Regulation of Fuels and Fuel Additives: Standards for
Reformulated and Conventional Gasoline Withdrawal of Reformulated
Gasoline Program Extension in Wisconsin
[Federal Register: May 3, 1995]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[AMS-FRL-5201-4]
Regulation of Fuels and Fuel Additives: Standards for
Reformulated and Conventional Gasoline Withdrawal of Reformulated
Gasoline Program Extension in Wisconsin
AGENCY: Environmental Protection Agency.
ACTION: Withdrawal of final rule.
SUMMARY: The Clean Air Act, as amended, directs the Administrator of
EPA to apply the prohibition against the sale of conventional gasoline
under EPA's reformulated gasoline (RFG) regulations in an ozone
nonattainment area upon the application of the governor of the state in
which the nonattainment area is located. On December 29, 1994, EPA
issued a direct final rule (DFRM) extending the prohibition set forth
in section 211(k)(5) of the Act to three moderate ozone non-attainment
areas in Wisconsin, including those counties in the federal RFG
program. EPA is withdrawing the direct final rule, because the governor
has withdrawn the three counties from the federal RFG program.
EFFECTIVE DATE: This action is effective April 25, 1995.
ADDRESSES: Materials directly relevant to the direct final rule are
contained in Public Docket No. A-94-46, located at Room M-1500,
Waterside Mall (ground floor), U.S. Environmental Protection Agency,
401 M Street SW, Washington, D.C. 20460. Other materials relevant to
the reformulated gasoline final rule are contained in Public Dockets A-
91-02 and A-92-12. The docket may be inspected from 8:00 a.m. until
4:00 p.m. Monday through Friday. As provided in 40 CFR part 2, a
reasonable fee may be charged by EPA for copying docket materials.
FOR FURTHER INFORMATION CONTACT: Joann Jackson Stephens, U.S. EPA
(RDSD-12), Regulation Development and Support Division, 2565 Plymouth
Road, Ann Arbor, MI 48105. Telephone: (313) 668-4507. To Request Copies
of This Notice Contact: Delores Frank, U.S. EPA (RDSD-12), Regulation
Development and Support Division, 2565 Plymouth Road, Ann Arbor, MI
48105. Telephone: (313) 668-4295.
SUPPLEMENTARY INFORMATION: A copy of this action is available on the
EPA's Office of Air Quality Planning and Standards (OAQPS) Technology
Transfer Network Bulletin Board System (TTNBBS). The service is free of
charge, except for the cost of the phone call. The TTNBBS can be
accessed with a dial-in phone line and a high-speed modem per the
following information:
TTN BBS: 919-541-5742
(1200-14400 bps, no parity, 8 data bits, 1 stop bit)
Voice Help-line: 919-541-5384
Accessible via Internet: TELNETttnbbs.rtpnc.epa.gov
Off-line: Mondays from 8:00 AM to 12:00 Noon ET
When first signing on, the user will be required to answer some basic
informational questions for registration purposes. After completing the
registration process, proceed through the following series of menus:
<T> GATEWAY TO TTN TECHNICAL AREAS (Bulletin Boards)
<M> OMS
<K> Rulemaking and Reporting
<3> Fuels
<9> Reformulated gasoline
A list of ZIP files will be shown, all of which are related to the RFG
rulemaking process. To download any file, type the instructions below
and transfer according to the appropriate software on your computer:
<D>ownload, <P>rotocol, <E>xamine, <N>ew, <L>ist, or <H>elp Selection
or <CR> to exit: D filename.zip
You will be given a list of transfer protocols from which you must
choose one that matches with the terminal software on your own
computer. The software should then be opened and directed to receive
the file using the same protocol. Programs and instructions for dearchiving
compressed files can be found via <S>ystems Utilities from
the top menu, under <A>rchivers/de-archivers. After getting the files
you want onto your computer, you can quit the TTN BBS with the
<G>oodbye command. Please note that due to differences between the
software used to develop the document and the software into which the
document may be downloaded, changes in format, page length, etc. may
occur.
I. Background
As part of the Clean Air Act Amendments of 1990, Congress added a
new subsection (k) to section 211 of the Clean Air Act. Subsection (k)
prohibits the sale of gasoline that EPA has not certified as
reformulated in the nine worst ozone nonattainment areas beginning
January 1, 1995. EPA published final regulations for the RFG program on
February 16, 1994 and on August 2, 1994. See 59 FR 7716 and 59 FR
39258. Corrections and clarifications to the final RFG regulations were
published July 20, 1994. See 59 FR 36944.
EPA has determined the nine covered areas to be the metropolitan
areas including Los Angeles, Houston, New York City, Baltimore,
Chicago, San Diego, Philadelphia, Hartford and Milwaukee. Any other
ozone nonattainment area classified under subpart 2 of Part D of Title
I of the Act as a Marginal, Moderate, Serious or Severe may be included
in the program at the request of the Governor of the state in which the
area is located. Section 211(k)(6)(A) provides that upon the
application of a Governor, EPA shall apply the prohibition against the
sale of conventional gasoline (gasoline EPA has not certified as
reformulated) in any area classified as an ozone nonattainment area
classified as an ozone nonattainment area \1\ and EPA is to publish a
governor's application in the Federal Register. To date, EPA has
received and published applications from the Mayor of the District of
Columbia and the Governors of the following states with ozone
nonattainment areas: Connecticut, Delaware, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode
Island, Virginia, Texas, and Kentucky. Since submitting opt-in
applications, some states (Pennsylvania, Maine, and New York) have
recently requested to opt-out of the RFG program for various reasons.
