Approval and Promulgation of Air Quality Implementation Plans; Alaska

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AK 6-1-6587a; FRL-5293-5]

Approval and Promulgation of Air Quality Implementation Plans;

Alaska

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA approves a State Implementation Plan (SIP) revision

submitted by the State of Alaska implementing an oxygenated gasoline

program in the Municipality of Anchorage. This SIP revision was

submitted to satisfy the requirement of section 211(m) of the Clean Air

Act, as amended (the ``Act''), which requires all carbon monoxide (CO)

nonattainment areas with a design value of 9.5 parts per million (ppm)

or greater based generally on 1988 and 1989 air quality monitoring data

to implement an oxygenated gasoline program.

In the proposed rules section of this Federal Register, EPA is

proposing approval of and soliciting public comment on this requested

SIP revision. If adverse comments are received on this direct final

rule, EPA will withdraw this direct final rule and address the comments

received in a subsequent final rule on the related proposed rule. No

additional opportunity for public comment will be provided. Unless this

direct final rule is withdrawn, EPA will conduct no further rulemaking

on this requested SIP revision.

DATES: This action is effective on December 26, 1995 unless adverse or

critical comments are received by November 24, 1995. If the effective

date is delayed, timely notice will be published in the Federal

Register.

ADDRESSES: Written comments should be addressed to: Montel Livingston,

Office of Air (AT-082), EPA, Docket #AK 6-1-6587, 1200 Sixth Avenue,

Seattle, Washington 98101.

Documents that are incorporated by reference are available for

public inspection at the Air and Radiation Docket and Information

Center, Environmental Protection Agency, 401 M Street, SW, Washington,

D.C. 20460. Copies of material submitted to EPA may be examined during

normal business hours at the following locations: EPA, Region 10, Air &

Radiation Branch, 1200 Sixth Avenue (AT-082), Seattle, Washington

98101, and the Alaska Department of Environmental Conservation, 410

Willoughby, Suite 105, Juneau, Alaska 99801-1795.

FOR FURTHER INFORMATION CONTACT: Montel Livingston, Office of Air (AT-

082), EPA, Seattle, Washington 98101, (206) 553-0180.

SUPPLEMENTARY INFORMATION:

I. Introduction

Motor vehicles are significant contributors of CO emissions. An

important measure for reducing these emissions is the use of cleaner-

burning oxygenated gasoline. Extra oxygen enhances fuel combustion and

helps to offset fuel-rich operating conditions, particularly during

vehicle starting, which are more prevalent in the winter.

Section 211(m) of the Act requires certain States to submit

revisions to their SIPs and implement oxygenated gasoline programs by

no later than November 1, 1992. This requirement applies to States with

CO nonattainment areas with design values of 9.5 ppm or more based

generally on 1988 and 1989 data. Each State's oxygenated gasoline

program must require gasoline for the specified control area to contain

not less than 2.7 percent oxygen by weight during that portion of the

year in which the areas are prone to high ambient concentrations of CO.

Under section 211(m)(2), the oxygenated gasoline requirements are to

cover generally all gasoline sold or dispensed in the larger of the

Consolidated Metropolitan Statistical Area (CMSA) or the Metropolitan

Statistical Area (MSA) in which the nonattainment area is located.

Under section 211(m)(2), the length of the control period, to be

established by the EPA Administrator, shall not be less than four

months unless a State can demonstrate that, because of meteorological

conditions, a reduced control period will assure that there will be no

carbon monoxide exceedances outside of such reduced period. EPA

announced guidance on the establishment of control periods by area in

the Federal Register on October 20, 1992 (57 FR 47769).

