Regulation of Fuels and Fuel Additives: Standards for Reformulated and Conventional Gasoline Withdrawal of Reformulated Gasoline Program Extension in Wisconsin

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.

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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has withdrawn the three counties from the federal RFG program.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:

GATEWAY TO TTN TECHNICAL AREAS (Bulletin Boards)

OMS

Rulemaking and Reporting

Fuels

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:

ownload, rotocol, xamine, ew, ist, or elp Selection

or 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 de-

archiving compressed files can be found via ystems Utilities from

the top menu, under rchivers/de-archivers. After getting the files

you want onto your computer, you can quit the TTN BBS with the

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

1. 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