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PA Bulletin, Doc. No. 98-1551



[25 PA. CODE CHS. 121, 126 AND 139]

Gasoline Volatility Requirements

[28 Pa.B. 4792]

   The Environmental Quality Board (Board) proposes to amend Chapters 121, 126 and 139 to read as set forth in Annex A. The proposed amendments will eliminate the use of Federal reformulated gasoline (RFG) as a compliant fuel in the Pittsburgh-Beaver Valley Area during the ozone season. In addition, the proposed amendments will make a technical language correction relating to sampling procedures.

   The Board approved the proposed amendments at its July 21, 1998, meeting.

A.  Effective Date

   These proposed amendments will be effective upon publication in the Pennsylvania Bulletin as final rulemaking.

B.  Contact Persons

   For further information, contact Terry Black, Chief, Regulation and Policy Development Section, Division of Compliance and Enforcement, Bureau of Air Quality, 12th Floor, Rachel Carson State Office Building, P. O. Box 8468, Harrisburg, PA 17105-8468, (717) 787-1663, or R. A. Reiley, Assistant Counsel, Bureau of Regulatory Counsel, Office of Chief Counsel, 9th Floor, Rachel Carson State Office Building, P. O. Box 8464, Harrisburg, PA 17105-8464, (717) 787-7060. Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This proposal is available electronically through the Department of Environmental Protection (Department) Web site (

C.  Statutory Authority

   This action is being taken under the authority of section 5 of the Air Pollution Control Act (35 P. S. § 4005) which grants to the Board the authority to adopt regulations for the prevention, control, reduction and abatement of air pollution.

D.  Background and Summary of the Proposed Amendments

   These amendments propose to eliminate the use of RFG as a compliant fuel in the Pittsburgh-Beaver Valley Area during the ozone season. Because of concerns with implementation of the current regulation as it relates to RFG, the Department is eliminating the RFG provisions. Since refiners and marketers have been supplying low Reid vapor pressure (RVP) gasoline during the ozone season, these proposed amendments will have minimal practical consequences. These amendments also propose to correct technical language relating to sampling procedures.

   These proposed amendments were submitted to and approved by the Air Quality Technical Advisory Committee and the Small Business Assistance Program Compliance Advisory Committee.

E.  Summary of the Regulatory Revisions

   The Department is proposing to delete definitions for the term ''Federal Reformulated Gasoline or RFG'' and eliminate RFG from the term ''compliant fuel.'' The Department also proposes to eliminate the references to RFG in §§ 126.301--126.303. In addition, the Department proposes to clarify the record retention requirements in § 126.302(c) (relating to recordkeeping and reporting) that records shall be kept onsite. Finally, the Department proposes to correct technical language in § 139.4(18) (relating to references).

F.  Benefits, Costs and Compliance

   Executive Order 1996-1 requires a cost/benefit analysis of the proposed amendments.

Compliance Costs

   There will be no increased cost to the regulated community as a result of this proposal. Since low RVP gasoline is already required in the area, there will be no additional cost to the public or to local or State government. Low RVP gasoline on average is 2 ¢ per gallon less than RFG gasoline.

Compliance Assistance Plan

   The Department plans to educate and assist the public and regulated community with understanding the newly revised requirements and how to comply with them. This will be accomplished through the Department's ongoing regional compliance assistance program.

Paperwork Requirements

   There will be no additional recordkeeping and reporting costs for an entity that sells or transfers gasoline intended for use in the seven-county Pittsburgh-Beaver Valley Area during the ozone season.

G.  Sunset Review

   These proposed amendments will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the amendments effectively fulfill the goals for which they were intended.

H.  Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 8, 1998, the Department submitted a copy of the proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate and House Environmental Resources and Energy Committees. In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Department. A copy of this material is available to the public upon request.

   If IRRC has objections to any portion of the proposed amendments, it will notify the Department within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for the Department, the Governor and the General Assembly to review these objections before final publication of the amendments.

I.  Public Comment and Public Hearing

Public Hearing

   The Board will hold one public hearing for the purpose of accepting comments on the proposed amendments. The hearing will be held at 2 p.m. on November 2, 1998, at the Department's Southwest Regional Office, 400 Waterfront Drive, Pittsburgh, PA.

