Regulation of Fuels and Fuel Additives: Federal Volatility Control Program in the Denver-Boulder-Greeley-Ft. Collins-Loveland, CO, 1997 8-Hour Ozone Nonattainment Area, 42619-42625 [E9-20290]
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Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Proposed Rules
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Catalog of Federal Domestic Assistance
Numbers and Titles
The Catalog of Federal Domestic
Assistance program numbers and titles
for this rule are 64.109, Veterans
Compensation for Service-Connected
Disability and 64.110, Veterans
Dependency and Indemnity
Compensation for Service-Connected
Death.
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List of Subjects in 38 CFR Part 3
Administrative practice and
procedure, Claims, Disability benefits,
Health care, Pensions, Radioactive
materials, Veterans, Vietnam.
Approved: June 29, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
For the reasons set out in the
preamble, VA proposes to amend 38
CFR part 3 as follows:
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PART 3—ADJUDICATION
Subpart A—Pension, Compensation,
and Dependency and Indemnity
Compensation
1. The authority citation for part 3,
subpart A continues to read as follows:
Authority: 38 U.S.C. 501(a), unless
otherwise noted.
2. Amend § 3.304 as follows.
a. Revise the introductory text of
paragraph (f).
b. Redesignate paragraphs (f)(3) and
(4) as paragraphs (f)(4) and (5)
respectively.
c. Add new paragraph (f)(3).
The revision and addition read as
follows:
§ 3.304 Direct service connection; wartime
and peacetime.
*
*
*
*
*
(f) Posttraumatic stress disorder.
Service connection for posttraumatic
stress disorder requires medical
evidence diagnosing the condition in
accordance with § 4.125(a) of this
chapter; a link, established by medical
evidence, between current symptoms
and an in-service stressor; and credible
supporting evidence that the claimed inservice stressor occurred. The following
provisions apply to claims for service
connection of posttraumatic stress
disorder diagnosed during service or
based on the specified type of claimed
stressor:
*
*
*
*
*
(3) If a stressor claimed by a veteran
is related to the veteran’s fear of hostile
military or terrorist activity and a VA
psychiatrist or psychologist, or a
psychiatrist or psychologist with whom
VA has contracted, confirms that the
claimed stressor is adequate to support
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disorder and that the veteran’s
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and provided the claimed stressor is
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circumstances of the veteran’s service,
the veteran’s lay testimony alone may
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in-service stressor. For purposes of this
paragraph, ‘‘fear of hostile military or
terrorist activity’’ means that a veteran
experienced, witnessed, or was
confronted with an event or
circumstance that involved actual or
threatened death or serious injury, or a
threat to the physical integrity of the
veteran or others, such as from an actual
or potential improvised explosive
device; vehicle-imbedded explosive
device; incoming artillery, rocket, or
mortar fire; grenade; small arms fire,
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including suspected sniper fire; or
attack upon friendly military aircraft,
and the veteran’s response to the event
or circumstance involved a
psychological or psycho-physiological
state of fear, helplessness, or horror.
*
*
*
*
*
[FR Doc. E9–20339 Filed 8–21–09; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
[EPA–HQ–OAR–2008–0924; FRL–8948–1]
RIN 2060–AP40
Regulation of Fuels and Fuel
Additives: Federal Volatility Control
Program in the Denver-BoulderGreeley-Ft. Collins-Loveland, CO, 1997
8-Hour Ozone Nonattainment Area
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: This action proposes to
establish an applicable standard of 7.8
pounds per square inch (psi) Reid vapor
pressure (RVP) under the federal
volatility control program in the DenverBoulder-Greeley-Ft. Collins-Loveland,
Colorado, 1997 8-hour ozone
nonattainment area during the high
ozone season—June 1st to September
15th of each year—beginning in 2010.
This action would require the use of 7.8
psi RVP gasoline in Adams, Arapahoe,
Boulder, Broomfield, Denver, Douglas
and Jefferson counties, and in portions
of Larimer, and Weld counties.
DATES: Comments. Comments must be
received on or before September 23,
2009, unless a public hearing is
requested by September 14, 2009.
Public Hearing. To request a public
hearing, contact Sean Hillson at (734)
214–4789 or hillson.sean@epa.gov. If a
hearing is requested no later than
September 14, 2009, a hearing will be
held at a time and place to be published
in the Federal Register. Persons wishing
to testify at a public hearing must
contact Sean Hillson at (734) 214–4789,
and submit copies of their testimony to
the docket and to Sean Hillson at the
addresses below, no later than 10 days
prior to the hearing. After any such
hearing, the docket for this rulemaking
will remain open for an additional 30
days to receive comments. If a hearing
is held, EPA will publish a notice in the
Federal Register extending the
comment period for 30 days after the
hearing.
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Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Proposed Rules
Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2008–0924, by one of the
following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• E-mail: a-and-r-docket@epa.gov.
• Fax: (202) 566–1741.
• Mail: Air and Radiation Docket,
EPA, Mailcode: 6102T, 1200
Pennsylvania Ave., NW., Washington,
DC 20460. Attention Docket ID No.
EPA–HQ–OAR–2008–0924. Please
include a duplicate copy, if possible.
We request that a separate copy of each
public comment also be sent to the
contact person listed below (see FOR
FURTHER INFORMATION CONTACT).
Hand Delivery: Air and Radiation
Docket, EPA, Room B–102, 1301
Constitution Ave., NW., Washington,
DC 20004. Such deliveries are only
accepted during the Docket’s normal
hours of operation and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2008–
0924. 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.
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ADDRESSES:
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Docket: The Docket ID No. for this
action is EPA–HQ–OAR–2008–0924. 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 Public Reading Room, EPA/DC, EPA
West, Room B–102, 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 and Radiation
Docket is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT:
Sean Hillson, Office of Transportation
and Air Quality, Transportation and
Regional Programs Division, Mailcode
AASMCG, Environmental Protection
Agency, 2000 Traverwood Drive, Ann
Arbor, MI 48105; telephone number:
(734) 214–4789; fax number: (734)
214–4052; e-mail address:
Hillson.Sean@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean
EPA. This document concerns the
amendment to EPA’s regulations
governing gasoline supplied to the
Denver-Boulder-Greeley-Ft. CollinsLoveland, CO, 8-hour ozone
nonattainment area.
Regulated Entities. Entities potentially
affected by this rule are fuel producers
and distributors who do business in
Colorado. Regulated entities include:
Examples of potentially regulated
entities
NAICS
codes a
Petroleum Refineries ........................
Gasoline Marketers and Distributors
324110
424710
424720
447110
484220
484230
Gasoline Retail Stations ...................
Gasoline Transporters ......................
a North
American
System (NAICS).
Industry
Classification
This table provides only a guide for
readers regarding entities likely to be
regulated by this action. You should
carefully examine the regulations in 40
CFR 80.27 to determine whether your
facility is impacted. If you have further
questions, call the person listed in the
FOR FURTHER INFORMATION CONTACT
section of this preamble.
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Outline
I. Introduction
II. What Is the History of Gasoline Volatility
Regulation?
III. What Are the EPA Rulemaking Actions
Addressing the Transition From the 1Hour to the 8-Hour Ozone NAAQS?
IV. What Information Supports More
Stringent Federal RVP Requirements in
Colorado’s 8-Hour Ozone Nonattainment
Areas?
