[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]


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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.

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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.
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    \1\EPA promulgated such designations pursuant to section 
107(d)(4) of the Act (56 FR 56694; November 6, 1991).
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    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
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    \2\See 56 FR 56764, 54765 (November 6, 1991).
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    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
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    \3\59 FR 7852 (February 16, 1994).
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    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