Regulation of Fuels and Fuel Additives: Extension of the Reformulated Gasoline Program to the East St. Louis, Illinois Ozone Nonattainment Area, 77615-77620 [E6-22162]
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Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Rules and Regulations
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
would not create an environmental risk
to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it would not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
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Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
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standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA)(42 U.S.C. 4321–
4370f), and have concluded that there
are no factors in this case that would
limit the use of a categorical exclusion
under section 2.B.2 of the Instruction.
Therefore, this rule is categorically
excluded, under figure 2–1, paragraph
(32) (e) of the Instruction, from further
environmental documentation because
it has been determined that the
promulgation of operating regulations
for drawbridges are categorically
excluded.
List of Subjects in 33 CFR Part 117
Bridges.
I For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
I
Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g);
Department of Homeland Security Delegation
No. 0170.1; section 117.255 also issued under
the authority of Pub. L. 102–587, 106 Stat.
5039.
2. Section 117.903 is amended by
revising paragraphs (a)(3) and (a)(13) to
read as follows:
I
§117.903
Darby Creek.
(a) * * *
(3) From April 1 through October 31,
the draw shall be left in the open
position at all times and will only be
lowered for the passage of trains and to
perform periodic maintenance
authorized in accordance with subpart
A of this part.
*
*
*
*
*
(13) From November 1 through March
31, the draw shall open on signal if at
least 24 hours notice is given by
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telephone at (856) 231–7088 or (856)
662–8201. Operational information will
be provided 24 hours a day by
telephone at (856) 231–7088 or (856)
662–8201.
*
*
*
*
*
Dated: December 14, 2006.
L.L. Hereth,
Rear Admiral, United States Coast Guard,
Commander, Fifth Coast Guard District.
[FR Doc. E6–22149 Filed 12–26–06; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
[EPA–HQ–OAR–2006–0841; FRL–8261–9]
Regulation of Fuels and Fuel
Additives: Extension of the
Reformulated Gasoline Program to the
East St. Louis, Illinois Ozone
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: Under section 211(k)(6) of the
Clean Air Act, the Administrator of EPA
shall require the sale of reformulated
gasoline (RFG) in an ozone
nonattainment area classified as
marginal, moderate, serious or severe
upon the application of the Governor of
the state in which the nonattainment
area is located. In this direct final
action, EPA is today extending the Act’s
prohibition against the sale of
conventional gasoline (i.e., gasoline that
is not RFG) to the Illinois portion of the
St. Louis, Missouri-Illinois 8-hour ozone
nonattainment area hereafter referred to
as the East St. Louis nonattainment area.
The RFG requirements will apply to
refiners and all other persons in the fuel
distribution system other than retailers
and wholesale purchaser-consumers on
May 1, 2007. For retailers and wholesale
purchaser-consumers, the requirements
of today’s rule will apply on June 1,
2007. As of the June 1, 2007
implementation date, this area will be
treated as a covered area for all purposes
of the federal RFG program.
DATES: This final rule is effective on
May 1, 2007 without further notice,
unless EPA receives adverse comments
by January 26, 2007. If adverse
comments are received, EPA will
publish a timely withdrawal of the
direct final rule in the Federal Register
and inform the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
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Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Rules and Regulations
OAR–2006–0841, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• Mail: Air Docket, Environmental
Protection Agency, Mailcode: 6102T,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460, Attention
Docket ID No. EPA–HQ–OAR–2006–
0841. Comments may also be e-mailed
to a-and-r-docket@epamail.epa.gov. In
addition, please mail a copy of your
comments on the information collection
provisions to the Office of Information
and Regulatory Affairs, Office of
Management and Budget (OMB), Attn:
Desk Officer for EPA, 725 17th St. NW.,
Washington, DC 20503.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2006–
0841. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or e-mail. The
https://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 https://
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.
Docket: All documents in the docket
are listed in the https://
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 https://
www.regulations.gov or in hard copy at
the Air Docket, EPA/DC, EPA West,
Room B102, 1301 Constitution Ave.,
NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Air Docket is (202) 566–
1742.
Note: The EPA Docket Center suffered
damage due to flooding during the last week
of June 2006. The Docket Center is
continuing to operate. However, during the
cleanup, there will be temporary changes to
NAICS
codes a
Category
Industry ..............................................................
Industry ..............................................................
324110
422710
422720
484220
484230
Industry ..............................................................
a North
SIC
codes b
2911
5171
5172
4212
4213
Docket Center telephone numbers, addresses,
and hours of operation for people who wish
to make hand deliveries or visit the Public
Reading Room to view documents. Consult
EPA’s Federal Register notice at 71 FR 38147
(July 5, 2006) or the EPA Web site at https://
www.epa.gov/epahome/dockets.htm for
current information on docket operations,
locations and telephone numbers. The
Docket Center’s mailing address for U.S. mail
and the procedure for submitting comments
to https://www.regulations.gov are not affected
by the flooding and will remain the same.
Kurt
Gustafson, Transportation and Regional
Programs Division (Mail Code 6406J),
Environmental Protection Agency, 1200
Pennsylvania Ave, NW., Washington,
DC 20460; telephone number: 202–343–
9219; fax number: 202–343–2800; email address: gustafson.kurt@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
General Information
Does This Action Apply to Me?
This action may affect you if you
produce, distribute, or sell gasoline for
use in the East St. Louis ozone
nonattainment area.
The table below gives some examples
of entities that may have to comply with
the regulations. However, since these
are only examples, you should carefully
examine these and other existing
regulations in 40 CFR part 80. If you
have any questions, please contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section above.
Regulated entities: Entities potentially
regulated by this action are those which
produce, supply or distribute motor
gasoline. Regulated categories and
entities include:
Examples of potentially regulated entities
Petroleum Refiners.
Gasoline Marketers and Distributors.
Gasoline Carriers.
American Industry Classification System (NAICS).
Industrial Classification (SIC) system code.