A. History
B. Cost/Benefit Analysis
V. Proposed Action
VI. 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
and Safety Risks
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
VII. Legal Authority and Statutory Provisions
I. Introduction
Section 211(h) of the Clean Air Act
(CAA) requires that EPA promulgate
regulations establishing a maximum
RVP of 9.0 psi for gasoline introduced
into commerce during the high ozone
season. It also provides that EPA shall
‘‘establish more stringent Reid Vapor
Pressure standards in a nonattainment
area as the Administrator finds
necessary to generally achieve
comparable evaporative emissions (on a
per-vehicle basis) in nonattainment
areas, taking into consideration the
enforceability of such standards, the
need of an area for emission control,
and economic factors.’’ In today’s
action, EPA is proposing to establish an
applicable standard for gasoline at 7.8
pounds per square inch (psi) under the
federal volatility control program in the
Denver-Boulder-Greeley-Ft. CollinsLoveland, Colorado, 8-hour ozone
nonattainment area (as codified in
volume 40 of the Code of Federal
Regulations (CFR) Part 81) during the
high ozone season. This action would
require the use of 7.8 psi RVP gasoline
in Adams, Arapahoe, Boulder,
Broomfield, Denver, Douglas and
Jefferson counties, and in portions of
Larimer and Weld counties.
This notice describes our proposed
action to set the RVP limit for gasoline
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at 7.8 psi RVP gasoline in the DenverBoulder-Greeley-Ft. Collins-Loveland,
Colorado, 8-hour nonattainment area
during the high ozone season.
This preamble is organized into six
parts. Section I is this introduction.
Section II provides the history of federal
gasoline volatility regulation. Section III
describes EPA’s rulemaking actions to
transition from the 1-hour to the 8-hour
ozone standard. Section IV provides
information to support the Agency’s
proposed action regarding tightening of
the volatility standards in the prior
Denver Ozone Early Action Compact
(EAC) area that is now effectively
designated nonattainment under the
1997 8-hour ozone standard.1 Section V
summarizes the Agency’s proposed
action. Finally, Section VI is a review of
applicable statutory and Executive
Orders.
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II. What Is the History of Gasoline
Volatility Regulation?
In 1987, EPA determined that gasoline
nationwide had become increasingly
volatile, causing an increase in
evaporative emissions from gasolinepowered vehicles and equipment.2
Evaporative emissions from gasoline,
referred to as volatile organic
compounds (VOCs), are precursors to
the formation of tropospheric ozone and
contribute to the nation’s ground-level
ozone problem. Exposure to groundlevel ozone can reduce lung function
(thereby aggravating asthma or other
respiratory conditions), increase
susceptibility to respiratory infection,
and may contribute to premature death
in people with heart and lung disease.
Under section 211(c) of the Clean Air
Act (CAA or ‘‘the Act’’), we
promulgated regulations on March 22,
1989, that set maximum limits for the
RVP of gasoline sold during the summer
ozone control season—June 1st to
September 15th. These regulations were
referred to as Phase I of a two-phase
nationwide 3 program, which was
designed to reduce the volatility of
commercial gasoline during the summer
ozone control season.4 On June 11,
1990, EPA promulgated more stringent
volatility controls under Phase II of the
volatility control program.5 These
requirements established maximum
RVP standards of 9.0 psi or 7.8 psi
(depending on the State, the month, and
the area’s initial ozone attainment
designation with respect to the 1-hour
FR 53952 (Sept. 21, 2007).
FR 31274 (Aug. 19, 1987).
3 Hawaii, Alaska and U.S. territories were
exempted.
4 54 FR 11868 (Mar. 22, 1989).
5 55 FR 23658 (June 11, 1990).
ozone National Ambient Air Quality
Standard or ‘‘NAAQS’’) during the
ozone control season.
The 1990 CAA Amendments
established a new section, 211(h), to
address fuel volatility. Section 211(h)
requires EPA to promulgate regulations
making it unlawful to sell, offer for sale,
dispense, supply, offer for supply,
transport, or introduce into commerce
gasoline with an RVP level in excess of
9.0 psi during the ozone control season.
It further requires EPA to establish more
stringent RVP standards in
nonattainment areas if we find such
standards ‘‘necessary to generally
achieve comparable evaporative
emissions (on a per vehicle basis) in
nonattainment areas, taking into
consideration the enforceability of such
standards, the need of an area for
emission control, and economic
factors.’’ Section 211(h) prohibits EPA
from establishing a volatility standard
more stringent than 9.0 psi in an
attainment area, except that we may
impose a lower (more stringent)
standard in any former ozone
nonattainment area redesignated to
attainment.
On December 12, 1991, EPA modified
the Phase II volatility regulations to be
consistent with section 211(h) of the
CAA.6 The modified regulations
prohibited the sale of gasoline with an
RVP above 9.0 psi in all areas
designated attainment for the 1-hour
ozone standard, beginning in 1992. For
areas designated as nonattainment, the
regulations retained the original Phase II
standards published in 1990.7
III. What Are the EPA Rulemaking
Actions Addressing the Transition
From the 1-Hour to the 8-Hour Ozone
NAAQS?
In July 1997, EPA promulgated a
revised ozone standard which would be
measured over an 8-hour period, i.e., the
8-hour ozone NAAQS or standard.8 The
8-hr Ozone NAAQS rule was challenged
by numerous litigants and in May 1999,
the U.S. Court of Appeals for the D.C.
Circuit issued a decision remanding, but
not vacating, the 8-hour ozone standard.
In February 2001, the Supreme Court
upheld our authority to set the ozone
NAAQS and remanded the case to the
D.C. Circuit Court for disposition of
issues the Court did not address in its
initial decision.9 The Court of Appeals
addressed these remaining issues and
1 72
2 52
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6 56
FR 64704 (Dec. 12, 1991).
FR 23658 (June 11, 1990).
8 62 FR 38856 (July 18, 1997).
9 Whitman v. Am. Trucking Ass’ns, 531 U.S. 457
(2001).
7 55
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42621
upheld the 8-hour ozone NAAQS.10 In
April 2004, EPA designated and
classified areas for the 1997 8-hr ozone
standard.11
Additionally, in April 2004, we
promulgated the Phase 1 Ozone
Implementation rule that addressed the
revocation of the 1-hour ozone NAAQS
and identified the 1-hour requirements
that would remain applicable after
revocation (i.e., the ‘‘anti-backsliding
provisions’’).12 These requirements
varied based on areas’ designation for
the 1-hour standard and such areas’
designation for the 1997 8-hour ozone
NAAQS. Although the Phase 1 Ozone
implementation rule was challenged in
court and portions of the rule were
vacated, the vacated portions of the rule
are not relevant to today’s proposed
action.13
In November 2005, EPA promulgated
the Phase 2 Ozone Implementation rule
that addressed various control and
planning obligations that are applicable
to areas designated nonattainment for
the 1997 8-hour ozone NAAQS.14 No
part of the Phase 2 Ozone
implementation rule is relevant for
today’s proposed rulemaking.
IV. What Information Supports More
Stringent Federal RVP Requirements in
Colorado’s 8-Hour Nonattainment
Areas?
A. History
On November 6, 1991, we published
ozone nonattainment designations for
the 1-hour ozone NAAQS pursuant to
sections 107(d)(1)(C), 107(d)(2)(A), and
107(d)(4)(A) of the CAA.15 In that
action, we noted that the DenverBoulder area was designated
nonattainment by operation of law
under CAA Section 107(d)(1)(C) and we
classified it as a ‘‘transitional area’’ as
determined under section 185A of the
CAA. The Denver-Boulder
nonattainment area included the
following counties: all of Denver,
Douglas, and Jefferson Counties,
Boulder County, excluding the Rocky
Mountain National Park, and the
portions of Adams and Arapahoe
Counties west of Kiowa Creek. Because
the Denver-Boulder area was designated
as a transitional ozone nonattainment
area, the applicable volatility standard
for the Denver-Boulder area, under the
10 American Trucking Assoc. v. EPA, 195 F.3d 4
(D.C. Cir., 1999).
