or if they are represented by counsel, to the latter. In cases in which
the Assistant Secretary is a party, copies of the documents shall be
sent to the Regional Solicitor's Office representing the Assistant
Secretary.
    (b) The U.S. Coast Guard, if interested in a proceeding, may
participate as amicus curiae at any time in the proceeding, at its
discretion. At the request of the U.S. Coast Guard, copies of all
documents in a case must be sent to that agency, whether or not that
agency is participating in the proceeding.

Sec.  1986.109  Decisions and orders of the administrative law judge.

    (a) The decision of the ALJ will contain appropriate findings,
conclusions, and an order pertaining to the remedies provided in
paragraph (d) of this section, as appropriate. A determination that a
violation has occurred may be made only if the complainant has
demonstrated by a preponderance of the evidence that protected activity
was a contributing factor in the adverse action alleged in the
complaint.
    (b) If the complainant or the Assistant Secretary has satisfied the
burden set forth in the prior paragraph, relief may not be ordered if
the respondent demonstrates by clear and convincing evidence that it
would have taken the same adverse action in the absence of any
protected activity.
    (c) Neither the Assistant Secretary's determination to dismiss a
complaint without completing an investigation pursuant to Sec.
1986.104(e) nor the Assistant Secretary's determination to proceed with
an investigation is subject to review by the ALJ, and a complaint may
not be remanded for the completion of an investigation or for
additional findings on the basis that a determination to dismiss was
made in

error. Rather, if there otherwise is jurisdiction, the ALJ will hear
the case on the merits or dispose of the matter without a hearing if
the facts and circumstances warrant.
    (d)(1) If the ALJ concludes that the respondent has violated the
law, the ALJ will issue an order that will require, where appropriate:
affirmative action to abate the violation, reinstatement of the
complainant to his or her former position, with the same compensation,
terms, conditions, and privileges of the complainant's employment;
payment of compensatory damages (back pay with interest and
compensation for any special damages sustained as a result of the
retaliation, including any litigation costs, expert witness fees, and
reasonable attorney fees which the complainant may have incurred); and
payment of punitive damages up to $250,000. Interest on back pay will
be calculated using the interest rate applicable to underpayment of
taxes under 26 U.S.C. 6621 and will be compounded daily.
    (2) If the ALJ determines that the respondent has not violated the
law, an order will be issued denying the complaint.
    (e) The decision will be served upon all parties to the proceeding,
the Assistant Secretary, and the Associate Solicitor, Division of
Occupational Safety and Health, U.S. Department of Labor. Any ALJ's
decision requiring reinstatement or lifting an order of reinstatement
by the Assistant Secretary will be effective immediately upon receipt
of the decision by the respondent. All other portions of the ALJ's
order will be effective 14 days after the date of the decision unless a
timely petition for review has been filed with the ARB, U.S. Department
of Labor. The ALJ decision will become the final order of the Secretary
unless a petition for review is timely filed with the ARB and the ARB
accepts the decision for review.

Sec.  1986.110  Decisions and orders of the Administrative Review
Board.

    (a) The Assistant Secretary or any other party desiring to seek
review, including judicial review, of a decision of the ALJ must file a
written petition for review with the ARB, which has been delegated the
authority to act for the Secretary and issue final decisions under this
part. The parties should identify in their petitions for review the
legal conclusions or orders to which they object, or the objections may
be deemed waived. A petition must be filed within 14 days of the date
of the decision of the ALJ. The date of the postmark, facsimile
transmittal, or electronic communication transmittal will be considered
to be the date of filing; if the petition is filed in person, by hand-
delivery or other means, the petition is considered filed upon receipt.
The petition must be served on all parties and on the Chief
Administrative Law Judge at the time it is filed with the ARB. Copies
of the petition for review and all briefs must be served on the
Assistant Secretary and, in cases in which the Assistant Secretary is a
party, on the Associate Solicitor, Division of Occupational Safety and
Health, U.S. Department of Labor.
    (b) If a timely petition for review is filed pursuant to paragraph
(a) of this section, the decision of the ALJ will become the final
order of the Secretary unless the ARB, within 30 days of the filing of
the petition, issues an order notifying the parties that the case has
been accepted for review. If a case is accepted for review, the
decision of the ALJ will be inoperative unless and until the ARB issues
an order adopting the decision, except that any order of reinstatement
will be effective while review is conducted by the ARB unless the ARB
grants a motion by the respondent to stay that order based on
exceptional circumstances. The ARB will specify the terms under which
any briefs are to be filed. The ARB will review the factual
determinations of the ALJ under the substantial evidence standard. If
no timely petition for review is filed, or the ARB denies review, the
decision of the ALJ will become the final order of the Secretary. If no
timely petition for review is filed, the resulting final order is not
subject to judicial review.
    (c) The final decision of the ARB will be issued within 120 days of
the conclusion of the hearing, which will be deemed to be 14 days after
the date of the decision of the ALJ, unless a motion for
reconsideration has been filed with the ALJ in the interim. In such
case, the conclusion of the hearing is the date the motion for
reconsideration is ruled upon or 14 days after a new decision is
issued. The ARB's final decision will be served upon all parties and
the Chief Administrative Law Judge by mail. The final decision also
will be served on the Assistant Secretary and on the Associate
Solicitor, Division of Occupational Safety and Health, U.S. Department
of Labor, even if the Assistant Secretary is not a party.
    (d) If the ARB concludes that the respondent has violated the law,
the ARB will issue a final order providing relief to the complainant.
The final order will require, where appropriate: Affirmative action to
abate the violation; reinstatement of the complainant to his or her
former position, with the same compensation, terms, conditions, and
privileges of the complainant's employment; payment of compensatory
damages (back pay with interest and compensation for any special
damages sustained as a result of the retaliation, including any
litigation costs, expert witness fees, and reasonable attorney fees the
complainant may have incurred); and payment of punitive damages up to
$250,000. Interest on back pay will be calculated using the interest
rate applicable to underpayment of taxes under 26 U.S.C. 6621 and will
be compounded daily.
    (e) If the ARB determines that the respondent has not violated the
law, an order will be issued denying the complaint.

Subpart C--Miscellaneous Provisions

Sec.  1986.111  Withdrawal of SPA complaints, findings, objections, and
petitions for review; settlement.

    (a) At any time prior to the filing of objections to the Assistant
Secretary's findings and/or preliminary order, a complainant may
withdraw his or her complaint by notifying the Assistant Secretary,
orally or in writing, of his or her withdrawal. The Assistant Secretary
then will confirm in writing the complainant's desire to withdraw and
determine whether to approve the withdrawal. The Assistant Secretary
will notify the parties (and each party's legal counsel if the party is
represented by counsel) of the approval of any withdrawal. If the
complaint is withdrawn because of settlement, the settlement must be
submitted for approval in accordance with paragraph (d) of this
section. A complainant may not withdraw his or her complaint after the
filing of objections to the Assistant Secretary's findings and/or
preliminary order.
    (b) The Assistant Secretary may withdraw the findings and/or a
preliminary order at any time before the expiration of the 30-day
objection period described in Sec.  1986.106, provided that no
objection has been filed yet, and substitute new findings and/or a new
preliminary order. The date of the receipt of the substituted findings
or order will begin a new 30-day objection period.
    (c) At any time before the Assistant Secretary's findings and/or
preliminary order become final, a party may withdraw objections to the
Assistant Secretary's findings and/or preliminary order by filing a
written withdrawal with the ALJ. If a case is on review with the ARB, a
party may withdraw a

petition for review of an ALJ's decision at any time before that
decision becomes final by filing a written withdrawal with the ARB. The
ALJ or the ARB, as the case may be, will determine whether to approve
the withdrawal of the objections or the petition for review. If the ALJ
approves a request to withdraw objections to the Assistant Secretary's
findings and/or order, and there are no other pending objections, the
Assistant Secretary's findings and/or order will become the final order
of the Secretary. If the ARB approves a request to withdraw a petition
for review of an ALJ decision, and there are no other pending petitions
for review of that decision, the ALJ's decision will become the final
order of the Secretary. If objections or a petition for review are
withdrawn because of settlement, the settlement must be submitted for
approval in accordance with paragraph (d) of this section.
    (d)(1) Investigative settlements. At any time after the filing of a
SPA complaint and before the findings and/or order are objected to or
become a final order by operation of law, the case may be settled if
the Assistant Secretary, the complainant, and the respondent agree to a
settlement. The Assistant Secretary's approval of a settlement reached
by the respondent and the complainant demonstrates the Assistant
Secretary's consent and achieves the consent of all three parties.
    (2) Adjudicatory settlements. At any time after the filing of
objections to the Assistant Secretary's findings and/or order, the case
may be settled if the participating parties agree to a settlement and
the settlement is approved by the ALJ if the case is before the ALJ or
by the ARB, if the ARB has accepted the case for review. A copy of the
settlement will be filed with the ALJ or the ARB as the case may be.
    (e) Any settlement approved by the Assistant Secretary, the ALJ, or
the ARB will constitute the final order of the Secretary and may be
enforced in a United States district court pursuant to 49 U.S.C.
31105(e), as incorporated by 46 U.S.C. 2114(b).