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b Standard
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this action. This table lists
the types of entities that EPA is now
aware could potentially be regulated by
this action. Other types of entities not
listed in the table could also be
regulated. To determine whether your
business is regulated by this action, you
should carefully examine the list of
areas covered by the reformulated
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gasoline program in Section 80.70 of
title 40 of the Code of Federal
Regulations. If you have questions
regarding the applicability of this action
to a particular entity, consult the person
listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
Additional Information
Under section 211(k)(6) of the Clean
Air Act, as amended (the Act), the
Administrator of EPA shall require the
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sale of reformulated gasoline in an
ozone nonattainment area classified as
marginal, moderate, serious, or severe
upon the application of the Governor of
the state in which the nonattainment
area is located. This final action extends
the prohibition set forth in section
211(k)(5) against the sale of
conventional (i.e., non-reformulated)
gasoline to the East St. Louis, Illinois
moderate ozone nonattainment area
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Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Rules and Regulations
(Jersey, Madison, Monroe, and St. Clair
Counties).
The Agency is adopting May 1, 2007,
as the implementation date of the
prohibition described herein for all
persons other than retailers and
wholesale purchaser-consumers (i.e.,
refiners, importers, and distributors).
For retailers and wholesale purchaserconsumers, EPA is adopting June 1,
2007 as the implementation of the
prohibition described. As of the
implementation date for retailers and
wholesale purchaser-consumers, the
East St. Louis ozone nonattainment area
will be a covered area for all purposes
in the federal RFG program.
Outline of This Preamble
I. Background
Opt-in Provision/Process
II. The Governor’s Request
III. Final Action
IV. Environmental Impact
V. 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
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health &
Safety Risks
H. Executive Order 13211: Actions That
Significantly Effect Energy Supply
I. National Technology Transfer
Advancement Act
J. Statutory Authority
K. Congressional Review Act
I. Background
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Opt-in Provision/Process
As part of the Clean Air Act
Amendments of 1990, Congress added a
new subsection (k) to section 211 of the
Act. Subsection (k) prohibits the sale of
conventional gasoline (i.e., gasoline that
EPA has not certified as reformulated)
in certain ozone nonattainment areas
beginning January 1, 1995. Section
211(k)(10)(D) defines the areas covered
by the reformulated gasoline (RFG)
program as the nine ozone
nonattainment areas having a 1980
population in excess of 250,000 and
having the highest ozone design values
during the period 1987 through 1989.1
In addition, under section 211(k)(10)(D),
any area reclassified as a severe ozone
nonattainment area under section 181(b)
is also included in the RFG program.
EPA first published final regulations for
1 Applying these criteria, EPA has determined the
nine covered areas to be the metropolitan areas
including Los Angeles, Houston, New York City,
Baltimore, Chicago, San Diego, Philadelphia,
Hartford and Milwaukee.
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the RFG program on February 16, 1994.
See 59 FR 7716.
Certain other ozone nonattainment
areas may be included in the program at
the request of the Governor of the state
in which the area is located. Section
211(k)(6)(A) provides that upon the
application of a Governor, EPA shall
apply the prohibition against selling
conventional gasoline in ‘‘any area in
the State classified under subpart 2 of
Part D of Title I as a marginal, moderate,
serious or severe’’ ozone nonattainment
area. Subparagraph 211(k)(6)(A) further
provides that EPA is to apply the
prohibition as of the date the
Administrator ‘‘deems appropriate, not
later than January 1, 1995, or 1 year after
such application is received, whichever
is later.’’ In some cases the effective date
may be extended for such an area as
provided in section 211(k)(6)(B) based
on a determination by EPA that there is
‘‘insufficient domestic capacity to
produce’’ RFG. EPA is to publish a
Governor’s application in the Federal
Register.
II. The Governor’s Request
EPA received an application July 10,
2006 from the Honorable Rod R.
Blagojevich, Governor of the State of
Illinois, for the East St. Louis ozone
nonattainment area to be included in
the reformulated gasoline program. The
Governor’s letter is set out in full below.
July 10, 2006.
Mr. Stephen L. Johnson,
U.S. Environmental Protection Agency, 401
M Street, SW., Washington, DC 20460.
Dear Administrator Johnson: Pursuant to
Section 211(k)(6) of the Clean Air Act (CAA),
I hereby formally request the U.S.
Environmental Protection Agency (EPA) to
extend the requirement for the sale of
Reformulated Gasoline (RFG) to the Illinois
portion of the St. Louis ozone non-attainment
area. The pertinent Illinois counties include
Jersey, Madison, Monroe, and St. Clair. I
request that the RFG program be
implemented beginning January 1, 2007.
Implementation of the RFG program in the
Metro-East St. Louis RFG area will provide
additional volatile organic compound
emission reductions, which will assist the
region in attaining the 8-hour ozone standard
by 2010. The required use of RFG, which is
currently in use in St. Louis Missouri, will
also replace the summertime low volatility
gasoline requirement in the Metro-East area,
removing the need for a ‘‘boutique’’ fuel and
simplifying gasoline supply in the region.
Thank you for your attention to this matter.
I look forward to the successful
implementation of the RFG program in the
Metro-East area and to the attainment of the
national air quality standards in the St. Louis
region. If you have any questions regarding
this request, please contact Mr. Douglas P.
Scott, Director of the Illinois Environmental
Protection Agency at 217 782–3397.
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Sincerely,
Rod R. Blagojevich,
Governor.
cc: USEPA, Region V.
III. Final Action
The RFG program includes seasonal
requirements. Summertime RFG must
meet certain VOC control requirements
to reduce emissions of volatile organic
compounds (VOCs), an ozone precursor.
Under the RFG program, there are two
compliance dates for VOC-controlled
RFG. At the refinery level, and all other
points in the distribution system other
than the retail level, compliance with
RFG VOC-control requirements is
required from May 1 to September 15.
At the retail level (service stations and
wholesale purchaser-consumers),
compliance is required from June 1 to
September 15. See 40 CFR 80.78
(a)(1)(v). Pipeline requirements and
demands for RFG from the supply
industry drive refineries to establish
their own internal compliance date
earlier than May so that they can then
assure that terminals are capable of
meeting the RFG VOC-control
requirements by May 1.
Based on our evaluation of the
appropriate lead time and start date(s)
and pursuant to the Governor’s letter
and the provisions of section 211(k)(6),
EPA is today adopting regulations that
apply the prohibitions of subsection
211(k)(5) to the East St. Louis, Illinois
ozone nonattainment area as of May 1,
2007, for all persons other than retailers
and wholesale purchaser-consumers.
