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, 9107-9111 [2010-4085]
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Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Rules and Regulations
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4).
This rule also does not have tribal
implications because it will 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,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does 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 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
Federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
CAA. This rule also is not subject to
Executive Order 13045, ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997) because it approves a
state rule implementing a Federal
standard.
In reviewing state operating permit
program submissions, EPA’s role is to
approve State choices, provided that
they meet the requirements of the CAA.
In this context, in the absence of a prior
existing requirement for the State to use
voluntary consensus standards (VCS),
EPA has no authority to disapprove a
state operating permit program
submission for failure to use VCS. It
would thus be inconsistent with
applicable law for EPA, when it reviews
an operating permit program
submission, to use VCS in place of an
operating permit program submission
that otherwise satisfies the provisions of
the CAA. Thus, the requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not
apply. This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
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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).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by April 30, 2010. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the final
rulemaking. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 70
Administrative practice and
procedure, Air pollution control,
Intergovernmental relations, Operating
permits, Reporting and recordkeeping
requirements.
Dated: February 16, 2010.
Karl Brooks,
Regional Administrator, Region 7.
Chapter I, Title 40 of the Code of
Federal Regulations is amended as
follows:
■
PART 70—[AMENDED]
1. The authority citation for Part 70
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
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2. Appendix A to Part 70 is amended
by adding paragraph (l) under Iowa to
read as follows:
■
Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs
*
*
*
*
*
*
*
*
*
Iowa
*
(l) The Iowa Department of Natural
Resources submitted for program approval a
revision to rule 567–22.106(1) on February
20, 2009. The State effective date was
February 4, 2009. This revision to the Iowa
program is approved effective April 30, 2010.
*
*
*
*
*
[FR Doc. 2010–4144 Filed 2–26–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
[EPA–HQ–OAR–2008–0924; FRL–9119–3]
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: Final rule.
SUMMARY: This action establishes an
applicable standard of 7.8 pounds per
square inch (psi) Reid vapor pressure
(RVP) under the federal volatility
control program in the Denver-BoulderGreeley-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 requires
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: This final rule is effective March
31, 2010.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2008–0924. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. 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, is not placed on
the Internet and will be publicly
available only in hard copy form.
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Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy at the Air and Radiation Docket,
EPA/DC, EPA West, Room 3334, 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: Kurt
Gustafson, Office of Transportation and
Air Quality, Transportation and
Regional Programs Division, Mailcode
6406J, Environmental Protection
Agency, 1200 Penn Ave., NW.,
Washington, DC 20460; telephone
number: (202) 343–9219; fax number:
(202) 343–9219; e-mail address:
gustafson.kurt@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
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
Petroleum Refineries ....................
Gasoline Marketers and Distributors ............................................
Gasoline Retail Stations ...............
Gasoline Transporters ..................
a North
American
System (NAICS).
Industry
NAICS
codes a
324110
424710
424720
447110
484220
484230
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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II. Background
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
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enforceability of such standards, the
need of an area for emission control,
and economic factors.’’ In today’s action,
EPA is establishing an applicable
standard for gasoline at 7.8 pounds per
square inch (psi) under the federal
volatility control program in the DenverBoulder-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 requires 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.
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
codified 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. The
refineries are: Suncor (Commerce City,
CO), Valero Corp. (Commerce City, CO),
Conoco-Phillips (Borger, TX), Valero
Corp. (Sunray, TX), Sinclair Oil Corp.
(Casper and Rawlings, WY), and
Frontier Oil Corp. (Cheyenne, WY and
El Dorado, KS).
III. Final Action
EPA is establishing an applicable
standard of 7.8 psi RVP under the
federal volatility control program in the
Denver-Boulder-Greeley-Ft. CollinsLoveland, 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 requires
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.
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
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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 30 days after
publication in the Federal Register.
