved a
Petition for Regulatory Review by the American Chemistry Council. We
expected that these would not adversely impact the environmental
benefits of the gasoline deposit control program. Nevertheless, we
received adverse comments on two of the four amendments in the direct
final rule stating their implementation would adversely impact the
environmental benefits of the program. The amendments on which we
received adverse comments (and are consequently withdrawn by today's
action) would have allowed additive manufacturers additional flexibility
in the composition of the components in their deposit control additive
packages that are classified as nondetergent-active. The adverse com-
ments on the withdrawn amendments will be addressed in a subsequent
final action based on the parallel proposed rule. We will not open a
second comment period.
The following two amendments that we did not receive adverse comment
on will go into effect on February 4, 2002, as provided in the direct final
rule: 40 CFR 80.162(d), and 40 CFR 80.169(c)(4)(i)(C)(2). These provi-
sions are associated with the evaluation of variability in additive produc-
tion batches using FTIR test results. The adoption of these amendments
clarifies that EPA's evaluation of additive composition will be based on
objective scientific criteria and will be focused on identifying the deter-
gent-active components in the deposit control additive package. These
amendments will not impact the environmental benefits of the gasoline
deposit control additive program.
Where to Obtain Copies of Today's Notice and
Documents
The Withdrawal Notice is available electronically on the day of publica-
tion from the Office of the Federal Register internet Web site listed
below. Prepublication electronic copies of these notices are also avail-
able from the EPA Office of Transportation and Air Quality Web site
listed below. This service is free of charge, except for any cost that you
already incur for internet connectivity.
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Federal Register Web Site:
http://www.epa.gov/docs/fedrgstr/EPA-AIR/ (Either select desired date
or use Search feature.)
Office of Transportation and Air Quality Web Site:
http://www.epa.gov/otaq/ (Look in "What's New" or under the specific
rulemaking topic.)
The Direct Final and Notice of Proposed Rulemakings are also available
at the above web sites.
The Withdrawal Notice, Direct Final Rulemaking, Notice of Proposed
Rulemaking, and Comments on the Proposed Rule are contained in
Public Docket No. A-2001-15, at: Air Docket Section, U.S. Environmen-
tal Protection Agency, First Floor, Waterside Mall, Room M-1500, 401
M Street SW., Washington, DC 20460 (Telephone 202-260-7548; Fax
202-260-4400). Dockets may be inspected from 8 a.m. until 12 noon,
and from 1:30 p.m. until 3 p.m., Monday through Friday. A reasonable
fee may be charged for copying docket materials.
Who to Contract About Today's Action
Jeffrey A. Herzog, Mechanical Engineer
United States Environmental Protection Agency
National Vehicle and Fuel Emissions Laboratory
Assessment and Standards Division
2000 Traverwood Drive
Ann Arbor, Michigan, 48105
Phone:(734)214-4227
Fax:(734)214-4816
E-Mail: herzog.jeff@epa.gov
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