Amendments Related to: Tier 3 Motor Vehicle Emission and Fuel Standards, Nonroad Engine and Equipment Programs, and MARPOL Annex VI Implementation

Amendments Related to: Tier 3 Motor Vehicle Emission and Fuel Standards, Nonroad Engine and Equipment Programs, and MARPOL Annex VI Implementation

Amendments Related to: Tier 3 Motor Vehicle Emission and Fuel Standards, Nonroad Engine and Equipment Programs, and MARPOL Annex VI Implementation

Gina McCarthy
Environmental Protection Agency
February 19, 2015

[Federal Register Volume 80, Number 33 (Thursday, February 19, 2015)]
[Proposed Rules]
[Pages 8826-8838]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02845]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 59, 80, 85, 86, 600, 1037, 1043, 1051, 1054, 1060,
1065, and 1066

[EPA-HQ-OAR-2011-0135; FRL 9922-32-OAR]
RIN 2060-AS36

Amendments Related to: Tier 3 Motor Vehicle Emission and Fuel
Standards, Nonroad Engine and Equipment Programs, and MARPOL Annex VI
Implementation

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing this
action on several amendments involving technical clarifications for
different mobile source regulations. First, we are making a variety of
corrections to the Tier 3 motor vehicle emission and fuel standards.
These changes generally correct or clarify various provisions from the
Tier 3 rule without expanding the Tier 3 program or otherwise making
substantive changes. Second, we are revising the test procedures and
compliance provisions for nonroad spark-ignition engines at or below 19
kW (and for the corresponding nonroad equipment) to conform to current
practices. The changes to evaporative emission test procedures also
apply to some degree to other types of nonroad equipment powered by
volatile liquid fuels. Third, we are addressing an ambiguity regarding
permissible design approaches for portable fuel containers meeting
evaporative emission standards. Fourth, we are revising the regulations
to more carefully align with current requirements that apply to marine
vessels with diesel engines as specified under MARPOL Annex VI. Fifth,
we are correcting typographical errors in

[[Page 8827]]

regulatory changes finalized in the Voluntary Quality Assurance Program
rulemaking.
In the ``Rules and Regulations'' section of this Federal Register,
we are taking direct final action without a prior proposed rule. If we
receive no adverse comment, we will not take further action on this
proposed rule.

DATES: Comments: Written comments must be received by April 6, 2015.
Public Hearing: If anyone contacts EPA requesting to speak at a
public hearing by February 24, 2015, a public hearing will be held in
Ann Arbor, Michigan on March 6, 2015. Inquire about arrangements for a
public hearing as described in ``FOR FURTHER INFORMATION CONTACT''.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2011-0135, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: A-and-R-Docket@epamail.epa.gov.
Fax: (202) 566-9744
Mail: Air and Radiation Docket and Information Center,
Environmental Protection Agency, Mailcode: 28221T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460.
Hand Delivery: EPA Docket Center, EPA WJC West Building,
Room 3334, 1301 Constitution Ave. NW., Washington, DC 20460. 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 No. EPA-HQ-OAR-
2011-0135. EPA's policy is that all comments received 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 email. The
www.regulations.gov Web 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 email comment
directly to EPA without going through www.regulations.gov your email
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
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm. For additional
instructions on submitting comments, see the SUPPLEMENTARY INFORMATION
section of this document.
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 and Radiation Docket
and Information Center, EPA/DC, EPA WJC West, Room 3334, 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 legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the Air Docket is (202) 566-
1742.

FOR FURTHER INFORMATION CONTACT: Alan Stout, Office of Transportation
and Air Quality, Assessment and Standards Division (ASD), Environmental
Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105;
Telephone number: (734) 214-4805; stout.alan@epa.gov.

SUPPLEMENTARY INFORMATION:

Why is EPA issuing this proposed rule?

This document proposes to take action on: (1) General corrections
and clarifications to various provisions from the Tier 3 motor vehicle
emission and fuel standards rule, (2) revisions to the test procedures
and compliance provisions for nonroad spark-ignition engines and
equipment at or below 19 kW, (3) addressing an ambiguity regarding
permissible design approaches for portable fuel containers meeting
evaporative emission standards, and (4) revisions to the regulations to
more carefully align with MARPOL Annex VI requirements.
We have published a direct final rule in the ``Rules and
Regulations'' section of this Federal Register because we view this as
a noncontroversial action and anticipate no adverse comment. We have
explained our reasons for this action in the preamble to the direct
final rule; that document also includes draft regulations detailing all
the amendments under consideration. The regulatory text from the direct
final rule applies equally to this proposed rule and is not reproduced
as part of this document.
If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment, we will publish a
timely withdrawal in the Federal Register informing the public that
this rule, or the relevant provisions of this rule, will not take
effect. We would address all public comments in any subsequent final
rule based on this proposed rule.
We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information, please see the information provided in the
ADDRESSES section of this document.

Does this action apply to me?

Entities potentially affected by this proposal include gasoline
refiners and importers, ethanol producers, ethanol denaturant
producers, butane and pentane producers, gasoline additive
manufacturers, transmix processors, terminals and fuel distributors,
light-duty vehicle manufacturers, manufacturers of nonroad engines and
equipment, manufacturers of marine compression-ignition engines, and
owners and operators of ocean-going vessels and other commercial ships,
and manufacturers of portable fuel containers.
Potentially regulated categories include:

------------------------------------------------------------------------
Examples of potentially
Category NAICS \a\ Code affected entities
------------------------------------------------------------------------
Industry.................... 324110......... Petroleum refineries
(including importers)
Industry.................... 325110......... Butane and pentane
manufacturers

[[Page 8828]]

Industry.................... 325193......... Ethyl alcohol
manufacturing
Industry.................... 324110, 211112. Ethanol denaturant
manufacturers
Industry.................... 211112......... Natural gas liquids
extraction and
fractionation
Industry.................... 325199......... Other basic organic
chemical manufacturing
Industry.................... 486910......... Natural gas liquids
pipelines, refined
petroleum products
pipelines
Industry.................... 424690......... Chemical and allied
products merchant
wholesalers
Industry.................... 325199......... Manufacturers of gasoline
additives
Industry.................... 424710......... Petroleum bulk stations
and terminals
Industry.................... 493190......... Other warehousing and
storage--bulk petroleum
storage
Industry.................... 336111, 336112. Light-duty vehicle and
light-duty truck
manufacturers
Industry.................... 335312, 336312, Alternative fuel
336322, converters
336399, 811198.
Industry.................... 333618, 336120, On-highway heavy-duty
336211, 336312. engine & vehicle (>8,500
lbs GVWR) manufacturers
Industry.................... 336611......... Manufacturers of marine
vessels
Industry.................... 336612......... Manufacturers of marine
vessels
Industry.................... 811310......... Engine repair and
maintenance
Industry.................... 483............ Water transportation,
freight and passenger
Industry.................... 424710, 424720. Petroleum Bulk Stations
and Terminals; Petroleum
and Petroleum Products
Wholesalers
Industry.................... 483113......... Coastal and Great Lakes
Freight Transportation
Industry.................... 483114......... Coastal and Great Lakes
Passenger Transportation
Industry.................... 333618......... Manufacturers of new
engines
Industry.................... 333112......... Manufacturers of lawn and
garden tractors (home)
Industry.................... 811112, 811198. Commercial importers of
vehicles and vehicle
components
Industry.................... 326199, 332431. Portable fuel container
manufacturers
------------------------------------------------------------------------
\a\ North American Industry Classification System (NAICS).

This table 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 potentially be regulated by this action. Other types of
entities not listed in the table could also be regulated. To determine
whether your activities are regulated by this action, you should
carefully examine the applicability criteria in the referenced
regulations. If you have any questions regarding the applicability of
this action to a particular entity, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.

What should I consider as I prepare my comments for EPA?

A. Submitting CBI. Do not submit this information to EPA through
www.regulations.gov or email. Clearly mark the part or 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.
B. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree, suggest alternatives,
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.