11 69 FR 23857 (Apr. 30, 2004).
12 69 FR 23951 (Apr. 30, 2004).
13 S. Coast Air Quality Mgmt. Dist. v. EPA, 472
F.3d 882 (D.C. Cir. 2006 rehearing denied S. Coast
Air Quality Mgmt. Dist. v. EPA, 2007 U.S. App.
Lexis 13751 (D.C. Cir. June 8, 2007).
14 70 FR 71612 (Nov. 29, 2005).
15 56 FR 56694 (Nov. 6, 1991).
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Federal RVP rule promulgated on
December 12, 1991, was 7.8 psi from
June 1 to September 15 beginning in
1992. From 1992 through 2003, and in
response to waiver petitions from the
Governor of Colorado, however, we
waived the 7.8 psi RVP standard for the
Denver area and required the 9.0 psi
standard instead. In depth discussions
of these past actions can be found in the
applicable Federal Register notices.16 In
2004, based on monitored violations, we
decided it was appropriate to require
compliance with the 7.8 psi RVP
standard in the Denver-Boulder area. As
a result, the 7.8 psi RVP standard
currently applies in the area that
comprised the original Denver-Boulder
1-hour ozone nonattainment area as
described in our November 6, 1991
Federal Register notice.17
As mentioned above, in 1997, EPA
adopted a new, more stringent ozone
NAAQS based on the latest ozone health
effects information. The standard was
set at a level of 0.08 ppm averaged over
an 8-hour period. Attainment of the
standard is based on the 4th maximum
8-hour ozone concentration recorded at
each monitoring location each year,
averaged over a three-year period.
State and regional agencies in the
Denver metropolitan area entered into a
voluntary agreement with EPA in
December 2002 that laid out a process
for achieving attainment with EPA’s
1997 8-hour ozone standard in an
expeditious manner, but no later than
December 31, 2007. Called the Early
Action Compact for Ozone (EAC), the
agreement sets forth a schedule for the
development of technical information
and the adoption of control measures
into the State Implementation Plan (SIP)
needed to comply with the 8-hour
standard by December 31, 2007 and
maintain the standard beyond that date.
The EAC Ozone Action Plan (OAP) was
adopted by the Colorado Air Quality
Control Commission (AQCC) in March
2004 and submitted to EPA in the
summer of 2004. EPA promulgated
approval of the OAP in the Federal
Register.18 A revision to the OAP to
preserve the reductions estimated in the
original plan was approved by the
AQCC on December 17, 2006. EPA
approved the revision in February 2008.
In April 2004, EPA designated and
classified areas of the country that
violated the 1997 8-hour ozone
standard. Based on 2001–2003 design
values, the Denver area violated the 816 See 53 FR 26067 (April 30, 1993); 59 FR 15629
(April 4, 1994); 61 FR 16391 (April 15, 1996); 63
FR 31627 (June 10, 1998); and 66 FR 28808 (May
24, 2001).
17 56 FR 56735 (Nov. 6, 1991).
18 70 FR 44052 (Aug. 1, 2005).
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hour ozone standard at three monitors
and was included on EPA’s 2004 list of
nonattainment areas. In addition, the
geographic boundaries of the earlier
1-hour nonattainment area were
expanded. However, based on terms in
the Early Action Compact, EPA deferred
the effective date of the area’s
nonattainment designation. The deferral
was conditioned on the area continuing
to meet the deadlines in the EAC and
achieving the 8-hour standard by
December 31, 2007 (based on air quality
data from the 2005–2007 ozone
seasons).
Despite measures in the OAP that
reduced ozone-causing emissions in the
Denver area, the area failed to achieve
the standard by December 31, 2007. A
three-year (2005–2007) design value of
0.085 ppm at one monitor (Rocky Flats
North), violated the 8-hour ozone
NAAQS.
Consequently, EPA did not continue
the deferral of the effective date of the
Denver 8-hour ozone nonattainment
designation. The nonattainment
designation became effective on
November 20, 2007.19 The 8-hour ozone
nonattainment area is referred to as the
Denver-Boulder-Greeley-Ft. CollinsLoveland, Colorado, ozone
nonattainment area and includes the
following counties: All of Adams,
Arapahoe, Boulder (now including part
of the Rocky Mountain National Park),
Broomfield, Denver, Douglas and
Jefferson Counties, and portions of
Larimer and Weld Counties. The
Denver-Boulder-Greeley-Ft. CollinsLoveland 8-hour ozone nonattainment
area is required to attain the standard as
expeditiously as practicable, but no later
than November 2010.
B. Cost Benefit Analysis
Gasoline with 7.8 psi RVP is already
required in the former 1-hour ozone
nonattainment area, which represents a
significant portion of the fuel used in
the newly expanded area. The change
proposed in this action extends the low
RVP fuel requirement to portions of
Larimer and Weld counties and into the
remaining portions of Arapahoe,
Adams, Boulder and Broomfield
counties. Denver is located in Petroleum
Administration for Defense Districts
(PADD) IV, which is the most isolated
area within the 48 lower states of the
U.S. in terms of supply. PADD IV
includes the Rocky Mountain states
(Montana, Idaho, Wyoming, Utah, and
Colorado). Gasoline supply to the
Denver market originates from 6 main
refiners. These refiners vary in size,
refining capacity and complexity. These
19 72
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FR 53952 (Sept. 21, 2007).
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refineries are: Suncor (Commerce City,
CO), Valero Corp. (Commerce City, CO),
Conoco-Phillips (Borger, TX), Valero
Corp. (Sunray, TX), Sinclair Oil Corp.
(Caper and Rawlings, WY), and Frontier
Oil Corp. (Cheyenne, WY and El
Dorado, KS).
The State estimates (see docket
submittal) a total of 3.4 million gallons
of gasoline per day (1.2 billion gallons
per year) are consumed in the entire
1997 8-hour ozone nonattainment area;
of that, approximately 665,616 gallons
of gasoline per day (242.9 million
gallons per year) are utilized in the 9.0
psi RVP areas of the 8-hour ozone
nonattainment area. To further bound
the incremental volume of low RVP
gasoline that would need to be supplied
to the expanded 8-hour ozone
nonattainment area, the State sampled
gas stations in the proposed expanded
area and found that approximately 80%
of gasoline in the expanded 8-hour
ozone nonattainment area met Denver’s
more stringent 7.8 psi RVP base gasoline
volatility requirement. This means that
only 20% or 133,000 gallons per day, or
18.4 million gallons per summer (May
1st through Sept. 15th) will be affected
if the area’s volatility limit is set at 7.8
psi from the current 9.0 psi RVP. RVP
compliance at the retail level runs from
June 1st to September 15th. The May 1st
date was used in the economic analysis
to recognize that low RVP fuel must be
produced at the refinery level prior to
the retail compliance date such that
terminals and retailers have sufficient
time to turn tanks over prior to their
required compliance.
There are two cost estimates applied
for the proposed volatility control. The
State estimates that reducing gasoline
volatility to 7.8 psi RVP in the expanded
8-hour ozone nonattainment area could
impact the cost of producing gasoline
from 0 to 3.4 cents per gallon. We
modeled the cost of reducing RVP when
we evaluated the cost of benzene control
for the Mobile Source Air Toxics
(MSAT2) rulemaking.20 That analysis
used the linear program (LP) refinery
model to estimate the costs. Because
that analysis did not estimate RVP
control costs for PADD IV, which
includes Colorado, we rely on PADD II
costs to be reflective. The per gallon cost
estimate for 7.8 psi RVP control from
that analysis was 0.45 cents per gallon.
