[Federal Register Volume 63, Number 178 (Tuesday, September 15, 1998)]
[Proposed Rules]
[Pages 49317-49321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24637]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[FRL-6161-4]


Regulation of Fuels and Fuel Additives: Extension of the 
Reformulated Gasoline Program to the St. Louis, Missouri Moderate Ozone 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: Under section 211(k)(6) of the Clean Air Act, as amended 
(Act), the Administrator of EPA shall require the sale of reformulated 
gasoline (RFG) in ozone nonattainment areas upon the application of the 
Governor of the state in which the nonattainment area is located. This 
notice proposes to extend the Act's prohibition against the sale of 
conventional (i.e., non-reformulated) gasoline in RFG areas to the St. 
Louis, Missouri moderate ozone nonattainment area. The Agency proposes 
to implement this prohibition on May 1, 1999, for all persons other 
than retailers and wholesale purchaser-consumers (i.e., refiners, 
importers, and distributors). For retailers and wholesale purchaser-
consumers, EPA proposes to implement the prohibition on June 1, 1999, 
as requested by Governor Mel Carnahan of the State of Missouri. On June 
1, 1999, the St. Louis ozone nonattainment area would be a covered area 
for all purposes in the federal RFG program.

DATES: The Agency will hold a public hearing on today's proposal if one 
is requested by September 22, 1998. If a public hearing is held, it 
will take place on Tuesday, September 29, 1998. If a public hearing is 
held on today's proposal, comments must be received by October 30, 
1998. If a hearing is not held, comments must be received by October 
15, 1998.

ADDRESSES: If a public hearing is requested by September 22, 1998, it 
will be held from 9 a.m. until noon at the Renaissance St. Louis 
Hotel--Airport, 9801 Natural Bridge Road, St. Louis, MO. If additional 
time is needed to hear testimony, the hearing will continue from 1 
until 5 p.m. in the same location. If there are no parties interested 
in testifying on this proposal, the hearing will be subject to 
cancellation without further notification. If you wish to testify at 
this public hearing, or if you want to know if the hearing has been 
canceled contact Karen Smith at (202) 564-9674. Materials relevant to 
this document have been placed in Docket A-98-38. The docket is located 
at the Air Docket Section, Mail Code 6102, U.S. Environmental 
Protection Agency, 401 M Street, SW, Washington, DC 20460, in room M-
1500 Waterside Mall. Documents may be inspected from 8 a.m. to 5:30 
p.m. A reasonable fee may be charged for copying docket materials.
    Written comments should be submitted to Air Docket Section, Mail 
Code 6102, U.S. Environmental Protection Agency, 401 M Street, SW, 
Washington, DC 20460. A copy should also be sent to Karen Smith at U.S. 
Environmental Protection Agency, Office of Air and Radiation, 401 M 
Street, SW (6406J), Washington, DC 20460. An identical docket is also 
located in EPA's Region VII office in Docket A-98-38. The docket is 
located at 726 Minnesota Avenue, Kansas City, Kansas, 66101. In Region 
VII contact Wayne G. Leidwanger at (913) 551-7607 or Royan Teter at 
(913) 551-7609. Documents may be inspected from 9 a.m. to noon and from 
1-4 p.m. A reasonable fee may be charged for copying docket material.

FOR FURTHER INFORMATION CONTACT: Karen Smith at U.S. Environmental 
Protection Agency, Office of Air and Radiation, 401 M Street, SW 
(6406J), Washington, DC 20460, (202) 564-9674. An additional contact 
person is Christine Hawk at (202) 564-9672.

SUPPLEMENTARY INFORMATION: Under section 211(k)(6) of the Clean Air 
Act, as amended (Act), the Administrator of EPA shall require the sale 
of reformulated gasoline in an ozone nonattainment area classified as 
Marginal, Moderate, Serious, or Severe upon the application of the 
Governor of the state in which the nonattainment area is located. This 
action proposes to extend the prohibition set forth in section 
211(k)(5) against the sale of conventional (i.e., non-reformulated) 
gasoline to the St. Louis, Missouri moderate ozone nonattainment area. 
The Agency is proposing the implementation date of the prohibition 
described herein to take effect on May 1, 1999 for all persons other 
than retailers and wholesale purchaser-consumers (i.e., refiners, 
importers, and distributors). For retailers and wholesale purchaser-
consumers, EPA is proposing the implementation of the prohibition 
described herein to take effect June 1, 1999 as requested by Governor 
Mel Carnahan of the State of Missouri. As of the implementation date 
for retailers and wholesale purchaser-consumers, the St. Louis ozone 
nonattainment area will be a covered area for all purposes in the 
federal RFG program.
    The preamble and regulatory language are also available 
electronically from the EPA internet Web site. This service is free of 
charge, except for any cost you already incur for internet 
connectivity. A copy of the Federal Register version is made available 
on the day of publication on the primary Web site listed below. The EPA 
Office of Mobile Sources also publishes these notices on the secondary 
Web site listed below.