In addition to the guidance on establishment of control period by

area, EPA has issued additional guidance related to the oxygenated

gasoline program. On October 20, 1992 (57 FR 47769) EPA announced the

availability of oxygenated gasoline credit program guidelines in the

Federal Register. Under a credit program, marketable oxygen credits may

be generated from the sale of gasoline with a higher oxygen content

than is required (i.e. an oxygen content greater than 2.7 percent by

weight). These oxygen credits may be used to offset the sale of

gasoline with a lower oxygen content than is required. Where a credit

program has been

[[Page 54436]]

adopted, EPA's guidelines provide that no gallon of gasoline should

contain less than 2.0 percent oxygen by weight.

II. Background for This Action

Under section 211(m) of the Act, Alaska was required to submit a

revised SIP under section 110 and part D of title I, which includes an

oxygenated gasoline program for the Municipality of Anchorage. EPA

reaffirmed the boundaries of the Municipality of Anchorage on November

6, 1991 (56 FR 56694); the oxygenated gasoline requirements cover

generally all gasoline sold or dispensed in the MSA boundary. The

oxygenated gasoline program was implemented as scheduled on November 1,

1992. However, within a short period of time, the State received health

and driveability complaints from the general public regarding the use

of Methyl Tertiary Butyl Ether (MTBE) blended gasoline, and the

Governor of Alaska made a decision to temporarily suspend the

oxygenated fuels program while the State investigated the complaints.

The U.S. Congress approved a one-year exemption for Alaska from the

oxygenated fuel requirements as a rider to the 1994 Federal funding

appropriations bill. During this suspension, a series of studies began

which included health, driveability, and effectiveness at cold

temperatures using oxygenated gasoline in climate fluctuations such as

the Municipalities of Anchorage and Fairbanks experience. Also, Alaska

reviewed other options to demonstrate attainment of the CO National

Ambient Air Quality Standards (NAAQS) if oxygenated gasoline continued

to be suspended.

As a result, Anchorage chose to implement an oxygenated fuel

program using an ethanol blend, consisting of 10 percent ethanol blend

with an oxygen content of 3.5 percent. It was fully implemented on

January 1, 1995 and continued through March 31, 1995. This initial

control period for Anchorage using an enthanol blend was successful

with the general public and for air quality--there were no exceedances

of the CO NAAQS. In subsequent years, the program will operate from

November 1 through March 31.

The Oxygenated Gasoline Requirements (18 AAC 53.005-18 AAC 53.190)

were submitted to EPA on March 24, 1994, as a revision to the Alaska

SIP, with its amendments adopted through March 19, 1994 by the Alaska

Department of Envirnomental Conservation.

EPA summarizes its analysis of the State submittal below:

Type of Program and Oxygen Content Requirement

As discussed above, section 211(m)(2) of the Act requires that

gasoline sold or dispensed for use in the specified control areas

contain not less than 2.7 percent oxygen by weight. Under section

211(m)(5), the EPA Administrator issued guidelines for credit programs

allowing the use of marketable oxygen credits. Alaska has elected to

require control area responsible parties (CARs) to supply an average of

at least 2.7 percent oxygen for each control area serviced. A CAR is

defined as a person who owns oxygenated gasoline that is sold or

dispensed from a control area terminal. A blender CAR is, in general, a

party downstream from a terminal who blends oxygenates into gasoline or

who otherwise changes the oxygen content of the gasoline intended for

use in a control area.

To achieve an average of 2.7 percent oxygen, a blender will be

allowed to supply oxygenated gasoline with a minimum of 2.0 percent

oxygen and a maximum of 3.7 percent. Each gallon of fuel pumped by the

retailer must be, at minimum, 2.0 percent oxygen by weight. Trading of

oxygen credits is allowed. The following sections of this notice

address some specific elements of the State's submittal.