Using 133,000 gallons of gasoline per
day to represent the share of the
expanded 8-hour ozone nonattainment
area gasoline market that would be
required to meet the 7.8 psi RVP
standard from June 1st through
September 15th, at a cost of 0.45 to 3.4
20 72
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cents per gallon, we estimate that
reducing the gasoline volatility limit to
7.8 psi RVP for non-blended gasoline in
this area, would result in a cost of less
than $700,000 per summer ($600 to
$4500 per day). Therefore, the marginal
costs for the expanded nonattainment
area do not exceed the threshold that
would classify this action as significant.
V. Proposed Action and Rationale
EPA is proposing to establish an
applicable standard of 7.8 psi RVP
under the federal volatility control
program in the Denver-Boulder-GreeleyFt. Collins-Loveland, Colorado, 1997 8hour ozone nonattainment area (as
codified in volume 40 of the Code of
Federal Regulations (CFR) Part 81)
during the high ozone season—June 1st
to September 15th of each year—
beginning in 2010. This action would
require the use of 7.8 psi RVP gasoline
in Adams, Arapahoe, Boulder,
Broomfield, Denver, Douglas and
Jefferson counties, and in portions of
Larimer, and Weld counties.
VI. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
Under Executive Order (EO) 12866
(58 FR 51735, October 4, 1993), this
action is a ‘‘significant regulatory
action.’’ This action raises novel legal or
policy issues arising out of legal
mandates. Accordingly, EPA submitted
this action to the Office of Management
and Budget (OMB) for review under EO
12866 and any changes made in
response to OMB recommendations
have been documented in the docket for
this action.
In addition, the Colorado Department
of Public Health and Environment
prepared an analysis of the potential
costs and benefits associated with this
action. This analysis is contained in
‘‘Analysis of Expansion of Low RVP
Area by the State of Colorado’’. A copy
of the analysis is available in the docket
for this action and the analysis is
summarized in Section IV.B.
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B. Paperwork Reduction Act
The information collection
requirements contained in the phase I
and phase 2 volatility rules (55 FR
11868, March 22, 1989 and 55 FR
23658, June 11, 1990) have been
approved by the Office of Management
and Budget (OMB) under the provisions
of the Paperwork Reduction Act 44
U.S.C. 3501 et seq., and have been
assigned OMB control number 2060–
0178. This action does not impose any
new information collection burden
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14:00 Aug 21, 2009
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under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq.,
and therefore is not subject to these
requirements.
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
as defined by the Small Business
Administration’s (SBA) regulations at 13
CFR 121.201; (2) a small governmental
jurisdiction that is a government of a
city, county, town, school district or
special district with a population of less
than 50,000; and (3) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of today’s proposed rule on
small entities, I certify that this action
will not have a significant economic
impact on a substantial number of small
entities. The small entities directly
regulated by this proposed rule are
refiners, importers or blenders of
gasoline that choose to produce or
import low RVP gasoline for sale in the
expanded portion of the DenverBoulder-Greeley-Ft. Collins-Loveland,
CO, 8-hour ozone nonattainment area
not already covered by low RVP
requirements, and gasoline distributors
and retail stations in those areas. We
have determined that only one small
refiner would be affected by the low
RVP requirements. Other small entities,
such as gasoline distributors and retail
stations located in the area that 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 the current
covered area. EPA believes the impacts
these small entities (e.g. small blenders,
importers, retailers, etc.) would occur
primarily in the form of a slightly higher
wholesale gasoline price which would
then be passed along in product price
increases. In the preamble of this notice,
we have estimated low RVP costs to be
0.45 to 3.4 cents/gallon during the
summer volatility season. There would
be no fuel or price difference outside the
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42623
summer control season (i.e., during
September 15 to May 1). Since all
wholesale suppliers would increase
prices by about the same amount, the
competitive environment for small
entities purchasing that gasoline should
not be affected significantly. We
continue to be interested in the
potential impacts of the proposed rule
on small entities and welcome
comments on issues related to such
impacts.
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 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.
Today’s rule affects portions of the
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Denver-Boulder-Greeley-Ft. CollinsLoveland, CO, 8-hour ozone
nonattainment area that were not
previously part of the 1-Hour ozone
nonattainment area. EPA estimates that
a 133,000 gallons a day of gasoline
would be affected by this rule; resulting
in an economic impact of less than
$700,000 per summer. Today’s rule,
therefore, is not subject to the
requirements of sections 202 and 205 of
the UMRA.
EPA has determined that this rule
contains no regulatory requirements that
might significantly or uniquely affect
small governments.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255 August 10,
1999), requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
the Executive Order to include
regulations that have ‘‘substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’
This final rule does not have
federalism implications. It will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. Thus, Executive
Order 13132 does not apply to this rule.
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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
implications.’’ This rule does not have
tribal implications, as specified in
Executive Order 13175. This proposed
rule impacts portions of the DenverBoulder-Greeley-Ft. Collins-Loveland,
Colorado, 1997 8-hour ozone
nonattainment area not previously part
of the 1–Hour nonattainment area. Thus,
Executive Order 13175 does not apply
to this rule.
VerDate Nov<24>2008
14:00 Aug 21, 2009
Jkt 217001
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
Executive Order 13045, ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
Apr. 23, 1997) applies to any rule that:
(1) Is 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.
This rule is not subject to the
Executive Order because it is not
economically significant as defined in
Executive Order 12866, and because the
Agency does not have reason to believe
the environmental health or safety risks
addressed by this action present a
disproportionate risk to children.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not a ‘‘significant
energy action’’ as defined in Executive
Order 13211 (66 FR 28355, May 22,
2001), because it is not likely to have a
significant adverse effect on the supply,
distribution, or use of energy. As
described in section IV.B., the
requirement to use low RVP gasoline in
the expanded nonattainment area will
result in an increase of roughly 3,200
barrels per day of low RVP gasoline that
has to be supplied to the area. This
increase in the volume of low RVP
gasoline does not meet the threshold of
being considered a ‘‘significant energy
action’’.
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary
consensus standards in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by voluntary consensus
standards bodies. The NTTAA directs
EPA to provide Congress, through OMB,
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Frm 00017
Fmt 4702
Sfmt 4702
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards.
This action does not involve technical
standards. Therefore, EPA did not
consider the use of any voluntary
consensus standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order (EO) 12898 (59 FR
7629, Feb. 16, 1994) establishes federal
executive policy on environmental
justice. Its main provision directs
Federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this
proposed rule will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because it does not affect the applicable
8-hour ozone NAAQS which establish
the level of protection provided to
human health or the environment. This
rule will tighten the applicable volatility
standard of gasoline during the summer
possibly resulting in slightly lower
mobile source emissions. Therefore
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
are not an anticipated result.
VII. Legal Authority and Statutory
Provisions
Authority for this proposed action is
in sections 211(h) and 301(a) of the
Clean Air Act, 42 U.S.C. 7545(h) and
7601(a).
List of Subjects in 40 CFR Part 80
Administrative practice and
procedures, Air pollution control,
Environmental protection, Fuel
additives, Gasoline, Motor vehicle and
motor vehicle engines, Motor vehicle
pollution, Penalties, Reporting and
recordkeeping requirements.
Dated: August 17, 2009.
Lisa P. Jackson,
Administrator.
Title 40, chapter I, part 80 of the Code
of Federal Regulations is proposed to be
amended as follows:
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Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Proposed Rules
§ 80.27 Controls and prohibitions on
gasoline volatility.
