Removal of the Federal Reformulated Gasoline Program From the Southern Maine Area, 37681-37683 [2021-15127]

Download as PDF 37681 Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Rules and Regulations currently funded EAC projects, as estimated in the table below. Estimated amount Project information Mid-Atlantic Equity Consortium, Project: Center for Education Equity ............................................................................................... Intercultural Development Research Association, Project: IDRA Equity Assistance Center South ................................................... Indiana University, Project: Midwest and Plains Equity Assistance Center ....................................................................................... Metropolitan State University of Denver, Project: Western Educational Equity Assistance Center (WEEAC) .................................. Please note that the Department is not bound by the estimates in this table. Any activities carried out under these continuation awards must be consistent with the scope and objectives of the grantees’ applications as approved in the FY 2016 competition. The requirements for continuation awards are set forth in 34 CFR 75.253. Regulatory Flexibility Act Certification The Secretary certifies that the waiver and extension of the project period would not have a significant economic impact on a substantial number of small entities. The only entities that would be affected by the waiver and extension of the project period are the current grantees. The Secretary certifies that the waiver and extension would not have a significant economic impact on these entities, because the extension of an existing project period imposes minimal compliance costs, and the activities required to support the additional year of funding would not impose additional regulatory burdens or require unnecessary Federal supervision. jbell on DSKJLSW7X2PROD with RULES Paperwork Reduction Act of 1995 This notice of final waiver and extension of the project period does not contain any information collection requirements. Intergovernmental Review This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. One of the objectives of the Executive order is to foster an intergovernmental partnership and a strengthened federalism. The Executive order relies on processes developed by State and local governments for coordination and review of proposed Federal financial assistance. This document provides notification of our specific plans and actions for this program. Accessible Format: On request to the program contact person listed under FOR FURTHER INFORMATION CONTACT, individuals with disabilities can obtain this document in an accessible format. The Department will provide the requestor with an accessible format that may include Rich Text Format (RTF) or text format (txt), a thumb drive, an MP3 VerDate Sep<11>2014 15:56 Jul 15, 2021 Jkt 253001 file, braille, large print, audiotape, or compact disc, or other accessible format. Electronic Access to This Document: The official version of this document is the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations at www.govinfo.gov. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Portable Document Format (PDF). To use PDF, you must have Adobe Acrobat Reader, which is available free at the site. You may also access documents of the Department published in the Federal Register by using the article search feature at www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department. Ian Rosenblum, Deputy Assistant Secretary for Policy and Programs Delegated the Authority to Perform the Functions and Duties of the Assistant Secretary, Office of Elementary and Secondary Education. [FR Doc. 2021–15162 Filed 7–15–21; 8:45 am] $1,640,562 1,641,567 1,607,310 1,642,170 Androscoggin, Sagadahoc, Kennebec, Knox and Lincoln counties (the Southern Maine Area), which are part of the Portland and Midcoast Ozone Maintenance Areas for the 1997 ozone national ambient air quality standard (NAAQS). EPA has determined that this removal of the Federal RFG program for the Southern Maine Area is consistent with the applicable provisions of the Clean Air Act (CAA) and EPA’s regulations. The effective date for removal of the Southern Maine Area from the Federal RFG program is September 30, 2021. FOR FURTHER INFORMATION CONTACT: Mark Coryell, Office of Transportation and Air Quality, U.S. Environmental Protection Agency, 2000 Traverwood, Ann Arbor, MI 48105; telephone number: (734) 214–4446; email address: coryell.mark@epa.gov or Rudy Kapichak, Office of Transportation and Air Quality, U.S. Environmental Protection Agency, 2000 Traverwood, Ann Arbor, MI 48105; telephone number: 734–214–4574; email address: kapichak.rudolph@epa.gov. SUPPLEMENTARY INFORMATION: DATES: I. General Information BILLING CODE 4000–01–P A. Does this action apply to me? 40 CFR Part 80 Entities potentially affected by this final action are fuel producers and distributors who do business in the Southern Maine Area. [EPA–HQ–OAR–2018–0114; FRL–10025–34– OAR] Examples of potentially regulated entities Removal of the Federal Reformulated Gasoline Program From the Southern Maine Area Petroleum refineries ..................... ENVIRONMENTAL PROTECTION AGENCY Environmental Protection Agency (EPA). ACTION: Notification of final action on petition. AGENCY: The Environmental Protection Agency (EPA) is taking final action in announcing its approval of the petition by Maine to opt-out of the Federal reformulated gasoline (RFG) program and remove the requirement to sell Federal RFG for York, Cumberland, SUMMARY: PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 Gasoline Marketers and Distributors ............................................ Gasoline Retail Stations ............... Gasoline Transporters .................. NAICS 1 codes 324110 424710 424720 447110 484220 484230 The above table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. The table lists the types of entities of which EPA is aware that potentially could be affected 1 North E:\FR\FM\16JYR1.SGM American Industry Classification System. 16JYR1 37682 Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Rules and Regulations prohibition in section 211(k)(5) on the sale or dispensing by any person of conventional (non-RFG) gasoline to ultimate consumers in the covered area. The prohibition also includes the sale or dispensing by any refiner, blender, importer, or marketer of conventional gasoline for resale in any covered areas, without segregating the conventional gasoline from RFG and clearly marking conventional gasoline as not for sale to ultimate consumers in a covered area. EPA first published regulations for the B. How can I get copies of this document RFG program on February 16, 1994 (59 and other related information? FR 7716). On July 23, 2013, the Governor of EPA has established a docket for this Maine formally requested, pursuant to action under Docket ID No. EPA–HQ– CAA section 211(k)(6)(B), that the U.S. OAR–2021–0243. All documents in the Environmental Protection Agency (EPA) docket are listed on the www.regulations.gov website. Although extend the requirement for the sale of RFG to the Southern Maine Area listed in the index, some information beginning on May 1, 2014. The Maine may not be publicly available, e.g., Confidential Business Information (CBI) legislature subsequently enacted an or other information whose disclosure is emergency law, Public Law 2013 c.452, effective March 6, 2014, to postpone the restricted by statute. Certain other requirement for the sale of RFG in the material, such as copyrighted material, is not placed on the internet and will be Southern Maine Area until June 1, 2015. Pursuant to that legislation, the publicly available only in hard copy Commissioner of the Maine DEP form. Publicly available docket submitted a request to the EPA on materials are available electronically March 10, 2014, modifying Maine’s through www.regulations.gov. request for the implementation date for II. Background the sale of RFG in the Southern Maine Area to coincide with the new June 1, A. What is the Federal RFG program? 2015 effective date. A current listing of The 1990 CAA Amendments (CAA) the RFG covered areas and a summary established specific requirements for the of RFG requirements can be found on Federal RFG program to reduce ozone EPA’s website at: https://www.epa.gov/ levels in certain areas in the country gasoline-standards/reformulatedexperiencing ground-level ozone or gasoline. smog problems by reducing vehicle B. RFG Opt-Out Procedures emissions of compounds that form ozone, specifically volatile organic The RFG opt-out regulations (40 compounds (VOCs). CAA section CFR1090.290—Changes to RFG covered 211(k)(5) directed EPA to issue areas and procedures for opting out of regulations that specify how gasoline RFG) provide the process and criteria can be ‘‘reformulated’’ to result in for a reasonable transition out of the significant reductions in vehicle RFG program if a state decides to optemissions of ozone-forming and toxic out.2 These RFG opt-out regulations air pollutants relative to the 1990 provide that the governor of the state baseline fuel, and to require the use of must submit a petition to the such reformulated gasoline in certain Administrator requesting to opt-out of ‘‘covered areas.’’ The CAA defined the RFG program. The petition must certain nonattainment areas as ‘‘covered include specific information on how, if at all, the state has relied on RFG in a areas’’ that are required to use RFG and proposed or approved state provided other areas with an ability to implementation plan (SIP) or plan ‘‘opt-in’’ to the RFG program. CAA revision and, if RFG is relied upon, how section 211(k)(6) provides an the SIP will be revised to reflect the opportunity for an area classified as a state’s opt-out from RFG. The opt-out Marginal, Moderate, Serious, or Severe ozone nonattainment area, or which is 2 Pursuant to CAA sections 211(c) and (k) and in the ozone transport region 301(a), EPA promulgated regulations at 40 CFR established by CAA section 184(a), to 80.72 to provide criteria and general procedures for ‘‘opt-in’’ to the RFG program upon states to opt-out of the RFG program where the state application by the governor of the state had previously voluntarily opted into the program. The regulations were initially adopted on July 8, (or authorized representative) and 1996 (61 FR 35673) (the RFG ‘‘Opt-out Rule’’); were subsequent action by EPA. revised on October 20, 1997 (62 FR 54552) and were Similar to other RFG covered areas, subsequently revised on December 4, 2020 (85 FR 78412). RFG opt-in areas are subject to the jbell on DSKJLSW7X2PROD with RULES by this final action. Other types of entities not listed on the table could also be affected by this final action. To determine whether your organization could be affected by this final action, you should carefully examine the regulations in 40 CFR part 1090. If you have questions regarding the applicability of this action to a particular entity, see the FOR FURTHER INFORMATION CONTACT section of this preamble. VerDate Sep<11>2014 15:56 Jul 15, 2021 Jkt 253001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 regulations also provide that EPA will notify the state in writing of the Agency’s action on the petition and the date the opt-out becomes effective (i.e., the date RFG is no longer required in the affected opt-in area) when the petition is approved. The opt-out regulations also provide that EPA will publish a Federal Register notice announcing the approval of any opt-out petition and the effective date of such opt-out. If a SIP revision is required, the effective date of EPA’s approval of the opt-out can be no less than 90 days from the effective date of EPA’s approval of the revision to the SIP that removes RFG as a control measure (40 CFR 1090.290(d)). EPA determined in the RFG ‘‘Opt-out Rule’’ that it would not be necessary to conduct a separate rulemaking for each future opt-out request (61 FR 35673 at 35675 (July 8, 1996)). EPA established a petition process to address, on a caseby-case basis, future individual state requests to opt-out of the RFG program. The RFG opt-out regulations establish clear and objective criteria for EPA to apply. These regulatory criteria address when a state’s petition is complete and the appropriate transition time for opting out. As EPA stated in the preamble to the RFG Opt-out Rule, this application of regulatory criteria on a case-by-case basis to individual opt-out requests does not require notice-andcomment rulemaking, either under CAA section 307(d) or the Administrative Procedure Act. Thus, in this action, EPA is applying the criteria and following the procedures specified in the RFG optout regulations to approve Maine’s petition. C. Opt-Out of RFG for the Southern Maine Area On August 20, 2020, Maine submitted a petition to the EPA Administrator requesting to opt-out from the RFG program for York, Cumberland, Androscoggin, Sagadahoc, Kennebec, Knox and Lincoln counties (the Southern Maine Area), which are part of the Portland and Midcoast Ozone Maintenance Areas for the 1997 ozone NAAQS. EPA finds that Maine has provided the required information in the petition, per 40 CFR 1090.290(d). In order to fulfill the requirements of the RFG opt-out regulations, on August 20, 2020, Maine submitted a revision to its maintenance plan for the Southern Maine Area to remove the emissions reductions associated with the use of RFG in this area and to demonstrate that the RFG opt-out would not interfere with the area’s ability to attain or maintain the 1997, 2008 and 2015 ozone NAAQS and any other NAAQS as E:\FR\FM\16JYR1.SGM 16JYR1 37683 Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Rules and Regulations required by CAA section 110(l) (40 CFR1090.290(d)). EPA published a proposed approval of the SIP revision on March 25, 2021 (86 FR 15844) and a final approval of the SIP revision on June 2, 2021 (86 FR 29520), with an effective date of July 2, 2021. The RFG opt-out regulations provide that the optout effective date shall be no less than 90 days from the EPA SIP approval effective date (40 CFR 1090(d)(2)(ii)). EPA is unaware of any reason that the effective date should be postponed, and therefore, is establishing an opt-out effective date of September 30, 2021 for the Southern Maine Area. As provided by the RFG Opt-out Rule and the opt-out regulations in 40 CFR 1090.290(e), EPA will publish a final rule to remove the seven counties in the Southern Maine Area from the list of RFG covered areas in 40 CFR 1090.285(d) after the effective date of the opt-out. EPA believes that completing this ministerial exercise to revise the list of covered areas in the Code of Federal Regulations after the effective date of the opt-out allows the opt-out to become effective within the timeframe described in 40 CFR 1090.290(d), and allows EPA to keep the lists of RFG covered areas in 40 CFR 1090.285 up to date. III. Action jbell on DSKJLSW7X2PROD with RULES EPA is approving Maine’s petition because it