This date applies to the refinery level
and all other points in the distribution
system other than the retail level. For
retailers and wholesale purchaserconsumers, EPA is adopting regulations
that apply the prohibitions of subsection
211(k)(5) to the East St. Louis, Illinois
ozone nonattainment area on June 1,
2007. As of the June 1, 2007
implementation date, this area will be
treated as a covered area for all purposes
of the federal RFG program.
The application of the prohibition of
section 211(k)(5) to the East St. Louis
ozone nonattainment area could take
effect no later than July 10, 2007, under
section 211(k)(6)(A), which stipulates
that the effective program date must be
no ‘‘later than January 1, 1995 or 1 year
after [the Governor’s] application is
received, whichever is later.’’ The
Governor of Illinois asked that EPA
establish January 1, 2007, as the RFG
implementation date.
EPA believes the implementation
dates adopted today achieve a
reasonable balance between requiring
the earliest possible start dates to
achieve air quality benefits in East St.
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Louis and providing adequate lead time
for industry to prepare for program
implementation. These dates are
consistent with the State’s request that
EPA require RFG to be sold in the East
St. Louis area in advance of the
beginning of the high ozone season,
which begins June 1. These dates will
provide environmental benefits by
allowing East St. Louis to achieve VOC
reduction benefits for the 2007 VOC
control season.
EPA has concluded, based on its
analysis of available information, that
the refining and distribution industry’s
capacity to supply federal RFG to East
St. Louis this summer exceeds the
estimated demand. EPA has also
concluded that the implementation
dates adopted today provide adequate
lead time to industry to set up storage
and sales agreements to ensure supply
of RFG to the East St. Louis ozone
nonattainment area. If adverse comment
is received and this direct final rule is
withdrawn, EPA will finalize the
companion proposal also published in
today’s Federal Register. That proposal
also includes a May 1, 2007,
implementation date for parties other
than retailers and wholesale purchaserconsumers, and a June 1, 2007
implementation date for retailers and
wholesale purchaser-consumers.
Although section 211(k)(6) provides
EPA some discretion to establish the
effective date for the application of RFG
requirements in marginal, moderate,
serious or severe ozone nonattainment
areas subject to a Governor’s petition,
and allows EPA to consider whether
there is sufficient domestic capacity to
produce RFG in establishing the
effective date for such requirements,
EPA does not have discretion to deny a
Governor’s request. Therefore, the scope
of this action is limited to setting an
effective date for East St. Louis’ opt-in
to the RFG program, and not to decide
whether St. Louis should in fact opt in.
EPA considers that July 10, 2007 would
be the latest possible effective date,
since EPA expects there to be sufficient
domestic capacity to produce RFG and
therefore has no current reason to
extend the effective date beyond one
year after July 10, 2006 under section
211(k)(6)(B). Selection of the May 1/
June 1 effective date coincides with the
start of the summer RFG VOC control
period and is the only practical date
available for consideration. EPA does
not have the authority to extend the date
beyond July 10, 2007 absent supply
issues and there is no justifiable reason
to select a date between June 1 and July
10, 2007. For this reason we view this
as a noncontroversial amendment,
anticipate no adverse comment, and are
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publishing this action as a direct final
rule without prior proposal. However,
in the ‘‘Proposed Rules’’ section of this
Federal Register publication, we are
publishing a separate document that
will serve as the proposal for a rule
amendment should adverse comments
be filed. That proposal also includes
effective dates of May 1, 2007 and June
1, 2007. This direct final rule will be
effective May 1, 2007 without further
notice unless the Agency receives
adverse comments by January 26, 2007.
If EPA receives adverse comments, we
will publish in the Federal Register a
timely withdrawal of the direct final
rule informing the public that the rule
will not take effect. We will address all
public comments in a subsequent final
rule based on the proposed rule. EPA
will not institute a second comment
period on this rule. Any parties
interested in commenting on this rule
should do so at this time.
IV. Environmental Impact
The federal RFG program typically
results in reductions in ozone-forming
emissions and air toxics. Reductions in
ozone precursors are environmentally
significant because they lead to
reductions in ozone formation, with the
associated improvements in human
health and welfare. Exposure to groundlevel ozone (or smog) can cause
respiratory problems, chest pain, and
coughing and may worsen bronchitis,
emphysema, and asthma. Animal
studies suggest that long-term exposure
(months to years) to ozone can damage
lung tissue and may lead to chronic
respiratory illness. Reductions in
emissions of toxic air pollutants are
environmentally important because they
carry significant benefits for human
health and welfare primarily by
reducing the number of cancer cases
each year.
Illinois EPA analyzed the emissions
benefits which could be achieved by
switching from 7.2 RVP fuel to RFG.
Using the U.S. EPA’s MOBILE6a model,
Illinois projected that year 2010 motor
vehicle VOC emissions could be
reduced by 5.4 percent and carbon
monoxide by 2.2 percent. The use of
RFG in the Metro-East area would also
decrease benzene emissions by 75 tons
per year, which equates to a 44 percent
reduction from motor vehicles. On a
total toxic emissions basis, the use of
RFG would reduce emissions of the five
primary motor vehicle related air toxics
by 63 tons per year in 2010, a total
percentage reduction of 23.5 percent.
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V. 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. EPA
notes that the economic impacts of the
RFG program were assessed in EPA’s
Regulatory Impact Analysis for the 1994
RFG rules. See 59 FR 7810–7811
(February 16, 1994). In that analysis the
production cost of RFG was estimated to
be 4 to 8 cents more per gallon than
conventional gasoline. Since
conventional gas regulations have
evolved since that time to be more like
RFG and since the State has a low RVP
requirement that also more closely
resembles RFG, EPA expects the costs of
RFG in the East St. Louis area to be at
the low end or lower than this range.
Nonetheless, using the 4 to 8 cent per
gallon estimate, the cost of the program
in East St. Louis would be significantly
lower than the trigger for a significant
regulatory action.
B. Paperwork Reduction Act
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. The Office
of Management and Budget (OMB) has
approved the information collection
requirements that apply to the RFG/antidumping program (see 59 FR 7716,
February 16, 1994), and has assigned
OMB control number 2060–0277 (EPA
ICR No. 1951.08).
