[Federal Register Volume 77, Number 115 (Thursday, June 14, 2012)]
[Notices]
[Pages 35677-35679]
[FR Doc No: 2012-14569]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2011-0894; FRL-9681-1]

Regulation of Fuel and Fuel Additives; Modification to Octamix
Waiver (TOLAD)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency has reconsidered a portion
of a fuel waiver granted to the Texas Methanol Corporation (Texas
Methanol) under the Clean Air Act on February 8, 1988. This waiver was
previously reconsidered and modified on October 28, 1988 in a Federal
Register publication titled ``Fuel and Fuel Additives; Modification of
a Fuel Waiver Granted to the Texas Methanol Corporation.'' Today's
notice approves the use of an alternative corrosion inhibitor, TOLAD
MFA-10A, in Texas Methanol's gasoline-alcohol fuel, OCTAMIX.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-HQ-OAR-2011-0894. All documents and public comments in the
docket are listed on the http://www.regulations.gov Web site.
Publically available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
the Air Docket, EPA Headquarters Library, Mail Code: 2822T, EPA West
Building, 1301 Constitution Ave. NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding holidays. The Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
facsimile number for the Air Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For information regarding this notice
contact, Joseph R. Sopata, U.S. Environmental Protection Agency, Office
of Air and Radiation, Office of Transportation and Air Quality, (202)
343-9034, fax number,<PHONE_NUMBER>, email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Section 211(f)(1) of the Clean Air Act (CAA or the Act) makes it
unlawful for any manufacturer of any fuel or fuel additive to first
introduce into commerce, or to increase the concentration in use of,
any fuel or fuel additive for use by any person in motor vehicles
manufactured after model year 1974, which is not substantially similar
to any fuel or fuel additive utilized in the certification of any model
year 1975, or subsequent model year, vehicle or engine under section
206 of the Act. The Environmental Protection Agency (EPA or the Agency)
last issued an interpretive rule on the phrase ``substantially
similar'' at 73 FR 22281 (April 25, 2008). Generally speaking, this
interpretive rule describes the types of unleaded gasoline that are
likely to be considered ``substantially similar'' to the unleaded
gasoline utilized in EPA's certification program by placing limits on a
gasoline's chemical composition as well as its physical properties,
including the amount of alcohols and ethers (oxygenates) that may be
added to gasoline. Fuels that are found to be ``substantially similar''
to EPA's certification fuels may be registered and introduced into
commerce. The current ``substantially similar'' interpretive rule for
unleaded gasoline allows no more than 2.7 percent oxygen by weight for
certain ethers and alcohols.
    Section 211(f)(4) of the Act provides that upon application of any
fuel or fuel additive manufacturer, the Administrator may waive the
prohibitions of section 211(f)(1) if the Administrator determines that
the applicant has established that the fuel or fuel additive, or a
specified concentration thereof, will not cause or contribute to a
failure of any emission control device or system (over the useful life
of the motor vehicle, motor vehicle engine, nonroad engine or nonroad
vehicle in which such device or system is used) to achieve compliance
by the vehicle or engine with the emission standards to which it has
been certified pursuant to sections 206 and 213(a) of the Act. The
statute requires that the Administrator shall take final action to
grant or deny an application after public notice and comment, within
270 days of receipt of the application.
    The Texas Methanol Corporation received a waiver under CAA section
211(f)(4) for a gasoline-alcohol fuel blend, known as OCTAMIX,\1\
provided that the resultant fuel is composed of a maximum of 3.7
percent by weight oxygen, a maximum of 5 percent by volume methanol, a
minimum of 2.5 percent by volume co-solvents \2\ and

42.7 milligrams per liter (mg/l) of Petrolite TOLAD MFA-10 corrosion
inhibitor.\3\ In the OCTAMIX waiver, the Agency invited other corrosion
inhibitor manufacturers to submit test data to establish, on a case-by-
case basis, whether their fuel additive formulations are acceptable as
alternatives to TOLAD MFA-10.\4\
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    \1\ OCTAMIX waiver decision, 53 FR 3636 (February 8, 1988).
    \2\ The co-solvents are any one or a mixture of ethanol,
propanols, butanols, pentanols, hexanols, heptanols and octanols
with the following constraints: the ethanol, propanols and butanols
or mixtures thereof must compose a minimum of 60 percent by weight
of the co-solvent mixture; a maximum limit of 40 percent by weight
of the co-solvents mixture is placed on the pentanols, hexanols,
heptanols and octanols; and the heptanols and octanols are limited
to 5 percent by weight of the co-solvent mixture.
    \3\ Additional conditions were the final fuel must meet ASTM
volatility specifications contained in ASTM D439-85a, as well as
phase separation conditions specified in ASTM D-2 Proposal P-176 and
Texas Methanol alcohol purity specifications.
    \4\ 53 FR at 3637.
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    On October 14, 2011, Baker Hughes requested EPA allow the use of
its alternative corrosion inhibitor, TOLAD\TM\ MFA-10A, in the OCTAMIX
gasoline-alcohol fuel blend which otherwise would not be allowed under
the waiver.\5\ TOLADTM MFA-10A is a fuel additive
formulation consisting of a corrosion inhibitor.
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    \5\ EPA-HQ-OAR-2011-0894-0001.
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    On January 20, 2012, EPA published a notice in the Federal Register
(77 FR 2979) announcing receipt of Baker Hughes's request and inviting
comment on it. The comment period closed on February 21, 2012. EPA
received comments from four commenters (discussed below).