\1\ EPA promulgated such designations pursuant to Section
107(d)(4) of the Act (56 FR 56694; November 6, 1991).
[[Page 21725]]
Governor Tommy G. Thompson of Wisconsin submitted two letters dated
April 6, 1994 and August 2, 1994 requesting to opt-in the reformulated
gasoline program. The DFRM published by EPA on January 11, 1995 (60 FR
2693) extended the reformulated gasoline program to three moderate
ozone nonattainment areas in Wisconsin: Sheboygan, Manitowoc, and
Kewaunee counties to be effective May 1, 1995 at the terminal and June
1, 1995 at the retail level. The Agency published a Direct Final Rule
because it viewed the addition of the three ozone nonattainment areas
in Wisconsin to the RFG program and the May 1/June 1 effective dates as
non-controversial given the level of coordination between EPA,
Wisconsin, and industry on the opt-in request and thus, anticipated no
adverse or critical comments.
II. Withdrawal of the Wisconsin Opt-in DFRM
After publication of the DFRM in the Federal Register, Governor
Tommy G. Thompson of Wisconsin submitted a letter dated March 31, 1995
requesting the termination of the federal reformulated gasoline program
slated for extension to Wisconsin's three moderate ozone nonattainment
counties of Sheboygan, Manitowoc, and Kewaunee.
After publication of the DFRM in the Federal Register, the Agency
also received adverse comments expressing concern about the economic
impact of the reformulated gasoline program on Kewaunee County citizens
and small businesses, as well as border/supply issues. A copy of these
comments can be found in Public Docket A-94-46.
Since receiving the Governor's letter and adverse comments which
were submitted to EPA, as was stipulated in the DFRM, the final rule
adding the three Wisconsin nonattainment areas to the RFG program is
being withdrawn by today's action and is effective immediately. Today's
withdrawal affects the amendment of Sec. 80.70, paragraphs (l) and
(l)(1) appearing at 60 FR 2693 (January 11, 1995), which were to become
effective March 13, 1995.
EPA is withdrawing this provision to the reformulated and
conventional gasoline regulations without providing prior notice and an
opportunity to comment because it finds there is good cause within the
meaning of 5 U.S.C. 553(b) to do so. For the same reasons, EPA finds it
has good cause under 5 U.S.C. 533(d) to make this withdrawal
immediately effective.
III. Statutory Authority
The statutory authority for the action finalized today is granted
to EPA by Sections 114, 211(c) and (k) and 301 of the Clean Air Act, as
amended; 42 U.S.C. 7414, 7545(c) and (k), and 7601.
IV. Administrative Requirements
A. Administrative Designation
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may:
(1) have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or,
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that this withdrawal is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 requires Federal agencies to
identify potentially adverse impacts of federal regulations upon small
entities. Pursuant to section 605(b) of the Regulatory Flexibility Act,
5 U.S.C. 605(B) et seq., the Administrator certifies that this
regulation will not have a significant impact on a substantial number
of small entities.
C. Paperwork Reduction Act
The Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq., and
implementing regulations, 5 CFR Part 1320, do not apply to this action
as it does not involve the collection of information as defined
therein.
D. Unfunded Mandates Act
Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded
Mandates Act''), signed into law on March 22, 1995, EPA must prepare a
budgetary impact statement to accompany any proposed or final rule that
includes a Federal mandate that may result in expenditure by State,
local, and tribal governments, in the aggregate; or by the private
sector, of $100 million or more. Under Section 205, EPA must select the
most cost-effective and least burdensome alternative that achieves the
objectives of the rule and is consistent with statutory requirements.
Section 203 requires EPA to establish a plan for informing and advising
any small governments that may be significantly or uniquely impacted by
the rule.
EPA has determined that the action promulgated today does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local or tribal governments in the
aggregate, or to the private sector. This action has the net effect of
reducing burden of the reformulated gasoline program on regulated
entities. Therefore, the requirements of the Unfunded Mandates Act do
not apply to this action.
List of Subjects in 40 CFR Part 80
Environmental protection, Air pollution control, Fuel additives,
Gasoline, Motor vehicle pollution.
Dated: April 25, 1995.
Carol M. Browner,
Administrator.
40 CFR part 80 is amended as follows:
PART 80--REGULATION OF FUELS AND FUEL ADDITIVES
The authority citation for part 80 continues to read as follows:
Authority: Sections 114, 211 and 301(a) of the Clean Air Act as
amended, (42 U.S.C. 7414, 7545 and 7601(a)).
Sec. 80.70 [Amended]
2. In Sec. 80.70 paragraph (l) is removed.
[FR Doc. 95-10882 Filed 5-2-95; 8:45 am]
BILLING CODE 6560-50-P
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