Approval of Colorado's Petition To Relax the Federal Gasoline Reid Vapor Pressure Volatility Standard for 1996 and 1997

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[FRL-5457-5]

Approval of Colorado's Petition To Relax the Federal Gasoline

Reid Vapor Pressure Volatility Standard for 1996 and 1997

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rulemaking.

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[[Page 16392]]

SUMMARY: The Environmental Protection Agency (``EPA'' or the

``Agency'') is issuing as a direct final rule its limited approval of

the State of Colorado's petition to relax the Reid Vapor Pressure (RVP)

standard that applies to gasoline introduced into commerce in the

Denver-Boulder ozone nonattainment area from June 1 to September 15.

The standard is to be relaxed from 7.8 pounds per square inch (psi) to

9.0 psi for the years 1996 and 1997. Pursuant to the Clean Air Act

Amendments of 1990, Federal RVP standards were promulgated by EPA on

June 11, 1990 and revised on December 12, 1991. Colorado's petition is

based on evidence that the Denver-Boulder area does not need the 7.8

psi standard to maintain ozone attainment in the near term and that the

7.8 psi standard would impose significant costs on industry and

consumers. Colorado's petition requests a continuation of previous

relaxations of the RVP standard. Prior to today's action, EPA has

approved relaxations for the past four years, from 1992 through 1995.

This action is being taken without prior notice because EPA

believes that this rulemaking is noncontroversial due to the limited

scope of this rulemaking, Colorado's continued attainment of the ozone

standard and for the reasons discussed in this document.

DATES: This action will be effective on May 30, 1996 unless EPA

receives adverse or critical comments by May 15, 1996. If EPA receives

adverse comments by that date, EPA will withdraw this action by

publishing a document in the Federal Register. In a separate action

published today, EPA is concurrently proposing approval of Colorado's

petition to relax the Reid Vapor Pressure standard. All correspondence

should be directed to the addresses shown below.

ADDRESSES: Materials relevant to this rulemaking have been placed in

Docket A-96-10 by EPA. The docket is located at the Docket Office of

the U.S. Environmental Protection Agency, 401 M Street SW., Washington,

DC 20460, Room M-1500 in Waterside Mall and may be inspected from 8:30

a.m. to 5:30 p.m., Monday through Friday. A reasonable fee may be

charged for copying docket material.

Comments should be submitted (in duplicate if possible) to the Air

Docket Section at the above address. A copy should also be sent to the

EPA contact person listed below at the following address: U.S.

Environmental Protection Agency, Office of Air and Radiation, 401 M

Street SW. (6406-J), Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Marilyn Winstead McCall of the Fuels

and Energy Division at 202-233-9029 at the above address.

SUPPLEMENTARY INFORMATION:

I. Background

On August 19, 1987, EPA proposed a two-phase national program to

reduce summertime gasoline volatility.1 EPA found that gasoline

had become increasingly volatile, which caused an increase in

evaporative emissions from gasoline powered sources. These emissions

are volatile organic compounds (VOCs), a precursor of ozone and a major

contributor to the nation's serious ground level ozone problem, which

results in harm to human health and to the public welfare. The Agency

published a Notice of Final Rulemaking on March 22, 1989 that put into

place Phase I of the program to require VOC reductions available

through refining changes that could be accomplished by the beginning of

the 1989 summer ozone season.2 The Phase II volatility standards

were finalized on June 11, 1990 3 and were to go 4 into

effect May 1, 1992.4 5

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\1\ 52 FR 31274 (August 16, 1987).

\2\ 54 FR 11868 (March 22, 1989).

\3\ 55 FR 23658 (June 11, 1990).

\4\ As described in greater detail below, EPA re-promulgated the

Phase II regulations to incorporate changes in the federal RVP

program as directed by the Act.

\5\ For further detail, see the previous notice relaxing the

Colorado RVP standard. 59 FR 15629 (April 4, 1994).

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The Clean Air Act Amendments of 1990 (``CAA'' or ``the Act''),

however, established new requirements for the fuel volatility program.

Section 211(h) of the Act required that EPA modify the Phase II fuel

volatility program. Section 211(h)(1) requires that EPA promulgate

regulations making it unlawful to sell, offer for sale, dispense,

supply, offer for supply, transport, or introduce into commerce,

gasoline with an RVP level in excess of 9.0 psi during the high ozone

season as defined by the Administrator. It further provides that EPA

shall establish more stringent RVP standards in nonattainment areas if

EPA finds such standards are ``necessary to generally achieve

comparable evaporative emissions reductions (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.'' The Act also allows EPA to impose an RVP standard lower than

9.0 psi in any former ozone nonattainment area that is redesignated to

attainment.