Internet (Web)

http://www.epa.gov/docs/fedrgstr/EPA-AIR/ (either select desired date 
or use Search feature)

http://www.epa.gov/OMSWWW/ (look in What's New or under the specific 
rulemaking topic)

    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.
    Regulated entities: Entities potentially regulated by this action 
are those which produce, supply or distribute motor gasoline. Regulated 
categories and entities include:

------------------------------------------------------------------------
                Category                  Examples of regulated entities
------------------------------------------------------------------------
Industry...............................  Petroleum refiners, motor      
                                          vehicle gasoline distributors 
                                          and retailers.                
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that EPA is now aware 
could potentially be regulated by this action. Other types of entities 
not listed in the table could also be regulated. To determine whether 
your business is regulated by this action, you should carefully examine 
the list of areas covered by the reformulated gasoline program in 
Sec. 80.70 of title 40 of the Code of Federal Regulations. If you have 
questions regarding the applicability of this action to a particular 
entity, consult the person listed in the preceding FOR FURTHER 
INFORMATION CONTACT section.

[[Page 49318]]

Opportunity for Public Participation

A. Comments and the Public Docket Procedures

    Comments should be submitted in writing to EPA's Air Docket and to 
Karen Smith (see ADDRESSES). Persons with comments containing 
proprietary information must distinguish such information from other 
comments to the greatest extent and label it as ``Confidential Business 
Information.'' If a person making comments wants EPA to base the final 
rule in part on a submission labeled as confidential business 
information, then a non-confidential version of the document which 
summarizes the key data or information should be placed in the public 
docket. Information covered by a claim of confidentiality will be 
disclosed by EPA only to the extent allowed by the procedures set forth 
in 40 CFR part 2. If no claim of confidentiality accompanies the 
submission when it is received by EPA, it may be made available to the 
public without further notice to the person making comments.

B. Public Hearing Procedures

    Any person desiring to present testimony regarding this proposed 
rule at the public hearing (see DATES) should notify the contact person 
listed above of such intent as soon as possible. A sign-up sheet will 
be available at the registration table the morning of the hearing for 
scheduling testimony for those who have not notified the contact 
person. This testimony will be scheduled on a first come, first serve 
basis to follow the previously scheduled testimony.
    EPA suggests that approximately 50 copies of the statement or 
material to be presented be brought to the hearing for distribution to 
the audience. In addition, EPA would find it helpful to receive an 
advance copy of any statement or material to be presented at the 
hearing in order to give EPA staff adequate time to review such 
material before the hearing. Such advance copies should be submitted to 
the contact person listed above.
    The official records of the hearing will be kept open for 30 days 
following the hearing to allow submission of rebuttal and supplementary 
testimony. All such submittals should be directed to the Air Docket, 
Docket No. A-98-38 (see ADDRESSES).
    The Director of EPA's Fuels and Energy Division, Office of Mobile 
Sources, or his/her designee, is hereby designated Presiding Officer of 
the hearing. The hearing will be conducted informally and technical 
rules of evidence will not apply. Because a public hearing is designed 
to give interested parties an opportunity to participate in the 
proceeding, there are no adversary parties as such. Statements by 
participants will not be subject to cross examination by other 
participants. A written transcript of the hearing will be placed in the 
above docket for review. Anyone desiring to purchase a copy of the 
transcript should make individual arrangements with the court reporter 
recording the proceeding. The Presiding Officer is authorized to strike 
from the record statements which he/she deems irrelevant or repetitious 
and to impose reasonable limits on the duration of the statement of any 
witness. This information will be available for public inspection at 
the EPA Air Docket, Docket No. A-98-38 (see ADDRESSES).
    The remainder of this proposed rulemaking is organized in the 
following sections:

I. Background
    Opt-in Provision/Process
II. The Governor's Request
III. Action
IV. Public Participation and Effective Date
V. Environmental Impact
VI. Administrative Designation and Regulatory Analysis
    A. Executive Order 12866
    B. Regulatory Flexibility
    C. Executive Order 12875: Enhancing Intergovernmental 
Partnerships
    D. Executive Order 13084: Consultation and Coordination with 
Indian Tribal Governments
    E. Unfunded Mandates
    F. The Paperwork Reduction Act
    G. Children's Health Protection
    H. National Technology Transfer and Advancement Act of 1995 
(NTTAA)
    I. Statutory Authority

I. Background

Opt-in Provision/Process

    As part of the Clean Air Act Amendments of 1990, Congress added a 
new subsection (k) to section 211 of the Act. Subsection (k) prohibits 
the sale of gasoline that EPA has not certified as reformulated 
(``conventional gasoline'') in the nine worst ozone nonattainment areas 
beginning January 1, 1995. Section 211(k)(10)(D) defines the areas 
covered by the reformulated gasoline (RFG) 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. 1 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 RFG program, such as Sacramento, California. EPA first 
published final regulations for the RFG program on February 16, 1994. 
See 59 FR 7716.
---------------------------------------------------------------------------

    \1\ Applying these 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.
---------------------------------------------------------------------------

    Other ozone nonattainment areas 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 
in ``any area in the State classified under subpart 2 of Part D of 
Title I as a Marginal, Moderate, Serious or Severe'' ozone 
nonattainment area. 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'' RFG. Finally, EPA is to 
publish a Governor's application in the Federal Register.