Applicability and Program Scope

The State regulations provide that the Alaska Department of

Environmental Conservation (ADEC) will issue a public notice

establishing a control period applicable to the Municipality of

Anchorage. Not less than 75 days before the control period begins, ADEC

will publish the notice in a newspaper serving Anchorage and will send

the notice to each CAR and blender CAR registered with ADEC since the

former control period of November 1, 1992. ADEC established its control

period in accordance with its oxygenated gasoline requirements (18 AAC

53.010) for the Municipality of Anchorage, and this first year's

ethanol-blended fuel program for Anchorage began January 1, 1995

(allowing Alaskan refiners adequate initial setup time to get the

program in place). In subsequent years, Alaska has established that the

oxygenated gasoline program will operate from November 1 through March

1. This control period is consistent with EPA guidance.

EPA guidance suggests that all gasoline sold or dispensed for use

within a given control area and during a given control period should

comply with the average of 2.7 percent oxygen content requirement and

should contain not less than 2.0 percent oxygen by weight. Marketable

oxygen credits should be used or traded only within the boundaries of

the control area in which they were created and only during the

applicable control period.

Alaska's oxygenated gasoline program has both an ``averaging

period'' compliance scheme and a ``per-gallon'' compliance scheme. When

registering, each blender must choose whether to comply on an average

basis or on a per gallon basis. Under the averaging period scheme, all

gasoline sold or dispensed within the control area during a given

averaging period must be, on average, at least 2.7 percent by weight.

In addition, any gasoline sold or dispensed to an ultimate consumer

within the control area and averaging period must contain at least 2.0

percent oxygen by weight. The averaging period in Alaska's program will

be typically November 1 through March 1. The blender may also choose to

comply on a per-gallon basis. Under the per-gallon compliance scheme,

each gallon of gasoline offered for use in a control area must contain

at least 2.7 percent oxygen by weight. These requirements are

consistent with EPA guidance.

Registration and Reporting Requirements

EPA's credit program guidelines suggest that all parties intending

to trade marketable oxygen credits should register with the State at

least 30 days in advance of each control season. The 30 day time period

is intended to allow the State flexibility. Upon acceptance, the State

should issue CAR identification numbers. EPA guidelines indicate that

no party should be allowed to generate, trade, buy or sell credits

without a CAR identification number.

Under Alaska's regulations, at least 30 days before the beginning

of the control period in which a person meets the definition of CAR or

blender CAR, or at least 30 days before conducting activities as a CAR

or blender CAR, that person shall petition for registration as a CAR or

blender CAR. Registration requests must be on forms approved by and

available from ADEC. ADEC will issue each blender a permit containing a

unique identification number within 30 days after submission of a

registration application.

CARs and blender CARs shall pay a registration fee of $100 at the

time of application to compensate for the costs of implementing the

requirements of the oxygenated gasoline program. CAR or blender CARs

shall also pay a preliminary annual fee at the time of registration,

which is based on the

[[Page 54437]]

volume of gallons of oxygenated gasoline that CAR or blender CAR

blended for use within each control area during the preceding averaging

period. On or before May 1, CAR or blender CARs shall pay a final

annual fee that is based on the volume of gallons of oxygenated

gasoline blended for use within each control area during the preceding

averaging period, minus the preliminary annual fee. If the preliminary

annual fee is greater than the determined final annual fee amount due,

no additional fee is due and ADEC will refund the excess fees paid by

June 15.

EPA has also specified that records should be retained by all

parties in the gasoline distribution system. EPA's guidelines impose

responsibilities on various parties in the gasoline industry. Persons

who produce or import gasoline (refiners and importers) are responsible

for assuring that the gasoline is tested and that the accompanying

documentation accurately reflects oxygen content. Persons who

transport, store, or sell gasoline (refiners, importers, blenders,

distributors, resellers, retailers, wholesale purchaser-consumers) have

various responsibilities associated with assuring that only oxygenated

gasoline is sold or dispensed for use in control areas. Terminal owners

and operators are responsible for assuring that the oxygen content of

the gasoline they receive, handle, or dispense is accurate. Retailers

and wholesale purchaser consumers are responsible for assuring that

gasoline intended for sale during the control period contains at least

2.0 percent oxygen by weight.