Sec.  1986.112  Judicial review.

    (a) Within 60 days after the issuance of a final order under
Sec. Sec.  1986.109 and 1986.110, any person adversely affected or
aggrieved by the order may file a petition for review of the order in
the court of appeals of the United States for the circuit in which the
violation allegedly occurred or the circuit in which the complainant
resided on the date of the violation.
    (b) A final order is not subject to judicial review in any criminal
or other civil proceeding.
    (c) If a timely petition for review is filed, the record of a case,
including the record of proceedings before the ALJ, will be transmitted
by the ARB, or the ALJ, as the case may be, to the appropriate court
pursuant to the Federal Rules of Appellate Procedure and the local
rules of such court.

Sec.  1986.113  Judicial enforcement.

    Whenever any person has failed to comply with a preliminary order
of reinstatement or a final order, including one approving a settlement
agreement issued under SPA, the Secretary may file a civil action
seeking enforcement of the order in the United States district court
for the district in which the violation was found to have occurred.

Sec.  1986.114  District court jurisdiction of retaliation complaints
under SPA.

    (a) If there is no final order of the Secretary, 210 days have
passed since the filing of the complaint, and there is no showing that
there has been delay due to the bad faith of the complainant, the
complainant may bring an action at law or equity for de novo review in
the appropriate district court of the United States, which will have
jurisdiction over such an action without regard to the amount in
controversy. The action shall, at the request of either party to such
action, be tried by the court with a jury.
    (b) Within seven days after filing a complaint in federal court, a
complainant must file with the Assistant Secretary, the ALJ, or the
ARB, depending on where the proceeding is pending, a copy of the file-
stamped complaint. A copy of the complaint also must be served on the
OSHA official who issued the findings and/or preliminary order, the
Assistant Secretary, and the Associate Solicitor, Division of
Occupational Safety and Health, U.S. Department of Labor.

 Sec.  1986.115  Special circumstances; waiver of rules.

    In special circumstances not contemplated by the provisions of the
rules in this part, or for good cause shown, the ALJ or the ARB on
review may, upon application, after three days notice to all parties,
waive any rule or issue such orders as justice or the administration of
SPA requires.

[FR Doc. 2016-21758 Filed 9-14-16; 8:45 am]
 BILLING CODE 4510-26-P


From:
Tunno, Brett J<EMAIL_ADDRESS>Sent:
Thursday, January 5, 2023 1:23 PM
To:
Jones, DonnaLee<EMAIL_ADDRESS>Coke ICR2<EMAIL_ADDRESS>Cc:
Dzurinko, Mike G<EMAIL_ADDRESS>Subject:
RE: CLARIFICATION RE: [External]-RE: U. S. Steel - Coke Ovens Section 114  -  missing TO-15A data

Good afternoon Dr. Jones,

I just wanted to give you an update that the cooling tower testing for TO-15 analytes was conducted on December 27[th] and 28[th], and we are awaiting results from the lab.

Happy New Year,

Brett Tunno, DrPH, CPH
Environmental Affairs
United States Steel Corporation
Office:<PHONE_NUMBER>
Cell:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>
From: Jones, DonnaLee<EMAIL_ADDRESS>Sent: Thursday, December 15, 2022 9:17 AM
To: Tunno, Brett J<EMAIL_ADDRESS>Gary Fischman<EMAIL_ADDRESS>Cc: Dzurinko, Mike G<EMAIL_ADDRESS>GABRIELLE RAYMOND<EMAIL_ADDRESS><EMAIL_ADDRESS>Shappley, Ned<EMAIL_ADDRESS>McGinn, Kevin<EMAIL_ADDRESS>Subject: CLARIFICATION RE: [External]-RE: U. S. Steel - Coke Ovens Section 114  -  missing TO-15A data

Brett -- One more thing, just to be clear. Make sure the testers know that THC is part of the tests. We asked for both standard TCEQ Appendix P and TCEQ Appendix P with the TO-15A finish. The standard TCEQ Appendix P has a THC analyzer as a finish.

Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER>
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

Pronouns - She/Her/Hers
Salutation - Dr./Ms.

From: Jones, DonnaLee<EMAIL_ADDRESS>Sent: Wednesday, December 14, 2022 2:37 PM
To: Tunno, Brett J<EMAIL_ADDRESS>Gary Fischman<EMAIL_ADDRESS>Cc: Dzurinko, Mike G<EMAIL_ADDRESS>GABRIELLE RAYMOND<EMAIL_ADDRESS><EMAIL_ADDRESS>Shappley, Ned<EMAIL_ADDRESS>McGinn, Kevin<EMAIL_ADDRESS>Subject: RE: [External]-RE: U. S. Steel - Coke Ovens Section 114  -  missing TO-15A data

Thanks for straightening this out. We appreciate the expedited schedule very much.

Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER>
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

Pronouns - She/Her/Hers
Salutation - Dr./Ms.

From: Tunno, Brett J<EMAIL_ADDRESS>Sent: Wednesday, December 14, 2022 2:23 PM
To: Jones, DonnaLee<EMAIL_ADDRESS>Gary Fischman<EMAIL_ADDRESS>Cc: Dzurinko, Mike G<EMAIL_ADDRESS>GABRIELLE RAYMOND<EMAIL_ADDRESS><EMAIL_ADDRESS>Shappley, Ned<EMAIL_ADDRESS>McGinn, Kevin<EMAIL_ADDRESS>Subject: RE: [External]-RE: U. S. Steel - Coke Ovens Section 114  -  missing TO-15A data

Good afternoon Dr. Jones,

The stack testing company informed us today that there was a misunderstanding between them and the lab regarding the analysis.  There was some confusion between EPA Method 15, Method TO-15A, and Method TO-15, which resulted in only the Method 15 analysis being run by the lab.  The stack testing company apologized to us for the misunderstanding and will re-test the cooling tower for the TO-15 analytes the week of December 26[th].  The lab will also expedite the analysis, and we will share the results with you as soon as we receive them.

We sincerely apologize for the misunderstanding,

Brett Tunno, DrPH, CPH
Environmental Affairs
United States Steel Corporation
Office:<PHONE_NUMBER>
Cell:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>
From: Jones, DonnaLee<EMAIL_ADDRESS>Sent: Wednesday, December 14, 2022 11:47 AM
To: Tunno, Brett J<EMAIL_ADDRESS>Gary Fischman<EMAIL_ADDRESS>Cc: Dzurinko, Mike G<EMAIL_ADDRESS>GABRIELLE RAYMOND<EMAIL_ADDRESS><EMAIL_ADDRESS>Shappley, Ned<EMAIL_ADDRESS>McGinn, Kevin<EMAIL_ADDRESS>Subject: RE: [External]-RE: U. S. Steel - Coke Ovens Section 114  -  missing TO-15A data

Thank you.

Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER>
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

Pronouns - She/Her/Hers
Salutation - Dr./Ms.

From: Tunno, Brett J<EMAIL_ADDRESS>Sent: Wednesday, December 14, 2022 7:53 AM
To: Jones, DonnaLee<EMAIL_ADDRESS>Gary Fischman<EMAIL_ADDRESS>Cc: Dzurinko, Mike G<EMAIL_ADDRESS>GABRIELLE RAYMOND<EMAIL_ADDRESS><EMAIL_ADDRESS>Shappley, Ned<EMAIL_ADDRESS>McGinn, Kevin<EMAIL_ADDRESS>Subject: RE: [External]-RE: U. S. Steel - Coke Ovens Section 114  -  missing TO-15A data

Thanks Dr. Jones,

We reached out to the stack testing company, and they are currently looking into this.  We will get back to you as soon as possible.

Brett Tunno, DrPH, CPH
Environmental Affairs
United States Steel Corporation
Office:<PHONE_NUMBER>
Cell:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>
From: Jones, DonnaLee<EMAIL_ADDRESS>Sent: Tuesday, December 6, 2022 12:19 PM
To: Tunno, Brett J<EMAIL_ADDRESS>Gary Fischman<EMAIL_ADDRESS>Cc: Dzurinko, Mike G<EMAIL_ADDRESS>GABRIELLE RAYMOND<EMAIL_ADDRESS><EMAIL_ADDRESS>Shappley, Ned<EMAIL_ADDRESS>McGinn, Kevin<EMAIL_ADDRESS>Subject: [External]-RE: U. S. Steel - Coke Ovens Section 114  -  missing TO-15A data

Hi. Thanks again for your submission and the diligent efforts to help us with the attachment.

In regard to the USS Clairton submission for cooling tower inlet, we believe there are some missed analytes.

The spreadsheet/pdf has: BTEX, H2S, COS, and CS2 results. However, we don't see any TO-15A analytes, which are part of the Enc 2 request.