Burden means the total time, effort, or
financial resources expended by persons
to generate, maintain, retain, or disclose
or provide information to or for a
Federal agency. This includes the time
needed to review instructions; develop,
acquire, install, and utilize technology
and systems for the purposes of
collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
An agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. The OMB control
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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 rule on small entities, small
entity is defined as: (1) A small business
that has not more than 1,500 employees
(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-forprofit enterprise which is independently
owned and operated and is not
dominant in its field.
In promulgating the RFG and the
related anti-dumping regulations for
conventional gasoline, the Agency
analyzed the impact of the regulations
on small businesses. The Agency
concluded that the regulations may
possibly have some economic effect on
a substantial number of small refiners,
but that the regulations may not
significantly affect other small entities,
such as gasoline blenders, terminal
operators, service stations and ethanol
blenders. See 59 FR 7810–7811
(February 16, 1994). As stated in the
preamble to the final RFG/anti-dumping
rule, exempting small refiners from the
RFG regulations would result in the
failure of meeting CAA standards. 59 FR
7810. However, since most small
refiners are located in the mountain
states or in California, which has its
own RFG program, the vast majority of
small refiners are unaffected by the
federal RFG requirements (although all
refiners of conventional gasoline are
subject to the anti-dumping
requirements). Moreover, all businesses,
large and small, maintain the option to
produce conventional gasoline to be
sold in areas not obligated by the Act to
receive RFG or those areas which have
not chosen to opt into the RFG program.
A complete analysis of the effect of the
RFG/anti-dumping regulations on small
businesses is contained in the
Regulatory Flexibility Analysis which
was prepared for the RFG and antidumping rulemaking, and can be found
in the docket for that rulemaking. The
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17:07 Dec 26, 2006
Jkt 211001
docket number is: EPA Air Docket A–
92–12.
Today’s action will affect only those
refiners, importers or blenders of
gasoline that choose to produce or
import RFG for sale in the East St. Louis
ozone nonattainment area, and gasoline
distributors and retail stations in those
areas. As discussed above, EPA
determined that, because of their
location, the vast majority of small
refiners would be unaffected by the RFG
requirements. For the same reason, most
small refiners will be unaffected by
today’s action. Other small entities,
such as gasoline distributors and retail
stations located in East St. Louis, which
will become a covered area as a result
of today’s action, will be subject to the
same requirements as those small
entities which are located in current
RFG covered areas. The Agency did not
find the RFG regulations to significantly
affect these entities. Based on this, EPA
certifies that this direct final rule would
not have a significant adverse impact on
a substantial number of small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local,
and tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may
result in expenditures to State, local,
and tribal governments, in the aggregate,
or to the private sector, of $100 million
or more in any one year. Before
promulgating an EPA rule for which a
written statement is needed, section 205
of the UMRA generally requires EPA to
identify and consider a reasonable
number of regulatory alternatives and
adopt the least costly, most costeffective or least burdensome alternative
that achieves the objectives of the rule.
The provisions of section 205 do not
apply when they are inconsistent with
applicable law. Moreover, section 205
allows EPA to adopt an alternative other
than the least costly, most cost-effective
or least burdensome alternative if the
Administrator publishes with the final
rule an explanation why that alternative
was not adopted. Before EPA establishes
any regulatory requirements that may
significantly or uniquely affect small
governments, including tribal
governments, it must have developed
under section 203 of the UMRA a small
government agency plan. The plan must
provide for notifying potentially
affected small governments, enabling
PO 00000
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Fmt 4700
Sfmt 4700
77619
officials of affected small governments
to have meaningful and timely input in
the development of EPA regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising
small governments on compliance with
the regulatory requirements.
EPA has determined that 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. Thus,
today’s rule is not subject to the
requirements of sections 202 and 205 of
the UMRA. Although EPA does not
believe that UMRA imposes
requirements for this rulemaking, EPA
notes that the environmental and
economic impacts of the RFG program
were assessed in EPA’s Regulatory
Impact Analysis for the 1994 RFG rules.
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 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. The rule would
only impose requirements on certain
refiners and other entities in the
gasoline distribution system, and not on
States. The requirements of the rule will
be enforced by the federal government
at the national level. Thus, Executive
Order 13132 does not apply to this rule.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
E:\FR\FM\27DER1.SGM
27DER1
77620
Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Rules and Regulations
implications.’’ This direct final rule
does not have tribal implications, as
specified in Executive Order 13175.
Today’s direct final rule will affect only
those refiners, importers or blenders of
gasoline that choose to produce or
import RFG for sale in the East St. Louis
ozone nonattainment area, and gasoline
distributors and retail stations in those
areas. Thus, Executive Order 13175 does
not apply to this rule.
G. Executive Order 13045: Protection of
Children From Environmental Health &
Safety Risks
Executive Order 13045, entitled
Protection of Children from
Environmental Health and Safety Risks,
(62 FR 19885, April 23, 1997) applies to
any rule that: (1) As determined to be
‘‘economically significant’’ as defined
under Executive Order 12866, and (2)
concerns an environmental health or
safety risk that EPA has reason to
believe may have a disproportionate
effect on children. If the regulatory
action meets both criteria, the Agency
must evaluate the environmental health
or safety effects of the planned rule on
children, and explain why the planned
regulation is preferable to other
potentially effective and reasonably
feasible alternatives considered by the
Agency.
EPA interprets Executive Order 13045
as applying only to those regulatory
actions that are based on health or safety
risks, such that the analysis required
under section 5–501 of the Order has
the potential to influence the regulation.
This rule is not subject to Executive
Order 13045 because it is not
economically significant.
rwilkins on PROD1PC63 with RULES
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply
This rule is not subject to Executive
Order 13211, ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ [66
FR 28355 (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 Public Law 104–113,
the National Technology Transfer and
Advancement Act of 1995 (NTTAA),
directs us to use voluntary consensus
standards in our regulatory activities
unless it 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)
developed or adopted by voluntary
consensus standards bodies. The
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17:07 Dec 26, 2006
Jkt 211001
NTTAA directs us to provide Congress,
through OMB, explanations when we
decide not to use available and
applicable voluntary consensus
standards. This direct final rulemaking
does not involve technical standards.