IV. Response to Comments
Only one comment was submitted in
response to EPA’s Notice of Proposed
Rulemaking. Frontier Refining, having
identified themselves as a small refiner,
commented that it would be unable to
provide supplemental volumes of low
(7.8 psi) RVP gasoline above its current
volume to the Denver metro area and
asked for small refiner relief. Frontier
commented that it supplies 3,000
barrels a day of conventional (9.0 psi)
gasoline that would no longer be
available for the market in the 2010
summer control period when a lower
vapor pressure is required, but that it
would have the ability to produce the
low RVP gasoline for the 2011 summer
control period.
EPA understands the commenter’s
concerns. We believe that granting an
exemption that would allow Frontier to
sell 9.0 RVP fuel in areas where 7.8 RVP
fuel is required would create significant
enforcement issues. The 3,000 barrel per
day allocation that Frontier Refining
indicates that it would be unable to
convert to lower RVP fuel represents
approximately 3.7% of the total volume
supplied daily to the Denver 8-hour
nonattainment area. Although this
volume of 9.0 fuel, which would be sold
in the 7.8 areas, would be relatively
small, EPA would likely not be able to
determine if fuel at a retail outlet having
an RVP exceeding 7.8 psi is in violation
either because it is fuel from a refinery
without an exemption, or fuel supplied
by Frontier Refining. Further, we
believe there are other factors such as
economic incentives, for distributors
and retailers to sell as much 9.0 RVP
fuel supplied by Frontier Refining as
possible in the 7.8 RVP areas, due to
price differentials between products that
would exacerbate this problem. This
would likely result in more 9.0 RVP fuel
being sold in the 7.8 RVP area than
predicted and thus, affect the emissions
reductions needed in the area. Also, we
believe that distributors and retailers
might sell, within the 7.8 RVP fuel
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areas, 9.0 RVP fuel produced by large
refiners to obtain the advantage of the
price differential. We do not believe that
requiring product transfer document
information, indicating that 9.0 RVP
fuel is being supplied by a small refiner
and is useable in the 7.8 RVP fuel areas,
would alleviate the enforcement issues
largely because fuel is fungible as a
result of mixing at terminals. This
would mean much larger volumes of
fuel would be eligible for the exemption
than just the volume supplied by
Frontier Refining, making enforcement
by retail sampling and testing difficult.
Additionally, we have significant
concerns about the emission increases
associated with providing this relief,
even if the enforcement problems noted
above could be resolved to limit the fuel
receiving the relief. This is because 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. On June 18, 2009,
the State submitted an Ozone SIP
revision with a dispersion modeled
attainment demonstration. The
attainment demonstration’s truncated
2010 design value was 84 ppb; the
modeled design value, however, was
84.8 ppb which is 0.2 ppb below a
violation for the 1997 .08 ppm ozone
NAAQS. In addition, the State’s
supporting documentation and SIP
revision submittal also contain
information (see submission in docket
EPA–HQ–OAR–2008–0924) showing
that 7.8 RVP fuel will provide
additional reductions of VOC emissions,
which will help ensure the success of
Colorado’s ozone action plan.
Specifically, implementation of this fuel
requirement will provide approximately
three tons per day of additional VOC
emission reductions, which will help
the area towards its attainment goal in
2010. As shown by the attainment
demonstration, there is no room in the
area for increased emissions. The risk of
failure to attain increases significantly if
the area does not get all the emission
reductions expected from the gasoline
volatility program. We also believe the
State’s request to implement this
program in the expanded 8-hour
nonattainment area is a valid and
reasonable request. We note that the
economic hardship for Frontier Refining
is limited to the 2010 ozone season
only, and that there are other markets
available for its 9.0 psi gasoline, which
means that its product would not be
stranded by this rule. Therefore, we
believe that the risk of failure to attain,
and the consequences connected to that
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outcome, is too great to warrant granting
the relief requested.
Further, we have spoken to other
refiners that supply the market and all
have expressed support for the rule.
And at least one refiner has stated it has
the capacity to provide more low RVP
gasoline to the area; therefore, it is
reasonable to expect that the difference
can be replaced with low RVP gasoline
from other sources. In this case the clear
need for the state to receive the
emission reductions expected from this
rule, both during the summer of 2010
and later, and the apparent ability of the
industry overall to supply the required
low RVP gasoline warrant not providing
the individualized exception to this rule
requested by Frontier Refining.