Can you help with this or explain?

Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER>
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

Pronouns - She/Her/Hers
Salutation - Dr./Ms.

From: Tunno, Brett J<EMAIL_ADDRESS>Sent: Monday, October 3, 2022 4:16 PM
To: Gary Fischman<EMAIL_ADDRESS>Cc: Dzurinko, Mike G<EMAIL_ADDRESS>Jones, DonnaLee<EMAIL_ADDRESS><EMAIL_ADDRESS>Subject: U. S. Steel - Coke Ovens Section 114 Request  -  Enclosure 2 Testing Notification - United States Steel Corporation  -  Clairton Plant

Dear Mr. Fischman,

On June 29, 2022, United States Steel Corporation (U. S. Steel)  -  Clairton Plant received a Clean Air Act Section 114 Information Collection Request (ICR) from EPA for information pertaining to the ongoing Pushing, Quenching, and Battery Stacks (PQBS) 40 CFR Part 63 Subpart CCCCC Risk and Technology Review (RTR) and the technology review for Coke Batteries under 40 CFR Part 63 Subpart L.

EPA requested that U. S. Steel submit a notification to the state 21 days before performing any stack tests.  Therefore, U. S. Steel is submitting this testing notification to Allegheny County Health Department (ACHD), which has been delegated regulatory authority by the Pennsylvania Department of Environmental Protection (PADEP) for sources in Allegheny County, Pennsylvania.

U. S. Steel will conduct testing of the By-Products (or "Keystone") Cooling Tower inlet water the week of October 24, 2022, for TO-15-A analytes, H2S, COS, and CS2.

Please contact myself or Mike Dzurinko at<EMAIL_ADDRESS>or<PHONE_NUMBER> if you have any questions with U. S. Steel's testing notification.

Thank you,

Brett Tunno, DrPH, CPH
Environmental Affairs
United States Steel Corporation
Office:<PHONE_NUMBER>
Cell:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>


EPA REGISTRATION DIVISION - COMPANY NOTICE OF FILING FOR PESTICIDE PETITION

EPA Registration Division (RD) Contact: Susan Lewis, Director, RD<PHONE_NUMBER>

Docket I.D. Number: EPA-HQ-OPP-2015-0390

Interregional Research Project Number 4 (IR-4)

Pesticide Petition Number: PP# 5E8363

EPA has received a pesticide petition (5E8363) from Interregional Research Project Number 4 (IR-4), IR-4 Project Headquarters, Rutgers, The State University of New Jersey, 500 College Road East, Suite 201 W, Princeton, NJ   08540 in cooperation with Gowan Company requesting, pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180 by establishing a tolerance for residues of the insecticide pyridaben [2-tert-butyl-5-(4-tert-butylbenzylthio)-4-chloropyridazin-3(2H)-one] to control various pests in or on cucumbers (greenhouse grown) at 0.5 parts per million (ppm). In addition, the petitioner proposes to amend 40 CFR 180.494 to modify existing tolerances based on new crop group definitions by establishing the following tolerances including berry, low growing, subgroup 13-07G, except cranberry at 2.5 ppm, fruit, citrus, group 10-10 at 0.5 ppm,  fruit, pome, group 11-10 at 0.75 ppm, fruit, small, vine climbing, subgroup 13-07F, except fuzzy kiwifruit at 1.5 ppm, fruit, stone, group 12-12 at 2.5 ppm and nut, tree, group 14-12 at 0.05 ppm.  Upon approval of the above tolerances, the petitioner proposes that the following currently established tolerances are deleted as they would be redundant including apple at 0.5 ppm, pear at 0.75 ppm, nut, tree, group 14 at 0.05 ppm, citrus (fruit) at 0.5 ppm, fruit, stone, group 12 at 2.5 ppm, pistachio at 0.05 ppm, grape at 1.5 ppm, and strawberry at 2.5 ppm. EPA has determined that the petition contains data or information regarding the elements set forth in section 408 (d)(2) of  FDDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data support granting of the petition. Additional data may be needed before EPA rules on the petition.

A. Residue Chemistry

	1. Plant metabolism. The nature of the residue in plants is adequately understood. The residue of concern is pyridaben per se as specified in 40 CFR 180.494.

	2. Analytical method. The proposed analytical method involves extraction, partition, clean-up and detection of residues by gas chromatography/electron capture detector (gc/ecd).

	3. Magnitude of residues. Cucumber residue trials were conducted in green houses at four locations in NAFTA regions with two foliar directed applications. The residue trials were conducted according to a split application program depending upon location for a total of four trials in four states. Residues of pyridaben were measured by gc/ecd. The method of detection had a limit of detection of 0.01192 parts per million (ppm). Residues ranged from <0.05 to 0.25 ppm, in samples taken at 1 day PHI.

B. Toxicological Profile

	1. Acute toxicity.  In general, the acute toxicology studies conducted on technical grade pyridaben demonstrate that it has moderate to mild toxic effects. It was classified as Toxicity Category III based upon the acute oral lethal dose (LD)50 of 1,100 mg/kg in male rats and 570 mg/kg in female rats. The dermal LD50 in rabbits was greater than or equal to 2,000 mg/kg and the inhalation lethal concentrations (LC)50 were 0.66 and 0.64 mg/kg in male and female rats, respectively. The eye irritation study (rabbits) produced slight ocular irritation. Pyridaben was not a dermal irritant or sensitizer.

	2. Genotoxicty. Genotoxicity studies including Ames testing, in vitro cytogenicity (chinese hamster lung cell),in vivo micronucleus assay (mouse) and DNA damage/repair (E. coli) showed no genotoxic activity associated with pyridaben.

	3. Reproductive and developmental toxicity. In a developmental toxicity study, Sprague-Dawley rats (22/group) from Charles River, U.K., received Pyridaben (98.0% pure) via gavage at dose levels of 0, 2.5, 5.7, 13.0, or 30.0 milligram kilogram day (mg/kg/day) from gestation day 6 through 15, inclusive. Maternal toxicity, observed at 13.0 and 30.0 mg/kg/day, consisted of decreased body weight/weight gain and food consumption during the dosing period. Based on these effects, the maternal toxicity lowest observed adverse effect level (LOAEL) is 13.0 mg/ kg/day and the maternal toxicity nobserved adverse effect level (NOAEL) is 4.7 mg/kg/day (82% of 5.7 mg/kg/day based on concentration analysis). The developmental toxicity NOAEL is 13.0 mg/kg/day based on observed decreased fetal body weight and increased incomplete ossification in selected bones at 30.0 mg/kg/day LOAEL.

	New Zealand white rabbits (19 or 20/group) were orally dosed with 0, 1.5, 5, or 15 mg/kg/day pyridaben from day 6 through 19 of gestation. Maternal toxicity was evidenced by a dose- dependent decrease in body weight gain and food consumption at all dose levels. There were also increased incidences of abortions and clinical signs (few feces) in the 15 mg/kg/day group. There was no evidence that the chemical had a developmental effect at any of the tested levels. The maternal NOAEL was 1.5 mg/kg/day and the Maternal LOAEL was 1.5 mg/kg/day based on decreases in body weight gain and food consumption at all dose levels. No developmental toxicity was observed at any dose level. Therefore, the NOAEL for developmental toxicity is greater than or equal to 15 mg/kg/day.
In a standard two-generation reproduction study, CD rats were administered pyridaben in the diet at doses of 0, 10, 28 or 80 ppm. The Parental/Systemic NOAEL is 28 ppm (2.20 and 2.41 mg/kg/day for males and females, respectively). The parental/ systemic LOAEL is 80 ppm (6.31 and 7.82 mg/kg/day for males and females, respectively) based on decreased body weights, body weight gains and food efficiency. There was no effect on reproductive parameters on the dose levels tested. The reproductive NOAEL is 80 ppm in males and females. The reproductive LOAEL is >80 ppm in males and females.

	4. Subchronic toxicity. In a 21 - day dermal study, rats received repeated topical applications of pyridaben (98% pure) to about 10% of the body surface area at dosages of 30, 100, 300 and 1,000 mg/kg for 21 days. The treatment produced body weight decreases in the 300 mg/kg/day females and in the 1,000 mg/kg/day males and females. The NOAEL was 100 mg/kg/day and the LOAEL was 300 mg/kg/day based on decreased body weight gain in females. The toxicology endpoints from this study were selected by the Agency for short- and intermediate-term dermal risk assessments.