contained the information required by 40 CFR 1090(d) in its petition to EPA to opt-out of the RFG program and revised the approved maintenance plan for the 1997 ozone NAAQS for the Southern Maine Area to remove the emissions reductions associated with RFG. EPA is also determining the opt-out effective date by applying the criteria in 40 CFR 1090.290(d). As discussed in Section II.A. above, the RFG opt-out regulations require that if a state included RFG as a control measure in an approved SIP, the state must revise the SIP, reflecting the removal of RFG as a control measure before an opt-out can be effective, and the opt-out cannot be effective less than 90 days after the effective date of the approval of the SIP revision. EPA published a final approval of Maine’s maintenance plan revision and noninterference demonstration on June 2, 2021 (86 FR 29520), with an effective date of July 2, 2021. In summary, EPA is notifying the public that it has applied its regulatory criteria to approve the petition by Maine to opt-out of the RFG program for the Southern Maine Area of the Portland and Midcoast ozone maintenance area for the 1997 ozone NAAQS and is thereby removing the prohibition on the sale of conventional gasoline in that area as of September 30, 2021 (40 CFR 1090.290(d)). This opt-out effective date applies to retailers, wholesale purchasers, consumers, refiners, importers, and distributors. Michael S. Regan, Administrator. [FR Doc. 2021–15127 Filed 7–15–21; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 [EPA–HQ–OAR–2020–0292; FRL–7822–01– OAR] RIN 2060–AU79 Redesignation of Certain Unclassifiable Areas for the 2010 1-Hour Sulfur Dioxide (SO2) Primary National Ambient Air Quality Standard (NAAQS) Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is redesignating the Lancaster County, Nebraska and Milam County, Texas unclassifiable areas initially designated during the EPA’s Round 2 air quality designations for the 2010 1-Hour Sulfur Dioxide (SO2) Primary National Ambient Air Quality SUMMARY: Standard (NAAQS). Specifically, the EPA now has sufficient information to determine that these unclassifiable areas in Nebraska and Texas are attaining the 2010 1-hour SO2 primary NAAQS. Therefore, the EPA is redesignating these areas to attainment/unclassifiable for the 2010 1-hour SO2 primary NAAQS. The EPA is also approving these states’ requests to redesignate the areas. DATES: This final rule is effective on August 16, 2021. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–HQ–OAR–2020–0292. All documents in the docket are listed in the https://www.regulations.gov. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information 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. Out of an abundance of caution for members of the public and our staff, the EPA Docket Center and Reading Room are currently closed to the public, with limited exceptions, to reduce the risk of transmitting COVID–19. Our Docket Center staff will continue to provide remote customer service via email, phone, and webform. For further information on the EPA Docket Center services and the current status, please visit us online at https://www.epa.gov/ dockets. For general questions concerning this action, please contact Gobeail McKinley, U.S. EPA, Office of Air Quality Planning and Standards, Air Quality Policy Division, C539–04, Research Triangle Park, NC 27709, by email at mckinley.gobeail@epa.gov. The following EPA Regional office contacts can answer questions regarding the specific areas being redesignated: U.S. EPA REGIONAL OFFICE CONTACTS: FOR FURTHER INFORMATION CONTACT: Regional office Affected state Contact Telephone Region VI ........................... Region VII .......................... Texas ................................ Nebraska ........................... Robert Imhoff .................... Will Stone .......................... (214) 665–7262 ................. (913) 551–7714 ................. Most EPA offices are closed to reduce the risk of transmitting COVID–19, but staff remain available via telephone and email. The EPA encourages the public to review information related to the redesignations at https://www.epa.gov/ sulfur-dioxide-designations and in the VerDate Sep<11>2014 15:56 Jul 15, 2021 Jkt 253001 public docket for these SO2 redesignations at https:// www.regulations.gov under Docket ID No. EPA–HQ–OAR–2020–0292. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ means the EPA. PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 Email imhoff.robert@epa.gov. stone.william@epa.gov. I. Background After the promulgation of a new or revised NAAQS, the EPA is required to designate all areas of the country, pursuant to section 107(d)(1)–(2) of the Clean Air Act (CAA). For the 2010 E:\FR\FM\16JYR1.SGM 16JYR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 86, Number 134 (Friday, July 16, 2021)]
[Rules and Regulations]
[Pages 37681-37683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15127]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2018-0114; FRL-10025-34-OAR]