2. In § 80.27(a)(2)(ii), the table is
amended by revising the entry for
Colorado and footnote 2 to read as
follows:
PART 80—[AMENDED]
1. The authority citation for part 80
continues to read as follows:
Authority: 42 U.S.C. 7414, 7545 and
7601(a).
(a) * * *
(2) * * *
(ii) * * *
APPLICABLE STANDARDS 1 1992 AND SUBSEQUENT YEARS
State
May
*
*
*
Colorado 2 .............................................................................
9.0
*
*
*
June
*
July
August
*
7.8
*
*
7.8
September
*
7.8
*
*
7.8
*
1 Standards
are expressed in pounds per square inch (psi).
2 The Colorado Covered Area encompasses the Denver-Boulder-Greeley-Ft. Collins-Loveland, CO, 8-hour ozone nonattainment area (see 40
CFR part 81).
*
*
*
*
*
[FR Doc. E9–20290 Filed 8–21–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 372
[EPA–HQ–TRI–2009–0602; FRL–8948–3]
RIN 2025–AA24
Toxics Release Inventory Articles
Exemption Clarification Proposed Rule
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AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA proposes to take two
actions relating to the articles
exemption under the Toxics Release
Inventory (TRI) program. First, EPA
proposes to formally remove a
paragraph of guidance dealing with
releases due to natural weathering of
products that appeared in the Reporting
Forms and Instructions (RF&I) from
1988 to 2001. This guidance was absent
from the Reporting Forms and
Instructions after 2001, but formal
notice of its removal was never issued.
EPA here provides notice that this
language has been removed and may not
be relied on by reporting facilities.
Second, EPA is proposing an
interpretation of how the articles
exemption applies to the Wood Treating
Industry, specifically to treated wood
that has completed the treatment
process. We are requesting comment on
both of these actions.
DATES: Comments, identified by Docket
ID No. EPA–HQ–TRI–2009–0602, must
be received by EPA on or before October
23, 2009.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
VerDate Nov<24>2008
14:00 Aug 21, 2009
Jkt 217001
TRI–2009–0602, by one of the following
methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: oei.docket@epa.gov
• Mail: OEI Docket, Environmental
Protection Agency, Mailcode 2822T,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
• Hand Delivery: EPA/DC, EPA West,
Room 3334, 1301 Constitution Ave.,
NW., Washington, DC 20460. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–TRI–2009–
0602. 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
for which 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
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Fmt 4702
Sfmt 4702
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 or any form of
encryption and must be free of any
defects or viruses. For additional
information about EPA’s public docket,
visit the EPA Docket Center homepage
at https://www.epa.gov/epahome/
dockets.htm.
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 for which disclosure is
restricted by statute. Certain other
materials, 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 OEI Docket, EPA/DC, EPA West,
Room 3334, 1301 Constitution Ave.,
NW., Washington, DC. This Docket
Facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The Public Reading
Room is open Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the OEI Docket is (202) 566–
1752.
FOR FURTHER INFORMATION CONTACT: For
general information on TRI, contact the
Emergency Planning and Community
Right-to-Know Hotline at (800) 424–
9346 or (703) 412–9810, TDD (800) 553–
7672, https://www.epa.gov/epaoswer/
hotline/. For specific information on
this rulemaking contact: Steven DeBord,
Toxics Release Inventory Program
Division, Mailcode 2844T, OEI,
E:\FR\FM\24AUP1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 162 (Monday, August 24, 2009)]
[Proposed Rules]
[Pages 42619-42625]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20290]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[EPA-HQ-OAR-2008-0924; FRL-8948-1]
RIN 2060-AP40
Regulation of Fuels and Fuel Additives: Federal Volatility
Control Program in the Denver-Boulder-Greeley-Ft. Collins-Loveland, CO,
1997 8-Hour Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This action proposes to establish an applicable standard of
7.8 pounds per square inch (psi) Reid vapor pressure (RVP) under the
federal volatility control program in the Denver-Boulder-Greeley-Ft.
Collins-Loveland, Colorado, 1997 8-hour ozone nonattainment area during
the high ozone season--June 1st to September 15th of each year--
beginning in 2010. This action would require the use of 7.8 psi RVP
gasoline in Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas and
Jefferson counties, and in portions of Larimer, and Weld counties.
DATES: Comments. Comments must be received on or before September 23,
2009, unless a public hearing is requested by September 14, 2009.
Public Hearing. To request a public hearing, contact Sean Hillson
at (734) 214-4789 or hillson.sean@epa.gov. If a hearing is requested no
later than September 14, 2009, a hearing will be held at a time and
place to be published in the Federal Register. Persons wishing to
testify at a public hearing must contact Sean Hillson at (734) 214-
4789, and submit copies of their testimony to the docket and to Sean
Hillson at the addresses below, no later than 10 days prior to the
hearing. After any such hearing, the docket for this rulemaking will
remain open for an additional 30 days to receive comments. If a hearing
is held, EPA will publish a notice in the Federal Register extending
the comment period for 30 days after the hearing.
[[Page 42620]]
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0924, by one of the following methods:
https://www.regulations.gov. Follow the on-line
instructions for submitting comments.
E-mail: a-and-r-docket@epa.gov.
Fax: (202) 566-1741.
Mail: Air and Radiation Docket, EPA, Mailcode: 6102T, 1200
Pennsylvania Ave., NW., Washington, DC 20460. Attention Docket ID No.
EPA-HQ-OAR-2008-0924. Please include a duplicate copy, if possible. We
request that a separate copy of each public comment also be sent to the
contact person listed below (see FOR FURTHER INFORMATION CONTACT).
Hand Delivery: Air and Radiation Docket, EPA, Room B-102, 1301
Constitution Ave., NW., Washington, DC 20004. Such deliveries are only
accepted during the Docket's normal hours of operation and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-0924. 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: The Docket ID No. for this action is EPA-HQ-OAR-2008-0924.
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 Public Reading
Room, EPA/DC, EPA West, Room B-102, 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 and Radiation Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Sean Hillson, Office of Transportation
and Air Quality, Transportation and Regional Programs Division,
Mailcode AASMCG, Environmental Protection Agency, 2000 Traverwood
Drive, Ann Arbor, MI 48105; telephone number: (734) 214-4789; fax
number: (734) 214-4052; e-mail address: Hillson.Sean@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we'',
``us'', or ``our'' is used, we mean EPA. This document concerns the
amendment to EPA's regulations governing gasoline supplied to the
Denver-Boulder-Greeley-Ft. Collins-Loveland, CO, 8-hour ozone
nonattainment area.
Regulated Entities. Entities potentially affected by this rule are
fuel producers and distributors who do business in Colorado. Regulated
entities include:
------------------------------------------------------------------------
NAICS
Examples of potentially regulated entities codes
\a\
------------------------------------------------------------------------
Petroleum Refineries........................................... 324110
Gasoline Marketers and Distributors............................ 424710
424720
Gasoline Retail Stations....................................... 447110
Gasoline Transporters.......................................... 484220
484230
------------------------------------------------------------------------
\a\ North American Industry Classification System (NAICS).
This table provides only a guide for readers regarding entities
likely to be regulated by this action. You should carefully examine the
regulations in 40 CFR 80.27 to determine whether your facility is
impacted. If you have further questions, call the person listed in the
FOR FURTHER INFORMATION CONTACT section of this preamble.
Outline
I. Introduction
II. What Is the History of Gasoline Volatility Regulation?
III. What Are the EPA Rulemaking Actions Addressing the Transition
From the 1-Hour to the 8-Hour Ozone NAAQS?