Therefore, EPA is not considering the
use of any voluntary consensus
standards.
J. Statutory Authority
The Statutory authority for the action
finalized today is granted to EPA by
sections 211(c) and (k) and 301 of the
Clean Air Act, as amended; 42 U.S.C.
7545(c) and (k) and 7601.
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 the
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 May 1, 2007.
List of Subjects in 40 CFR Part 80
Environmental protection, Air
pollution control, Fuel additives,
Gasoline, Motor vehicle pollution.
Dated: December 20, 2006.
Stephen L. Johnson,
Administrator.
I
40 CFR part 80 is amended as follows:
PART 80—[AMENDED]
1. The authority citation for part 80
continues to read as follows:
I
Authority: 42 U.S.C. 7414, 7545, 7542, and
7601(a).
2. Section 80.70 is amended by adding
paragraph (k)(2) to read as follows:
I
§ 80.70
Covered areas.
*
*
*
*
*
(k) * * *
(2) The Illinois portion of the St.
Louis, MO–IL 8-hour ozone
nonattainment area is a covered area
beginning June 1, 2007. The
prohibitions of section 211(k)(5) of the
Clean Air Act apply to all persons other
than retailers and wholesale purchaserconsumers in the Illinois portion of the
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Frm 00038
Fmt 4700
Sfmt 4700
St. Louis, MO–IL 8-hour ozone
nonattainment area beginning May 1,
2007. The prohibitions of section
211(k)(5) of the Clean Air Act apply to
retailers and wholesale purchaserconsumers in the Illinois portion of the
St. Louis, MO–IL 8-hour ozone
nonattainment area beginning June 1,
2007.
*
*
*
*
*
[FR Doc. E6–22162 Filed 12–26–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2006–0788; FRL–8108–8]
Fluthiacet-methyl; Pesticide Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: This regulation establishes a
tolerance for combined residues of
fluthiacet-methyl in or on cotton, gin
byproducts and cotton, undelinted seed.
K-I Chemical U.S.A. Inc. requested this
tolerance under the Federal Food, Drug,
and Cosmetic Act (FFDCA), as amended
by the Food Quality Protection Act of
1996 (FQPA).
DATES: This regulation is effective
December 27, 2006. Objections and
requests for hearings must be received
on or before February 26, 2007, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2006–0788. All documents in the
docket are listed in the index for the
docket. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S-4400,
One Potomac Yard (South Building),
2777 S. Crystal Drive, Arlington, VA.
The Docket Facility is open from 8:30
a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket
telephone number is (703) 305–5805.
E:\FR\FM\27DER1.SGM
27DER1
]]>Agencies
[Federal Register Volume 71, Number 248 (Wednesday, December 27, 2006)]
[Rules and Regulations]
[Pages 77615-77620]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-22162]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[EPA-HQ-OAR-2006-0841; FRL-8261-9]
Regulation of Fuels and Fuel Additives: Extension of the
Reformulated Gasoline Program to the East St. Louis, Illinois Ozone
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: Under section 211(k)(6) of the Clean Air Act, the
Administrator of EPA shall require the sale of reformulated gasoline
(RFG) in an ozone nonattainment area classified as marginal, moderate,
serious or severe upon the application of the Governor of the state in
which the nonattainment area is located. In this direct final action,
EPA is today extending the Act's prohibition against the sale of
conventional gasoline (i.e., gasoline that is not RFG) to the Illinois
portion of the St. Louis, Missouri-Illinois 8-hour ozone nonattainment
area hereafter referred to as the East St. Louis nonattainment area.
The RFG requirements will apply to refiners and all other persons in
the fuel distribution system other than retailers and wholesale
purchaser-consumers on May 1, 2007. For retailers and wholesale
purchaser-consumers, the requirements of today's rule will apply on
June 1, 2007. As of the June 1, 2007 implementation date, this area
will be treated as a covered area for all purposes of the federal RFG
program.
DATES: This final rule is effective on May 1, 2007 without further
notice, unless EPA receives adverse comments by January 26, 2007. If
adverse comments are received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
[[Page 77616]]
OAR-2006-0841, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
Mail: Air Docket, Environmental Protection Agency,
Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460,
Attention Docket ID No. EPA-HQ-OAR-2006-0841. Comments may also be e-
mailed to a-and-r-docket@epamail.epa.gov. In addition, please mail a
copy of your comments on the information collection provisions to the
Office of Information and Regulatory Affairs, Office of Management and
Budget (OMB), Attn: Desk Officer for EPA, 725 17th St. NW., Washington,
DC 20503.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0841. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://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 https://www.regulations.gov or e-mail. The https://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 https://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.
Docket: All documents in the docket are listed in the https://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 https://www.regulations.gov or in hard copy at the Air Docket, EPA/
DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC.
The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is (202) 566-1744, and the telephone number for the
Air Docket is (202) 566-1742.
Note: The EPA Docket Center suffered damage due to flooding
during the last week of June 2006. The Docket Center is continuing
to operate. However, during the cleanup, there will be temporary
changes to Docket Center telephone numbers, addresses, and hours of
operation for people who wish to make hand deliveries or visit the
Public Reading Room to view documents. Consult EPA's Federal
Register notice at 71 FR 38147 (July 5, 2006) or the EPA Web site at
https://www.epa.gov/epahome/dockets.htm for current information on
docket operations, locations and telephone numbers. The Docket
Center's mailing address for U.S. mail and the procedure for
submitting comments to https://www.regulations.gov are not affected
by the flooding and will remain the same.
FOR FURTHER INFORMATION CONTACT: Kurt Gustafson, Transportation and
Regional Programs Division (Mail Code 6406J), Environmental Protection
Agency, 1200 Pennsylvania Ave, NW., Washington, DC 20460; telephone
number: 202-343-9219; fax number: 202-343-2800; e-mail address:
gustafson.kurt@epa.gov.
SUPPLEMENTARY INFORMATION:
General Information
Does This Action Apply to Me?
This action may affect you if you produce, distribute, or sell
gasoline for use in the East St. Louis ozone nonattainment area.
The table below gives some examples of entities that may have to
comply with the regulations. However, since these are only examples,
you should carefully examine these and other existing regulations in 40
CFR part 80. If you have any questions, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.