Removal of the Federal Reformulated Gasoline Program From the 
Southern Maine Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of final action on petition.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action in announcing its approval of the petition by Maine to opt-out 
of the Federal reformulated gasoline (RFG) program and remove the 
requirement to sell Federal RFG for York, Cumberland, Androscoggin, 
Sagadahoc, Kennebec, Knox and Lincoln counties (the Southern Maine 
Area), which are part of the Portland and Midcoast Ozone Maintenance 
Areas for the 1997 ozone national ambient air quality standard (NAAQS). 
EPA has determined that this removal of the Federal RFG program for the 
Southern Maine Area is consistent with the applicable provisions of the 
Clean Air Act (CAA) and EPA's regulations.

DATES: The effective date for removal of the Southern Maine Area from 
the Federal RFG program is September 30, 2021.

FOR FURTHER INFORMATION CONTACT: Mark Coryell, Office of Transportation 
and Air Quality, U.S. Environmental Protection Agency, 2000 Traverwood, 
Ann Arbor, MI 48105; telephone number: (734) 214-4446; email address: 
[email protected] or Rudy Kapichak, Office of Transportation and Air 
Quality, U.S. Environmental Protection Agency, 2000 Traverwood, Ann 
Arbor, MI 48105; telephone number: 734-214-4574; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this final action are fuel 
producers and distributors who do business in the Southern Maine Area.

------------------------------------------------------------------------
                                                               NAICS \1\
          Examples of potentially regulated entities             codes
------------------------------------------------------------------------
Petroleum refineries.........................................     324110
                                                                  424710
Gasoline Marketers and Distributors..........................     424720
Gasoline Retail Stations.....................................     447110
Gasoline Transporters........................................     484220
                                                                  484230
------------------------------------------------------------------------

    The above table is not intended to be exhaustive, but rather 
provides a guide for readers regarding entities likely to be regulated 
by this action. The table lists the types of entities of which EPA is 
aware that potentially could be affected

[[Page 37682]]

by this final action. Other types of entities not listed on the table 
could also be affected by this final action. To determine whether your 
organization could be affected by this final action, you should 
carefully examine the regulations in 40 CFR part 1090. If you have 
questions regarding the applicability of this action to a particular 
entity, see the FOR FURTHER INFORMATION CONTACT section of this 
preamble.
---------------------------------------------------------------------------

    \1\ North American Industry Classification System.
---------------------------------------------------------------------------

B. How can I get copies of this document and other related information?

    EPA has established a docket for this action under Docket ID No. 
EPA-HQ-OAR-2021-0243. All documents in the docket are listed on the 
www.regulations.gov website. Although listed in the index, some 
information may not be publicly available, e.g., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available 
electronically through www.regulations.gov.