On May 29, 1991, EPA published a Notice of Proposed Rulemaking

which modified the Phase II summer ozone volatility standards to

reflect new section 211(h) of the Act.6 In this document, EPA

proposed that, beginning in 1992, the RVP standard would be 9.0 psi in

all attainment areas where this standard was not already in place. This

would prohibit the sale of gasoline with a RVP above 9.0 psi during the

summer ozone season in all areas designated attainment for ozone,

beginning in 1992. For areas designated as nonattainment, EPA proposed

to retain the original Phase II standards published on June 11, 1990.

On December 12, 1991, EPA finalized these modifications.7

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\6\ 56 FR 24242 (May 29, 1991).

\7\ 56 FR 64704 (December 12, 1991).

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The Denver-Boulder metropolitan area is designated nonattainment

for the ozone NAAQS. The nonattainment area encompasses Denver's entire

six-county Consolidated Metropolitan Statistical Area, with the

exception of Rocky Mountain National Park in Boulder County and the

eastern portions of Adams and Arapahoe Counties. Under the Phase II

rule finalized on December 12, 1991, the standard applicable in the

Denver-Boulder nonattainment area beginning in 1992 was 9.0 psi in May

and 7.8 psi from June 1 to September 15. The standard applicable in

other areas of Colorado was 9.0 psi from May 1 to September 15.

On November 6, 1991, EPA issued its ozone nonattainment

designations in the Federal Register pursuant to section 107(d)(1)(C)

of the Act. In that document, EPA designated the Denver-Boulder

nonattainment area to be a ``transitional area'' as determined under

section 185A of the Act. A transitional area is ``an area designated as

an ozone nonattainment area as of the date of enactment of the Clean

Air Act Amendments of 1990 [that] has not violated the national primary

ambient air quality standard for ozone for the 36-month period

commencing on January 1, 1987, and ending on December 31, 1989.''

As stated in the preamble for the Phase II volatility controls

8 and reiterated in the proposed change to the volatility

standards published on May 29, 1991,9 EPA will rely on states to

initiate changes to the EPA volatility program that they believe will

enhance local air quality and/or increase the economic efficiency of

the program,

[[Page 16393]]

within the statutory limits. The Governor of a state may petition EPA

to set a less stringent volatility standard for some month or months.

The petition must demonstrate the existence of a particular local

economic impact that makes such changes appropriate and must

demonstrate that sufficient alternative programs are available to

achieve attainment and maintenance of the ozone National Ambient Air

Quality Standards (NAAQS).

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\8\ The Phase II final rulemaking established procedures by

which states could petition EPA for more or less stringent

volatility standards. 55 FR 23660 (June 11, 1980).

\9\ 56 FR 24242 (May 29, 1991).

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II. Previous EPA Approvals of Colorado's Petitions

A. Petition for 1992 and 1993

On October 16, 1991, Governor Roy Romer requested that EPA amend

the federal RVP standards for the Denver-Boulder ozone nonattainment

area to relax the 7.8 psi standard to 9.0 psi for 1992 and 1993. The

Governor further requested that the 7.8 psi standard take effect

beginning in June 1994, unless the State of Colorado specifically

requested via the Colorado Ozone Maintenance State Implementation (SIP)

plan that the 9.0 psi standard be retained.

On May 12, 1992, EPA proposed approval of Colorado's petition to

relax until 1994 the gasoline volatility standard for the Denver-

Boulder nonattainment area to 9.0 psi. EPA found the request justified

based on the petition itself, the evidence of the costs of

implementation of the 7.8 psi standard and the environmental need for

the 7.8 psi standard. The petition and available evidence sufficiently

demonstrated that retention of the 7.8 psi standard would impose

significant costs on consumers and industry relative to a 9.0 psi

standard, and that the 7.8 psi standard was not necessary for emission

control until 1994 in light of the current transitional status of the

Denver-Boulder area. EPA also determined that a demonstration by

Colorado that sufficient alternative programs were in place to insure

future attainment of the ozone standard was not necessary due to the

State's consistent attainment of the ozone NAAQS since 1986. Finally,

Colorado assured EPA that a two-year relaxation of the standard would

provide sufficient time for the State to complete an ozone maintenance

plan. Such a plan would allow the State to determine if 7.8 psi

gasoline was necessary for continued attainment in future years. Thus,

at that time, the State could determine if a permanent change in the

standard was appropriate. EPA finalized the relaxation of the standard

on April 30, 1993. (For further details, see 53 FR 26067, April 30,

1993.)