Regulated entities: Entities potentially regulated by this action
are those which produce, supply or distribute motor gasoline. Regulated
categories and entities include:
------------------------------------------------------------------------
Examples of
NAICS SIC codes potentially
Category codes \a\ \b\ regulated
entities
------------------------------------------------------------------------
Industry....................... 324110 2911 Petroleum
Refiners.
Industry....................... 422710 5171 Gasoline
Marketers and
Distributors.
422720 5172 .................
Industry....................... 484220 4212 Gasoline
Carriers.
484230 4213 .................
------------------------------------------------------------------------
\a\ North American Industry Classification System (NAICS).
\b\ Standard Industrial Classification (SIC) system code.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your business is regulated by this action, you should carefully examine
the list of areas covered by the reformulated gasoline program in
Section 80.70 of title 40 of the Code of Federal Regulations. If you
have questions regarding the applicability of this action to a
particular entity, consult the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
Additional Information
Under section 211(k)(6) of the Clean Air Act, as amended (the Act),
the Administrator of EPA shall require the sale of reformulated
gasoline in an ozone nonattainment area classified as marginal,
moderate, serious, or severe upon the application of the Governor of
the state in which the nonattainment area is located. This final action
extends the prohibition set forth in section 211(k)(5) against the sale
of conventional (i.e., non-reformulated) gasoline to the East St.
Louis, Illinois moderate ozone nonattainment area
[[Page 77617]]
(Jersey, Madison, Monroe, and St. Clair Counties).
The Agency is adopting May 1, 2007, as the implementation date of
the prohibition described herein for all persons other than retailers
and wholesale purchaser-consumers (i.e., refiners, importers, and
distributors). For retailers and wholesale purchaser-consumers, EPA is
adopting June 1, 2007 as the implementation of the prohibition
described. As of the implementation date for retailers and wholesale
purchaser-consumers, the East St. Louis ozone nonattainment area will
be a covered area for all purposes in the federal RFG program.
Outline of This Preamble
I. Background
Opt-in Provision/Process
II. The Governor's Request
III. Final Action
IV. Environmental Impact
V. 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
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health & Safety Risks
H. Executive Order 13211: Actions That Significantly Effect
Energy Supply
I. National Technology Transfer Advancement Act
J. Statutory Authority
K. Congressional Review Act
I. Background
Opt-in Provision/Process
As part of the Clean Air Act Amendments of 1990, Congress added a
new subsection (k) to section 211 of the Act. Subsection (k) prohibits
the sale of conventional gasoline (i.e., gasoline that EPA has not
certified as reformulated) in certain ozone nonattainment areas
beginning January 1, 1995. Section 211(k)(10)(D) defines the areas
covered by the reformulated gasoline (RFG) program as the nine ozone
nonattainment areas having a 1980 population in excess of 250,000 and
having the highest ozone design values during the period 1987 through
1989.\1\ In addition, under section 211(k)(10)(D), any area
reclassified as a severe ozone nonattainment area under section 181(b)
is also included in the RFG program. EPA first published final
regulations for the RFG program on February 16, 1994. See 59 FR 7716.
---------------------------------------------------------------------------
\1\ Applying these criteria, EPA has determined the nine covered
areas to be the metropolitan areas including Los Angeles, Houston,
New York City, Baltimore, Chicago, San Diego, Philadelphia, Hartford
and Milwaukee.
---------------------------------------------------------------------------
Certain other ozone nonattainment areas may be included in the
program at the request of the Governor of the state in which the area
is located. Section 211(k)(6)(A) provides that upon the application of
a Governor, EPA shall apply the prohibition against selling
conventional gasoline in ``any area in the State classified under
subpart 2 of Part D of Title I as a marginal, moderate, serious or
severe'' ozone nonattainment area. Subparagraph 211(k)(6)(A) further
provides that EPA is to apply the prohibition as of the date the
Administrator ``deems appropriate, not later than January 1, 1995, or 1
year after such application is received, whichever is later.'' In some
cases the effective date may be extended for such an area as provided
in section 211(k)(6)(B) based on a determination by EPA that there is
``insufficient domestic capacity to produce'' RFG. EPA is to publish a
Governor's application in the Federal Register.
II. The Governor's Request
EPA received an application July 10, 2006 from the Honorable Rod R.
Blagojevich, Governor of the State of Illinois, for the East St. Louis
ozone nonattainment area to be included in the reformulated gasoline
program. The Governor's letter is set out in full below.
July 10, 2006.
Mr. Stephen L. Johnson,
U.S. Environmental Protection Agency, 401 M Street, SW., Washington,
DC 20460.
Dear Administrator Johnson: Pursuant to Section 211(k)(6) of the
Clean Air Act (CAA), I hereby formally request the U.S.
Environmental Protection Agency (EPA) to extend the requirement for
the sale of Reformulated Gasoline (RFG) to the Illinois portion of
the St. Louis ozone non-attainment area. The pertinent Illinois
counties include Jersey, Madison, Monroe, and St. Clair. I request
that the RFG program be implemented beginning January 1, 2007.
Implementation of the RFG program in the Metro-East St. Louis
RFG area will provide additional volatile organic compound emission
reductions, which will assist the region in attaining the 8-hour
ozone standard by 2010. The required use of RFG, which is currently
in use in St. Louis Missouri, will also replace the summertime low
volatility gasoline requirement in the Metro-East area, removing the
need for a ``boutique'' fuel and simplifying gasoline supply in the
region.
Thank you for your attention to this matter. I look forward to
the successful implementation of the RFG program in the Metro-East
area and to the attainment of the national air quality standards in
the St. Louis region. If you have any questions regarding this
request, please contact Mr. Douglas P. Scott, Director of the
Illinois Environmental Protection Agency at 217 782-3397.
Sincerely,
Rod R. Blagojevich,
Governor.
cc: USEPA, Region V.