II. Background

A. What is the Federal RFG program?

    The 1990 CAA Amendments (CAA) established specific requirements for 
the Federal RFG program to reduce ozone levels in certain areas in the 
country experiencing ground-level ozone or smog problems by reducing 
vehicle emissions of compounds that form ozone, specifically volatile 
organic compounds (VOCs). CAA section 211(k)(5) directed EPA to issue 
regulations that specify how gasoline can be ``reformulated'' to result 
in significant reductions in vehicle emissions of ozone-forming and 
toxic air pollutants relative to the 1990 baseline fuel, and to require 
the use of such reformulated gasoline in certain ``covered areas.'' The 
CAA defined certain nonattainment areas as ``covered areas'' that are 
required to use RFG and provided other areas with an ability to ``opt-
in'' to the RFG program. CAA section 211(k)(6) provides an opportunity 
for an area classified as a Marginal, Moderate, Serious, or Severe 
ozone nonattainment area, or which is in the ozone transport region 
established by CAA section 184(a), to ``opt-in'' to the RFG program 
upon application by the governor of the state (or authorized 
representative) and subsequent action by EPA.
    Similar to other RFG covered areas, RFG opt-in areas are subject to 
the prohibition in section 211(k)(5) on the sale or dispensing by any 
person of conventional (non-RFG) gasoline to ultimate consumers in the 
covered area. The prohibition also includes the sale or dispensing by 
any refiner, blender, importer, or marketer of conventional gasoline 
for resale in any covered areas, without segregating the conventional 
gasoline from RFG and clearly marking conventional gasoline as not for 
sale to ultimate consumers in a covered area. EPA first published 
regulations for the RFG program on February 16, 1994 (59 FR 7716).
    On July 23, 2013, the Governor of Maine formally requested, 
pursuant to CAA section 211(k)(6)(B), that the U.S. Environmental 
Protection Agency (EPA) extend the requirement for the sale of RFG to 
the Southern Maine Area beginning on May 1, 2014. The Maine legislature 
subsequently enacted an emergency law, Public Law 2013 c.452, effective 
March 6, 2014, to postpone the requirement for the sale of RFG in the 
Southern Maine Area until June 1, 2015. Pursuant to that legislation, 
the Commissioner of the Maine DEP submitted a request to the EPA on 
March 10, 2014, modifying Maine's request for the implementation date 
for the sale of RFG in the Southern Maine Area to coincide with the new 
June 1, 2015 effective date. A current listing of the RFG covered areas 
and a summary of RFG requirements can be found on EPA's website at: 
https://www.epa.gov/gasoline-standards/reformulated-gasoline.

B. RFG Opt-Out Procedures

    The RFG opt-out regulations (40 CFR1090.290--Changes to RFG covered 
areas and procedures for opting out of RFG) provide the process and 
criteria for a reasonable transition out of the RFG program if a state 
decides to opt-out.\2\ These RFG opt-out regulations provide that the 
governor of the state must submit a petition to the Administrator 
requesting to opt-out of the RFG program. The petition must include 
specific information on how, if at all, the state has relied on RFG in 
a proposed or approved state implementation plan (SIP) or plan revision 
and, if RFG is relied upon, how the SIP will be revised to reflect the 
state's opt-out from RFG. The opt-out regulations also provide that EPA 
will notify the state in writing of the Agency's action on the petition 
and the date the opt-out becomes effective (i.e., the date RFG is no 
longer required in the affected opt-in area) when the petition is 
approved. The opt-out regulations also provide that EPA will publish a 
Federal Register notice announcing the approval of any opt-out petition 
and the effective date of such opt-out. If a SIP revision is required, 
the effective date of EPA's approval of the opt-out can be no less than 
90 days from the effective date of EPA's approval of the revision to 
the SIP that removes RFG as a control measure (40 CFR 1090.290(d)).
---------------------------------------------------------------------------

    \2\ Pursuant to CAA sections 211(c) and (k) and 301(a), EPA 
promulgated regulations at 40 CFR 80.72 to provide criteria and 
general procedures for states to opt-out of the RFG program where 
the state had previously voluntarily opted into the program. The 
regulations were initially adopted on July 8, 1996 (61 FR 35673) 
(the RFG ``Opt-out Rule''); were revised on October 20, 1997 (62 FR 
54552) and were subsequently revised on December 4, 2020 (85 FR 
78412).
---------------------------------------------------------------------------

    EPA determined in the RFG ``Opt-out Rule'' that it would not be 
necessary to conduct a separate rulemaking for each future opt-out 
request (61 FR 35673 at 35675 (July 8, 1996)). EPA established a 
petition process to address, on a case-by-case basis, future individual 
state requests to opt-out of the RFG program. The RFG opt-out 
regulations establish clear and objective criteria for EPA to apply. 
These regulatory criteria address when a state's petition is complete 
and the appropriate transition time for opting out. As EPA stated in 
the preamble to the RFG Opt-out Rule, this application of regulatory 
criteria on a case-by-case basis to individual opt-out requests does 
not require notice-and-comment rulemaking, either under CAA section 
307(d) or the Administrative Procedure Act. Thus, in this action, EPA 
is applying the criteria and following the procedures specified in the 
RFG opt-out regulations to approve Maine's petition.