IV. What Information Supports More Stringent Federal RVP
Requirements in Colorado's 8-Hour Ozone Nonattainment Areas?
A. History
B. Cost/Benefit Analysis
V. Proposed Action
VI. 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 and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
VII. Legal Authority and Statutory Provisions
I. Introduction
Section 211(h) of the Clean Air Act (CAA) requires that EPA
promulgate regulations establishing a maximum RVP of 9.0 psi for
gasoline introduced into commerce during the high ozone season. It also
provides that EPA shall ``establish more stringent Reid Vapor Pressure
standards in a nonattainment area as the Administrator finds necessary
to generally achieve comparable evaporative emissions (on a per-vehicle
basis) in nonattainment areas, taking into consideration the
enforceability of such standards, the need of an area for emission
control, and economic factors.'' In today's action, EPA is proposing to
establish an applicable standard for gasoline at 7.8 pounds per square
inch (psi) under the federal volatility control program in the Denver-
Boulder-Greeley-Ft. Collins-Loveland, Colorado, 8-hour ozone
nonattainment area (as codified in volume 40 of the Code of Federal
Regulations (CFR) Part 81) during the high ozone season. This action
would require the use of 7.8 psi RVP gasoline in Adams, Arapahoe,
Boulder, Broomfield, Denver, Douglas and Jefferson counties, and in
portions of Larimer and Weld counties.
This notice describes our proposed action to set the RVP limit for
gasoline
[[Page 42621]]
at 7.8 psi RVP gasoline in the Denver-Boulder-Greeley-Ft. Collins-
Loveland, Colorado, 8-hour nonattainment area during the high ozone
season.
This preamble is organized into six parts. Section I is this
introduction. Section II provides the history of federal gasoline
volatility regulation. Section III describes EPA's rulemaking actions
to transition from the 1-hour to the 8-hour ozone standard. Section IV
provides information to support the Agency's proposed action regarding
tightening of the volatility standards in the prior Denver Ozone Early
Action Compact (EAC) area that is now effectively designated
nonattainment under the 1997 8-hour ozone standard.\1\ Section V
summarizes the Agency's proposed action. Finally, Section VI is a
review of applicable statutory and Executive Orders.
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\1\ 72 FR 53952 (Sept. 21, 2007).
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II. What Is the History of Gasoline Volatility Regulation?
In 1987, EPA determined that gasoline nationwide had become
increasingly volatile, causing an increase in evaporative emissions
from gasoline-powered vehicles and equipment.\2\ Evaporative emissions
from gasoline, referred to as volatile organic compounds (VOCs), are
precursors to the formation of tropospheric ozone and contribute to the
nation's ground-level ozone problem. Exposure to ground-level ozone can
reduce lung function (thereby aggravating asthma or other respiratory
conditions), increase susceptibility to respiratory infection, and may
contribute to premature death in people with heart and lung disease.
---------------------------------------------------------------------------
\2\ 52 FR 31274 (Aug. 19, 1987).
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Under section 211(c) of the Clean Air Act (CAA or ``the Act''), we
promulgated regulations on March 22, 1989, that set maximum limits for
the RVP of gasoline sold during the summer ozone control season--June
1st to September 15th. These regulations were referred to as Phase I of
a two-phase nationwide \3\ program, which was designed to reduce the
volatility of commercial gasoline during the summer ozone control
season.\4\ On June 11, 1990, EPA promulgated more stringent volatility
controls under Phase II of the volatility control program.\5\ These
requirements established maximum RVP standards of 9.0 psi or 7.8 psi
(depending on the State, the month, and the area's initial ozone
attainment designation with respect to the 1-hour ozone National
Ambient Air Quality Standard or ``NAAQS'') during the ozone control
season.
---------------------------------------------------------------------------
\3\ Hawaii, Alaska and U.S. territories were exempted.
\4\ 54 FR 11868 (Mar. 22, 1989).
\5\ 55 FR 23658 (June 11, 1990).
---------------------------------------------------------------------------
The 1990 CAA Amendments established a new section, 211(h), to
address fuel volatility. Section 211(h) requires EPA to promulgate
regulations making it unlawful to sell, offer for sale, dispense,
supply, offer for supply, transport, or introduce into commerce
gasoline with an RVP level in excess of 9.0 psi during the ozone
control season. It further requires EPA to establish more stringent RVP
standards in nonattainment areas if we find such standards ``necessary
to generally achieve comparable evaporative emissions (on a per vehicle
basis) in nonattainment areas, taking into consideration the
enforceability of such standards, the need of an area for emission
control, and economic factors.'' Section 211(h) prohibits EPA from
establishing a volatility standard more stringent than 9.0 psi in an
attainment area, except that we may impose a lower (more stringent)
standard in any former ozone nonattainment area redesignated to
attainment.
On December 12, 1991, EPA modified the Phase II volatility
regulations to be consistent with section 211(h) of the CAA.\6\ The
modified regulations prohibited the sale of gasoline with an RVP above
9.0 psi in all areas designated attainment for the 1-hour ozone
standard, beginning in 1992. For areas designated as nonattainment, the
regulations retained the original Phase II standards published in
1990.\7\
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\6\ 56 FR 64704 (Dec. 12, 1991).
\7\ 55 FR 23658 (June 11, 1990).
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III. What Are the EPA Rulemaking Actions Addressing the Transition From
the 1-Hour to the 8-Hour Ozone NAAQS?
In July 1997, EPA promulgated a revised ozone standard which would
be measured over an 8-hour period, i.e., the 8-hour ozone NAAQS or
standard.\8\ The 8-hr Ozone NAAQS rule was challenged by numerous
litigants and in May 1999, the U.S. Court of Appeals for the D.C.
Circuit issued a decision remanding, but not vacating, the 8-hour ozone
standard. In February 2001, the Supreme Court upheld our authority to
set the ozone NAAQS and remanded the case to the D.C. Circuit Court for
disposition of issues the Court did not address in its initial
decision.\9\ The Court of Appeals addressed these remaining issues and
upheld the 8-hour ozone NAAQS.\10\ In April 2004, EPA designated and
classified areas for the 1997 8-hr ozone standard.\11\
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\8\ 62 FR 38856 (July 18, 1997).
\9\ Whitman v. Am. Trucking Ass'ns, 531 U.S. 457 (2001).
\10\ American Trucking Assoc. v. EPA, 195 F.3d 4 (D.C. Cir.,
1999).
\11\ 69 FR 23857 (Apr. 30, 2004).
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Additionally, in April 2004, we promulgated the Phase 1 Ozone
Implementation rule that addressed the revocation of the 1-hour ozone
NAAQS and identified the 1-hour requirements that would remain
applicable after revocation (i.e., the ``anti-backsliding
provisions'').\12\ These requirements varied based on areas'
designation for the 1-hour standard and such areas' designation for the
1997 8-hour ozone NAAQS. Although the Phase 1 Ozone implementation rule
was challenged in court and portions of the rule were vacated, the
vacated portions of the rule are not relevant to today's proposed
action.\13\
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\12\ 69 FR 23951 (Apr. 30, 2004).
\13\ S. Coast Air Quality Mgmt. Dist. v. EPA, 472 F.3d 882 (D.C.
Cir. 2006 rehearing denied S. Coast Air Quality Mgmt. Dist. v. EPA,
2007 U.S. App. Lexis 13751 (D.C. Cir. June 8, 2007).
---------------------------------------------------------------------------
In November 2005, EPA promulgated the Phase 2 Ozone Implementation
rule that addressed various control and planning obligations that are
applicable to areas designated nonattainment for the 1997 8-hour ozone
NAAQS.\14\ No part of the Phase 2 Ozone implementation rule is relevant
for today's proposed rulemaking.