A. 	5. Chronic toxicity. In a 12 - month chronic feeding study in dogs pyridaben was administered in capsules at dosages of 0, 1.0, 4.0, 16.0 or 32.0 mg/kg/day. All animals survived until the end of the study and there were no treatment-related changes in hematology, clinical chemistry, or urinalysis parameters. The NOAEL was determined to be <1.0 mg/ kg/day and the LOAEL was <1.0 mg/kg/ day based on increased incidences of clinical signs (thinness, dehydration, diarrhea, emesis, soft stool, ptyalism, and relaxed nictitans) in treatment groups of both sexes and decreased  body weight gain in females at 1.0 mg/ kg/day.
  In a follow-up study, pyridaben was administered in capsules to beagle dogs at dosages of 0 and 0.5 mg/kg/day for 1 year. The NOAEL was determined to be <0.5 mg/kg/day for males and females and the LOAEL was <0.5 mg/kg/day for males and females based on an increased incidence of clinical signs in both treated sexes and decreased weight gain in the treated females.
  Pyridaben was administered in the diet to CD-1 mice at dosages of 0, 2.5, 8.0, 25 or 80 ppm for 78 weeks. There was no evidence of a carcinogenic effect of the chemical. The NOAEL was determined to be 25 ppm (2.78 mg/kg/ day) for males and females and a   LOAEL of 80 ppm (8.88 and 9.74 mg/ kg/day for males and females, respectively). The LOAEL was determined to be 80 ppm for males and females based on decreased body weight gain, decreased food efficiency and changes in organ weights and histopathology (males).
Pyridaben was administered in the diet to groups of Wistar rats for 104 weeks at doses of 0, 4, 10, 28 or 80 ppm to assess carcinogenicity. Additional groups (35 animals/sex/dose) received doses of 0, 4, 10, 28 or 120 ppm for 104 weeks (with an interim sacrifice at 53 weeks) to assess chronic toxicity. There was no treatment-related neoplastic or non-neoplastic pathology in either phase of the study. The NOAEL was determined to be 28 ppm in males (1.13 mg/kg/day) and 28 ppm (1.46 mg/kg/ day) in females. The LOAEL was determined to be 120 ppm (5.00 mg/kg/ day) in males and 120 ppm (6.52 mg/kg/ day) in females based on decreased body weight gain in males and females and decreased ALT levels in males in the chronic toxicity phase. There was no evidence of a carcinogenic effect of this chemical.

  	6. Animal metabolism. In an acceptable rat metabolism study by the oral route, pyridaben was mainly eliminated in the feces where 80 - 97% of the administered dose was excreted regardless of the dose or site of label (pyridazinone or benzyl ring). Nearly 20% of the excreted residue in the feces was unmetabolized parent compound and there was some evidence of glucoronide conjugate(s) in the bile. The plasma levels following a single low
oral dose (3 mg/kg) peaked at 23 hours while peak levels at the high dose (30 mg/kg) were at approximately 24 hours post-dose due, at least in part, to inter hepatic circulation (nearly 22 - 30% of an administered radioactive dose is excreted in bile within a period of 24 hours). Residual radioactivity was at or near background levels for most tissues by 72 to 168 hours. Generally, there seemed to be increased distribution to fat over time and, compared to other tissues, fat seemed to have relatively more residual radioactivity. Several metabolites, totaling up to 20 - 30, were resolved in urine and feces and some were structurally identified.

	7. Metabolite toxicology. The nature of the residue in animals is adequately understood. The residue of concern is pyridaben and its metabolites PB - 7, 2- tert-butyl-5-[4-(1-carboxy-1- methylethyl)benzylthio]-4- chloropyridazin-3(2H)-one and PB - 9, 2- tert-butyl-4-chloro-5-[4-(1,1-dimethyl-2- hydroxyethyl) benzylthio]- chloropyridazin-3(2H)-one as specified in 40 CFR 180.494.

	8. Endocrine disruption. The most common toxicity endpoint across the various studies and test species was decreased body weight/decreased body weight gain followed by decreased feed consumption and/or feed efficiency. These effects were observed in the 13 -  week feeding study in mice, in a 13 -  week rat study, in two 13 - week dog studies, in a 21 - day rat dermal study, in a 28 - day inhalation toxicity study in rats, in two 1 - year feeding studies in dogs, in a 78 - week feeding/ carcinogenicity study in mice, in a developmental toxicity study in rats, in two developmental studies in rabbits, and in a 2 - year feeding carcinogenicity study in rats. The LOAELs were always based on decreases in body weight gain/ body weight decreases or decreases in food consumption. Other effects were sporadic and involved changes in certain clinical chemistry values or increases or decreases in organ weights. Thus, there is no indication that effects on the endocrine system were responsible for any of the observed effects.

C. Aggregate Exposure

	1. Dietary exposure. Tolerances have been established for residues in a variety of raw agricultural commodities (40 CFR 180.494). Additionally tolerances have been established for pyridaben and its metabolites in the meat byproducts of cattle, goats, hogs, horses and sheep.

	i. Food. From the acute dietary (food only) risk assessment, the calculated exposure yields dietary (food only) percentage of the acute RfD for females 13+ years old ranging from 29% for females 13+ years old -- not pregnant, non-nursing, to 42% for females 13+ years old--pregnant, not nursing. The calculated exposure yields dietary (food only) percentage of the acute RfD for the remainder of the population ranging from 9% for males 13-19 years old to 77% for nursing infants< 1 year old. This risk estimate should be viewed as highly conservative; refinement using anticipated residue values and percent crop-treated data in conjunction with a Monte Carlo analysis will result in a lower acute dietary exposure estimate.

	ii. Drinking water. There are no established maximum contaminant levels or health advisory levels for residues of pyridaben or its metabolites in drinking water. The Pesticide Root Zone Model/Exposure Analysis Modeling System (PRZM/EXAMS) and Screening Concentration in Ground Water (SCI-GROW) models were used to estimate the maximum concentrations in surface and ground water, respectively. Pyridaben is immobile and thus unlikely to leach to groundwater. Results of environmental modeling indicate an estimated 0.215 ppm (acute) and 0.020 ppm (chronic) of pyridaben in surface water.

	2. Non-dietary exposure. Pyridaben is a plant protection product used to control insects. This product is not considered for residential use and therefore the aggregate exposure is a result of pyridaben residues in food and water.

D. Cumulative Effects. The cumulative exposure to substances with common mechanism of toxicity must be considered. Currently, there are not available data to determine whether pyridaben has a common mechanism of toxicity with other substances or how to include this pesticide in a cumulative risk assessment. Unlike other pesticides for which EPA has followed a cumulative risk approach based on a common mechanism of toxicity, pyridaben does not appear to form a toxic metabolite produced by other substances. As a result, for the purposes of this tolerance action, it is assumed that pyridaben does not have a common mechanism of toxicity with other substances.

E. Safety Determination

	1. U.S. population. Exposure estimates for the pyridaben acute dietary assessment were well under 100% of the aPAD at the 99.9th percentile. The overall general population and the most sensitive subpopulation (females 13 - 49 years) utilized 11% and 14.5% of the acute population adjusted dose (aPAD), respectively. Results from a Tier I dietary assessment of pyridaben residues in previous assessments indicates the percent aPAD for children 1 - 6 years old and females 13 - 49 years old were 3%. Therefore considering all current and pending  commodities,  including cucumbers, the percent chronic reference dose (%cRfD) and percent chronic population dose (%cPAD) will be below 20% for all population subgroups.

	2. Infants and children. Results from Tier I dietary assessment of pyridaben residues in previous assessments indicate that the percent cPAD for children 1-6 years old and females of child bearing years (13 -4 years) were in the range of 7 to 13%, respectively.  Therefore, considering all uses including cucumbers, the %cRfD and %cPAD will be below 100% for all population subgroups. Further refinements including additional percent crop treated, processing factors, cooking factors actual residue values (that used default values and tolerance levels) for the remaining commodities would further reduce the exposure.

The aggregate exposure (food and drinking water) of pyridaben will not exceed the U.S. EPA's level of concern (100% of RfD). Over all we can conclude that reasonable certainty of no harm will occur from either acute or chronic aggregate exposure of pyridaben residues as a result of use on greenhouse grown cucumbers.

F. International Tolerances. There are no CODEX, Canadian, or Mexican Maximum Residue Limits (MRL) established for pyridaben on cucumbers.


[Federal Register Volume 79, Number 157 (Thursday, August 14, 2014)]
[Notices]
[Pages 47634-47635]
[FR Doc No: 2014-19259]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER14-1210-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 2014-08-06--SA 6502 Illinois Power-Edwards SSR
Compliance Filing to be effective 1/1/2013.
    Filed Date: 8/6/14.
    Accession Number: 20140806-5111.
    Comments Due: 5 p.m. ET 8/27/14.

    Docket Numbers: ER14-1225-002.
    Applicants: Southwest Power Pool, Inc.
    Description: Lea County Stated Rate Compliance Filing to be
effective 4/1/2014.
    Filed Date: 8/6/14.
    Accession Number: 20140806-5122.
    Comments Due: 5 p.m. ET 8/27/14.

    Docket Numbers: ER14-2602-000.
    Applicants: PacifiCorp.
    Description: BPA AC Intertie Agreement 12th Revised to be effective
10/1/2014.
    Filed Date: 8/5/14.
    Accession Number: 20140805-5164.
    Comments Due: 5 p.m. ET 8/26/14.