Table of Contents

I. Introduction
II. Tier 3 Motor Vehicle Emission Standards
III. 40 CFR part 80 Fuel Standards
IV. Small SI Test Fuel and Bonding Provisions
V. Evaporative Test Procedures for Nonroad Equipment
VI. Portable Fuel Containers
VII. MARPOL Annex VI Implementation
VIII. Statutory and Executive Order Reviews
IX. Statutory Provisions and Legal Authority

I. Introduction

In this action we are proposing several amendments that would make
technical clarifications to different mobile source regulations. This
section provides an overview of the organization of this preamble.
Section II describes proposed amendments to the Tier 3 motor
vehicle emission standards. Section III describes proposed amendments
to the 40 CFR part 80 fuel standards: including the Tier 3 gasoline
sulfur standards, other part 80 fuels regulations that were amended in
the Tier 3 final rule, and amendments made in the Quality Assurance
Program rulemaking. Section IV describes the proposed changes to the
testing and compliance provisions for nonroad spark-ignition engines,
and Section V describes how we are proposing to change the evaporative
test procedures for nonroad equipment. Section VI describes proposed
amendments to the requirements that apply for portable fuel containers.
Section VII summarizes the proposed amendments related to our
implementation of requirements for marine diesel engines and vessels
under MARPOL Annex VI.

II. Tier 3 Motor Vehicle Emission Standards

On April 28, 2014, we published a final rule adopting new emission

[[Page 8829]]

standards and fuel requirements for motor vehicles and for motor
vehicle fuels (79 FR 23414). The final rule included Tier 3 emission
standards to reduce exhaust and evaporative emissions from light-duty
vehicles, light-duty trucks, and heavy-duty vehicles up to 14,000
pounds GVWR. In addition, the final rule specified corresponding
changes to in-use fuel requirements.
The Tier 3 motor vehicle program included extensive changes to
emission standards and the regulatory requirements related to
certification. This included several provisions to harmonize
requirements with a similar set of standards adopted by the California
Air Resources Board (California ARB). It also included a wide range of
alternative measures intended to facilitate each manufacturer's efforts
to make an orderly transition to meeting the Tier 3 standards
nationwide. The resulting Tier 3 regulations accordingly included
several variations, alternatives, and ancillary provisions. We have
learned since concluding the Tier 3 rulemaking that there are several
instances where the regulatory text implementing the Tier 3 program
requires correction or clarification to achieve the intended result.
None of the proposed amendments are intended to expand the Tier 3
program or otherwise make substantive changes. We are therefore
proposing to make the following amendments to the Tier 3 vehicle
program regulations:

------------------------------------------------------------------------
Regulatory citation Description
------------------------------------------------------------------------
Sec. 85.2108............... Remove section to reflect a recent change
to Clean Air Act section 207.
Sec. 86.101, Sec. Adjust the procedures for determining
1066.301, and Sec. road-load parameters to more carefully
1066.305. align with current practice, including
the option for manufacturers to use
alternate methodologies that are
consistent with the reference procedure,
subject to good engineering judgment and
EPA confirmatory testing. We are also
restoring provisions describing how to
develop road-load parameters for cold
testing; the provisions from Sec.
86.229 were inadvertently replaced with
a default instruction to use the same
values for both FTP testing and cold
testing. We are also changing
terminology from ``coastdown'' to ``road-
load determination'' for consistency.
Sec. Sec. 86.095-35 and Revise the labeling requirement for
1037.135. incomplete heavy-duty vehicles to
require designation of maximum fuel tank
capacity only in cases where the
certifying manufacturer relies on a
downstream manufacturer to design and
install the vehicle's fuel tanks. If the
certifying manufacturer designs or
installs the fuel tank, there is no need
for the emission control information
label to identify the appropriate fuel
tank capacity.
Sec. Sec. 86.101 and Clarify that reporting drive-cycle
86.1844-01. metrics to confirm driver accuracy
continue to be optional until vehicles
are subject to Tier 3 emission
standards, and revise terminology for
consistency with 40 CFR 1066.425.
Sec. 86.101................ Clarify that manufacturers may continue
to certify in 2022 and later model years
based on carryover of emission data
generated using the procedures from 40
CFR part 86, subpart B, even though we
require new testing in that time frame
to use the procedures in 40 CFR part
1066.
Sec. 86.113................ Revise the format of the volatility
specification to rely primarily on psi
units and secondarily on kPa units. The
kPa figures for non-evaporative testing
also need to be corrected to align with
the specified psi units. These changes
align with the test fuel specifications
that were in place before the Tier 3
rule. We are also revising the table
format for octane specifications to
clarify that the both ASTM D2699 and
ASTM D2700 apply for determining octane
values and octane sensitivity values.
Sec. 86.201................ Clarify how the migration to testing
under 40 CFR part 1066 works for cold
temperature testing. This is analogous
to the migration provisions for general
testing in Sec. 86.101.
Sec. 86.213................ Revise the specified tolerance for olefin
concentration in the test fuel from
0.5 percent to 5.0 percent. This reverses an
inadvertent change made in the Tier 3
final rule. We are also revising the
table format for octane specifications
to clarify that both ASTM D2699 and ASTM
D2700 apply for determining octane
values and octane sensitivity values.
Sec. 86.513................ Correct a typographical error for the 90%
point in the distillation curve for
gasoline test fuel. This was erroneously
published as part of the Tier 3 rule
with an extra ``1'' before the specified
temperature of 148.9 [deg]C. This change
restores the temperature specification
to what applied before we adopted the
Tier 3 rule.
Sec. 86.513-2004........... Remove obsolete section. Fuel
specifications for motorcycles are now
addressed in Sec. 86.513 (with no
model year designation), so the 2004
section is removed to avoid confusion.
Sec. 86.1801-12............ Clarify how the requirements of subpart S
relate to the engine and vehicle
provisions in 40 CFR part 1036 and part
1037.
Sec. 86.1803-01............ Revise the definition of ``averaging
set'' to apply to all vehicles, not only
heavy-duty vehicles.
Sec. Sec. 86.1805-17 and Address provisions for LDV above 6,000
86.1811-17. pounds GVWR. A new paragraph describes
how these vehicles are subject to the
same transitional provisions that apply
for LDV at or below 6,000 pounds GVWR.
We are also clarifying useful life
provisions for LDV above 6,000 pounds
GVWR. We described the useful life
provisions based on a simple cutpoint of
6,000 pounds GVWR, which doesn't address
a small number of LDV models that have
higher GVWR values. Instead of changing
the useful life values adopted for cold
temperature emission standards, we are
using the terms LDV and LLDT to
characterize the vehicles that are
subject to a useful life of 10 years or
120,000 miles. We are also clarifying
that MDPVs are the only HDVs subject to
standards under Sec. 86.1818.
Sec. 86.1806-17............ Correct the citation to California ARB's
OBD regulations to refer to the entire
range of relevant OBD standards.
Sec. 86.1810-01............ Clarify that the provisions for
determining NMOG from measured NMHC
values also apply for Tier 2 vehicles,
as specified in Sec. 1066.635, except
that manufacturers may continue to use a
fixed adjustment factor of 1.04.
Sec. 86.1810-17............ Clarify that the provisions for testing
flexible fuel vehicles on more than just
gasoline or diesel fuel do not apply for
greenhouse gas standards.
Sec. 86.1811-17(b)(8)...... Clarify how to calculate and use credits
for manufacturers that certify some
vehicles to a useful life of 120,000
miles and other vehicles to a useful
life of 150,000 miles. The main point of
clarification is that vehicles certified
to the shorter useful life on an interim
basis may exchange emission credits with
vehicles certified to either useful
life, but the fleet-average standard for
a given set of vehicles must correspond
to the averaging set. We are also
listing the emission standards that
correspond to a 120,000 mile useful life
rather than describing how to calculate
those standards.
Sec. 86.1811-17(b)(8)...... Add a provision that Interim Tier 3
vehicles must continue to meet the 4000-
mile SFTP standards for NMHC+NOx and CO
from Tier 2. This requirement was
included in the preamble text for the
proposed rule and the final rule, but
was inadvertently omitted from the
regulatory text.