II. Discussion

    One of the major areas of concern to EPA in reviewing any waiver
request is the problem of materials compatibility. Materials
compatibility data could show a potential failure of fuel systems,
emissions related parts and emission control parts from use of the fuel
or fuel additive. Any failure could result in greater emissions that
would cause or contribute to the engines or vehicles exceeding their
emissions standards. Initially, Texas Methanol requested the use of
TOLAD MFA-10 or an appropriate concentration of any other corrosion
inhibitor such that the fuel will pass the National Association of
Corrosion Engineer's TM-01-72 (NACE RUST TEST). However, EPA concluded
that compliance with the NACE Rust Test alone was not adequate in
determining suitability of a corrosion inhibitor for use under the
OCTAMIX waiver.\6\ The Agency decided, therefore, to look at corrosion
inhibitors on a case-by-case basis to establish whether each
formulation would be acceptable as an alternative to the formulation of
the original corrosion inhibitor, TOLAD MFA-10, used in the OCTAMIX
waiver.\7\
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    \6\ 53 FR at 3637.
    \7\ 53 FR at 3637.
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    In order to determine whether the OCTAMIX waiver would meet the
criteria of section 211(f) if TOLAD MFA-10A were to be used an
alternative corrosion inhibitor, EPA reviewed all data submitted with
or referenced by the Baker Hughes application. Baker Hughes provided
data showing their corrosion inhibitor, TOLAD MFA-10A, met the NACE
corrosion test.\8\ EPA also considered the information received from
the public during the public comment period. There were four public
comments submitted to the Agency in response to the notice published on
January 20, 2012. Carbon Recycling International,\9\ Methanex,\10\
Methanol Institute \11\ and TEIR Associates Incorporated \12\ submitted
comments in support of allowing TOLAD MFA-10A as an alternative
corrosion inhibitor for use in the OCTAMIX fuel. Two of these
commenters noted that the original corrosion inhibitor, TOLAD MFA-10,
had been used successfully by several refiners on a commercial basis as
an effective corrosion inhibitor. Two commenters, in addition to Baker
Hughes, stated that the active ingredients for corrosion inhibitor
efficacy are the same for both TOLAD MFA-10 and TOLAD MFA-10A, while
one commenter in addition to Baker Hughes noted that the only
difference between these two corrosion inhibitor formulations is a
solvent to improve additive handling in commerce. Three commenters
noted that the Baker Hughes' evaluation of both TOLAD MFA-10 and TOLAD
MFA-10A resulted in equivalent passing performance with regards to the
NACE corrosion test.\13\
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    \8\ NACE Standard TM-01-72.
    \9\ EPA-HQ-OAR-2011-0894-0008.
    \10\ EPA-HQ-OAR-2011-0894-0007.
    \11\ EPA-HQ-OAR-2011-0894-0005.
    \12\ EPA-HQ-OAR-2011-0894-0006.
    \13\ EPA-HQ-OAR-2011-0894-0002 and EPA-HQ-OAR-2011-0894-0003.
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    TOLAD MFA-10A is a fuel additive containing the same active
ingredients for corrosion inhibitor efficacy with OCTAMIX gasoline-
alcohol fuels as the original corrosion inhibitor approved in the
OCTAMIX waiver, TOLAD MFA-10. The only difference between TOLAD MFA-10
and TOLAD MFA-10A is a solvent formulation change to improve additive
handling in commerce. Both TOLAD MFA-10 and TOLAD MFA-10A were
evaluated under the most aggressive fuel formulation of alcohols
allowed under the OCTAMIX waiver that included only methanol at 5
volume percent and ethanol at 2.5 volume percent. The use of higher
molecular weight cosolvent alcohols, such as propanols or butanols,
would tend to be less corrosive. Both TOLAD MFA-10 and TOLAD MFA-10A
passed the NACE corrosion test with the most aggressive fuel allowed
under the OCTAMIX waiver. Since TOLAD MFA-10A passed the NACE corrosion
test using the most aggressive fuel formulation allowed under the
OCTAMIX waiver, the Agency believes that Baker Hughes has demonstrated
that TOLAD MFA-10A is an effective corrosion inhibitor for use under
the OCTAMIX waiver.
    With regard to the question of the emissions impacts of TOLAD MFA-
10A, its minimum treat rate of 25 mg/l is about 40 percent less than
TOLAD MFA-10. The chemical composition and treat rate of TOLAD MFA-10A,
which is less than 0.01 mass percent by weight, is such that it is a
fuel additive falling under the baseline gasoline fuel grouping
category \14\ under our fuel and fuel additive registration
regulations. In addition, the chemical composition and treat rate of
TOLAD MFA-10A is such that it is a fuel additive that meets our
gasoline substantially similar definition.\15\ Given that TOLAD MFA-10A
is a fuel additive that is both substantially similar to the fuel
additives used in our certification program and a fuel additive falling
under our baseline gasoline fuel category, one would not expect
significant emissions changes from the use of TOLAD MFA-10A compared to
other fuel additives that fall under the baseline gasoline fuel
category, which also includes TOLAD MFA-10 and DMA-67. Therefore, as
long as the other conditions of the OCTAMIX waiver are met, which
include applicable gasoline volatility specifications,\16\ gasoline
phase separation specifications \17\ and alcohol purity conditions,\18\
the Agency