    Docket Numbers: ER14-2603-000.
    Applicants: ISO New England Inc., New England Independent
Transmission Company, LLC.
    Description: Notice of Termination of the NEITC Operating Agreement
of New England Independent Transmission Company, LLC, et. al.
    Filed Date: 8/6/14.
    Accession Number: 20140806-5069.
    Comments Due: 5 p.m. ET 8/27/14.

    Docket Numbers: ER14-2604-000.
    Applicants: Deseret Generation & Transmission Co-operative, Inc.
    Description: OATT Order No. 792 Compliance Filing to be effective
8/3/2014.
    Filed Date: 8/6/14.
    Accession Number: 20140806-5100.
    Comments Due: 5 p.m. ET 8/27/14.

    Docket Numbers: ER14-2605-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 2014-08-06--Ameren Edwards Part 1 Compliance Filing to
be effective 7/22/2014.
    Filed Date: 8/6/14.
    Accession Number: 20140806-5108.
    Comments Due: 5 p.m. ET 8/27/14.

    Docket Numbers: ER14-2606-000.
    Applicants: Macho Springs Power I, LLC.
    Description: Order No. 784 Compliance Filing and Revisions to
Market-Based Rate Tariff to be effective 8/7/2014.
    Filed Date: 8/6/14.
    Accession Number: 20140806-5112.
    Comments Due: 5 p.m. ET 8/27/14.

    Docket Numbers: ER14-2607-000.
    Applicants: California Independent System Operator Corporation.
    Description: 2014-08-06--EIM--EntitityAgreement--PacifiCorp to be
effective 9/30/2014.
    Filed Date: 8/6/14.
    Accession Number: 20140806-5125.
    Comments Due: 5 p.m. ET 8/27/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 6, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-19259 Filed 8-13-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: December 8, 2008 (Volume 73, Number 236)]
[Rules and Regulations]
[Page 74350-74357]
[DOCID:fr08de08-5]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2008-0558; FRL-8742-6]
RIN 2060-AP17

Regulation of Fuel and Fuel Additives: Gasoline and Diesel Fuel
Test Methods

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking action to
allow

refiners and laboratories to use more current and improved fuel testing
procedures with twelve American Society for Testing and Materials
(ASTM) analytical test methods. Once these test method changes are
adopted, they will supersede the corresponding earlier versions of
these test methods in EPA's motor vehicle fuel regulations. EPA is also
taking action to allow an alternative test method for olefins in
gasoline. As explained further below in the preamble of this document,
EPA views these changes as non-controversial and we anticipate no
adverse comment.

DATES: This rule is effective February 6, 2009 without further notice,
unless EPA receives adverse comment by January 7, 2009. If EPA receives
adverse comment, we will publish a timely withdrawal in the Federal
Register informing the public that the rule will not take effect.
Comments or a request for a public hearing must be received on or
before January 7, 2009. The incorporation by reference of certain
publications listed in this rule were approved by the Director of the
Federal Register as of February 6, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0558, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: ``EPA-HQ-OAR-2008-0558, Environmental Protection
Agency, Mailcode: 2822T, 1301 Constitution Ave., NW., Washington, DC
20460.''
     Hand Delivery: EPA Headquarters Library, Room 3334, EPA
West Building, 1301 Constitution Ave., NW., Washington, DC. 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-
2008-0558. EPA's policy is that all comments will be included in the
public docket without change and may be made available online at http:/
/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 http://www.regulations.gov or e-
mail. The http://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 e-mail comment directly to EPA without going through http://
www.regulations.gov your e-mail 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 instructions on submitting comments, go to Unit
1.B of the SUPPLEMENTARY INFORMATION section of this document: http://
www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://
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 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 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: Joe Sopata, Chemist, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW. (6406J), Washington, DC
20460; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The contents of today's preamble are listed
in the following outline.

I. General Information
    A. Does this Action Apply to Me?
    B. What Should I Consider as I Prepare My Comments for EPA?
II. Rule Changes
    A. Updating ASTM Test Methods to Their Most Recent Version
    B. Alternative Test Method for Olefins in Gasoline
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act of 1995 (UMRA)
    E. Executive Order 13123: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Executive Order 12898: Federal Actions to Address
Environmental Justice and Minority Populations and Low-Income
Populations
    K. Congressional Review Act
IV. Statutory Provisions and Legal Authority

I. General Information

A. Does this Action Apply to Me?

    Regulated categories and entities potentially affected by this
proposed action include those involved with the production,
importation, distribution, sale and storage of gasoline motor fuel and
diesel motor fuel.
    The table below 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 be potentially regulated by this proposed
action. Other types of entities not listed in the table could also be
regulated. To determine whether an entity is regulated by this proposed
action, one should carefully examine the existing regulations in 40 CFR
part 80. If you have questions regarding the applicability of this
proposed action to a particular entity, consult the person listed in
the preceding FOR FURTHER INFORMATION CONTACT section.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                             NAICS codes
                  Category                        a       SIC codes b                      Examples of potentially regulated parties
--------------------------------------------------------------------------------------------------------------------------------------------------------
Industry...................................       324110         2911  Petroleum Refiners.
Industry...................................        54138         8734  Testing Laboratories.
Industry...................................       422710         5171  Gasoline Marketers and Distributors.
                                                  422720         5172  .................................................................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
a North American Industry Classification System (NAICS).
b Standard Industrial Classification (SIC) System code.

B. What Should I Consider as I Prepare My Comments for EPA?

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

II. Rule Changes

A. Updating ASTM Test Methods to Their Most Recent Version

    Refiners, importers and oxygenate blenders producing gasoline and
diesel motor vehicle fuel are required to test reformulated gasoline
(RFG), conventional gasoline (CG) and diesel fuel for various fuel
parameters including aromatics, benzene, distillation, olefins, Reid
Vapor Pressure, oxygenate content and sulfur. American Society for
Testing and Materials (ASTM) test method D2622 is currently the
designated test method for measuring sulfur 1 2 in gasoline
and diesel fuel at the 500 ppm sulfur standard. ASTM test methods
D5453, D6920, D3120 and D7039 are currently alternative test methods
for measuring sulfur 3 4 5 6 in gasoline. ASTM test methods
D5453 and D6920 are also alternative test method for measuring sulfur
\7\ in diesel fuel at the 500 ppm sulfur standard. ASTM D1319 is
currently the designated test method for measuring olefins \8\ in
gasoline and aromatics \9\ in diesel fuel and is also allowed as an
alternative test method for measuring aromatics \10\ in gasoline. ASTM
test method D5599 is currently the designated test method for measuring
oxygenates \11\ in gasoline. ASTM test method D4815 is currently an
alternative test method for measuring oxygenates \12\ in gasoline. ASTM
test method D5769 is currently the designated test method for measuring
aromatics \13\ in gasoline. ASTM test method D3606 is currently the
designated test method for measuring benzene \14\ in gasoline. ASTM
test method D86 is currently the designated test method for measuring
the distillation \15\ of gasoline. ASTM test method D5191 is currently
the designated test method for measuring the Reid Vapor Pressure \16\
of gasoline.
---------------------------------------------------------------------------

    \1\ 40 CFR 80.46(a)(1).
    \2\ 40 CFR 80.580(b)(2).
    \3\ 40 CFR 80.46(a)(3)(i).
    \4\ 40 CFR 80.46(a)(3)(ii).
    \5\ 40 CFR 80.46(a)(3)(iii).
    \6\ 40 CFR 80.46(a)(3)(iv).
    \7\ 40 CFR 80.580(c)(2).
    \8\ 40 CFR 80.46(b).
    \9\ 40 CFR 80.2(z).
    \10\ 40 CFR 80.46(f)(3).
    \11\ 40 CFR 80.46(g)(1).
    \12\ 40 CFR 80.46(g)(2).
    \13\ 40 CFR 80.46(f)(1).
    \14\ 40 CFR 80.46(e).
    \15\ 40 CFR 80.46(d).
    \16\ 40 CFR 80.46(c).
---------------------------------------------------------------------------

    Table 1 lists the designated analytical test methods and
alternative analytical test methods which are being updated for
parameters measured under RFG, CG, and diesel fuels program in today's
action. The Agency has reviewed these updated ASTM test methods and we
are in agreement with the revisions contained in them which will result
in improvements in the utilization of these test methods for the
regulated industry. We believe that the revisions in the test method
changes in today's action are not significant changes that would cause
a user of an older version of the same method to incur significant
costs. All of the revisions were deemed necessary by ASTM so that
improvements in the test method's procedures would ensure better
operation for the user of the test method. Thus, EPA is updating the
regulations for the following ASTM test methods: (1) ASTM D2622-05, the
designated test method for measuring sulfur in RFG, CG, and alternative
test method for diesel fuel at the 500 ppm sulfur standard, (2) ASTM
D3120-06 [epsiv]1, alternative test method for sulfur in
gasoline, (3) ASTM D5453-08a, alternative test method for sulfur in
gasoline and diesel fuel at the 500 ppm sulfur standard, (4) ASTM
D6920-07, alternative test method for sulfur in gasoline and diesel
fuel at the 500 ppm sulfur standard, (5) ASTM D7039-07, alternative
test method for sulfur in gasoline, (6) ASTM D1319-03
[epsiv]1, designated test method for measuring olefins in
gasoline and aromatics in diesel fuel, as well as the alternative test
method for measuring aromatics in gasoline, (7) ASTM D4815-04,
alternative test method for measuring oxygenate content in gasoline,
(8) ASTM D5599-00(2005), the designated test method for measuring
oxygen content in gasoline, (9) ASTM D5769-04, the designated test
method for measuring aromatics in gasoline, (10) ASTM D3606-07, the
designated test method for measuring benzene in gasoline, (11)

ASTM D86-07b, the designated test method for measuring distillation
properties of gasoline, and (12) ASTM D5191-07, the designated test
method for measuring the Reid Vapor Pressure of gasoline.