[[Page 8830]]

Sec. 86.1811-17(b)(10)..... Clarify provisions related to early
credits: (1) Early credits may be used
interchangeably (without adjustment) for
vehicles certified to a useful life of
either 120,000 miles or 150,000 miles.
(2) Accumulated early credits should be
used for demonstrating compliance with
model year 2017 standards before doing
the calculations to address
proportionality relative to California
emission credits. (3) Negative credits
are subtracted from credit totals during
the three-year period for calculating
credit caps (rather than ignoring them).
(4) The calculation for applying the cap/
threshold relative to California credits
must be corrected to use the proper
baseline quantity.
Sec. 86.1811-17(b)(11)..... Clarify provisions related to early
certification to Tier 3 standards: (1)
Bin 70 and cleaner vehicles are
considered Tier 3 vehicles on a
voluntary basis and are therefore
subject to the 150,000 mile useful life.
(2) The transitional aspects of the Tier
3 program apply equally to vehicles
certified early to the Tier 3 standards.
Sec. 86.1811-17(g)......... Revise the cold temperature testing
specifications to clarify that CO and
NMHC standards apply equally for
certification and in-use testing, for
low and high altitude, and for testing
gasoline-only configurations of flexible-
fuel vehicles.
Sec. 86.1813-17............ Clarify that no separate fleet-average
calculation is required for
demonstrating compliance with high-
altitude evaporative emission standards.
These standards are determined as bin
values relative to the standard that
applies for testing at low-altitude
conditions.
Sec. 86.1829-15............ Adjust the refueling test waiver to state
that it applies only for incomplete
heavy-duty vehicles above 10,000 pounds
GVWR, and for complete heavy-duty
vehicles above 10,000 pounds GVWR with
fuel tanks greater than 35 gallons,
consistent with the preamble discussion
in the final rule. These vehicles are
the only ones that are newly subject to
refueling emission standards. All
smaller vehicles have already been
subject to testing and certification
requirements.
Sec. 86.1829-15............ Add a paragraph to preserve the
provisions related to measurement of N2O
emissions as originally adopted at Sec.
86.1829-01(b)(2)(iii)(G).
Sec. 86.1829-15............ Revise terminology to refer to
``durability groups'' rather than
``durability data groups'' for PM
testing.
Sec. 86.1844-01............ Specify that a manufacturer's application
for certification must include a
description of leak families in addition
to evaporative/refueling families. Since
leak families are defined broadly, many
manufacturers may have only a single
leak family even if they have multiple
evaporative/refueling families.
Sec. 86.1845-01............ Clarify that the PM measurement
instructions are limited to vehicles
subject to Tier 3 PM standards, as
discussed in the final rule.
Sec. 86.1846-01............ Adjust the exclusion of high-mileage
vehicles to the terminology changes to
Sec. 86.1845-05. This change aligns
with the current practice of not
including the results from testing the
designated high-mileage vehicle at low
altitude for making an IUVP
determination for the test group.
Sec. 86.1861-17............ Clarify that the separate averaging set
corresponding to 120,000 mile useful
life applies only for NMOG+NOx emission
standards.
Sec. Sec. 600.116-12 and Clarify that certain portions of SAE
1066.501. J1711 apply separately for charge-
depleting and charge-sustaining
operation for hybrid-electric vehicles.
Sec. 600.117............... Adjust the description to more clearly
apply the interim allowance for using
Tier 2 fuel to determine whether
vehicles pass the ``litmus test'' for
using derived 5-cycle testing for fuel
economy, as described further below.
Sec. 600.117............... Revise the description for test fuels to
clarify that cold testing may be done
with the higher-volatility fuel
specified in Sec. 86.213, and that the
requirement for using a common test fuel
related to 5-cycle testing refers to the
ethanol content of the fuel, not the
whole range of test fuel specifications.
Sec. 1037.103.............. Refer to Sec. 86.1805 for useful life
values as they apply for evaporative
emission standards, rather than
referring more broadly to useful life
values in 40 CFR part 86 for ``criteria
pollutants''.
Sec. 1037.104.............. Refer to the useful life values specified
in Sec. 86.1805 for model year 2014
vehicles for the HD GHG standards. This
sets the useful life values for the HD
GHG standards to a fixed value, rather
than specifying a cross reference to a
section of the regulations that
describes changing useful life values.
Sec. Sec. 1065.10 and Allow for a one-year lead time for
1066.10. upgrading to test procedure changes in
40 CFR part 86 where those changes would
otherwise be required immediately with
the effective date of the final rule.
This is consistent with existing
provisions for changes to 40 CFR part
1065 and part 1066. Note that this does
not delay implementation of procedures
corresponding to new emission standards.
Sec. 1065.610.............. Correct a sample calculation.
Sec. 1065.710.............. Correct the units for specifying
hydrocarbon composition. These units
were inadvertently changed in the Tier 3
rule from fractional to percent values.
We are specifying these values in volume
% to align with the associated ASTM
procedure.
Sec. 1065.710.............. Revise the format of the volatility
specification to include reference
values in psi units.
Sec. 1066.125.............. Correct the description of calculating 1
Hz mean values.
Sec. 1066.125.............. Add a parenthetical reference to torque
in pound-foot units corresponding to the
primary value in Newtons.
Sec. 1066.420.............. Clarify that it is permissible to push
the test vehicle onto the dynamometer to
prepare for a hot-start or hot-
stabilized test, as opposed to driving
the vehicle onto the dynamometer.
Sec. 1066.605.............. Revise the sequence of calculations to
determine a NOx result. The proper
sequence is to first correct for
background concentration, then to
correct for intake air humidity.
Sec. 1066.615.............. Correct the equations to properly apply
the NOx humidity correction factor to
account for humidity in the background
measurement.
Sec. 1066.635.............. Clarify that the appropriate NMOG
calculation for plug-in hybrid electric
vehicles is based on operation over one
full UDDS.
Sec. 1066.701.............. Correct a temperature that was
inadvertently identified as 20 [deg]C
instead of 20 [deg]F.
Sec. 1066.710.............. Clarify the instructions for heat
settings during cold testing to more
carefully differentiate between
automatic systems that operate either in
manual mode or in automatic mode.
Automatic systems operating in manual
mode should be set to a temperature of
72 [deg]F ``or higher'' to align with
current practice.
Sec. 1066.801.............. Correct an error in the testing flowchart
so that the flowchart matches the
procedure described in the regulations.
Sec. 1066.815.............. Reorganize the instructions for testing
with and without bag 4 to improve the
clarity of the test sequence.
Sec. 1066.831.............. Revise the description for testing heavy-
duty vehicles at adjusted loaded vehicle
weight to exclude MDPVs, which are
tested like light-duty trucks.
Sec. 1066.835.............. Add a provision allowing for keeping the
vehicle-cooling fan running while the
vehicle is stopped if that is necessary
for keeping ambient conditions within
specified parameters.