V. Environmental Impact
The Colorado Department of Public
Health and Environment estimated that
2.7 tons per day of hydrocarbon (HC)
emissions would be reduced from
lowering gasoline volatility to 7.8 psi
RVP in the expanded Non-Attainment
Area (see docket for analysis).
VI. 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 therefore is
not subject to review under the EO.
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.
B. Paperwork Reduction Act
This action does not impose any new
information collection burden.
However, the Office of Management and
Budget (OMB) has previously approved
the information collection requirements
contained in the existing regulations,
the phase I and phase 2 volatility rules
(55 FR 11868, March 22, 1989 and 55 FR
23658, June 11, 1990) under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. and has
assigned OMB control number 2060–
0178. The OMB control numbers for
EPA’s regulations in 40 CFR are listed
in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency to prepare
a regulatory flexibility analysis of any
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9109
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 final 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 final 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. CollinsLoveland, 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 proposed rule, we
estimated low RVP incremental 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. In the proposed
rule, we indicated that out of total 3.4
million gallons of gasoline consumed
per day in the Denver-Boulder-GreeleyFt. Collins-Loveland area during the
control season, approximately 133,000
gallons per day of fuel would need to
meet the more stringent low RVP
standard. Applying an average price of
$2.50 per gallon for gasoline, the
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incremental costs to produce the needed
volume of low RVP gasoline equates to
0.002% to 0.02% of the total yearly
consumer cost of gasoline in the DenverBoulder-Greeley-Ft. Collins-Loveland
NAA. For any one retail station that
would have to convert entirely from a
stream of 9.0 psi gasoline to low RVP
gasoline in the summer season, the
incremental costs, applying the same
$2.50 per gallon retail price, would be
0.2% to 1.4% of the gas revenue during
the control season or 0.05% to 0.4% on
an annual basis. However, 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.
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.
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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
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
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.
portions of Arapahoe, Adams, Boulder
and Broomfield counties.
E. Executive Order 13132: Federalism
This action is not subject to EO 13045
(62 FR 19885, April 23, 1997) because
it is not economically significant as
defined in EO 12866, and because the
Agency does not believe the
environmental health or safety risks
addressed by this action present a
disproportionate risk to children.
Under Executive Order 13132, EPA
may not issue an action that has
federalism implications and that
preempts State law, unless the Agency
consults with State and local officials
early in the process of developing the
proposed action.
EPA has concluded that this action
will have federalism implications.
Moreover, it also may preempt State
law. Current gasoline performance
standards adopted by the state require
9.0 psi gasoline in the affected area
where this rule would require 7.8 psi
gasoline. Accordingly, EPA provides the
following federalism summary impact
statement as required by section 6(c) of
Executive Order 13132.
EPA consulted with State and local
officials early in the process of
developing the proposed action to
permit them to have meaningful and
timely input into its development. The
State indicated to EPA (see State’s
docket submission) that the use of 7.8
psi gasoline in the entire DenverBoulder-Greeley-Ft. Collins-Loveland,
CO, 8-hour ozone nonattainment area
was necessary to ensure the success of
Colorado’s ozone action plan. The state
requested EPA undertake this
rulemaking to update the boundaries of
the low RVP summer gasoline program
to correspond to current 8-hour ozone
nonattainment area boundaries.
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
requested by the state and codified in
this action extends the low RVP fuel
requirement to portions of Larimer and
Weld counties and into the remaining
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F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175 (65 FR 67249, November 9,
2000). This final rule impacts portions
of the Denver-Boulder-Greeley-Ft.
Collins-Loveland, Colorado, 1997 8hour ozone nonattainment area not
previously part of the 1–Hour
nonattainment area. There are no Tribal
lands in the regulated area. Thus,
Executive Order 13175 does not apply
to this action.
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
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 and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law No.
104–113, 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. 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 involved
technical standards. Therefore, EPA did
not consider the use of any voluntary
consensus standards.