III. Final Action
The RFG program includes seasonal requirements. Summertime RFG must
meet certain VOC control requirements to reduce emissions of volatile
organic compounds (VOCs), an ozone precursor. Under the RFG program,
there are two compliance dates for VOC-controlled RFG. At the refinery
level, and all other points in the distribution system other than the
retail level, compliance with RFG VOC-control requirements is required
from May 1 to September 15. At the retail level (service stations and
wholesale purchaser-consumers), compliance is required from June 1 to
September 15. See 40 CFR 80.78 (a)(1)(v). Pipeline requirements and
demands for RFG from the supply industry drive refineries to establish
their own internal compliance date earlier than May so that they can
then assure that terminals are capable of meeting the RFG VOC-control
requirements by May 1.
Based on our evaluation of the appropriate lead time and start
date(s) and pursuant to the Governor's letter and the provisions of
section 211(k)(6), EPA is today adopting regulations that apply the
prohibitions of subsection 211(k)(5) to the East St. Louis, Illinois
ozone nonattainment area as of May 1, 2007, for all persons other than
retailers and wholesale purchaser-consumers. This date applies to the
refinery level and all other points in the distribution system other
than the retail level. For retailers and wholesale purchaser-consumers,
EPA is adopting regulations that apply the prohibitions of subsection
211(k)(5) to the East St. Louis, Illinois ozone nonattainment area on
June 1, 2007. As of the June 1, 2007 implementation date, this area
will be treated as a covered area for all purposes of the federal RFG
program.
The application of the prohibition of section 211(k)(5) to the East
St. Louis ozone nonattainment area could take effect no later than July
10, 2007, under section 211(k)(6)(A), which stipulates that the
effective program date must be no ``later than January 1, 1995 or 1
year after [the Governor's] application is received, whichever is
later.'' The Governor of Illinois asked that EPA establish January 1,
2007, as the RFG implementation date.
EPA believes the implementation dates adopted today achieve a
reasonable balance between requiring the earliest possible start dates
to achieve air quality benefits in East St.
[[Page 77618]]
Louis and providing adequate lead time for industry to prepare for
program implementation. These dates are consistent with the State's
request that EPA require RFG to be sold in the East St. Louis area in
advance of the beginning of the high ozone season, which begins June 1.
These dates will provide environmental benefits by allowing East St.
Louis to achieve VOC reduction benefits for the 2007 VOC control
season.
EPA has concluded, based on its analysis of available information,
that the refining and distribution industry's capacity to supply
federal RFG to East St. Louis this summer exceeds the estimated demand.
EPA has also concluded that the implementation dates adopted today
provide adequate lead time to industry to set up storage and sales
agreements to ensure supply of RFG to the East St. Louis ozone
nonattainment area. If adverse comment is received and this direct
final rule is withdrawn, EPA will finalize the companion proposal also
published in today's Federal Register. That proposal also includes a
May 1, 2007, implementation date for parties other than retailers and
wholesale purchaser-consumers, and a June 1, 2007 implementation date
for retailers and wholesale purchaser-consumers.
Although section 211(k)(6) provides EPA some discretion to
establish the effective date for the application of RFG requirements in
marginal, moderate, serious or severe ozone nonattainment areas subject
to a Governor's petition, and allows EPA to consider whether there is
sufficient domestic capacity to produce RFG in establishing the
effective date for such requirements, EPA does not have discretion to
deny a Governor's request. Therefore, the scope of this action is
limited to setting an effective date for East St. Louis' opt-in to the
RFG program, and not to decide whether St. Louis should in fact opt in.
EPA considers that July 10, 2007 would be the latest possible effective
date, since EPA expects there to be sufficient domestic capacity to
produce RFG and therefore has no current reason to extend the effective
date beyond one year after July 10, 2006 under section 211(k)(6)(B).
Selection of the May 1/June 1 effective date coincides with the start
of the summer RFG VOC control period and is the only practical date
available for consideration. EPA does not have the authority to extend
the date beyond July 10, 2007 absent supply issues and there is no
justifiable reason to select a date between June 1 and July 10, 2007.
For this reason we view this as a noncontroversial amendment,
anticipate no adverse comment, and are publishing this action as a
direct final rule without prior proposal. However, in the ``Proposed
Rules'' section of this Federal Register publication, we are publishing
a separate document that will serve as the proposal for a rule
amendment should adverse comments be filed. That proposal also includes
effective dates of May 1, 2007 and June 1, 2007. This direct final rule
will be effective May 1, 2007 without further notice unless the Agency
receives adverse comments by January 26, 2007.
If EPA receives adverse comments, we will publish in the Federal
Register a timely withdrawal of the direct final rule informing the
public that the rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. EPA
will not institute a second comment period on this rule. Any parties
interested in commenting on this rule should do so at this time.
IV. Environmental Impact
The federal RFG program typically results in reductions in ozone-
forming emissions and air toxics. Reductions in ozone precursors are
environmentally significant because they lead to reductions in ozone
formation, with the associated improvements in human health and
welfare. Exposure to ground-level ozone (or smog) can cause respiratory
problems, chest pain, and coughing and may worsen bronchitis,
emphysema, and asthma. Animal studies suggest that long-term exposure
(months to years) to ozone can damage lung tissue and may lead to
chronic respiratory illness. Reductions in emissions of toxic air
pollutants are environmentally important because they carry significant
benefits for human health and welfare primarily by reducing the number
of cancer cases each year.
Illinois EPA analyzed the emissions benefits which could be
achieved by switching from 7.2 RVP fuel to RFG. Using the U.S. EPA's
MOBILE6a model, Illinois projected that year 2010 motor vehicle VOC
emissions could be reduced by 5.4 percent and carbon monoxide by 2.2
percent. The use of RFG in the Metro-East area would also decrease
benzene emissions by 75 tons per year, which equates to a 44 percent
reduction from motor vehicles. On a total toxic emissions basis, the
use of RFG would reduce emissions of the five primary motor vehicle
related air toxics by 63 tons per year in 2010, a total percentage
reduction of 23.5 percent.
V. 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. EPA notes that the
economic impacts of the RFG program were assessed in EPA's Regulatory
Impact Analysis for the 1994 RFG rules. See 59 FR 7810-7811 (February
16, 1994). In that analysis the production cost of RFG was estimated to
be 4 to 8 cents more per gallon than conventional gasoline. Since
conventional gas regulations have evolved since that time to be more
like RFG and since the State has a low RVP requirement that also more
closely resembles RFG, EPA expects the costs of RFG in the East St.