[[Page 8831]]

Sec. 1066.845.............. Adjust the description of air
conditioning settings during the AC17
test to describe how to account for
systems with separate rear controls, and
for systems that change default settings
at key-off.
Sec. 1066.1005............. Move the prefix ``n'' to be in the proper
order.
Various...................... Change from ``LA-92'' to ``Hot-LA-92'' to
allow us to specify that the referenced
test procedure is only the first 1435
seconds of what is known as the LA-92
driving schedule. The full cycle is 1735
seconds. This change is necessary to
accomplish the intended alignment with
the California ARB standards.
------------------------------------------------------------------------

We are also proposing various corrections for typographical errors
and regulatory cross references. Note that one of these corrections is
in the regulations for recreational vehicles at 40 CFR 1051.501 to
maintain a proper cross reference to the driving schedules in Appendix
I of 40 CFR part 86. We are also correcting a typographical error from
Sec. 86.529-98 that was published several years ago. The specified
range of loaded vehicle masses corresponding to certain road-load force
coefficients and inertia weights has an entry that should be listed as
applying from 656 to 665 kg; the published entry mistakenly identifies
the range as 565 to 665 kg.
One additional issue relates to test fuel for fuel economy testing.
In the Tier 3 final rule, EPA changed the certification test fuel for
the Tier 3 exhaust emission standards from a 9 psi RVP fuel with no
ethanol (E0) (commonly referred to as Tier 2 fuel) to a 9 psi RVP fuel
with 10 percent ethanol (E10). As an interim provision, EPA permitted
vehicles certifying at levels above Bin 70 to use E0 fuel for Tier 3
certification through model year 2019. The rule also permits early
certification to Tier 3 requirements using 7 psi RVP E10 test fuel,
commonly referred to as LEV III fuel since the California LEV III
program phase-in begins with model year 2015. The rule also provides
manufacturers the option to use EPA 9RVP E0 fuel or 9RVP E10 fuel for
certification for cold temperature testing since California does not
specify a test fuel for that testing.
Under the fuel economy regulations, manufacturers use the results
of their exhaust emission tests as the basis for calculating litmus
test evaluations (see 40 CFR 600.115-11). However, in the Tier 3 rule
EPA did not change the fuel economy test fuel specifications from E0 to
E10 as was done for Tier 3 exhaust emissions. The preamble to the final
rule recognized that the difference in the emission and fuel economy
test fuels has the potential to require extra emission testing for the
fuel economy evaluations. To minimize this burden, EPA included several
provisions in the regulations to minimize this potential burden (see 40
CFR 600.117) and indicated a commitment to make any appropriate
adjustments to the fuel economy regulations to accommodate the change
to an E10 test fuel when the needed emission data become available.
As is discussed in the final rule (79 FR 23531-23533, April 28,
2014), central to the litmus test evaluation is the requirement that
data be available for all five emission test cycles and that the data
be generated using the same test fuel on each cycle. Some confusion has
arisen as to what cold FTP test fuel should be used in the litmus
evaluations for early Tier 3 certifications using LEV III test fuel and
for Tier 3 certification above Bin 70 before model year 2020. This
occurs because California ARB does not specify a cold FTP test fuel
and, as a transitional measure, EPA permits certification to Tier 3 Bin
125 and Bin 160 using Tier 2 fuel. This proposed amendment clarifies
that the fuel economy test fuel requirements govern for the litmus test
evaluations. As indicated in the preamble to the final rule at 79 FR
23533, manufacturers may use LEV III fuel (California Phase 3) in lieu
of Tier 3 fuel, but any cold FTP testing must be done using the Tier 3
cold FTP fuel. Thus, for purposes of the litmus test cold temperature
testing, manufacturers must use the same test fuel (E10) as used for
the other four cycles. For early Tier 3 certifications using LEV III
test fuel, the cold FTP test data must be generated using Tier 3 cold
FTP test fuel and in the case of the higher bins in the Tier 3 program
as discussed above, the cold FTP must be based on the same fuel as used
for the other four test cycles. The flexibility afforded for exhaust
emission certification does not carry over to the litmus test
evaluations.

III. 40 CFR Part 80 Fuel Standards

After promulgation of the Tier 3 final rulemaking (79 FR 23414,
April 28, 2014), we discovered some typographical errors and other
areas in the part 80 regulations that we believe would benefit from
some additional clarity. The following sections discuss proposed
amendments to remedy these concerns.

A. Performance-Based Measurement Systems (PBMS)

------------------------------------------------------------------------
Section Description of proposed change
------------------------------------------------------------------------
Sec. 80.8(e)(1)(iii)....... Amended to update IBR to most recent ASTM
standard practice D5842-14 (Standard
Practice for Sampling and Handling for
Fuels for Volatility Measurement,
approved January 15, 2014).
Sec. 80.46(d).............. Amended to clarify that distillation
precision criterion is based on the
reproducibility of Table 10 Groups 2, 3
and 4 (Automated Method) contained in
ASTM D86-07--clarifying note added to
state that precision estimates in ASTM
D86-12 do not apply.
Sec. 80.46(b)(1), (c)(2), Amended to clarify beginning January 1,
(d), (e), (f)(1), and (g)(1). 2016 a test method approved under Sec.
80.47 ``must'' be used, rather than
``may'' be used, by the regulated
community for demonstrating compliance
measurements to EPA fuels standards.
Sec. 80.47(a)(7)........... Amended to correct typographical error
(``referee'' to ``reference'').
Sec. 80.47(b)(1), (c)(1), Amended to correct typographical error
(d)(1), (e)(1), (f)(1), (``emissions'' to ``omissions''); and to
(g)(1), (h)(1), (i)(1), add the statement ``tests may be
(j)(1). arranged into no fewer than five batches
of four or fewer tests each, with only
one such batch allowed per day over the
minimum of 20 days''.
Sec. 80.47(c)(1), Amended to correct the examples listed
(c)(2)(i), (c)(2)(ii). for precision and accuracy demonstration
for sulfur in butane to be consistent
with the sulfur in gasoline 10 ppm
average.
Sec. 80.47(h)(1)........... Amended to: correct typographical errors;
clarify that distillation precision
criterion is based on the
reproducibility of Table 10 Groups 2, 3
and 4 (Automated Method) contained in
ASTM D86-07 (clarifying note added
stating that precision estimates in D86-
12 do not apply); and revise IBR of D86
to the 2007 version.
Sec. 80.47(i)(1)........... Revised benzene precision criteria to
0.15 times R, rather than 0.3 times R to
be consistent with preamble discussion.

[[Page 8832]]