B. Petition for 1994 and 1995

On September 15, 1993, Governor Roy Romer again requested that EPA

amend the federal RVP standard for the Denver-Boulder nonattainment

area to extend the relaxation of the RVP standard of 7.8 psi to 9.0 psi

to cover the years 1994 and 1995. The Governor further requested that

the 7.8 psi standard take effect beginning in June of 1996, unless the

State of Colorado specifically requested, via the Colorado Ozone

Maintenance SIP, that the 9.0 psi standard be retained.

As with the previous petition, the petition and available evidence

indicated that retention of the 7.8 psi standard would impose

significant costs on consumers and industry and that the 7.8 psi

standard was not necessary in the short term, given the current

transitional status of the Denver-Boulder area and the area's record of

continued attainment of the ozone standard.

Because of the area's classification as transitional, EPA was

required to determine whether the area had in fact attained the ozone

standard by December 31, 1991. If the Administrator determined that the

area had attained the standard, the state was required to submit,

within twelve months of the determination, a maintenance plan meeting

the requirements of section 175A of the Act.10 In its 1993

petition, the Colorado Air Pollution Control Division (APCD) informed

EPA that the ozone maintenance plan had been delayed due to a lack of

staff resources, but that Colorado was committed to developing a

maintenance plan by early 1995.

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\10\ On October 22, 1992, EPA Region VIII sent a letter to

Governor Romer stating that the Denver-Boulder transitional area had

not violated the ozone NAAQS during the period from January 1, 1987

to December 31, 1991.

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Based on the foregoing, EPA issued a direct final rule on April 4,

1994, relaxing the federal RVP standard from 7.8 psi to 9.0 psi for the

years 1994 and 1995. For 1996, the standard would return to 7.8 psi.

(For further details about this action, see 59 FR 15629, April 4,

1994.)

III. Discussion of Colorado's Petition to Relax the RVP Standard for

1996 and 1997

On December 22, 1995, Govenor Roy Romer sent a letter to William

Yellowtail, Administrator of EPA Region VIII, requesting that EPA amend

the federal RVP standard for the Denver-Boulder nonattainment area to

permanently extend the relaxation of the RVP standard of 7.8 psi to 9.0

psi. Governor Romer specifically requested EPA to retain the 9.0 psi

standard for the 1996 and all future summers, unless the standard is

modified by the Colorado Ozone Maintenance State Implementation Plan

(SIP). Colorado is still in the process of redesignation from

nonattainment status for ozone to attainment status.

Governor Romer's request results from specific resolutions signed

by the Chairman of the Colorado Air Quality Control Commission on

September 22, 1995, which endorsed a permanent relaxation of the RVP

standard based upon testimony provided at a public hearing on August

17, 1995, and after consideration of the environmental and economic

impact of the 7.8 psi federal standard. Documents pertaining to this

hearing are available in the docket for this rulemaking. In forwarding

this request to EPA, Governor Romer is following procedures stated in

the preamble for the Phase II volatility rule. Requests for changes to

the federal volatility standard must include the following:

(1) documentation of the local economic impact of the otherwise

applicable standard, and, (2) an indication that sufficient alternative

programs are available to achieve attainment and maintenance of the

ozone NAAQS.

A. Local Economic and Environmental Factors

The petition and available evidence submitted indicate that

retention of the 7.8 psi standard would impose significant costs on

consumers and industry and that the 7.8 psi standard is not necessary

in the short term given the current transitional status of the Denver-

Boulder area and the area's record of continued attainment of the ozone

standard. Documentation submitted by Colorado indicates that the costs

of implementing a 7.8 psi RVP standard (from the 9.0 psi standard which

has been in place for the past four years) would cost the consumer

about 1.1 cents more per gallon of gasoline and overall, would cost

over $3,000,000.