  Table 1--Designated & Alternative ASTM Analytical Test Methods Under
              RFG, CG & Diesel Motor Vehicle Fuel Programs
------------------------------------------------------------------------
        Fuel parameter                ASTM analytical test method
------------------------------------------------------------------------
Sulfur (gasoline)............  ASTM D2622-05, entitled ``Standard Test
                                Method for Sulfur in Petroleum Products
                                by Wavelength Dispersive X-Ray
                                Fluorescence Spectrometry''
Sulfur (500 ppm diesel)......  ASTM D2622-05, entitled ``Standard Test
                                Method for Sulfur in Petroleum Products
                                by Wavelength Dispersive X-Ray
                                Fluorescence Spectrometry''
Sulfur (gasoline)............  ASTM D5453-08a, entitled, ``Standard Test
                                Method for Determination of Total Sulfur
                                in Light Hydrocarbons, Spark Ignition
                                Engine Fuel, Diesel Engine Fuel, and
                                Engine Oil by Ultraviolet Fluorescence''
Sulfur (500 ppm sulfur         ASTM D5453-08a, entitled, ``Standard Test
 diesel).                       Method for Determination of Total Sulfur
                                in Light Hydrocarbons, Spark Ignition
                                Engine Fuel, Diesel Engine Fuel, and
                                Engine Oil by Ultraviolet Fluorescence''
Sulfur (gasoline)............  ASTM D6920-07, entitled, ``Standard Test
                                Method for Total Sulfur in Naphthas,
                                Distillates, Reformulated Gasolines,
                                Diesels, Biodiesels, and Motor Fuels by
                                Oxidative Combustion and Electrochemical
                                Detection''
Sulfur (500 ppm sulfur         ASTM D6920-07, entitled, ``Standard Test
 diesel).                       Method for Total Sulfur in Naphthas,
                                Distillates, Reformulated Gasolines,
                                Diesels, Biodiesels, and Motor Fuels by
                                Oxidative Combustion and Electrochemical
                                Detection''
Sulfur (gasoline)............  ASTM D3120-06 [epsiv]1, entitled,
                                ``Standard Test Method for Trace
                                Quantities of Sulfur in Light Petroleum
                                Hydrocarbons by Oxidative
                                Microcoulometry''
Sulfur (gasoline)............  ASTM D7039-07, entitled, ``Standard Test
                                Method for Sulfur in Gasoline and Diesel
                                Fuel by Monochromatic Wavelength
                                Dispersive X-ray Fluorescence
                                Spectrometry''
Oxygen content (gasoline)....  ASTM D5599-00(2005), entitled, ``Standard
                                Test Method for Determination of
                                Oxygenates in Gasoline by Gas
                                Chromatography and Oxygen Selective
                                Flame Ionization Detection''
Oxygen content (gasoline)....  ASTM D4815-04, entitled ``Standard Test
                                Method for Determination of MTBE, ETBE,
                                TAME, DIPE, tertiary-Amyl Alcohol and C1
                                to C4 Alcohols in Gasoline by Gas
                                Chromatography''
Olefins (gasoline)...........  ASTM D1319-03 [epsiv]1, entitled
                                ``Standard Test Method for Hydrocarbon
                                Types in Liquid Petroleum Products by
                                Fluorescent Indicator Adsorption''
Aromatics (gasoline and        ASTM D1319-03 [epsiv]1, entitled,
 diesel).                       ``Standard Test Method for Hydrocarbon
                                Types in Liquid Petroleum Products by
                                Fluorescent Indicator Absorption'', for
                                diesel fuel, this method is the
                                designated test method, for gasoline,
                                this method is an alternative test
                                method and if used as an alternative
                                method, its results must be correlated
                                to ASTM D5769-04.
Aromatics (gasoline).........  ASTM D5769-04, entitled, ``Standard Test
                                Method for Determination of Benzene,
                                Toluene, and Total Aromatics in Finished
                                Gasolines by Gas Chromatography/Mass
                                Spectrometry''
Benzene (gasoline)...........  ASTM D3606-07, entitled, ``Standard Test
                                Method for Determination of Benzene and
                                Toluene in Finished Motor and Aviation
                                Gasoline by Gas Chromatography''
Distillation (gasoline)......  ASTM D86-07b, entitled, ``Standard Test
                                Method for Distillation of Petroleum
                                Products at Atmospheric Pressure''
Reid Vapor Pressure            ASTM D5191-07, entitled, ``Standard Test
 (gasoline).                    Method for Vapor Pressure of Petroleum
                                Products (Mini-Method)''
------------------------------------------------------------------------

B. Alternative Test Method for Olefins in Gasoline

    Refiners, importers and oxygenate blenders producing gasoline are
required to test RFG and CG for various fuel parameters including
olefins. The test method for determining olefin content is specified in
the regulation.
    Recently, the American Petroleum Institute (API) requested in a
letter to EPA that ASTM D6550-05 be designated by EPA as an alternative
test method in the regulations for olefins \15\ in gasoline. EPA has
evaluated API's request on this test method issue and agrees. Thus, EPA
is taking action today to allow ASTM D6550-05 as an alternative test
method in the regulations for olefins in gasoline, provided that its
results are correlated to ASTM D1319. The allowance of this additional
alternative test method for olefins in gasoline will provide the
regulated community additional flexibility in meeting their testing
requirements.
---------------------------------------------------------------------------

    \15\ See Air Docket EPA-HQ-OAR-2008-0558-0001.
---------------------------------------------------------------------------

    In the ``Proposed Rules'' section of today's Federal Register, we
are publishing a proposed rule that matches the substance of this
direct final rule. If the Agency receives adverse comment or a request
for public hearing by January 7, 2009, we will withdraw the direct
final rule by publishing a timely withdrawal notice in the Federal
Register. If the Agency receives no adverse comment or a request for
public hearing by January 7, 2009, these test method changes will be
effective sixty (60) days after publication of the final rule in the
Federal Register. We are confident that sixty (60) days is sufficient
lead time for industry to become familiar and implement these ASTM test
methods for the applications mentioned above.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the EO.

B. Paperwork Reduction Act

    This direct final rule does not impose any new information
collection burden. However, the Office of Management and Budget (OMB),
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq., has approved the information collection requirements contained in
the final RFG and anti-dumping rulemaking and gasoline sulfur control
rulemaking, and has

assigned OMB control number 2060-0277. OMB, under the provisions of the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq., has also approved the
information collection requirements contained in the final Tax Exempt
(Dyed) Highway Diesel Fuel rulemaking, and has assigned OMB control
number 2060-0308. The OMB control numbers for EPA's regulations in 40
CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's direct final rule
on small entities, small entity is defined as: (1) A small business as
defined by the Small Business Administration's regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field. The impact of concern is any
significant adverse economic impact on small entities since the primary
purpose of the regulatory flexibility analysis is to identify and
address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
    After considering the economic impacts of today's direct final rule
on small entities, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
In determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus 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, or otherwise has a positive economic effect
on all of the small entities subject to the rule.
    All of the test method updates in this proposed rule will improve
the performance and/or utilization by industry of ASTM standard test
methods. This direct final rule does not impose a regulatory burden on
anyone, including small businesses. Instead, this direct final rule
will have a positive impact by improving performance of the industry,
including small businesses, by enabling them to use more current
voluntary consensus-based standard test methods. In addition, the
allowance of ASTM D 6550-05 will provide additional flexibility to the
regulated community, including small businesses, in meeting olefins in
gasoline testing requirements. We have therefore concluded that today's
direct final rule will relieve regulatory burden for all effected small
entities.