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\14\ 70 FR 71612 (Nov. 29, 2005).
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IV. What Information Supports More Stringent Federal RVP Requirements
in Colorado's 8-Hour Nonattainment Areas?
A. History
On November 6, 1991, we published ozone nonattainment designations
for the 1-hour ozone NAAQS pursuant to sections 107(d)(1)(C),
107(d)(2)(A), and 107(d)(4)(A) of the CAA.\15\ In that action, we noted
that the Denver-Boulder area was designated nonattainment by operation
of law under CAA Section 107(d)(1)(C) and we classified it as a
``transitional area'' as determined under section 185A of the CAA. The
Denver-Boulder nonattainment area included the following counties: all
of Denver, Douglas, and Jefferson Counties, Boulder County, excluding
the Rocky Mountain National Park, and the portions of Adams and
Arapahoe Counties west of Kiowa Creek. Because the Denver-Boulder area
was designated as a transitional ozone nonattainment area, the
applicable volatility standard for the Denver-Boulder area, under the
[[Page 42622]]
Federal RVP rule promulgated on December 12, 1991, was 7.8 psi from
June 1 to September 15 beginning in 1992. From 1992 through 2003, and
in response to waiver petitions from the Governor of Colorado, however,
we waived the 7.8 psi RVP standard for the Denver area and required the
9.0 psi standard instead. In depth discussions of these past actions
can be found in the applicable Federal Register notices.\16\ In 2004,
based on monitored violations, we decided it was appropriate to require
compliance with the 7.8 psi RVP standard in the Denver-Boulder area. As
a result, the 7.8 psi RVP standard currently applies in the area that
comprised the original Denver-Boulder 1-hour ozone nonattainment area
as described in our November 6, 1991 Federal Register notice.\17\
---------------------------------------------------------------------------
\15\ 56 FR 56694 (Nov. 6, 1991).
\16\ See 53 FR 26067 (April 30, 1993); 59 FR 15629 (April 4,
1994); 61 FR 16391 (April 15, 1996); 63 FR 31627 (June 10, 1998);
and 66 FR 28808 (May 24, 2001).
\17\ 56 FR 56735 (Nov. 6, 1991).
---------------------------------------------------------------------------
As mentioned above, in 1997, EPA adopted a new, more stringent
ozone NAAQS based on the latest ozone health effects information. The
standard was set at a level of 0.08 ppm averaged over an 8-hour period.
Attainment of the standard is based on the 4th maximum 8-hour ozone
concentration recorded at each monitoring location each year, averaged
over a three-year period.
State and regional agencies in the Denver metropolitan area entered
into a voluntary agreement with EPA in December 2002 that laid out a
process for achieving attainment with EPA's 1997 8-hour ozone standard
in an expeditious manner, but no later than December 31, 2007. Called
the Early Action Compact for Ozone (EAC), the agreement sets forth a
schedule for the development of technical information and the adoption
of control measures into the State Implementation Plan (SIP) needed to
comply with the 8-hour standard by December 31, 2007 and maintain the
standard beyond that date. The EAC Ozone Action Plan (OAP) was adopted
by the Colorado Air Quality Control Commission (AQCC) in March 2004 and
submitted to EPA in the summer of 2004. EPA promulgated approval of the
OAP in the Federal Register.\18\ A revision to the OAP to preserve the
reductions estimated in the original plan was approved by the AQCC on
December 17, 2006. EPA approved the revision in February 2008.
---------------------------------------------------------------------------
\18\ 70 FR 44052 (Aug. 1, 2005).
---------------------------------------------------------------------------
In April 2004, EPA designated and classified areas of the country
that violated the 1997 8-hour ozone standard. Based on 2001-2003 design
values, the Denver area violated the 8-hour ozone standard at three
monitors and was included on EPA's 2004 list of nonattainment areas. In
addition, the geographic boundaries of the earlier 1-hour nonattainment
area were expanded. However, based on terms in the Early Action
Compact, EPA deferred the effective date of the area's nonattainment
designation. The deferral was conditioned on the area continuing to
meet the deadlines in the EAC and achieving the 8-hour standard by
December 31, 2007 (based on air quality data from the 2005-2007 ozone
seasons).
Despite measures in the OAP that reduced ozone-causing emissions in
the Denver area, the area failed to achieve the standard by December
31, 2007. A three-year (2005-2007) design value of 0.085 ppm at one
monitor (Rocky Flats North), violated the 8-hour ozone NAAQS.
Consequently, EPA did not continue the deferral of the effective
date of the Denver 8-hour ozone nonattainment designation. The
nonattainment designation became effective on November 20, 2007.\19\
The 8-hour ozone nonattainment area is referred to as the Denver-
Boulder-Greeley-Ft. Collins-Loveland, Colorado, ozone nonattainment
area and includes the following counties: All of Adams, Arapahoe,
Boulder (now including part of the Rocky Mountain National Park),
Broomfield, Denver, Douglas and Jefferson Counties, and portions of
Larimer and Weld Counties. The Denver-Boulder-Greeley-Ft. Collins-
Loveland 8-hour ozone nonattainment area is required to attain the
standard as expeditiously as practicable, but no later than November
2010.
---------------------------------------------------------------------------
\19\ 72 FR 53952 (Sept. 21, 2007).
---------------------------------------------------------------------------
B. Cost Benefit Analysis
Gasoline with 7.8 psi RVP is already required in the former 1-hour
ozone nonattainment area, which represents a significant portion of the
fuel used in the newly expanded area. The change proposed in this
action extends the low RVP fuel requirement to portions of Larimer and
Weld counties and into the remaining portions of Arapahoe, Adams,
Boulder and Broomfield counties. Denver is located in Petroleum
Administration for Defense Districts (PADD) IV, which is the most
isolated area within the 48 lower states of the U.S. in terms of
supply. PADD IV includes the Rocky Mountain states (Montana, Idaho,
Wyoming, Utah, and Colorado). Gasoline supply to the Denver market
originates from 6 main refiners. These refiners vary in size, refining
capacity and complexity. These refineries are: Suncor (Commerce City,
CO), Valero Corp. (Commerce City, CO), Conoco-Phillips (Borger, TX),
Valero Corp. (Sunray, TX), Sinclair Oil Corp. (Caper and Rawlings, WY),
and Frontier Oil Corp. (Cheyenne, WY and El Dorado, KS).
The State estimates (see docket submittal) a total of 3.4 million
gallons of gasoline per day (1.2 billion gallons per year) are consumed
in the entire 1997 8-hour ozone nonattainment area; of that,
approximately 665,616 gallons of gasoline per day (242.9 million
gallons per year) are utilized in the 9.0 psi RVP areas of the 8-hour
ozone nonattainment area. To further bound the incremental volume of
low RVP gasoline that would need to be supplied to the expanded 8-hour
ozone nonattainment area, the State sampled gas stations in the
proposed expanded area and found that approximately 80% of gasoline in
the expanded 8-hour ozone nonattainment area met Denver's more
stringent 7.8 psi RVP base gasoline volatility requirement. This means
that only 20% or 133,000 gallons per day, or 18.4 million gallons per
summer (May 1st through Sept. 15th) will be affected if the area's
volatility limit is set at 7.8 psi from the current 9.0 psi RVP. RVP
compliance at the retail level runs from June 1st to September 15th.
The May 1st date was used in the economic analysis to recognize that
low RVP fuel must be produced at the refinery level prior to the retail
compliance date such that terminals and retailers have sufficient time
to turn tanks over prior to their required compliance.