Louis area to be at the low end or lower than this range. Nonetheless,
using the 4 to 8 cent per gallon estimate, the cost of the program in
East St. Louis would be significantly lower than the trigger for a
significant regulatory action.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
The Office of Management and Budget (OMB) has approved the information
collection requirements that apply to the RFG/anti-dumping program (see
59 FR 7716, February 16, 1994), and has assigned OMB control number
2060-0277 (EPA ICR No. 1951.08).
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control
[[Page 77619]]
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 rule on small
entities, small entity is defined as: (1) A small business that has not
more than 1,500 employees (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.
In promulgating the RFG and the related anti-dumping regulations
for conventional gasoline, the Agency analyzed the impact of the
regulations on small businesses. The Agency concluded that the
regulations may possibly have some economic effect on a substantial
number of small refiners, but that the regulations may not
significantly affect other small entities, such as gasoline blenders,
terminal operators, service stations and ethanol blenders. See 59 FR
7810-7811 (February 16, 1994). As stated in the preamble to the final
RFG/anti-dumping rule, exempting small refiners from the RFG
regulations would result in the failure of meeting CAA standards. 59 FR
7810. However, since most small refiners are located in the mountain
states or in California, which has its own RFG program, the vast
majority of small refiners are unaffected by the federal RFG
requirements (although all refiners of conventional gasoline are
subject to the anti-dumping requirements). Moreover, all businesses,
large and small, maintain the option to produce conventional gasoline
to be sold in areas not obligated by the Act to receive RFG or those
areas which have not chosen to opt into the RFG program. A complete
analysis of the effect of the RFG/anti-dumping regulations on small
businesses is contained in the Regulatory Flexibility Analysis which
was prepared for the RFG and anti-dumping rulemaking, and can be found
in the docket for that rulemaking. The docket number is: EPA Air Docket
A-92-12.
Today's action will affect only those refiners, importers or
blenders of gasoline that choose to produce or import RFG for sale in
the East St. Louis ozone nonattainment area, and gasoline distributors
and retail stations in those areas. As discussed above, EPA determined
that, because of their location, the vast majority of small refiners
would be unaffected by the RFG requirements. For the same reason, most
small refiners will be unaffected by today's action. Other small
entities, such as gasoline distributors and retail stations located in
East St. Louis, which will become a covered area as a result of today's
action, will be subject to the same requirements as those small
entities which are located in current RFG covered areas. The Agency did
not find the RFG regulations to significantly affect these entities.
Based on this, EPA certifies that this direct final rule would not have
a significant adverse impact on a substantial number of small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
EPA has determined that 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. Thus, today's rule is not subject to the
requirements of sections 202 and 205 of the UMRA. Although EPA does not
believe that UMRA imposes requirements for this rulemaking, EPA notes
that the environmental and economic impacts of the RFG program were
assessed in EPA's Regulatory Impact Analysis for the 1994 RFG rules.
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 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. The rule would only impose
requirements on certain refiners and other entities in the gasoline
distribution system, and not on States. The requirements of the rule
will be enforced by the federal government at the national level. Thus,
Executive Order 13132 does not apply to this rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal
[[Page 77620]]
implications.'' This direct final rule does not have tribal
implications, as specified in Executive Order 13175. Today's direct
final rule will affect only those refiners, importers or blenders of
gasoline that choose to produce or import RFG for sale in the East St.
Louis ozone nonattainment area, and gasoline distributors and retail
stations in those areas. Thus, Executive Order 13175 does not apply to
this rule.
G. Executive Order 13045: Protection of Children From Environmental
Health & Safety Risks
Executive Order 13045, entitled Protection of Children from
Environmental Health and Safety Risks, (62 FR 19885, April 23, 1997)
applies to any rule that: (1) As determined to be ``economically
significant'' as defined under Executive Order 12866, and (2) concerns
an environmental health or safety risk that EPA has reason to believe
may have a disproportionate effect on children. If the regulatory
action meets both criteria, the Agency must evaluate the environmental
health or safety effects of the planned rule on children, and explain
why the planned regulation is preferable to other potentially effective
and reasonably feasible alternatives considered by the Agency.
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This rule is not subject to
Executive Order 13045 because it is not economically significant.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' [66 FR 28355 (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 Public Law 104-113, the National Technology
Transfer and Advancement Act of 1995 (NTTAA), directs us to use
voluntary consensus standards in our regulatory activities unless it
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) developed or adopted by voluntary consensus standards
bodies. The NTTAA directs us to provide Congress, through OMB,
explanations when we decide not to use available and applicable
voluntary consensus standards. This direct final rulemaking does not
involve technical standards. Therefore, EPA is not considering the use
of any voluntary consensus standards.
J. Statutory Authority
The Statutory authority for the action finalized today is granted
to EPA by sections 211(c) and (k) and 301 of the Clean Air Act, as
amended; 42 U.S.C. 7545(c) and (k) and 7601.
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 the 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 May 1, 2007.
List of Subjects in 40 CFR Part 80
Environmental protection, Air pollution control, Fuel additives,
Gasoline, Motor vehicle pollution.
Dated: December 20, 2006.
Stephen L. Johnson,
Administrator.
0
40 CFR part 80 is amended as follows:
PART 80--[AMENDED]
0
1. The authority citation for part 80 continues to read as follows:
Authority: 42 U.S.C. 7414, 7545, 7542, and 7601(a).
0
2. Section 80.70 is amended by adding paragraph (k)(2) to read as
follows:
Sec. 80.70 Covered areas.
* * * * *
(k) * * *
(2) The Illinois portion of the St. Louis, MO-IL 8-hour ozone
nonattainment area is a covered area beginning June 1, 2007. The
prohibitions of section 211(k)(5) of the Clean Air Act apply to all
persons other than retailers and wholesale purchaser-consumers in the
Illinois portion of the St. Louis, MO-IL 8-hour ozone nonattainment
area beginning May 1, 2007. The prohibitions of section 211(k)(5) of
the Clean Air Act apply to retailers and wholesale purchaser-consumers
in the Illinois portion of the St. Louis, MO-IL 8-hour ozone
nonattainment area beginning June 1, 2007.
* * * * *
[FR Doc. E6-22162 Filed 12-26-06; 8:45 am]
BILLING CODE 6560-50-P