In a letter of June 20, 1995, the local refinery industry states

that in the 1993 hearing before the Colorado Air Quality Control

Commission, they testified that imposing a 7.8 psi standard at that

time in the Denver-Boulder area would cause many refiners to make

irreversible capital improvements. They stated that these improvements

may not be needed if the maintenance SIP indicates 7.8 psi gasoline is

not needed to maintain ozone compliance. In addition, EPA notes that

because the rest of the Colorado market requires a 9.0 psi standard,

any refinery changes made in

[[Page 16394]]

order to comply with the 7.8 psi standard would be in response only to

the market demand in the Denver-Boulder area. In the June 20 letter,

representatives of the local refinery industry state that the cost

situation has not changed since 1993. In testimony presented at an

August 17, 1995 hearing before the Colorado Air quality Control

Commission, the Air Pollution Control Board (APCD) of the Colorado

Department of Health stated that these increased refinery costs would

vary among refiners.

Minutes and other documentation from the hearing held before the

Colorado Air Quality Control Commission on August 17, 1995, by the Air

Pollution Control Board (APCD) of the Colorado Department of Health

indicate that the APCD supports a relaxation of the RVP standard. There

have been no monitored violations of the ozone NAAQS since 1986. The

APCD noted that the volatility standard for the Denver-Boulder

nonattainment area from 1992 through 1995 was 9.0 psi and no violations

of the standard were recorded. (However, there were single exceedances

of the ozone NAAQS at two monitoring stations during 1993 and one

exceedance at another in 1995.) The APCD also presented modelling data

showing that the mobile source VOC inventory should decrease over the

relevant period, even with projected increases in vehicle miles

travelled (VMT). The APCD concluded that the Denver-Boulder area would

be able to continue attainment of the ozone standard for 1996 and 1997

with 9.0 psi RVP gasoline.

B. Sufficient Alternative Programs

Because Colorado has not violated the ozone standard since 1986,

EPA does not believe it is necessary for the State to show that

sufficient alternative programs are in place to provide for attainment

of the ozone NAAQS. EPA approved the Ozone State Implementation Plan

(SIP) for the Denver-Boulder area in 1983.11 This plan relied upon

emission reductions from the Federal Motor Vehicle Control Program and

an Inspection and Maintenance Program to provide for attainment of the

ozone NAAQS by the statutory deadline of December 31, 1987. Since the

beginning of 1986, none of the area's several ozone air quality

monitors has recorded a violation of the ozone NAAQS. Because the

available data showed no violations, EPA did not require the State to

submit a revised Ozone SIP in 1988 during EPA's nationwide ozone SIP

evaluation. As noted above, the area is currently classified as a

``transitional'' area under section 185(A) of the Act. Under these

circumstances, Colorado need not provide for alternative ozone control

programs in order to obtain a relaxation of the RVP standard to 9.0

psi.

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\11\ 48 FR 55284 (December 12, 1983).

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C. Maintenance Plan

According to Colorado's 1991 petition, the APCD was to have

completed an ozone maintenance plan for the Denver area by June of

1993. The maintenance plan is necessary in order for EPA to redesignate

the area as having attained the ozone standard.12 At the hearing

on the 1993 petition, the Commission raised questions regarding the

inability of the APCD to complete the ozone maintenance plan on time.

At that time, the APCD testified that due to resource limitations

caused by programmatic obligations under the Act, an ozone maintenance

plan assumed a lower priority and could not be completed by the June

1993 deadline. The APCD then concluded that with a two-year extension

of the relaxed RVP standard, a maintenance plan could be developed and

submitted to EPA for approval in early 1995.

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\12\ An ozone maintenance plan that demonstrates long term (10

years) maintenance of the ozone NAAQS must be developed by the state

before an area can be redesignated to attainment.

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While there were additional delays, the APCD has now developed a

maintenance plan which has been proposed for public hearing by the

Commission. The public hearing date and date of consideration by the

Commission is scheduled for March 21, 1996. The Commission is expected

to adopt the maintenance plan on that date and request that Governor

Romer forward a redesignation request, including the maintenance plan,

to EPA for approval thereafter. A copy of the maintenance plan as

proposed for public hearing is available in the docket for this

rulemaking.

IV. EPA's Final Action

A. Relaxation of Colorado's RVP Standard for 1996 and 1997

EPA is approving as a direct final rule the State of Colorado's

request to relax the federal volatility standard for the Denver-Boulder

nonattainment area from the current standard of 7.8 psi to 9.0 psi.