D. Unfunded Mandates Reform Act of 1995 (UMRA)

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2
U.S.C. 1531-1538, requires Federal agencies, unless otherwise
prohibited by law, to assess the effects of their regulatory actions on
State, local, and tribal governments and the private sector. Federal
agencies must also develop a plan to provide notice to small
governments to have meaningful and timely input in the development of
EPA regulatory proposals with significant Federal intergovernmental
mandates and must inform, educate, and advise small governments on
compliance with the regulatory requirements.
    This rule does not contain a Federal mandate that may result in
expenditures of $100 million or more for State, local, and tribal
governments, in the aggregate, or the private sector in any one year.
All of the test method updates in today's action will improve the
performance and/or utilization by industry of the test methods already
allowed by our regulations. The allowance of ASTM D 6550-05 will
provide additional flexibility to the regulated community in meeting
olefins in gasoline testing requirements. Thus, this rule is not
subject to the requirements of sections 202 and 205 of the UMRA. This
action is also not subject to the requirements of section 203 of UMRA
because it contains no regulatory requirements that might significantly
or uniquely affect small governments.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that 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.''
    This direct final rule 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, as specified in Executive Order 13132. All of the test
method updates in today's action will improve the performance and/or
utilization by industry of ASTM standard test methods. The allowance of
ASTM D 6550-05 will provide additional flexibility to the regulated
community in meeting olefins in gasoline testing requirements. Thus,
Executive Order 13132 does not apply to this direct final rule.

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

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 6, 2000). This action
applies to gasoline refiners, blenders and importers that supply
gasoline or diesel fuel. All of the test method updates in today's
action will improve the performance and/or utilization by industry of
the test methods. The allowance of ASTM D6500-05 will provide
additional flexibility to the regulated community in meeting olefins in
gasoline testing requirements. Thus, Executive Order 13175 does not
apply to this action.

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

    EPA interprets EO 13045 (62 F.R. 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the Executive
Order has the potential to influence the regulation. This action is not
subject to Executive Order 13045 because it does not establish an
environmental standard intended to mitigate health or safety risks.

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

    This action is not subject to Executive Order 13211 (66 FR 18355
(May 22, 2001)) because it is not a significant regulatory action under
Executive Order 12866.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law No. 104-113, section 12(d) (15
U.S.C. 272 note) directs EPA to use voluntary consensus standards in
its regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
    This direct final rule involves technical standards. EPA will adopt
ASTM standards as described in Units II.A, and II.B of the
SUPPLEMENTARY INFORMATION section of this document. All technical
standards included in today's rule are standards developed by ASTM, a
voluntary consensus standards body, and thus raises no issues under the
NTTAA. The ASTM standards in today's action may be obtained from ASTM
International at 100 Barr Harbor Drive, PO Box C700, West Conshohocken,
PA 19428-2959,<PHONE_NUMBER> (phone),<PHONE_NUMBER> (fax), or
<EMAIL_ADDRESS>(e-mail); or through the ASTM Web site (http://
www.astm.org).

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

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. All of the test method updates in this direct final rule
will improve the performance and/or utilization by industry of the test
methods. The allowance of ASTM D6500-05 will provide additional
flexibility to the regulated community in meeting olefins in gasoline
testing requirements. This final rule amendment does not relax control
measures on sources regulated by the rule and therefore will not cause
emission increases from these sources.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of Congress and to the Comptroller General of the United
States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective February 6, 2009.

IV. Statutory Provisions and Legal Authority

    Statutory authority for today's rule comes from sections 211(c),
211(i) and 211(k) of the CAA (42.U.S.C. 7545(c) and (k)). Section
211(c) and 211(i) allows EPA to regulate fuels that contribute to air
pollution which endangers public health or welfare, or which impairs
emission control equipment. Section 211(k) prescribes requirements for
RFG and CG and requires EPA to promulgate regulations establishing
these requirements. Additional support for the fuels controls in
today's rule comes from sections 114(a) and 301(a) of the CAA.

List of Subjects in 40 CFR Part 80

    Environmental protection, Air pollution control, Fuel additives,
Gasoline, Diesel, Imports, Incorporation by reference, Motor vehicle
pollution, Reporting and recordkeeping requirements.

    Dated: November 13, 2008.
Stephen L. Johnson,
Administrator.

0
For the reasons set forth in the preamble, part 80 of title 40, chapter
I of the Code of Federal Regulations is amended as follows:

PART 80--REGULATION OF FUELS AND FUEL ADDITIVES

0
1. The authority citation for part 80 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7521(l) ,7545 and 7601(a).

0
2. Section 80.2 is amended by revising paragraph (z) to read as
follows:

Sec.  80.2  Definitions.

* * * * *
    (z) Aromatic content is the aromatic hydrocarbon content in volume
percent as determined by ASTM standard test method D1319-03
[epsiv]1, entitled, ``Standard Test Method for Hydrocarbon
Types in Liquid Petroleum Products by Fluorescent Indicator
Adsorption''. ASTM standard test method D1319-03[epsiv]\1\, approved
November 1, 2003, is incorporated by reference. This incorporation by
reference was approved by the Director of the Federal Register in
accordance 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained
from the American Society for Testing and Materials, 100 Barr Harbor
Dr., West Conshohocken, PA 19428-2959, or by contacting ASTM customer
service at<PHONE_NUMBER>, or by contacting the e-mail address of
<EMAIL_ADDRESS>from the ASTM Web site of http://www.astm.org. For
further information on this test method, please contact the
Environmental Protection Agency at<PHONE_NUMBER>. Copies may be
inspected at the Air Docket, EPA/DC, EPA West, Room B102, 1301
Constitution Ave., NW., Washington, DC, or at the National Archives and
Records Administration (NARA). The telephone number for the Air Docket
Public Reading Room is<PHONE_NUMBER>. For information on the
availability of this material at NARA, call<PHONE_NUMBER> or go to:
http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.
* * * * *

Subpart D--[Amended]

0
3. Section 80.46 is amended as follows:
0
a. By revising paragraphs (a)(1), (a)(3)(i), (a)(3)(ii), (a)(3)(iii)
and (a)(3)(iv).
0
b. Revising paragraph (b).

0
c. Revising paragraph (c).
0
d. Revising paragraph (d).
0
e. Revising paragraph (e)(1).
0
f. Revising paragraphs (f)(1) and (f)(3)(i).
0
g. Revising paragraphs (g)(1) and (g)(2)(i).
0
h. Revising paragraph (h).

Sec.  80.46  Measurement of reformulated gasoline fuel parameters.