Under Alaska's regulations, at the end of the control period, CARs

and blender CARs must have an audit conducted by an independent

certified public accountant that consists of a review of the supporting

documentation used to prepare reports required under the oxygenated

program, for accuracy, completeness, and conformance with the

requirements of the program. In addition, CARs and blender CARs must

submit a report no later than 30 days after the last day of each

averaging period that shows compliance with the requirements of the

oxygenated gasoline program. Also, interim reports are due for

November, December and January of each averaging period, no later than

30 days after the last day of each month. Reports must be filed on

forms approved by ADEC. Alaska's rule allows a reporting time frame of

30 days rather than EPA's suggested 15 days. EPA feels that providing

businesses extra reporting time will not compromise environmental

benefits.

EPA guidelines suggest that all parties in the gasoline

distribution network who are located or do business within a control

area, and whose product is eventually sold into the control area for

ultimate use, should be required to keep records concerning certain

day-to-day activities. Under these guidelines, refiners and importers

should be required to keep a copy of all the tests that are performed

on batches of gasoline prior to shipment, as well as copies of the

bills of lading or transfer documents for each batch. Terminal owners

and operators and CARS and blender CARS should be required to keep

records of both the gasoline they receive from upstream parties, as

well as copies of all the tests performed and records created before

the gasoline was transferred to a downstream party. Alaska's program is

consistent with these suggested provisions.

EPA guidelines recommend that CARs and blender CARs commission an

annual attest engagement, performed by either an internal auditor or

independent Certified Public Accountant (CPA). The guidelines encourage

the State to provide the internal auditor or CPA with standardized

forms specifying the methodology to be used for attest engagements.

Alaska's program requires that CARs or blender CARs submit to an attest

engagement conducted by an independent CPA, within 120 days after the

end of an averaging period. Therefore, Alaska's program meets EPA's

recommendations for attest engagements.

Blenders may use attest engagements as a defense to liability. If

EPA notes that the State's program suffers from compliance problems

related to lack of attest engagements, EPA may require the use of

attest engagements as a corrective action.

Prohibited Activities

EPA's credit program guidelines contain provisions designed to

ensure that gasoline failing to meet the 2.0 percent by weight minimum

oxygen content requirement is not available for use within a control

area. Alaska's regulations provide that CARs or blender CARs may not

transfer gasoline for use in a control area that contains less than the

minimum percent of oxygen by weight to parties who are not themselves

registered as CARs or blender CARs. Under EPA's credit program

guidelines, regulated parties, including refiners, importers, oxygenate

blenders, carriers, distributors, or resellers should comply with

recordkeeping requirements. In addition, Alaska's regulations provide

that a terminal that sells or dispenses gasoline intended for use in a

control area should accept gasoline only if transfer documentation

accompanies it, or unless the terminal is a blender registered in

compliance with 18 AAC 53.070. Misrepresenting the oxygen content of

the gasoline in accompanying documents is a violation. Transfer

documents must accompany the gasoline in every link of the gasoline

distribution network except for the final consumer. Non-oxygenated

gasoline may not be sold in any control area during the control period.

Transfer Documents

EPA's credit program guidelines specify that transfer documents

should include the following information: Date of the transfer; name

and address of the transferor and transferee; the volume of the

gasoline that is being transferred; the proper identification of the

gasoline as oxygenated or nonoxygenated; the location of the gasoline

at the time of the transfer; the type of oxygenate; and the oxygen

content of the gasoline (for transfers upstream of the control area

terminal and for transfers between CARs, including the oxygenate volume

of the gasoline). Records are to be kept in a location where they are

available for State review. Alaska's requirements related to transfer

documentation meets EPA's recommendation. These transfer document

requirements will enhance the enforcement of the oxygenated gasoline

regulation by providing a paper trail for each gasoline sample taken by

State enforcement personnel.