Colorado requested relaxation of the standard for the 1996 and all

future summers. EPA is only approving this relaxation, however, for two

years: 1996 and 1997. EPA cannot approve a permanent change in the RVP

standard until Colorado demonstrates that it can maintain compliance

with the ozone standard. Colorado has developed a maintenance plan

which, with its ozone redesignation request, the State expects to

submit to EPA for approval in the near future. Section 211(h) of the

Act requires EPA to promulgate regulations that shall establish RVP

standards in a nonattainment area that are more stringent than 9.0 psi

``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.'' Based on

Colorado's petition and supporting evidence, EPA believes that the

requested relaxation of the standard is justified for a limited two-

year time period.

The petition and available evidence indicate that retention of the

7.8 psi standard would impose significant costs on consumers and

industry and that the 7.8 psi standard is not necessary in the short

term given the current transitional status of the Denver-Boulder area

and the area's record of continued attainment of the ozone standard.

Colorado has submitted testimony regarding the costs of implementing a

7.8 psi RVP standard which states that a savings of over $3,000,000

would be realized in the Denver-Boulder area during the summer ozone

season based on a savings of approximately 1.1 cents per gallon. This

savings is reasonably close to the savings EPA predicted in the cost

analysis it performed on Colorado's 1991 petition, and circumstances

have not changed significantly in the interim.13 EPA believes,

therefore, that retention of the 7.8 psi standard would impose

significant costs on consumers and industry relative to a 9.0 psi

standard.

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\13\ A detailed analysis of the costs associated with the RVP

program in Colorado can be found in air docket A-92-08, created for

the proposal to grant Colorado's petition for relaxation for 1992

and 1993. 57 FR 20234 (May 12, 1992). This analysis estimated cost

savings of $3,500,000 to $4,000,000 in the Denver-Boulder area

during the ozone season.

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Moreover, EPA agrees with Colorado that the Denver-Boulder area

will not need a 7.8 psi standard to comply with the ozone NAAQS in the

next two years. The area has not violated the standard since 1986.

Since this time, summertime gasoline volatility has been reduced

significantly through the implementation of Phase I and Phase II of the

federal RVP standards. Moreover, ongoing vehicle fleet turnover, as

well as several new requirements of the CAA (such as tighter tailpipe

standards, longer useful life definitions, on-board

[[Page 16395]]

diagnostic and refueling equipment, and enhanced inspection and

maintenance requirements) will continue to help control overall mobile

source emissions of VOCs.

Although EPA believes that a short term relaxation of the RVP

standard will not cause a violation of the ozone NAAQS in the Denver-

Boulder area, EPA is concerned regarding the area's long term

compliance. The Denver-Boulder area's growing population and increase

in vehicle miles travelled generate questions regarding whether

existing emission controls are sufficient to provide for maintenance of

the ozone NAAQS over the long term. Moreover, the area did experience

single exceedances during the 1993 and 1995 ozone seasons at three

monitoring stations. Therefore, the long term maintenance of the

standard in the Denver-Boulder area is in question. Until Colorado

demonstrates that it can maintain compliance with the ozone NAAQS over

the long term, as should be shown in its upcoming maintenance plan, EPA

could not approve a permanent change in the RVP standard for the

Denver-Boulder area.

As previously stated, Colorado is developing a maintenance plan for

the Denver-Boulder area, which should be completed during the two year

period of this relaxation of the RVP standard. The maintenance plan

must show that the ozone standard will be maintained for a period of at

least ten years. The development of this maintenance plan will give

Colorado an opportunity to conduct a comprehensive air quality

modelling exercise to determine what control measures will be necessary

to provide for long term maintenance of the ozone NAAQS. Along with the

existing SIP measures, tighter gasoline volatility and other strategies

will be evaluated to determine the most appropriate and cost-effective

strategy for maintaining the NAAQS. Today's action should provide

Colorado with sufficient time to complete an ozone maintenance plan and

the redesignation of the Denver-Boulder area to attainment.

While the maintenance plan is being developed, EPA believes that

air quality will be protected by the ongoing control programs. The

volatility standard for Denver-Boulder will drop to 7.8 psi in 1998

unless additional action by the Commission and the Governor, backed by

a comprehensive maintenance plan, is taken to extend the 9.0 psi

standard.

