[Federal Register Volume 77, Number 110 (Thursday, June 7, 2012)]
[Notices]
[Pages 33733-33735]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13823]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2011-0893; FRL-9680-9]
Regulation of Fuel and Fuel Additives: Modification to Octamix
Waiver (TXCeed)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The Environmental Protection Agency has reconsidered a portion
of a fuel waiver that was 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, TXCeed, in Texas Methanol's gasoline-alcohol fuel,
OCTAMIX.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-HQ-OAR-2011-0893. 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 (202) 566-1742, and the
facsimile number for the Air Docket is (202) 566-9744.
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, (202) 343-2800, email address:
sopata.joe@epa.gov.
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
[[Page 33734]]
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 3637.
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On March 23, 2011, Spirit of 21st Century LLC requested EPA allow
the use of its alternative corrosion inhibitor, TXCeed, in the OCTAMIX
gasoline-alcohol fuel blend which otherwise would not be allowed under
the waiver.\5\ Spirit of 21st Century LLC subsequently followed up its
March 23 request with additional information on May 17, 2011, July 6,
2011 and August 15, 2011.6 7 8 TXCeed is a fuel additive
formulation consisting of a corrosion inhibitor.
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\5\ EPA-HQ-OAR-2011-0893-03.
\6\ EPA-HQ-OAR-2011-0893-004.
\7\ EPA-HQ-OAR-2011-0893-006.
\8\ EPA-HQ-OAR-2011-0893-005.
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On December 14, 2011, EPA published a notice in the Federal
Register (76 FR 77828) announcing receipt of Spirit of 21st Century
LLC's request and inviting comment on it. The comment period closed on
January 13, 2012. There were no public comments submitted to the Agency
in response to the notice published on December 14, 2011.
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.\9\ 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.\10\
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\9\ 53 FR 3637.
\10\ 53 FR 3637.
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In order to determine whether the OCTAMIX waiver would meet the
criteria of section 211(f) if TXCeed were to be used as an alternative
corrosion inhibitor, EPA reviewed all data submitted with or referenced
by the Spirit of 21st Century LLC application. Spirit of 21st Century
LLC provided data showing their corrosion inhibitor, TXCeed, met ASTM
\11\ and NACE \12\ corrosion test results, as well as physical property
information.
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\11\ ASTM D130-04e\1\ and ASTM D4814-10a.
\12\ NACE Standard TM0172-2001.
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TXCeed is a fuel additive mixture of naturally occurring
triglyceride oils and terpenes that purports to eliminate the corrosion
tendencies of alcohols. While both TOLAD MFA-10 and DMA-67 were only
evaluated with respect to their corrosion inhibitor efficacy under the
NACE corrosion test, TXCeed was evaluated and passed the most current
NACE corrosion test and two additional corrosion tests, the ASTM silver
and copper corrosion tests.\13\ Moreover, TXCeed was evaluated on the
most aggressive fuel formulation of alcohols allowed under the OCTAMIX
waiver,\14\ which is an OCTAMIX fuel formulation 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. Since TXCeed passed the most
current NACE corrosion test and the ASTM silver and copper corrosion
tests using the most aggressive fuel formulation allowed under the
OCTAMIX waiver, the Agency believes that Spirit of 21st Century LLC has
met the burden of showing that it is an effective corrosion inhibitor
for use under the OCTAMIX waiver.
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\13\ See EPA-HQ-OAR-2011-0893-0003.
\14\ 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.
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With regard to the question of the emissions impacts of TXCeed,
Table 1 compares the physical properties (including the treat rate) of
TXCeed to a previously approved corrosion inhibitor under the OCTAMIX
waiver, DMA-67. Normally we would compare the physical properties of
the new corrosion inhibitor (TXCeed) to the physical properties of the
corrosion inhibitor previously approved under the waiver (TOLAD MFA-
10). In this instance, the physical property information for TOLAD MFA-
10 is no longer available, so we are comparing the physical properties
of TXCeed with the physical properties of an alternative corrosion
inhibitor previously approved under the OCTAMIX waiver, DMA-67. TXCeed
is added at about 30 times more than that of DMA-67, has a similar
specific gravity, and a much improved ash content performance. Although
TXCeed's flash point and viscosity are larger than DMA-67, TXCeed's
chemical composition and treat rate of less than 0.1 mass percent by
weight is such that it is a fuel additive falling under the baseline
gasoline fuel grouping category \15\ under our fuel and fuel additive
registration regulations. In addition, TXCeed's chemical composition
and treat rate is such that it meets our substantially similar
definition \16\. Given that TXCeed is a fuel additive that is both
substantially similar to the fuel additives used in our certification
program and a fuel additive falling under the baseline gasoline fuel
category, one would not expect significant emissions changes from the
use of TXCeed 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,\17\ gasoline
[[Page 33735]]
phase separation specifications \18\ and alcohol purity conditions,\19\
the Agency believes that the use of TXCeed 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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\15\ See 40 CFR 79.56(e)(3)(i).
\16\ For our most recent substantially similar gasoline
interpretative rule, please see: http://www.epa.gov/fedrgstr/EPA-AIR/2008/April/Day-25/a8944.pdf.
\17\ See 40 CFR 80.27 for applicable volatility specifications
for conventional gasoline, or 40 CFR part 80 subpart D for
reformulated gasoline requirements, or any applicable state
implementation plan approved by EPA that includes low RVP fuel.
\18\ See American Society for Testing and Materials (ASTM) D4814
for applicable gasoline phase separation conditions.
\19\ 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. Since the time that
the OCTAMIX waiver was granted, ASTM D4814 has superceded ASTM
volatility specifications contained in ASTM D439-85a and the phase
separation conditions specified in ASTM D-2 Proposal P-176.
Table 1--Physical Properties of DMA-67 and TXCeed
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Physical Properties............ DMA-67............. TXCeed
Treat Rate (mg/liter).......... 31.4............... 987.6
Physical Form.................. Clear Amber Liquid. Liquid \20\
Specific Gravity 60/60 [deg]F.. 0.93............... 0.9662
Flash Point, PMCC, [deg]F...... 64 [deg]F.......... 230 [deg]F
Ash Content, weight percent.... <0.1............... <0.0001
Viscosity, cSt @0 [deg]F....... 663................ 19210
Viscosity, cSt @32 [deg]F...... 180................ 3220
Viscosity, cST @100 [deg]F..... 30................. 151
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\20\ According to Spirit of 21st Century LLC, the color of the liquid is
dependent on the clarity of the chemical components comprised in fuel
additive formulation of TXCeed.
III. Finding and Conclusion
Based on the information submitted by Spirit of 21st Century LLC in
its application, I conclude that the performance of TXCeed in OCTAMIX
would be comparable to TOLAD MFA-10 and DMA-67. Therefore, I am
modifying condition (3) of the OCTAMIX waiver to read as follows:
(3) Any one of the following three 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).
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
three 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 inhibitor to
other 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 6, 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: May 31, 2012.
Lisa P. Jackson,
Administrator.
[FR Doc. 2012-13823 Filed 6-6-12; 8:45 am]
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