C. Opt-Out of RFG for the Southern Maine Area

    On August 20, 2020, Maine submitted a petition to the EPA 
Administrator requesting to opt-out from the RFG program for York, 
Cumberland, Androscoggin, Sagadahoc, Kennebec, Knox and Lincoln 
counties (the Southern Maine Area), which are part of the Portland and 
Midcoast Ozone Maintenance Areas for the 1997 ozone NAAQS. EPA finds 
that Maine has provided the required information in the petition, per 
40 CFR 1090.290(d). In order to fulfill the requirements of the RFG 
opt-out regulations, on August 20, 2020, Maine submitted a revision to 
its maintenance plan for the Southern Maine Area to remove the 
emissions reductions associated with the use of RFG in this area and to 
demonstrate that the RFG opt-out would not interfere with the area's 
ability to attain or maintain the 1997, 2008 and 2015 ozone NAAQS and 
any other NAAQS as

[[Page 37683]]

required by CAA section 110(l) (40 CFR1090.290(d)). EPA published a 
proposed approval of the SIP revision on March 25, 2021 (86 FR 15844) 
and a final approval of the SIP revision on June 2, 2021 (86 FR 29520), 
with an effective date of July 2, 2021. The RFG opt-out regulations 
provide that the opt-out effective date shall be no less than 90 days 
from the EPA SIP approval effective date (40 CFR 1090(d)(2)(ii)). EPA 
is unaware of any reason that the effective date should be postponed, 
and therefore, is establishing an opt-out effective date of September 
30, 2021 for the Southern Maine Area.
    As provided by the RFG Opt-out Rule and the opt-out regulations in 
40 CFR 1090.290(e), EPA will publish a final rule to remove the seven 
counties in the Southern Maine Area from the list of RFG covered areas 
in 40 CFR 1090.285(d) after the effective date of the opt-out. EPA 
believes that completing this ministerial exercise to revise the list 
of covered areas in the Code of Federal Regulations after the effective 
date of the opt-out allows the opt-out to become effective within the 
timeframe described in 40 CFR 1090.290(d), and allows EPA to keep the 
lists of RFG covered areas in 40 CFR 1090.285 up to date.

III. Action

    EPA is approving Maine's petition because it contained the 
information required by 40 CFR 1090(d) in its petition to EPA to opt-
out of the RFG program and revised the approved maintenance plan for 
the 1997 ozone NAAQS for the Southern Maine Area to remove the 
emissions reductions associated with RFG. EPA is also determining the 
opt-out effective date by applying the criteria in 40 CFR 1090.290(d). 
As discussed in Section II.A. above, the RFG opt-out regulations 
require that if a state included RFG as a control measure in an 
approved SIP, the state must revise the SIP, reflecting the removal of 
RFG as a control measure before an opt-out can be effective, and the 
opt-out cannot be effective less than 90 days after the effective date 
of the approval of the SIP revision. EPA published a final approval of 
Maine's maintenance plan revision and noninterference demonstration on 
June 2, 2021 (86 FR 29520), with an effective date of July 2, 2021.
    In summary, EPA is notifying the public that it has applied its 
regulatory criteria to approve the petition by Maine to opt-out of the 
RFG program for the Southern Maine Area of the Portland and Midcoast 
ozone maintenance area for the 1997 ozone NAAQS and is thereby removing 
the prohibition on the sale of conventional gasoline in that area as of 
September 30, 2021 (40 CFR 1090.290(d)). This opt-out effective date 
applies to retailers, wholesale purchasers, consumers, refiners, 
importers, and distributors.

Michael S. Regan,
Administrator.
[FR Doc. 2021-15127 Filed 7-15-21; 8:45 am]
BILLING CODE 6560-50-P

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