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Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Rules and Regulations
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 final
rule will not have disproportionately
high and adverse human health or
environmental effects on minority or
low-income populations because it does
not affect the applicable 8-hour ozone
NAAQS which establishes the level of
protection provided to human health or
the environment. This rule will tighten
the applicable volatility standard of
gasoline during the summer 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 final 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: February 19, 2010.
Lisa P. Jackson,
Administrator.
Title 40, chapter I, part 80 of the Code
of Federal Regulations is amended 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).
2. In § 80.27(a)(2)(ii), the table is
amended by revising the entry for
Colorado and footnote 2 to read as
follows:
■
§ 80.27 Controls and prohibitions on
gasoline volatility.
(a) * * *
(2) * * *
(ii) * * *
APPICABLE 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).
Colorado Covered Area encompasses the Denver-Boulder-Greeley-Ft. Collins-Loveland, CO, 8-hour ozone nonattainment area (see 40
CFR part 81).
2 The
*
*
*
*
*
[FR Doc. 2010–4085 Filed 2–26–10; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2010–0003; Internal
Agency Docket No. FEMA–8121]
Suspension of Community Eligibility
mstockstill on DSKH9S0YB1PROD with RULES
AGENCY: Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
SUMMARY: This rule identifies
communities, where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP), that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
VerDate Nov<24>2008
16:31 Feb 26, 2010
Jkt 220001
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date.
DATES: Effective Dates: The effective
date of each community’s scheduled
suspension is the third date (‘‘Susp.’’)
listed in the third column of the
following tables.
FOR FURTHER INFORMATION CONTACT: If
you want to determine whether a
particular community was suspended
on the suspension date or for further
information, contact David Stearrett,
Mitigation Directorate, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472,
(202) 646–2953.
SUPPLEMENTARY INFORMATION: The NFIP
enables property owners to purchase
flood insurance which is generally not
otherwise available. In return,
communities agree to adopt and
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
administer local floodplain management
aimed at protecting lives and new
construction from future flooding.
Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42
U.S.C. 4022, prohibits flood insurance
coverage as authorized under the NFIP,
42 U.S.C. 4001 et seq.; unless an
appropriate public body adopts
adequate floodplain management
measures with effective enforcement
measures. The communities listed in
this document no longer meet that
statutory requirement for compliance
with program regulations, 44 CFR part
59. Accordingly, the communities will
be suspended on the effective date in
the third column. As of that date, flood
insurance will no longer be available in
the community. However, some of these
communities may adopt and submit the
required documentation of legally
enforceable floodplain management
measures after this rule is published but
prior to the actual suspension date.
These communities will not be
suspended and will continue their
eligibility for the sale of insurance. A
notice withdrawing the suspension of
E:\FR\FM\01MRR1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 39 (Monday, March 1, 2010)]
[Rules and Regulations]
[Pages 9107-9111]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4085]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[EPA-HQ-OAR-2008-0924; FRL-9119-3]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action establishes 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 requires 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: This final rule is effective March 31, 2010.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2008-0924. All documents in the docket are listed on the
https://www.regulations.gov Web site. 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, is not placed on the Internet and will be
publicly available only in hard copy form.
[[Page 9108]]
Publicly available docket materials are available either electronically
through https://www.regulations.gov or in hard copy at the Air and
Radiation Docket, EPA/DC, EPA West, Room 3334, 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: Kurt Gustafson, Office of
Transportation and Air Quality, Transportation and Regional Programs
Division, Mailcode 6406J, Environmental Protection Agency, 1200 Penn
Ave., NW., Washington, DC 20460; telephone number: (202) 343-9219; fax
number: (202) 343-9219; e-mail address: gustafson.kurt@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
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.
II. Background
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 establishing
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 requires 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.
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 codified 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. The refineries are: Suncor (Commerce City,
CO), Valero Corp. (Commerce City, CO), Conoco-Phillips (Borger, TX),
Valero Corp. (Sunray, TX), Sinclair Oil Corp. (Casper and Rawlings,
WY), and Frontier Oil Corp. (Cheyenne, WY and El Dorado, KS).