B. Direct Final Rulemaking

This action is being taken without prior proposal because EPA

believes that this relaxation in the RVP regulation is

noncontroversial. The effect of this rulemaking is limited to the

Denver-Boulder, Colorado nonattainment area, and EPA anticipates no

significant comments on this action. This action extends a previously

approved relaxation in the RVP standard and will provide Colorado the

necessary time to complete an ozone maintenance plan, at which time a

long term projection will be made regarding the need for a more

stringent RVP standard.

This action will be effective 45 days from the date of this Federal

Register document, unless adverse or critical comments are received

within 30 days of today's document. If EPA receives such comments, this

action will be withdrawn by publishing a subsequent document in the

Federal Register. All public comments in this regard received within

the 30-day comment period will then be addressed in a subsequent final

rule based on EPA's proposal to approve Colorado's petition published

elsewhere in today's Federal Register. No second comment period on this

action will be instituted. If no such comments are received, this

action will be effective May 30, 1996.

V. Environmental Impact

The proposed amendment is not expected to have any adverse

environmental effects. The Denver-Boulder six county nonattainment area

has met the NAAQS since 1986. Current air quality is expected to be

further maintained by a 9.0 psi standard for 1996 and 1997.

VI. Economic Impact

The proposed relaxation of the 7.8 psi standard to 9.0 psi will

result in a cost reduction in refining, and an increase in summertime

gasoline supply levels. For each summer, this translates into

approximately a 1.1 cent per gallon cost savings to consumers at the

pump.

VII. Administrative Requirements

Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 601 through

612, EPA must prepare a regulatory flexibility analysis assessing the

impact of any proposed or final rule on small entities (i.e., small

businesses, small organizations and small governmental jurisdictions).

The Administrator may certify, however, that the rule will not have a

significant impact on a substantial number of small entities. In such

circumstances, a regulatory flexibility analysis is not required.

Under Section 605 of the Regulatory Flexibility Act, I certify that

these regulations will not have a significant impact on a substantial

number of small entities. The regulatory revision is limited to the

Denver-Boulder area and should have no significant economic impact on a

substantial number of small entities. These regulations, therefore, do

not require a regulatory flexibility analysis.

Under Executive Order 12886,14 the Agency must determine

whether a 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:

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\14\ 58 FR 51735 (October 4, 1993).

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(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 rule is not a ``significant

regulatory action'' under the terms of Executive Order 12866 and is

therefore not subject to OMB review. Specifically, this rule will not

have an annual effect on the economy in excess of $100 million, have a

significant adverse impact on competition, investment, employment or

innovation, or result in a major price increase. In fact, as discussed

above, this action will reduce the cost of compliance with Federal

requirements in this area.

Under the Paperwork Reduction Act of 1980, 44 U.S.C. 3501, EPA must

obtain OMB clearance for any activity that will involve collecting

substantially the same information from 10 or more non-Federal

respondents. This direct final rule does not create any new information

requirements or contain any new information collection activities.

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), 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

[[Page 16396]]

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 regulatory relaxation in this action

does not include a federal mandate that may result in estimated costs

of $100 million or more to those entities mentioned above.

The statutory authority for the action in this action today is

granted to EPA by Sections 211 and 301(a) of the Clean Air Act as

amended (42 U.S.C. 7545 and 7601(a)).

List of Subjects in 40 CFR Part 80

Environmental protection, Administrative practice and procedures,

Air pollution control, Fuel additives, Gasoline, Motor vehicle

pollution, Motor vehicle and motor vehicle engines, Penalties,

Reporting and recordkeeping requirements.

Dated: April 4, 1996.

Carol M. Browner,

Administrator.

For the reasons set forth in the preamble, Part 80 of Title 40 of

the Code of Federal Regulations 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)).

2. In Sec. 80.27 the table in paragraph (a)(2) introductory text is

amended by revising the entry for Colorado to read as follows:

Sec. 80.27 Controls and prohibitions on gasoline volatility.

* * * * *

(a) * * *

(2) * * *

Applicable Standards \1\ 1992 and Subsequent Years

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State May June July August Sept

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* * * * * *

Colorado \2\................................... 9.0 7.8 7.8 7.8 7.8

* * * * * *

*

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\1\ Standards are expressed in pounds per square inch (psi).

\2\ The standard for 1992 through 1997 in the Denver-Boulder nonattainment area will be 9.0 for June 1 through

September 15.

* * * * *

[FR Doc. 96-9176 Filed 4-12-96; 8:45 am]

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