Enforcement and Penalty Schedules

The State oversight agency enforces the oxygenated gasoline

regulations. Each State should devise a comprehensive penalty schedule.

Penalties should reflect the severity of a party's violation, the

compliance history of the party, and the potential environmental harm

associated with the violation.

With the consent of the owner or operator, ADEC or its designee

will, in its discretion, enter the premises of any business subject to

the requirements of the oxygenated gasoline program to determine that

business's compliance with the program by inspecting all relevant

records and equipment and taking gasoline samples for testing.

Alaska Statutes, Title 46, Water, Air, Energy and Environmental

Conservation, Sections 46.03.760 and 46.03.790, provide for both civil

and criminal penalties for oxygenated fuel violations. Civil and

criminal penalties include fines up to $10,000 per day for each

violation.

[[Page 54438]]

Test Methods and Laboratory Review

EPA's sampling procedures are detailed in appendix D of 40 CFR part

80. EPA has recommended, in its credit program guidelines, that States

adopt these sampling procedures. Alaska has adopted EPA sampling

procedures.

For the purpose of determining compliance with the requirements of

these guidelines, Alaska's regulation includes a test method. EPA's

guidelines recommend the use of the OFID test, although parties may

elect to use ASTM-D4815-89 or another method, if approved by EPA.

Alaska has elected to use the test method specified in ASTM-D4815-89.

Labeling

EPA was required to issue Federal labeling regulations under

section 211(m)(4) of the Act. These regulations, published in the

Federal Register on October 20, 1992, require the following statement

be posted for a per-gallon program or credit program with a minimum

oxygen content requirement:

``The gasoline dispensed from this pump is oxygenated and will

reduce carbon monoxide pollution from motor vehicles.'' 40 CFR

80.35(a)(1). The Federal regulation also specifies the appearance and

placement requirements for the labels. 40 CFR 80.35(a).

EPA has strongly recommended that States adopt their own labeling

regulations, consistent with the Federal regulation, and Alaska has

done so. EPA therefore approves Alaska's labeling requirement.

EPA's review of the material indicates that the State has adopted

an oxygenated gasoline program for the Municipality of Anchorage in

accordance with the requirements of the Act. EPA approves the Alaska

SIP revision for an oxygenated gasoline program for the Municipality of

Anchorage, 18 AAC 53, Fuel Requirements for Motor Vehicles, Article 1

(Oxygenated Gasoline Requirements, 18 AAC 53.005--18 AAC 53.190) and

Article 9 (General Provisions, 18 AAC 53.990), submitted March 24,

1994, including amendments to the Alaska regulations adopted through

March 19, 1994.

Temporary Variance

Included as part of the State's oxygenated gasoline requirements at

18 AAC 53.150 is a provision for a temporary variance from the

oxygenated gasoline requirements. Under this provision, a temporary

variance may be granted after a public hearing only in narrowly

defined, extreme and unusual circumstances where a refiner can show

that for reasons beyond its control, it cannot comply with the

oxygenated gasoline requirements for a defined period of time. A

refiner must show that all of the conditions listed in the regulation

are met, including that it exercised prudent planning to avoid

noncompliance, and that all reasonable steps were taken to minimize the

noncompliance. The provision also requires the refiner to show that

compliance with the requirements for oxygenated gasoline will be

achieved as soon as possible and to agree to offset all or a portion of

the excess emissions associated with the use of nonconforming gasoline,

where practicable. In addition, the applicant must state a proposed

date by which compliance will be achieved or reestablished. The State

will hold a public hearing to determine whether, and under what

conditions and to what extent, a temporary variance is necessary and

will be permitted. At least two weeks before the public hearing, the

State will give written notice to the applicant and EPA, and will

publish notice of the hearing in a newspaper of general circulation in

the Anchorage control area.