III. Final Action
EPA is establishing 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 requires 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.
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 30 days after publication in the
Federal Register.
IV. Response to Comments
Only one comment was submitted in response to EPA's Notice of
Proposed Rulemaking. Frontier Refining, having identified themselves as
a small refiner, commented that it would be unable to provide
supplemental volumes of low (7.8 psi) RVP gasoline above its current
volume to the Denver metro area and asked for small refiner relief.
Frontier commented that it supplies 3,000 barrels a day of conventional
(9.0 psi) gasoline that would no longer be available for the market in
the 2010 summer control period when a lower vapor pressure is required,
but that it would have the ability to produce the low RVP gasoline for
the 2011 summer control period.
EPA understands the commenter's concerns. We believe that granting
an exemption that would allow Frontier to sell 9.0 RVP fuel in areas
where 7.8 RVP fuel is required would create significant enforcement
issues. The 3,000 barrel per day allocation that Frontier Refining
indicates that it would be unable to convert to lower RVP fuel
represents approximately 3.7% of the total volume supplied daily to the
Denver 8-hour nonattainment area. Although this volume of 9.0 fuel,
which would be sold in the 7.8 areas, would be relatively small, EPA
would likely not be able to determine if fuel at a retail outlet having
an RVP exceeding 7.8 psi is in violation either because it is fuel from
a refinery without an exemption, or fuel supplied by Frontier Refining.
Further, we believe there are other factors such as economic
incentives, for distributors and retailers to sell as much 9.0 RVP fuel
supplied by Frontier Refining as possible in the 7.8 RVP areas, due to
price differentials between products that would exacerbate this
problem. This would likely result in more 9.0 RVP fuel being sold in
the 7.8 RVP area than predicted and thus, affect the emissions
reductions needed in the area. Also, we believe that distributors and
retailers might sell, within the 7.8 RVP fuel
[[Page 9109]]
areas, 9.0 RVP fuel produced by large refiners to obtain the advantage
of the price differential. We do not believe that requiring product
transfer document information, indicating that 9.0 RVP fuel is being
supplied by a small refiner and is useable in the 7.8 RVP fuel areas,
would alleviate the enforcement issues largely because fuel is fungible
as a result of mixing at terminals. This would mean much larger volumes
of fuel would be eligible for the exemption than just the volume
supplied by Frontier Refining, making enforcement by retail sampling
and testing difficult.
Additionally, we have significant concerns about the emission
increases associated with providing this relief, even if the
enforcement problems noted above could be resolved to limit the fuel
receiving the relief. This is because 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. On June 18, 2009, the State submitted an Ozone SIP
revision with a dispersion modeled attainment demonstration. The
attainment demonstration's truncated 2010 design value was 84 ppb; the
modeled design value, however, was 84.8 ppb which is 0.2 ppb below a
violation for the 1997 .08 ppm ozone NAAQS. In addition, the State's
supporting documentation and SIP revision submittal also contain
information (see submission in docket EPA-HQ-OAR-2008-0924) showing
that 7.8 RVP fuel will provide additional reductions of VOC emissions,
which will help ensure the success of Colorado's ozone action plan.
Specifically, implementation of this fuel requirement will provide
approximately three tons per day of additional VOC emission reductions,
which will help the area towards its attainment goal in 2010. As shown
by the attainment demonstration, there is no room in the area for
increased emissions. The risk of failure to attain increases
significantly if the area does not get all the emission reductions
expected from the gasoline volatility program. We also believe the
State's request to implement this program in the expanded 8-hour
nonattainment area is a valid and reasonable request. We note that the
economic hardship for Frontier Refining is limited to the 2010 ozone
season only, and that there are other markets available for its 9.0 psi
gasoline, which means that its product would not be stranded by this
rule. Therefore, we believe that the risk of failure to attain, and the
consequences connected to that outcome, is too great to warrant
granting the relief requested.