There are two cost estimates applied for the proposed volatility
control. The State estimates that reducing gasoline volatility to 7.8
psi RVP in the expanded 8-hour ozone nonattainment area could impact
the cost of producing gasoline from 0 to 3.4 cents per gallon. We
modeled the cost of reducing RVP when we evaluated the cost of benzene
control for the Mobile Source Air Toxics (MSAT2) rulemaking.\20\ That
analysis used the linear program (LP) refinery model to estimate the
costs. Because that analysis did not estimate RVP control costs for
PADD IV, which includes Colorado, we rely on PADD II costs to be
reflective. The per gallon cost estimate for 7.8 psi RVP control from
that analysis was 0.45 cents per gallon. Using 133,000 gallons of
gasoline per day to represent the share of the expanded 8-hour ozone
nonattainment area gasoline market that would be required to meet the
7.8 psi RVP standard from June 1st through September 15th, at a cost of
0.45 to 3.4
[[Page 42623]]
cents per gallon, we estimate that reducing the gasoline volatility
limit to 7.8 psi RVP for non-blended gasoline in this area, would
result in a cost of less than $700,000 per summer ($600 to $4500 per
day). Therefore, the marginal costs for the expanded nonattainment area
do not exceed the threshold that would classify this action as
significant.
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\20\ 72 FR 8427 (Feb. 2, 2007).
---------------------------------------------------------------------------
V. Proposed Action and Rationale
EPA is proposing to establish an applicable standard of 7.8 psi RVP
under the federal volatility control program in the Denver-Boulder-
Greeley-Ft. Collins-Loveland, Colorado, 1997 8-hour ozone nonattainment
area (as codified in volume 40 of the Code of Federal Regulations (CFR)
Part 81) during the high ozone season--June 1st to September 15th of
each year--beginning in 2010. This action would require the use of 7.8
psi RVP gasoline in Adams, Arapahoe, Boulder, Broomfield, Denver,
Douglas and Jefferson counties, and in portions of Larimer, and Weld
counties.
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993),
this action is a ``significant regulatory action.'' This action raises
novel legal or policy issues arising out of legal mandates.
Accordingly, EPA submitted this action to the Office of Management and
Budget (OMB) for review under EO 12866 and any changes made in response
to OMB recommendations have been documented in the docket for this
action.
In addition, the Colorado Department of Public Health and
Environment prepared an analysis of the potential costs and benefits
associated with this action. This analysis is contained in ``Analysis
of Expansion of Low RVP Area by the State of Colorado''. A copy of the
analysis is available in the docket for this action and the analysis is
summarized in Section IV.B.
B. Paperwork Reduction Act
The information collection requirements contained in the phase I
and phase 2 volatility rules (55 FR 11868, March 22, 1989 and 55 FR
23658, June 11, 1990) have been approved by the Office of Management
and Budget (OMB) under the provisions of the Paperwork Reduction Act 44
U.S.C. 3501 et seq., and have been assigned OMB control number 2060-
0178. This action does not impose any new information collection burden
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq., and therefore is not subject to these requirements.
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 as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. The small
entities directly regulated by this proposed rule are refiners,
importers or blenders of gasoline that choose to produce or import low
RVP gasoline for sale in the expanded portion of the Denver-Boulder-
Greeley-Ft. Collins-Loveland, CO, 8-hour ozone nonattainment area not
already covered by low RVP requirements, and gasoline distributors and
retail stations in those areas. We have determined that only one small
refiner would be affected by the low RVP requirements. Other small
entities, such as gasoline distributors and retail stations located in
the area that 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 the current covered area. EPA believes the impacts these
small entities (e.g. small blenders, importers, retailers, etc.) would
occur primarily in the form of a slightly higher wholesale gasoline
price which would then be passed along in product price increases. In
the preamble of this notice, we have estimated low RVP costs to be 0.45
to 3.4 cents/gallon during the summer volatility season. There would be
no fuel or price difference outside the summer control season (i.e.,
during September 15 to May 1). Since all wholesale suppliers would
increase prices by about the same amount, the competitive environment
for small entities purchasing that gasoline should not be affected
significantly. We continue to be interested in the potential impacts of
the proposed rule on small entities and welcome comments on issues
related to such impacts.
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 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. Today's rule affects portions of the
[[Page 42624]]
Denver-Boulder-Greeley-Ft. Collins-Loveland, CO, 8-hour ozone
nonattainment area that were not previously part of the 1-Hour ozone
nonattainment area. EPA estimates that a 133,000 gallons a day of
gasoline would be affected by this rule; resulting in an economic
impact of less than $700,000 per summer. Today's rule, therefore, is
not subject to the requirements of sections 202 and 205 of the UMRA.
EPA has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255 August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. 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 implications.'' This rule does not have
tribal implications, as specified in Executive Order 13175. This
proposed rule impacts portions of the Denver-Boulder-Greeley-Ft.
Collins-Loveland, Colorado, 1997 8-hour ozone nonattainment area not
previously part of the 1-Hour nonattainment area. Thus, Executive Order
13175 does not apply to this rule.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, Apr. 23, 1997) applies to
any rule that: (1) Is 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.
This rule is not subject to the Executive Order because it is not
economically significant as defined in Executive Order 12866, and
because the Agency does not have reason to believe the environmental
health or safety risks addressed by this action present a
disproportionate risk to children.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. As described in section IV.B., the
requirement to use low RVP gasoline in the expanded nonattainment area
will result in an increase of roughly 3,200 barrels per day of low RVP
gasoline that has to be supplied to the area. This increase in the
volume of low RVP gasoline does not meet the threshold of being
considered a ``significant energy action''.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
This action does not involve technical standards. Therefore, EPA
did not consider the use of any voluntary consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (EO) 12898 (59 FR 7629, Feb. 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the applicable 8-hour ozone NAAQS which establish the level of
protection provided to human health or the environment. This rule will
tighten the applicable volatility standard of gasoline during the
summer possibly resulting in slightly lower mobile source emissions.
Therefore disproportionately high and adverse human health or
environmental effects on minority or low-income populations are not an
anticipated result.
VII. Legal Authority and Statutory Provisions
Authority for this proposed action is in sections 211(h) and 301(a)
of the Clean Air Act, 42 U.S.C. 7545(h) and 7601(a).
List of Subjects in 40 CFR Part 80
Administrative practice and procedures, Air pollution control,
Environmental protection, Fuel additives, Gasoline, Motor vehicle and
motor vehicle engines, Motor vehicle pollution, Penalties, Reporting
and recordkeeping requirements.
Dated: August 17, 2009.
Lisa P. Jackson,
Administrator.
Title 40, chapter I, part 80 of the Code of Federal Regulations is
proposed to be amended as follows:
[[Page 42625]]
PART 80--[AMENDED]
1. The authority citation for part 80 continues to read as follows:
Authority: 42 U.S.C. 7414, 7545 and 7601(a).
2. In Sec. 80.27(a)(2)(ii), the table is amended by revising the
entry for Colorado and footnote 2 to read as follows:
Sec. 80.27 Controls and prohibitions on gasoline volatility.
(a) * * *
(2) * * *
(ii) * * *
Applicable Standards \1\ 1992 and Subsequent Years
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State May June July August September
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Colorado \2\....................................................... 9.0 7.8 7.8 7.8 7.8
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Standards are expressed in pounds per square inch (psi).
\2\ The Colorado Covered Area encompasses the Denver-Boulder-Greeley-Ft. Collins-Loveland, CO, 8-hour ozone nonattainment area (see 40 CFR part 81).
* * * * *
[FR Doc. E9-20290 Filed 8-21-09; 8:45 am]
BILLING CODE 6560-50-P