   Persons wishing to present testimony at the hearing are asked to contact Kate Coleman at the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-4526, at least 1 week in advance of the hearing to reserve a time to present testimony. Oral testimony will be limited to 10 minutes for each witness and three written copies of the oral testimony must be submitted at the hearing. Each organization is requested to designate one witness to present testimony on its behalf.

   Persons with a disability who wish to attend the hearing and require an auxiliary aid, service or other accommodations to participate, should contact Kate Coleman at (717) 787-4526 or through the Pennsylvania AT&T relay service at (800) 654-5984 (TDD) to discuss how the Department may accommodate their needs.

Written Comments

   In lieu of or in addition to presenting oral testimony at the hearing, interested persons may submit written comments, suggestions or objections regarding the proposed amendments to the Environmental Quality Board, 15th Floor, Rachel Carson State Office Building, P. O. Box 8477, Harrisburg, PA 17105-8477. Comments received by facsimile will not be accepted. Comments must be received by December 2, 1998. In addition to the written comments, interested persons may also submit a summary of their comments to the Board. This summary may not exceed one page in length and must be received by December 2, 1998. The summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final-form regulations will be considered.

Electronic Comments

   Comments may be submitted electronically to the Board at A subject heading identifying the proposal and return name and address must be included in each transmission. Comments submitted electronically must also be received by the Board by December 2, 1998.


   Fiscal Note: 7-341. No fiscal impact; (8) recommends adoption.

Annex A






§ 121.1.  Definitions.

   The definitions in section 3 of the act (35 P. S. § 4003) apply to this article. In addition, the following words and terms, when used in this article, have the following meanings, unless the context clearly indicates otherwise:

*      *      *      *      *

   Compliant fuel--Low RVP gasoline [or RFG].

*      *      *      *      *

   [RFG--Federal Reformulated Gasoline--Gasoline that meets the requirements for RFG as specified in 40 CFR Part 80 Subpart D (relating to reformulated gasoline).]

*      *      *      *      *



§ 126.301.  Compliant fuel requirement.

*      *      *      *      *

   [(d)  If RFG is required by operation of Federal law to be sold in the Pittsburgh-Beaver Valley, this subchapter no longer applies after the date that RFG is required to be sold.]

§ 126.302.  Recordkeeping and reporting.

   (a)  Beginning with the terminal owner or operator who sells or transfers gasoline intended for use in the Pittsburgh-Beaver Valley area during the period described in § 126.301(a) (relating to compliant fuel requirement), each time the physical custody of or title to a shipment of gasoline changes hands, other than when gasoline is sold or transferred for use in motor vehicles at a retail outlet or wholesale purchaser-consumer's facility, the transferor shall provide to the transferee a copy of the record described in this subsection. This record shall legibly and conspicuously contain, at a minimum, the following information:

*      *      *      *      *

   (6)  A statement or grade code certifying that the gasoline has an RVP of 7.8 pounds per square inch or less per gallon [or is certified as RFG. If the gasoline is certified as RFG, each invoice, loading ticket, bill of lading, delivery ticket and other document that accompanies a shipment of RFG shall contain a statement from the refiner that certifies this fact].

*      *      *      *      *

   (c)  Each person in the gasoline distribution network shall maintain records containing the compliance information in subsection (a). These records shall be retained for at least 2 years from the date of the sale or transfer of compliant fuel, and shall be kept onsite at each point in the distribution network.

§ 126.303.  Compliance and test methods.

   [(a)]  * * *

*      *      *      *      *

   [(b)  RFG shall be certified and tested in accordance with 40 CFR Part 80, Subpart D (relating to reformulated gasoline).]




§ 139.4.  References.

   The references referred to in this chapter are as follows:

*      *      *      *      *

   (18)  ''Sampling Procedures for Fuel Volatility,'' 40 CFR Part 80, Appendix D (relating to [reformulated gasoline] sampling procedures for fuel volatility).

*      *      *      *      *

[Pa.B. Doc. No. 98-1551. Filed for public inspection September 25, 1998, 9:00 a.m.]

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