Further, we have spoken to other refiners that supply the market
and all have expressed support for the rule. And at least one refiner
has stated it has the capacity to provide more low RVP gasoline to the
area; therefore, it is reasonable to expect that the difference can be
replaced with low RVP gasoline from other sources. In this case the
clear need for the state to receive the emission reductions expected
from this rule, both during the summer of 2010 and later, and the
apparent ability of the industry overall to supply the required low RVP
gasoline warrant not providing the individualized exception to this
rule requested by Frontier Refining.
V. Environmental Impact
The Colorado Department of Public Health and Environment estimated
that 2.7 tons per day of hydrocarbon (HC) emissions would be reduced
from lowering gasoline volatility to 7.8 psi RVP in the expanded Non-
Attainment Area (see docket for analysis).
VI. 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
therefore is not subject to review under the EO.
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.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
However, the Office of Management and Budget (OMB) has previously
approved the information collection requirements contained in the
existing regulations, the phase I and phase 2 volatility rules (55 FR
11868, March 22, 1989 and 55 FR 23658, June 11, 1990) under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
has assigned OMB control number 2060-0178. The OMB control numbers for
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of today's 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 final 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 final 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 proposed rule, we estimated low RVP incremental 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. In the
proposed rule, we indicated that out of total 3.4 million gallons of
gasoline consumed per day in the Denver-Boulder-Greeley-Ft. Collins-
Loveland area during the control season, approximately 133,000 gallons
per day of fuel would need to meet the more stringent low RVP standard.
Applying an average price of $2.50 per gallon for gasoline, the
[[Page 9110]]
incremental costs to produce the needed volume of low RVP gasoline
equates to 0.002% to 0.02% of the total yearly consumer cost of
gasoline in the Denver-Boulder-Greeley-Ft. Collins-Loveland NAA. For
any one retail station that would have to convert entirely from a
stream of 9.0 psi gasoline to low RVP gasoline in the summer season,
the incremental costs, applying the same $2.50 per gallon retail price,
would be 0.2% to 1.4% of the gas revenue during the control season or
0.05% to 0.4% on an annual basis. However, 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.
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 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 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
Under Executive Order 13132, EPA may not issue an action that has
federalism implications and that preempts State law, unless the Agency
consults with State and local officials early in the process of
developing the proposed action.
EPA has concluded that this action will have federalism
implications. Moreover, it also may preempt State law. Current gasoline
performance standards adopted by the state require 9.0 psi gasoline in
the affected area where this rule would require 7.8 psi gasoline.
Accordingly, EPA provides the following federalism summary impact
statement as required by section 6(c) of Executive Order 13132.
EPA consulted with State and local officials early in the process
of developing the proposed action to permit them to have meaningful and
timely input into its development. The State indicated to EPA (see
State's docket submission) that the use of 7.8 psi gasoline in the
entire Denver-Boulder-Greeley-Ft. Collins-Loveland, CO, 8-hour ozone
nonattainment area was necessary to ensure the success of Colorado's
ozone action plan. The state requested EPA undertake this rulemaking to
update the boundaries of the low RVP summer gasoline program to
correspond to current 8-hour ozone nonattainment area boundaries.
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 requested by the state
and codified 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.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This final 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. There are no Tribal lands in the
regulated area. Thus, Executive Order 13175 does not apply to this
action.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This action is not subject to EO 13045 (62 FR 19885, April 23,
1997) because it is not economically significant as defined in EO
12866, and because the Agency does not 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 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 and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law No. 104-113, 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. 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 involved technical standards. Therefore, EPA
did not consider the use of any voluntary consensus standards.
[[Page 9111]]
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 final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the applicable 8-hour ozone NAAQS which establishes the level of
protection provided to human health or the environment. This rule will
tighten the applicable volatility standard of gasoline during the
summer 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 final 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: February 19, 2010.
Lisa P. Jackson,
Administrator.
0
Title 40, chapter I, part 80 of the Code of Federal Regulations 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 and 7601(a).
0
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) * * *
Appicable Standards \1\ 1992 and Subsequent Years
--------------------------------------------------------------------------------------------------------------------------------------------------------
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. 2010-4085 Filed 2-26-10; 8:45 am]
BILLING CODE 6560-50-P