believes the that the use of TOLAD MFA-10A in place of TOLAD MFA-10
will allow engines and vehicles to remain compliant with their
emissions standards when using fuels made as approved under the
original conditions granted for the OCTAMIX waiver.
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    \14\ See 40 CFR 79.56(e)(3)(i).
    \15\ For our most recent substantially similar gasoline
interpretative rule, please see: http://www.epa.gov/fedrgstr/EPA-AIR/2008/April/Day-25/a8944.pdf.
    \16\ See 40 CFR 80.27 for applicable volatility specifications
for conventional gasoline, or 40 CFR 80 Subpart D for reformulated
gasoline requirements, or any applicable state implementation plan
approved by EPA that includes low RVP fuel.
    \17\ See American Society for Testing and Materials (ASTM) D4814
for applicable gasoline phase separation conditions.
    \18\ Additional conditions were the final fuel must meet ASTM
volatility specifications contained in ASTM D439-85a (ASTM D4814
supercedes ASTM D439-85a), as well as phase separation conditions
specified in ASTM D-2 Proposal P-176 (ASTM D4814 supercedes ASTM D-2
Proposal P-176) and Texas Methanol alcohol purity specifications.
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III. Finding and Conclusion

    Based on the information submitted by Baker Hughes in its
application, and the additional information received during the public
comment period, I conclude that the performance of TOLAD MFA-10A in
OCTAMIX would be comparable to TOLAD MFA-10, the original corrosion
inhibitor approved under the OCTAMIX waiver. Therefore, I am modifying
condition (3) of the OCTAMIX waiver to read as follows:
    (3) Any one of the following four corrosion inhibitors must be
included:
    (a) Petrolite's corrosion inhibitor formulation, TOLAD MFA-10,
blended in the final fuel at 42.7 mg/l;
    OR
    (b) DuPont's corrosion inhibitor formulation, DMA-67, blended in
the final fuel at 31.4 mg/l;
    OR
    (c) Spirit of 21st Century LLC's corrosion inhibitor formulation,
TXCeed, blended in the final fuel at 3.9 ml/gal (987.6 mg/l);
    OR
    (d) Baker Hughes's corrosion inhibitor formulation, TOLAD MFA-10A,
blended in the final fuel at 25 mg/l.
    This action should provide additional flexibility to any
manufacturer wishing to produce the OCTAMIX blend. At the same time,
any manufacturer wishing to use a corrosion inhibitor other than the
four permitted by the OCTAMIX waiver must apply for a further
modification of the waiver. Since EPA is still unaware of any basis for
extrapolating findings in the emissions impact of one corrosion
inhibitor to other corrosion inhibitors, the Agency will continue to
examine the emissions impact of specific corrosion inhibitor
formulations on a case-by-case basis.

IV. Miscellaneous

    This waiver modification decision is final agency action of
national applicability for purposes of section 307(b)(1) of the Act.
Pursuant to CAA section 307(b)(1), judicial review of this final agency
action may be sought only in the United States Court of Appeals for the
District of Columbia Circuit. Petitions for review must be filed by
August 13, 2012. Judicial review of this final agency action may not be
obtained in subsequent proceedings, pursuant to CAA section 307(b)(2).
This action is not a rulemaking and is not subject to the various
statutory and other provisions applicable to a rulemaking.

    Dated: June 7, 2012.
Lisa P. Jackson,
Administrator.
[FR Doc. 2012-14569 Filed 6-13-12; 8:45 am]
BILLING CODE 6560-50-P