EPA is approving this narrowly crafted provision to permit

temporary variances by finding it consistent with previous EPA guidance

to the states to address the situation where extraordinary

circumstances do not allow a regulated party to comply with the

oxygenated gasoline program under Section 211(m). On October 20, 1992

(57 FR 47769), EPA announced the availability of oxygenated gasoline

credit program guidelines in the Federal Register. In that document,

``Guidelines for Oxygenated Gasoline Credit Programs under Section

211(m) of the CAA,'' EPA wrote that ``in appropriate extreme and

unusual circumstances which are clearly outside the control of the

refiner and which could not have been avoided by the exercise of

prudence, diligence and due care, states should consider allowing a

refiner, for a brief period, to distribute'' nonconforming fuel.

III. Conclusion

EPA, in this action, is approving this revision to the Alaska SIP

for an oxygenated gasoline program.

IV. Administrative Review

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, Part D of the Act

do not create any new requirements, but simply approve requirements

that the state is already imposing. Therefore, because the federal SIP-

approval does not impose any new requirements, I certify that it does

not have a significant impact on any small entities affected. Moreover,

due to the nature of the federal-state relationship under the Act,

preparation of a regulatory flexibility analysis would constitute

federal inquiry into the economic reasonableness of state action. The

Act forbids EPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. U.S.E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42

U.S.C. 7410(a)(2).

Under 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 estimated

costs to State, local, or tribal governments in the aggregate; or to

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 approval action promulgated 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 Federal action approves pre-

existing requirements under State or local law, and imposes no new

Federal requirements. Accordingly, no additional costs to State, local,

or tribal governments, or to the private sector, result from this

action.

The EPA has reviewed this request for revision of the federally-

approved SIP for conformance with the provisions of the 1990 Clean Air

Act Amendments enacted on November 15, 1990. The EPA has determined

that this action conforms with those requirements.

Nothing in this action should be construed as permitting or

allowing or

[[Page 54439]]

establishing a precedent for any future request for revision to any

SIP. Each request for revision to the SIP shall be considered

separately in light of specific technical, economic and environmental

factors and in relation to relevant statutory and regulatory

requirements.

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from E.O. 12866 review.

The EPA is publishing this action without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective December 26, 1995 unless, by November 24, 1995, adverse or

critical comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent document that will

withdraw the final action. All public comments received will be

addressed in a subsequent final rule based on this action serving as a

proposed rule. The EPA will not institute a second comment period on

this action. Any parties interested in commenting on this action should

do so at this time. If no such comments are received, the public is

advised that this action will be effective December 26, 1995.

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by December 26, 1995. 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. This action may not be challenged later in proceedings

to enforce its requirements. (See section 307(b)(2), 42 U.S.C.

7607(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Ozone, Volatile organic

compounds.

Note: Incorporation by reference of the Implementation Plan for

the State of Alaska was approved by the Director of the Office of

Federal Register on July 1, 1982.

Dated: August 30, 1995.

Chuck Clarke,

Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart C--Alaska

2. Section 52.70 is amended by adding paragraph (c)(22) to read as

follows:

Sec. 52.70 Identification of plan.

* * * * *

(c) * * *

(22) On March 24, 1994, ADEC submitted a revision to its SIP for

the State of Alaska addressing the attainment and maintenance of the

National Ambient Air Quality Standards for carbon monoxide in the

Anchorage carbon monoxide nonattainment area.

(i) Incorporation by reference.

(A) March 24, 1994 letter from Alaska Governor Walter Hickel to EPA

Regional Administrator Chuck Clarke including as a revision to the SIP

the State of Alaska, Department of Environmental Conservation, 18 AAC

53, ``Fuel Requirements for Motor Vehicles,'' (Article 1, 18 AAC

53.005--18 AAC 53.190 and Article 9, 18 AAC 53.990) with amendments

adopted through March 19, 1994.

* * * * *

[FR Doc. 95-26316 Filed 10-23-95; 8:45 am]

BILLING CODE 6560-50-P