    (a) * * *
    (1) The sulfur content of gasoline must be determined by use of
American Society for Testing and Materials (ASTM) standard method D2622
(incorporated by reference, see paragraph (h) of this section) or by
one of the alternative methods specified in paragraph (a)(3) of this
section.
    (3) * * *
    (i) ASTM standard method D5453 (incorporated by reference, see
paragraph (h) of this section) or
    (ii) ASTM standard method D6920 (incorporated by reference, see
paragraph (h) of this section) or
    (iii) ASTM standard method D3120 (incorporated by reference, see
paragraph (h) of this section) or
    (iv) ASTM standard method D7039 (incorporated by reference, see
paragraph (h) of this section).
* * * * *
    (b) Olefins. Olefin content must be determined by use of the
following methods:
    (1) Olefin content must be determined by use of ASTM standard
method D1319 (incorporated by reference, see paragraph (h) of this
section).
    (2)(i) Any refiner or importer may determine olefin content using
ASTM standard method ASTM D6550 (incorporated by reference, see
paragraph (h) of this section) for purposes of meeting any testing
requirement involving olefin content; provided that the refiner or
importer test result is correlated with the method specified in
paragraph (b)(1) of this section using a formula to convert the result
in mass percent to volume percent as follows: Volume % = 0.857 x Mass
%.
    (ii) [Reserved]
    (c) Reid vapor pressure (RVP). Reid vapor pressure must be
determined using ASTM standard test method ASTM D5191 (incorporated by
reference, see paragraph (h) of this section), except that the
following correlation equation must be used:
    RVP psi = (0.956 * X)-0.347
    RVP kPa = (0.956 * X)-2.39
    (d) Distillation. Distillation parameters must be determined using
ASTM standard test method D86 (incorporated by reference, see paragraph
(h) of this section).
    (e) Benzene. (1) Benzene content must be determined using ASTM
standard test method ASTM D3606-07 (incorporated by reference, see
paragraph (h) of this section), except that.
* * * * *
    (f)(1) Aromatic content must be determined using ASTM D5769
(incorporated by reference, see paragraph (h) of this section), except
that the sample chilling requirements in section 8 of this standard
method are optional.
* * * * *
    (3)(i) Any refiner or importer may determine aromatics content
using ASTM standard method D1319 (incorporated by reference, see
paragraph (h) of this section) for purposes of meeting any testing
requirement involving aromatics content; provided that
* * * * *
    (g) Oxygen and oxygenate content analysis. (1) Oxygen and oxygenate
content must be determined using ASTM standard method D5599
(incorporated by reference, see paragraph (h) of this section).
    (2)(i) When oxygenates present are limited to MTBE, ETBE, TAME,
DIPE, tertiary-amyl alcohol and C1 to C4
alcohols, any refiner, importer, or oxygenate blender may determine
oxygen and oxygen content using ASTM standard method D4815
(incorporated by reference, see paragraph (h) of this section) for
purposes of meeting any testing requirement; provided that:
* * * * *
    (h) Materials Incorporated by reference. The Director of the
Federal Register approved the incorporation by reference of the
documents listed in this section as prescribed in 5 U.S.C. 552(a) and 1
CFR 51. Anyone may inspect copies at the U.S. EPA, Air and Radiation
Docket and Information Center, 1301 Constitution Ave., NW., Room B102,
EPA West Building, Washington, DC, 20460, under EPA docket ID Number
EPA-HQ-OAR-2008-0558, or at the National Archives and Records
Administration (NARA). The telephone number for the Air Docket Public
Reading Room is<PHONE_NUMBER>. For information on the availability of
this material at NARA, call<PHONE_NUMBER> or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/ibr_
locations.html. For further information on these test methods, please
contact the Environmental Protection Agency at<PHONE_NUMBER>.
    (1) ASTM material. Anyone may purchase copies of these materials
from the American Society for Testing and Materials (ASTM), 100 Barr
Harbor Dr., West Conshohocken, PA 19428-2959, or by contacting ASTM
customer service at<PHONE_NUMBER>, or by contacting the email address of
<EMAIL_ADDRESS>from the ASTM Web site of http://www.astm.org.
    (i) ASTM standard method D3606-07 (``ASTM D3606''), Standard Test
Method for Determination of Benzene and Toluene in Finished Motor and
Aviation Gasoline by Gas Chromatography, approved November 1, 2007.
    (ii) ASTM standard method D1319-03 [epsiv]\1\ (``ASTM D1319''),
Standard Test Method for Hydrocarbon Types in Liquid Petroleum Products
by Fluorescent Indicator Adsorption, approved November 1, 2003.
    (iii) ASTM standard method D6550-05 (``ASTM D6550''), Standard Test
Method for Determination of Olefin Content of Gasolines by
Supercritical-Fluid Chromatography, approved November 1, 2005.
    (iv) ASTM standard method D4815-04 (``ASTM D4815''), Standard Test
Method for Determination of MTBE, ETBE, TAME, DIPE, tertiary-Amyl
Alcohol and C1 to C4 Alcohols in Gasoline by Gas
Chromatography, approved November 1, 2004.
    (v) ASTM standard method D2622-05 (``ASTM D2622''), Standard Test
Method for Sulfur in Petroleum Products by Wavelength Dispersive X-Ray
Fluorescence Spectrometry, approved November 1, 2005.
    (vi) ASTM standard method D3246-96 (``ASTM D3246''), Standard Test
Method for Sulfur in Petroleum Gas by Oxidative Microcoulometry.
    (vii) ASTM standard method D5191-07 (``ASTM D5191''), Standard Test
Method for Vapor Pressure of Petroleum Products (Mini Method), approved
May 1, 2007.
    (viii) ASTM standard method D5599-00(2005) (``ASTM D5599''),
Standard Test Method for Determination of Oxygenates in Gasoline by Gas
Chromatography and Oxygen Selective Flame Ionization Detection,
approved November 1, 2005.
    (ix) ASTM standard method D5769-04 (``ASTM D5769''), Standard Test
Method for Determination of Benzene, Toluene, and Total Aromatics in
Finished Gasolines by Gas Chromatography/Mass Spectrometry, approved
May 1, 2004.
    (x) ASTM standard method D86-07b (``ASTM D86''), Standard Test
Method for Distillation of Petroleum Products at Atmospheric Pressure,
approved November 15, 2007.

    (xi) ASTM standard method D5453-08a (``ASTM D5453''), Standard Test
Method for Determination of Total Sulfur in Light Hydrocarbons, Spark
Ignition Engine Fuel, Diesel Engine Fuel, and Engine Oil by Ultraviolet
Fluorescence, approved February 1, 2008.
    (xii) ASTM standard method D6920-07 (``ASTM D6920''), Standard Test
Method for Total Sulfur in Naphthas, Distillates, Reformulated
Gasolines, Diesels, Biodiesels, and Motor Fuels by Oxidative Combustion
and Electrochemical Detection, approved December 1, 2007.
    (xiii) ASTM standard method D3120-06[epsiv]\1\ (``ASTM D3120''),
Standard Test Method for Trace Quantities of Sulfur in Light Petroleum
Hydrocarbons by Oxidative Microcoulometry, approved December 1, 2006.
    (xiv) ASTM standard method D7039-07 (``ASTM D7039''), Standard Test
Method for Sulfur in Gasoline and Diesel Fuel by Monochromatic
Wavelength Dispersive X-ray Fluorescence Spectrometry, approved May 1,
2007.
    (xv) ASTM standard method D6667-01 (``ASTM D6667''), Standard Test
Method for Determination of Total Volatile Sulfur in Gaseous
Hydrocarbons and Liquefied Petroleum Gases by Ultraviolet Fluorescence.
    (xvi) ASTM standard method D4468-85 (reapproved 2000) (``ASTM
D4468''), Standard Test Method for Total Sulfur in Gaseous Fuels by
Hydrogenolysis and Rateometric Colorimetry.
    (2) [Reserved]

Subpart I--[Amended]

0
4. Section 80.580 is amended as follows:
0
a. By revising paragraph (b)(2)
0
b. By revising paragraph (c)(2)(i).
0
c. By revising paragraphs (e).

Sec.  80.580  What are the sampling and testing methods for sulfur?

* * * * *
    (b) * * *
    (2) For motor vehicle diesel fuel and diesel fuel additives subject
to the 500 ppm sulfur standard of Sec.  80.520(c), and NRLM diesel fuel
subject to the 500 ppm sulfur standard of Sec.  80.510(a)(1), sulfur
content may be determined using ASTM D2622 (incorporated by reference,
see paragraph (e) of this section).
* * * * *
    (c) * * *
    (2) * * *
    (i) For motor vehicle diesel fuel and diesel fuel additives subject
to the 500 ppm sulfur standard of Sec.  80.520(c), and for NRLM diesel
fuel subject to the 500 ppm sulfur standard of Sec.  80.510(a), sulfur
content may be determined using ASTM D4294, ASTM D5453, or ASTM D6920
(all incorporated by reference, see paragraph (e) of this section),
provided that the refiner or importer test result is correlated with
the appropriate method specified in paragraph (b)(2) of this section;
or
* * * * *
    (e) Materials incorporated by reference. The Director of the
Federal Register approved the incorporation by reference of the
document listed in this section as prescribed in 5 U.S.C. 552(a) and 1
CFR part 51. Anyone may inspect copies at the U.S. EPA, Air and
Radiation Docket and Information Center, 1301 Constitution Ave., NW.,
Room B102, EPA West Building, Washington, DC 20460, under EPA docket ID
Number EPA-HQ-OAR-2008-0558, or at the National Archives and Records
Administration (NARA). The telephone number for the Air Docket Public
Reading Room is<PHONE_NUMBER>. For information on the availability of
this material at NARA, call<PHONE_NUMBER> or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/ibr_
locations.html. For further information on these test methods, please
contact the Environmental Protection Agency at<PHONE_NUMBER>.
    (1) ASTM material. Anyone may purchase copies of these materials
from the American Society for Testing and Materials (ASTM), 100 Barr
Harbor Dr., West Conshohocken, PA 19428-2959, or by contacting ASTM
customer service at<PHONE_NUMBER>, or by contacting the e-mail address
of<EMAIL_ADDRESS>from the ASTM Web site of http://www.astm.org.
    (i) ASTM standard method D2622-05 (``ASTM D2622''), Standard Test
Method for Sulfur in Petroleum Products by Wavelength Dispersive X-Ray
Fluorescence Spectrometry, approved November 1, 2005.
    (ii) [Reserved].
    (iii) ASTM standard method D4294-03 (``ASTM D4294), Standard Test
Method for Sulfur in Petroleum and Petroleum Products by Energy
Dispersive X-ray Fluorescence Spectrometry, approved November 1, 2003.
    (iv) ASTM standard method D5453-08a (``ASTM D5453''), Standard Test
Method for Determination of Total Sulfur in Light Hydrocarbons, Spark
Ignition Engine Fuel, Diesel Engine Fuel, and Engine Oil by Ultraviolet
Fluorescence, approved February 1, 2008.
    (v) ASTM standard method D6920-07 (``ASTM D6920''), Standard Test
Method for Total Sulfur in Naphthas, Distillates, Reformulated
Gasolines, Diesels, Biodiesels, and Motor Fuels by Oxidative Combustion
and Electrochemical Detection, approved December 1, 2007.
    (2) [Reserved]

[FR Doc. E8-28370 Filed 12-5-08; 8:45 am]

BILLING CODE 6560-50-P