Sec. 80.47(l).............. Amended to revise section heading and add
paragraphs (l)(1)(ii) and (l)(2)(ii) to
allow for Non-Voluntary Consensus
Standard Based (non-VCSB) absolute fuel
parameter of sulfur in gasoline and
butane. Also clarifying that either a
``test facility or VCSB'' must meet the
requirements of Sec. 80.47(l).
Sec. 80.47(m)(6)........... Amended to correct reference for the use
of the term ``cross-method
reproducibility'' in ASTM D6708 from
``as required'' to ``as recommended''
and replaced the term ``cross-method
reproducibility'' with ``between methods
reproducibility'' to be consistent with
D6708-13.
Sec. 80.47(n)(2)(i), Amended to correct references to D6299-13
(o)(2)(i), (p)(3)(i). with regards to use of a quality control
material (paragraph 3.2.3 changed to
3.2.8), I Chart (section 7 changed to
section 8) and MR charts (section A1.5.2
changed to A1.5.4).
Sec. 80.47(n)(2)(ii), Amended to correct references to D6299-13
(o)(2)(ii), (p)(3)(ii). with regards to use of an I Chart
(changed section 7 to section 8.7).
Sec. 80.47(n)(2)(iv), Amended to move the phrase ``The expanded
(o)(2)(iv), (p)(2)(iv); and uncertainty of the accepted reference
(n)(1)(ii), (o)(1)(ii), value of consensus named fuels shall
(p)(1)(ii). have the following accuracy
qualification criterion: Accuracy
qualification criterion = square root
[(0.75R)[supcaret]2+(0.75R)[supcaret]2/
L], where L = the number of single
results obtained from different labs
used to calculate the consensus ARV.''
from paragraphs (n)(2)(iv), (o)(2)(iv),
(p)(2)(iv) to paragraphs (n)(1)(ii),
(o)(1)(ii), (p)(1)(ii), respectively.
Sec. 80.47(o)(1)........... Amended to clarify value of ARV when not
provided in an Inter Laboratory
Crosscheck Program, by adding the
following: ``Facilities using a VCSB
alternative method defined test method
must use the Accepted Reference Value of
the check standard as determined in a
VCSB Inter Laboratory Crosscheck Program
(ILCP) or a commercially available ILCP
following the guidelines of ASTM D6299.
If the Accepted Reference Value is not
provided in the ILCP, accuracy must be
assessed based upon the respective EPA
designated test method using appropriate
production samples.''
Sec. 80.47(o)(1)........... Amended to clarify that ILCPs are
acceptable, by adding the following:
``(Examples of ILCP: ASTM Reformulated
Gasoline ILCP or ASTM motor gasoline
ILCP)''.
Sec. 80.47(p)(1)........... Amended to clarify value of ARV when not
provided in ILCP, by adding the
following: ``Facilities using a Non-VCSB
alternative method defined test method
must use the Accepted Reference Value of
the check standard as determined in
either a VCSB Inter Laboratory
Crosscheck Program (ILCP) or a
commercially available ILCP following
the guidelines of ASTM D6299. If the
Accepted Reference Value is not provided
in the ILCP, accuracy must be assessed
based upon the respective EPA designated
test method using appropriate production
samples.''
Sec. 80.47(p)(1)........... Amended to address concern that
reproducibility is not established with
Non-VCSB test methods, by adding the
following: ``The facility must construct
``MR'' and ``I'' charts with control
lines as described in section 8.4 and
appropriate Annex sections of this
standard practice. In circumstances
where the absolute difference between
the mean of multiple back-to-back tests
of the standard reference material and
the accepted reference value of the
standard reference material is greater
than 0.75 times the published
reproducibility of the fuel parameter's
respective designated test method must
be investigated by the facility.''
Sec. 80.47(r)(1)(i)........ Amended to revise IBR of ASTM D86 to the
2007 version.
Sec. 80.330(b)(1)(i), Amended to update IBR to most recent ASTM
(b)(1)(ii), (b)(2). standard practice D5842-14 (Standard
Practice for Sampling and Handling for
Fuels for Volatility Measurement,
approved January 15, 2014), and for
consistency with IBR language throughout
subpart O.
Sec. 80.584(a)(1) through Amended to correct inconsistencies with
(a)(3). PBMS in Sec. 80.47 regarding
requirements for PBMS for sulfur in
diesel fuel and ECA Marine Fuel at Sec.
80.584 with regards to frequency of
testing for the precision demonstration
and VCSB self-qualification starting
January 1, 2016.
Sec. 80.584(a)(1) through Amended to insert phrase ``(tests may be
(a)(3). arranged into no fewer than five batches
of four or fewer tests each, with only
one such batch allowed per day over the
minimum of 20 days)'' in applicable
areas for diesel and ECA marine fuel to
be consistent with frequency of testing
for precision demonstration at Sec.
80.47.
Sec. 80.585(a)............. Amended to revise diesel and ECA marine
fuel sulfur qualification regulations to
be consistent with PBMS (i.e., starting
January 1, 2016), VCSB test methods self-
qualify and need not be reported to the
Agency for approval.
Sec. 80.585(a), (e)(1), Amended to correct inconsistencies with
(e)(4), (f). PBMS in Sec. 80.47 regarding
requirements for PBMS for sulfur in
diesel fuel and ECA marine fuel at Sec.
80.584 with regards to frequency of
testing for the precision demonstration
and VCSB self-qualification starting
January 1, 2016; and to add a new
paragraph (f) for IBR.
Sec. 80.585(e)(1), (e)(2), Amended to update IBR and reference for
(e)(4), (f). use on ASTM D6299-13 in applicable
diesel and ECA marine fuel sulfur
regulations to be consistent with
reference of use of ASTM D6299-13 in
PBMS regulations at Sec. 80.47, and to
make minor formatting changes for IBR
consistency throughout part 80.
------------------------------------------------------------------------

B. Quality Assurance Program Amendments

This action also proposes minor technical amendments to regulatory
changes finalized in the Voluntary Quality Assurance Program Rulemaking
(``QAP Rule'', 79 FR 42078, July 18, 2014). We are proposing to revise
Sec. 80.1471(d)(1) to reflect a change that industry widely requested
and the public supported. In the final rulemaking we agreed to extend
the notification period by an auditor for potentially invalid RINs from
``within the next business day'' to ``within five business days.'' We
inadvertently neglected to change this reference in Sec. 80.1471(d)(1)
to the new ``within five business days'' language.
In the Notice of Proposed Rulemaking for the QAP Rule, we proposed
a new section at Sec. 80.1433 that would have changed the way parties
that redesignated renewable fuels for non-qualifying uses would have to
retire RINs, and we proposed new product transfer document (PTD)
language at Sec. 80.1453(a)(12) to help convey the requirement to
separate and/or retire RINs for parties that wished to redesignate
renewable fuel for a non-qualifying use. After careful consideration of
the public comments received, we chose not to finalize the proposed
Sec. 80.1433 requirements. This action proposes to remove the
extraneous reference to Sec. 80.1433 in Sec. 80.1453.
Additionally, we are proposing to amend the PTD requirements at
Sec. 80.1453(a) to make the scope of these requirements consistent
with similar requirements in other fuels programs. When we altered the
scope of the PTD requirements at Sec. 80.1453 to include both neat and
blended renewable fuels, we did not intend to expand the scope of these
PTD requirements to convey the

[[Page 8833]]

information at Sec. 80.1453 to the consumer of such fuels, in most
cases. In the preamble to the final QAP Rule, we noted that these
requirements were meant to apply to regulated parties (79 FR 42105,
July 18, 2014).
Historically, EPA has required applicable information on PTDs
accompanying fuels to be conveyed through to retail stations and
wholesale purchaser-consumers. The EPA has, in most cases, included
language that exempts parties that are transferring title or custody of
fuel to the ultimate consumer (e.g., the PTD requirements for
detergents at Sec. 80.158 and for E15 at Sec. 80.1503) or dispensing
the fuel from a retail station or wholesale purchaser-consumer's tank
to a motor vehicle or nonroad engine (e.g., the PTD requirements for
diesel and gasoline sulfur at Sec. Sec. 80.590 and 80.1651,
respectively). Requiring PTD language to convey information all the way
down to consumers fueling at a retail station or homes receiving
heating oil has little benefit to the effectiveness of EPA's fuels
programs and could be quite costly for retail stations and home heating
oil distributors. Therefore, we are proposing to add an exemption to
the PTD requirements for renewable fuels dispensed into motor vehicles
and nonroad vehicles, engines, and equipment (to include jet engines
and home heating units) to clarify the scope of Sec. 80.1453.

------------------------------------------------------------------------
Section Description
------------------------------------------------------------------------
80.1426(c)(7)..................... Amended to correct typographical
error (``Sec.
80.1451(b)(1)(ii)(T)(3)'' to ``Sec.
80.1451(b)(1)(ii)(T)(2)'').
80.1453(a) introductory text...... Amended for clarity in scope of
requirements.
80.1453(a)(12) introductory text.. Amended to remove extraneous
reference to 80.1433.
80.1471(d)........................ Amended to add to ``within five
business days'', consistent with
the intent stated in the QAP rule
preamble.
------------------------------------------------------------------------

C. Tier 3 Rulemaking Provisions Minor Technical Amendments

As mentioned above, this rule proposes to correct minor
typographical errors that were discovered following the promulgation of
the Tier 3 final rule (both within 40 CFR part 80, subpart O, as well
as additional 40 CFR part 80 provisions that were finalized as part of
our regulatory streamlining efforts in the Tier 3 rulemaking). The
following table contains a list of these proposed amendments and a
description of the proposed change:

