[Federal Register Volume 59, Number 144 (Thursday, July 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18388]
[Federal Register: July 28, 1994]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[AMS-FRL-5022-3]
Regulation of Fuels and Fuel Additives: Standards for
Reformulated Gasoline
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Application for Extension of the Reformulated
Gasoline Program to the Kentucky portions of the Louisville and the
Cincinnati-Hamilton ozone non-attainment areas.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the application by the Governor of the
state of Kentucky to have the prohibition set forth in section
211(k)(5) of the Clean Air Act, as amended, (the Act) applied to the
Kentucky portions of the Louisville and Cincinnati-Hamilton ozone non-
attainment areas. Under section 211(k)(6) the Administrator of EPA
shall apply the prohibition against the sale of gasoline which has not
been reformulated to be less polluting in an ozone nonattainment area
upon the application of the governor of the state in which the
nonattainment area is located.
DATES: The effective date of the prohibition described herein is
January 1, 1995 (see the Supplementary Information section of this
notice for a discussion of the possible delay of this date).
ADDRESSES: Materials relevant to this Notice are contained in Public
Docket Nos. A-91-02 and A-92-12. This docket is located in Room M-1500,
Waterside Mall (ground floor), U.S. Environmental Protection Agency,
401 M Street S.W., Washington, D.C. 20460. The docket may be inspected
from 8:30 a.m. until 12:00 noon and from 1:30 p.m. until 3:00 p.m.
Monday through Friday. A reasonable fee may be charged by EPA for
copying docket materials.
FOR FURTHER INFORMATION CONTACT: Joann Jackson Stephens, U.S. EPA
(RDSD-12), National Vehicle and Fuel Emissions Laboratory, 2565
Plymouth Road, Ann Arbor, MI 48105, Telephone: (313) 668-4276.
SUPPLEMENTARY INFORMATION:
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. To be certified as reformulated a gasoline must comply
with the following formula requirements: oxygen content of at least 2.0
percent by weight; benzene content of no more than 1.0 percent by
volume; and no heavy metals (with a possible waiver for metals other
than lead). The gasoline must also achieve toxic and volatile organic
compound emissions reductions equal to or exceeding the more stringent
of a specified formula fuel or a performance standard.
Section 211(k)(10)(D) defines the areas covered by the reformulated
gasoline program as the nine ozone nonattainment areas having a 1980
population in excess of 250,000 and having the highest ozone design
values during the period 1987 through 1989. Applying those criteria,
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. Under section
211(k)(10)(D), any area reclassified as a severe ozone nonattainment
area under section 181(b) is also to be included in the reformulated
gasoline program.
Any other ozone nonattainment area 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 selling conventional
gasoline (gasoline EPA has not certified as reformulated) in any area
requested by the Governor which has been classified under subpart 2 of
part D of title I of the Act as a Marginal, Moderate, Serious or Severe
ozone nonattainment area.1 Subparagraph 211(k)(6)(A) further
provides that EPA is to apply the prohibition as of the date the
Administrator ``deems appropriate, not later than January 1, 1995, or 1
year after such application is received, whichever is later.'' In some
cases the effective date may be extended for such an area as provided
in section 211(k)(6)(B) based on a determination by EPA that there is
``insufficient domestic capacity to produce'' reformulated gasoline.
Finally, 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 Connecticut,
Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey,
New York, Pennsylvania, Rhode Island, Vermont, Virginia, and Texas.
Although Vermont has requested to opt-in to the program, states without
ozone nonattainment areas, such as Vermont, can not do so.
---------------------------------------------------------------------------
\1\EPA promulgated such designations pursuant to section
107(d)(4) of the Act (56 FR 56694; November 6, 1991).
---------------------------------------------------------------------------
EPA published final regulations for the reformulated gasoline
program on February 16, 1994 (59 FR 7716).
II. The Governor's Request
EPA received an application from the Hon. Brereton C. Jones,
Governor of the State of Kentucky, for the Kentucky portions of the
Louisville and the Cincinnati-Hamilton ozone non-attainment areas to be
included in the reformulated gasoline program. His application is set
out in full below.
[State of Kentucky letterhead]
September 19, 1993.
Ms. Carol Browner, Administrator,
U.S. Environmental Protection Agency, 401 M Street, SW., Washington,
DC 20460
Dear Ms. Browner: In accordance with Section 211(k), (6)(A) of
the Federal Clean Air Act, I request that, beginning January 1,
1995, the prohibition applying to the sale of conventional gasoline
be extended to the Kentucky portion of the Louisville ozone non-
attainment area and the Kentucky portion of the Cincinnati-Hamilton
ozone non-attainment area. The Kentucky portion of the Louisville
non-attainment area consists of Jefferson County and a portion of
Bullitt and Oldham Counties. The Kentucky portion of the Cincinnati
ozone non-attainment area consists of Boone, Campbell and Kenton
Counties.
The Kentucky Natural Resources and Environmental Protection
Cabinet recommended that I apply to you to require the use of
reformulated gasoline in these counties in order to help achieve the
reduction of volatile organic compounds mandated in Section
182(b)(1) of the Clean Air Act. The revision to Kentucky's State
Implementation Plan for achieving a 15% reduction of volatile
organic compounds due by November 15, 1993 will include emission
reductions gained by the use of reformulated gasoline.
Sincerely,
Brereton C. Jones.
III. Action
Pursuant to the governor's letter and the provisions of section
211(k)(6), the prohibitions of subsection 211(k)(5) will be applied to
the Kentucky portions of the Louisville and Cincinnati-Hamilton ozone
non-attainment areas beginning January 1, 1995 (unless delayed, as
provided above). The Kentucky portion of the Louisville non-attainment
area consists of Jefferson County and a portion of Bullitt and Oldham
Counties. The Kentucky portion of the Cincinnati ozone non-attainment
area consists of Boone, Campbell and Kenton Counties. These ozone
nonattainment areas are classified as moderate.2
---------------------------------------------------------------------------
\2\See 56 FR 56764, 54765 (November 6, 1991).
---------------------------------------------------------------------------
Based on the governor's application, EPA's final rule for
reformulated gasoline included these areas as covered area (40 CFR
80.70(j)).3
---------------------------------------------------------------------------
\3\59 FR 7852 (February 16, 1994).
---------------------------------------------------------------------------
The application of the prohibitions to the Kentucky portions of the
Louisville and Cincinnati-Hamilton areas cannot take effect any earlier
than January 1, 1995 under section 211(k)(5) and cannot take effect any
later than January 1, 1995, under section 211(k)(6)(A), unless the
Administrator extends the effective date by rule under section
211(k)(6)(B).
Dated: July 15, 1994.
Carol M. Browner,
Administrator.
[FR Doc. 94-18388 Filed 7-27-94; 8:45 am]
BILLING CODE 6560-50-P