------------------------------------------------------------------------
Section Description of proposed change
------------------------------------------------------------------------
Sec. 80.2(cccc)................. Removed new definition of natural
gas, as this definition already
exists at Sec. 80.2(tt).
Sec. 80.75(a)(2)(xi)(G)......... Amended to correct reference from
``Sec. 80.82(c) or (d)'' to
``Sec. 80.86(a)(3) or (a)(4)''.
Sec. 80.82(e)(1)................ Amended to clarify that the
provisions of an EPA-approved State
Implementation Plan (SIP) apply to
butane blenders.
Sec. 80.85(a)................... Amended introductory text to correct
typographical errors (``refinery''
to ``refiner'').
Sec. 80.85(i)................... Amended to correct typographical
errors (``they'' to ``it'',
``comply'' to complies'').
Sec. 80.86(b)(2)(iv) and Amended to correct typographical
(b)(3)(iii). errors (``complaint'' to
``compliant'').
Sec. 80.86(c)................... Amended to clarify that the PTD for
pentane used by pentane blenders
must contain the pentane producer
or importer company name and
facility registration number issued
by EPA and the name and address of
the transferor and transferee
consistent with other part 80 PTD
requirements.
Sec. Sec. 80.315(b)(1)(iii), The Tier 3 rulemaking changed the
80.1295(b)(1)(ii). due date for annual reports and
credits from the end of February to
March 31 for all 40 CFR part 80
fuels programs; these paragraphs
are being amended because the
February date was inadvertently
left in Sec. Sec.
80.315(b)(1)(iii) and
80.1295(b)(1)(ii).
Sec. 80.330(c)(1), (d)(2)....... Amended to correct year (``December
31, 20'' to ``December 31, 2015'').
Sec. 80.597(d)(3)............... Amended to correct reference from
paragraph (d) to paragraph (d)(3).
Sec. 80.1270(b)(2).............. Amended to clarify that butane
blenders using the provisions of
Sec. 80.82 and pentane blenders
using the provisions of Sec.
80.85 may not generate benzene
credits.
Sec. 80.1609(a)................. Amended to correct typographical
error and to correct a regulatory
cite.
Sec. 80.1611(a)(1).............. Amended to improve the clarity in
cases where producers of certified
ethanol denaturants produce product
to a lower sulfur maximum than the
required 300 ppm maximum.
Sec. 80.1611(c) introductory Amended for improved clarity and to
text, (c)(1), and (c)(2). correct typographical errors.
Sec. 80.1611(d)................. Amended to correct typographical
error (``denaturant'' instead of
``oxygenate'').
Sec. 80.1613(a)................. Amended to correct typographical
error (``less than 1.0'' replaces
``1.0 or less'').
Sec. 80.1613(b)(3).............. Added to clarify that it is a
violation to exceed an additive
manufacturer's recommended
treatment level when doing so would
contribute more than 3 ppm to the
sulfur content of the resulting
finished gasoline.
Sec. 80.1615(d)(1), (d)(2)...... Revised for clarity by moving the
phrase ``From January 1, 2017
through December 31, 2019'' to the
beginning of each paragraph.
Sec. 80.1616(a)(4).............. Amended to add a ``Reserved''
paragraph (a)(4) to fix numbering
error.
Sec. 80.1616(b)(2).............. Amended language to clarify that
credits expire on December 31 and
are reported the following March
31.
Sec. 80.1620(d)................. Revised to correct year to 2012.
Sec. 80.1620(e)(1), (e)(2), Revised to correct dates to 2013.
(f)(1).
Sec. 80.1621(c), (d)............ Reserved paragraph (c); added
paragraph (d), which was
inadvertently deleted from the
regulations, but is referred to in
the preamble and in Sec.
80.1622(e).
Sec. 80.1640(a)(2).............. Amended to correct reference from
paragraph (a)(5) to paragraph
(a)(1).
Sec. 80.1642(c)(3).............. Amended paragraph to correct
typographical errors.
Sec. 80.1650.................... Amended to remove phrase ``whichever
is earlier'' from paragraphs
specifying the dates by which
reports must be submitted, as this
would contradict the ability of
parties to register after the
initial date that parties involved
in a given activity must be
registered.
Sec. 80.1652(c)................. Amended to correct word error
(``producer'' instead of
``refiner'').
Sec. 80.1667(c)(1).............. Removed paragraph (c)(1) to match
the intentions of Sec. 80.1615(a)
that refiners--including gasoline
blenders (excluding those specified
in Sec. 80.1615(a)(3))--may
generate Tier 3 credits beginning
in 2014.
------------------------------------------------------------------------

[[Page 8834]]

IV. Small SI Test Fuel and Bonding Provisions

On June 17, 2013, EPA modified the test procedures for measuring
exhaust emissions from land-based nonroad small spark-ignition engines
(small SI engines) to allow for exhaust emission certification testing
with a test fuel that has 10 percent ethanol as specified by California
ARB (78 FR 36370). We adopted that provision on an interim basis,
through model year 2019, with the expectation that we would further
evaluate the appropriate test fuel for onroad and nonroad applications.
The Tier 3 motor vehicle emission standards include a new certification
test fuel specification that is much like California ARB's Phase 3 test
fuel in that it includes 10 percent ethanol (E10).
Small SI manufacturers have requested that we address the test fuel
questions in a way that does not leave them uncertain about
certification test fuel options starting in model year 2020. While the
effort to adopt the new EPA nonroad test fuel specification lies ahead,
we agree with the manufacturers that the new ethanol-based test fuel
associated with the Tier 3 motor vehicle emission standards allows us
to take the step of removing the expiration of the provision allowing
for the use of the similar California ARB Phase 3 test fuel for small
SI engines. In the future, we expect to go through a rulemaking to
incorporate EPA's Tier 3 test fuel into the emission programs for small
spark-ignition engines, including an assessment of how the changing
test fuel relates to the stringency of the emission standards.
When we adopted Phase 3 exhaust emission standards for Small SI
engines in 2008, we included a new set of requirements for
manufacturers to post a bond as a means of ensuring compliance with
regulatory requirements (73 FR 59034, October 8, 2008). Manufacturers
have been complying with the bond requirements since 2010. The bond
provisions are generally working as expected, but we have found several
items that we are proposing to adjust or clarify to help with ongoing
implementation, as follows:
Clarify that bonds are intended to cover any improperly
funded compliance obligations relative only to engines that must comply
with 40 CFR part 1054. The bond provisions are not intended to extend
to engines that a manufacturer certifies under other EPA programs.
Specify that small-volume engine manufacturers and small-
volume equipment manufacturers (collectively small-volume
manufacturers, as defined in 40 CFR 1054.801) are subject to an
alternate minimum bond value of $25,000, rather than the $500,000
minimum that applies for other manufacturers. This arrangement has been
the working policy under the broader allowance specified in Sec.
1054.635(d). Codifying these terms allows us to streamline the process
and remove uncertainty for small-volume manufacturers.
Adopt a cap on the bond value that corresponds to the
applicable bond-waiver threshold. Since U.S.-based assets are roughly
analogous to bond values as a measure of our ability to compel
compliance (or remedy deficiencies) for the different kinds of
companies, this approach provides a measure of parity or fairness
between those that must post bond and those that qualify for a bond
waiver based on their assets in the United States. This is consistent
with the approach we took on an interim basis to specify a maximum bond
value of $10 million. The new provision replaces the $10 million cap in
Sec. 1054.145(o).
Clarify how bond values may change within a given year,
and in future years: (1) Bond values may be adjusted for a given year
any time before the first importation or sale for that year; (2) once a
bond value is fixed for a given year, that value may not be decreased
during the year, even if sales volumes are less than anticipated; and
(3) bond values may be reset with each new year, but these values must
reflect actual sales volumes for the preceding three years. This
arrangement allows a manufacturer to take a deliberate approach to
resetting bond values if sales volumes change substantially over time.
Change the protocol for adjusting thresholds and bond
values for inflation. Small, annual changes create confusion and an
implementation burden, with very small incremental benefit. To
streamline that process and still account for the cumulative effects of
inflation, we are specifying that we will adjust the thresholds and
bond values in 2020, and every ten years after that, using a less
precise rounding protocol. These changes will not require rulemaking to
take effect, but we will likely modify the regulation to reflect these
periodic adjustments.

V. Evaporative Test Procedures for Nonroad Equipment

We specify evaporative emission standards, test procedures, and
certification requirements in 40 CFR part 1060. This includes
measurement procedures for fuel permeation through fuel lines and fuel
tanks, and for diurnal emissions from fuel tanks. We are proposing the
following changes to these regulations:
Clarify that boat builders and other equipment
manufacturers that install uncertified components are required to
certify those fuel-system components as if they were component
manufacturers. The original regulatory language described a requirement
for equipment manufacturers to certify as equipment manufacturers if
they were installing uncertified components, but we have found that the
certification process is most straightforward if we treat them as
component manufacturers.
The test procedures originally allowed for manufacturers
to use good engineering judgment to address technical concerns related
to measuring emissions from narrow-diameter fuel lines. In 2013, SAE
published a voluntary consensus standard (SAE J2996) specifying
measurement procedures for these narrow-diameter fuel lines. We agree
that the SAE standard reflects good engineering judgment in the effort
to measure emissions and are therefore incorporating this standard by
reference in Sec. 1060.515. This alternative SAE standard was designed
for Small SI products, but it may be used in other applications as
well; note, however, that U.S. Coast Guard requires measurements based
on SAE J1527 in some cases. We are including the following
clarifications and adjustments related to the specified SAE standards
for all fuel-line permeation testing: (1) The test requires emission
sampling over a 14-day period; (2) Two days of non-testing per week are
allowed to accommodate weekend work schedules; (3) To remove any
ambiguity from the published SAE standards, we are stating in our
regulations that testing must occur at 23 2 [deg]C; and
(4) The final test result is based on a simple arithmetic average of
measured emission values over the 14-day sampling period. These changes
allow for internal consistency, and generally align with the procedures
adopted by California ARB. To the extent that there are remaining
differences, manufacturers may ask for approval to use different
procedures under Sec. 1060.505(c)(2) or (c)(3).
Correct a typographical error in the kPa pressure value
for preconditioning fuel tanks for a permeation measurement. The psi
value in the regulation is correct.
Correct the sample calculation for determining an emission
result from a diurnal emission test.
Adjust the procedure to account for buoyancy effects in
tank permeation measurements by replacing the

[[Page 8835]]

requirement to use two identical tanks with a requirement to use a
second tank that has a total volume that is within 5 percent of the
test tank's total volume. This will allow manufacturers and test labs
to rely on a smaller number of stock fuel tanks to make the necessary
but minor corrections that result from fluctuating atmospheric
pressure.
Adjust and clarify diurnal test procedures: (1) Add a
specification for in-tank thermocouples for tracking fuel temperature
for testing marine fuel tanks; (2) Replace the hourly profile of fuel
temperatures with clearer specification about tracking test fuel
temperature from a specified starting point to a specified (calculated)
endpoint. The vapor generation should be nearly constant between test
runs as long as fuel temperature continues to increase from the low
temperature to the high temperature; (3) Standardize the procedure for
purging the evaporative canister to prepare for testing based on a
simulation of the in-use experience; this is based on engine purge for
land-based applications, and on passive (ambient) purge for marine
applications. This canister preconditioning is a necessary step to
establish a known starting point for designing a system that meets the
diurnal emission standard; and (4) Include temperature tolerance bands
for the diurnal temperature cycle. Note that we are not proposing or
requesting comment on changing the test procedure for marine fuel tanks
to base the temperature profile on ambient temperatures instead of fuel
temperatures.
Establish a gravimetric test method for determining mass
of emissions for tanks with a diurnal emission standard of at least 2.0
grams of hydrocarbon. Emission test procedures involving an emission
standard of less than 2.0 grams of hydrocarbon need the more accurate
measurements available from using a flame ionization detector (FID)
within a sealed enclosure.

VI. Portable Fuel Containers

On February 26, 2007, EPA adopted a set of requirements to reduce
emissions from portable fuel containers (PFC) at 40 CFR part 59,
subpart F (72 FR 8533). EPA review of PFC designs and discussions with
PFC manufacturers suggest that the manufacturers may have read the
provisions of 40 CFR 59, subpart F, too narrowly and that their
interpretations may have unnecessarily constrained some design
approaches that may have otherwise allowed for improved in-use
performance and consumer satisfaction. EPA did not intend to impact
manufacturer design approaches beyond those deemed by the manufacturer
as necessary to meet the emission control requirements as otherwise
specified in 40 CFR part 59, and is including language in this rule to
clarify regulatory requirements that apply to PFCs. Specifically, the
revised regulation states that it is allowable for manufacturers to
design PFCs with vents to relieve pressure, provided that the venting
device is in place during emission testing, and provided that the
venting device closes automatically when not in use.
The proposed modifications to 40 CFR 59, subpart F, do not change
the regulatory requirements with regard to emission standards and test
procedures, but better define some elements of design and clarify how
various approaches would be considered in testing. Upon seeing these
modifications to the regulations, PFC manufacturers may elect to pursue
design approaches they deem appropriate, which they may have thought
were not available to them previously.

VII. MARPOL Annex VI Implementation

The Act to Prevent Pollution from Ships (APPS) implements the
provisions of the International Convention for the Prevention of
Pollution from Ships (MARPOL) Annex VI for the United States (33 U.S.C.
1901-1912). EPA adopted regulations in 2010 to summarize these
requirements and to describe engine certification procedures and other
relevant provisions as specified in APPS (75 FR 22896, April 30, 2010).
MARPOL Annex VI has been amended since issuance of that Federal
Register notice to include designation of the North American ECA and
the U.S. Caribbean Sea ECA and various other changes. We are proposing
to amend 40 CFR part 1043 in this rulemaking to align the regulations
with the amendments of MARPOL Annex VI to facilitate stakeholder
compliance, and to correct certain technical errors.
First, the most fundamental step in the proposed updates to 40 CFR
part 1043 is to cite the 2013 publication of MARPOL Annex VI and the
further amendments concluded at MEPC 66 in April 2014 (see 40 CFR
1043.100). Likewise, MARPOL Annex VI was recently amended to waive the
fuel-sulfur requirements for certain steamships until January 1, 2020.
Part 1043 already includes such a waiver for steamships operating in
the Great Lakes. We are proposing to codify the additional temporary
steamship exemption in Sec. 1043.97. Note that covered steamships
would be required to comply with the relevant sulfur limits when the
exemption expires on January 1, 2020.
Second, we inadvertently adopted regulatory language in 40 CFR part
1043 that differs from the language of Annex VI. For example, we
originally adopted the provisions in 40 CFR part 1043 with an erroneous
date, stating that the 0.10% fuel-sulfur standard applies starting
January 1, 2016, which should be January 1, 2015. The Annex VI
specification is enforceable with or without this correction in 40 CFR
part 1043, but we are proposing this change to avoid any possible
confusion. We also identified the NOX standards based on an
engine's model year; this should identify the applicability of
NOX standards based on the build date of new vessels, or on
the date of major modifications in other circumstances. We are
proposing to correct these errors in part 1043.
Third, we are proposing the addition of clarifying language
relating to public vessels. MARPOL Annex VI exempts public vessels from
engine standards and fuel requirements. Public vessels are defined as
``warships, naval auxiliary vessels, and other vessels owned or
operated by a sovereign country when engaged in noncommercial
service.'' We want to clarify that any vessel that has a national
security exemption (for engines or fuel) is automatically considered a
public vessel.
Fourth, we are proposing to clarify regulatory provisions to
address whether or how emission credits apply for EPA certificates and
EIAPP certificates. Engine manufacturers are interested in getting an
EPA certificate under 40 CFR part 1042 and an EIAPP certificate under
40 CFR part 1043 for the same engine. This would allow them maximum
flexibility in selling engines to boat builders for installation in
vessels used in domestic or international service. Certification to EPA
standards under 40 CFR part 1042 allows manufacturers to use emission
credits to make some engines with emission levels that are above the
specified standard. MARPOL Annex VI and 40 CFR part 1043 do not have
such an allowance. We are proposing to modify the regulation to clarify
that an engine may not be covered by both an EPA certificate and an
EIAPP certificate if its certification under 40 CFR part 1042 depends
on using emission credits to allow for an emission level above the
specified standard. If an engine has emission levels below the
specified standard and it is used to generate emission credits under 40
CFR part 1042, this would not disqualify an

[[Page 8836]]

engine from also getting an EIAPP certificate under 40 CFR part 1043.
Lastly, we are making clarifying edits to the fuels regulations
under 40 CFR part 80 for MARPOL Annex VI implementation; the table
below lists these edits. While some of these edits are purely
corrections to typographical errors, we are also making edits to
clarify the treatment of fuels under MARPOL Annex VI, Regulation 3 and
Regulation 4. Regulation 3 authorizes trial programs that involve a
permit allowing a ship operator to use fuel that exceeds the fuel-
sulfur standards that would otherwise apply. Regulation 4 allows for
flag states to approve the use of high-sulfur fuel for vessels that are
equipped with technology that allows for an equivalent level of
control. Specifically, we are amending the definition of ``ECA marine
fuel'' at 40 CFR 80.2(ttt) to clarify that vessels with Regulation 3
permits or Regulation 4 equivalencies can in fact use fuel that exceeds
the ECA marine fuel sulfur standard. Further, to provide producers,
distributors, and marketers of fuel for use under a Regulation 3 permit
or a Regulation 4 equivalency the ability to denote such fuel on their
PTDs, we are amending 40 CFR 80.590 to provide these parties with
express PTD statements that may be used in lieu of the statements that
are currently in the regulations.

MARPOL Annex VI--Related Amendments to 40 CFR Part 80, Subpart I
------------------------------------------------------------------------
Section Description of change
------------------------------------------------------------------------
Sec. 80.2(ttt).................. Amended the definition of ECA marine
fuel to clarify that fuel allowed
by MARPOL Annex VI Regulation 3
permits or Regulation 4
equivalencies under 40 CFR part
1043 is not required to meet the
ECA marine fuel requirements.
80.510 section heading............ Amending to clarify that this
section applies to refiners and
importers.
80.510(k) and 80.511(b)(9)........ Amending to clarify that fuel
allowed by Regulation 3 permits or
Regulation 4 equivalencies is not
required to meet the ECA marine
fuel requirements.
Sec. 80.574(b).................. Amended to update the address for
submitting ECA marine fuel
alternative label requests.
Sec. 80.590(b).................. Amended to allow for PTD statements
for use with fuel permitted for use
under MARPOL Annex VI Regulation 3,
Regulation 4, or both.
Sec. 80.607 (a), (c), (d), (f).. Amended to remove references to ECA
marine fuel, as research and
development permits are separate
from Regulation 3 permits under 40
CFR part 1043.
Sec. 80.608(d).................. Amended to correct minor
typographical errors.
------------------------------------------------------------------------

VIII. Statutory and Executive Order Reviews

Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act

This action does not impose any new information collection burden
under the PRA, since it merely clarifies and corrects existing
regulatory language. OMB has previously approved the information
collection activities contained in the existing regulations and has
assigned OMB control numbers as noted in the table below.

----------------------------------------------------------------------------------------------------------------
Regulatory citation Item OMB Control No.
----------------------------------------------------------------------------------------------------------------
40 CFR part 86....................... Light-duty vehicle standards. 2060-0104
40 CFR part 86....................... Heavy-duty vehicle standards. 2060-0287
40 CFR part 86....................... In-use verification program.. 2060-0086
40 CFR part 80....................... In-use fuel standards........ 2060-0437
40 CFR part 1043..................... MARPOL Annex VI.............. 2060-0641
40 CFR part 1054..................... Small SI exhaust emission 2060-0338
standards.
40 CFR part 1060..................... Nonroad SI evaporative 2060-0321, 2060-0338
emission standards.
----------------------------------------------------------------------------------------------------------------

C. Regulatory Flexibility Act (RFA)

I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. 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, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule. This rule merely clarifies and corrects
existing regulatory language. We therefore anticipate no costs and
therefore no regulatory burden associated with this rule. We have
therefore concluded that this action will have no net regulatory burden
for all directly regulated small entities.

D. Unfunded Mandates Reform Act

This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments. Requirements for the private sector do not
exceed $100 million in any one year.

E. Executive Order 13132: Federalism

This action 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.

[[Page 8837]]

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

This action does not have tribal implications as specified in
Executive Order 13175. This rule merely corrects and clarifies
regulatory provisions. Tribal governments would be affected only to the
extent they purchase and use regulated vehicles or engines. Thus,
Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.

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

This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer Advancement Act

This action involves technical standards. EPA has decided to use
the following voluntary consensus standards:

----------------------------------------------------------------------------------------------------------------
Organization Standard Available from
----------------------------------------------------------------------------------------------------------------
SAE International....................... SAE J2996, Small Diameter Fuel Line www.sae.org
Permeation Test Procedure, Issued
January 2013.
ASTM International...................... ASTM D86-07, Standard Test Method for www.astm.org
Distillation of Petroleum Products
at Atmospheric Pressure, approved
January 15, 2007.
ASTM International...................... ASTM standard practice D4057-12, www.astm.org
Standard Practice for Manual
Sampling of Petroleum and Petroleum
Products, approved December 1, 2012.
ASTM International...................... ASTM standard practice D4177-95 www.astm.org
(Reapproved 2010), Standard Practice
for Automatic Sampling of Petroleum
and Petroleum Products, approved May
1, 2010..
ASTM International...................... ASTM standard practice D5842-14, www.astm.org
Standard Practice for Sampling and
Handling for Fuels for Volatility
Measurement, approved January 15,
2014.
ASTM International...................... ASTM standard practice D6299-13, www.astm.org
Standard Practice for Applying
Statistical Quality Assurance and
Control Charting Techniques to
Evaluate Analytical Measurement
System Performance, approved October
1, 2013.
----------------------------------------------------------------------------------------------------------------

This action also involves technical standards for marine diesel
engines. There are no voluntary consensus documents that address these
technical standards. EPA has therefore decided to use the following
standards from the International Maritime Organization:

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

This action is not expected to have any adverse human health or
environmental impacts; as a result, the human health or environmental
risk addressed by this action will not have potential
disproportionately high and adverse human health or environmental
effects on minority, low-income or indigenous populations.

IX. Statutory Provisions and Legal Authority

Statutory authority for this action comes from 42 U.S.C. 7401-7671q
and 33 U.S.C. 1901-1912.

List of Subjects

40 CFR Part 59

Environmental protection, Air pollution control, Confidential
business information, Labeling, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

40 CFR Part 80

Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential Business Information, Diesel fuel,
Fuel additives, Gasoline, Imports, Incorporation by reference,
Labeling, Motor vehicle pollution, Penalties, Petroleum, Reporting and
recordkeeping requirements.

40 CFR Part 85

Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential Business Information, Imports,
Labeling, Motor vehicle pollution, Reporting and recordkeeping
requirements, Research, Warranties.

40 CFR Part 86

40 CFR Part 600

Environmental protection, Administrative practice and procedure,
Electric power, Fuel economy, Labeling, Reporting and recordkeeping
requirements.

40 CFR Part 1037

Environmental protection, Administrative practice and procedure,

[[Page 8838]]

Air pollution control, Confidential business information, Labeling,
Motor vehicle pollution, Reporting and recordkeeping requirements,
Warranties.

40 CFR Part 1043

Environmental protection, Administrative practice and procedure,
Air pollution control, Imports, Incorporation by reference, Vessels,
Reporting and recordkeeping requirements.

40 CFR Parts 1051 and 1054

Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Labeling, Penalties, Reporting and recordkeeping requirements,
Warranties.

40 CFR Part 1060

Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Incorporation by reference, Labeling, Penalties, Reporting and
recordkeeping requirements, Warranties.

40 CFR Parts 1065 and 1066

Environmental protection, Administrative practice and procedure,
Reporting and recordkeeping requirements, Research.

Dated: February 2, 2015.
Gina McCarthy,
Administrator.
[FR Doc. 2015-02845 Filed 2-18-15; 8:45 am]
BILLING CODE 6560-50-P