II. The Governor's Request

    EPA received an application July 13, 1998 from the Honorable Mel 
Carnahan, Governor of the State of Missouri, for the St. Louis moderate 
ozone nonattainment area to be included in the reformulated gasoline 
program. The Governor's letter is set out in full below.

July 10, 1998.
Ms. Carol Browner,
Administrator, U.S. Environmental Protection Agency, 401 M Street, 
SW, Washington, DC 20460

    Dear Administrator Browner: Pursuant to Section 211(k)(6) of the 
Clean Air Act (CAA), I request the U.S. Environmental Protection 
Agency (EPA) extend the requirement for Reformulated Gasoline (RFG) 
to the Missouri portion of the St. Louis ozone non-attainment area 
beginning June 1, 1999.
    Also, be advised that I have directed the Missouri Department of 
Natural Resources to allow for the use of ethanol as a wintertime 
oxygenate in the St. Louis area.
    Thank you for your attention to this matter. I look forward to 
the successful implementation of this program and, ultimately, 
attainment of the federal clean air standards for the St. Louis 
area.
    If you have any further questions or concerns, please contact 
Mr. Stephen Mahfood, Director, Department of Natural Resources.

     Very truly yours,
s/ Mel Carnahan

cc: Dennis Grams, EPA, Region VII

[[Page 49319]]

III. Action

    Pursuant to the Governor's letter and the provisions of section 
211(k)(6), EPA is proposing to apply the prohibitions of subsection 
211(k)(5) to the St. Louis, Missouri ozone nonattainment area as of May 
1, 1999, for all persons other than retailers and wholesale purchaser-
consumers. This date applies to the refinery level and all other points 
in the distribution system other than the retail level. For retailers 
and wholesale purchaser-consumers, EPA is proposing to apply the 
prohibitions of subsection 211(k)(5) to the St. Louis, Missouri ozone 
nonattainment area on June 1, 1999. As of the June 1, 1999 
implementation date, this area would be treated as a covered area for 
all purposes of the federal RFG program.
    The application of the prohibition of section 211(k)(5) to the St. 
Louis ozone nonattainment area could take effect no later than July 13, 
1999, under section 211(k)(6)(A), which stipulates that the effective 
program date must be no ``later than January 1, 1995 or 1 year after 
[the Governor's] application is received, whichever is later.'' For the 
St. Louis nonattainment area, EPA could establish an effective date for 
the start of the RFG program anytime up to this date.
    EPA considers that July 13, 1999 would be the latest possible 
effective date, since EPA expects there to be sufficient domestic 
capacity to produce RFG and therefore has no current reason to extend 
the effective date beyond one year after July 13,1999 under section 
211(k)(6)(B). EPA believes that there is adequate domestic capability 
to support the current demand for RFG nationwide as well as the 
addition of the St. Louis area. According to the Energy Information 
Administration's (EIA) preliminary calculations using survey data and 
demand estimates, it appears that there are adequate RFG supplies for 
the areas currently considering opting-in to the program. An estimated 
63 thousand barrels per day of gasoline are required in St. Louis which 
could be covered by industry's current capacity to supply roughly an 
extra 300 thousand barrels per day of RFG in the eastern half of the 
U.S.
    Like the federal volatility program, the RFG program includes 
seasonal requirements. Summertime RFG must meet certain VOC control 
requirements to reduce emissions of VOCs, an ozone precursor. Under the 
RFG program, there are two compliance dates for VOC-controlled RFG. At 
the refinery level, and all other points in the distribution system 
other than the retail level, compliance with RFG VOC-control 
requirements is required from May 1 to September 15. At the retail 
level (service stations and wholesale purchaser-consumers), compliance 
is required from June 1 to September 15. See 40 CFR 80.78 (a)(1)(v). 
Pipeline requirements and demands for RFG from the supply industry 
drive refineries to establish their own internal compliance date 
earlier than May so that they can then assure that terminals are 
capable of meeting the RFG VOC-control requirements by May 1. Based on 
past success with this implementation strategy, EPA proposes to stagger 
the implementation dates for the St. Louis opt-in to the RFG program.
    Pursuant to its discretion to set an effective date under section 
211(k)(6), EPA is proposing two implementation dates. For all persons 
other than retailers and wholesale purchaser-consumers (i.e., refiners, 
importers, and distributors), EPA is proposing the implementation to 
take effect on May 1, 1999. For retailers and wholesale purchaser-
consumers, EPA is proposing the implementation to take effect on June 
1, 1999. These dates are consistent with the state's request that EPA 
require that the RFG program begin in the St. Louis area on June 1, 
1999. These dates would provide environmental benefits by allowing St. 
Louis to achieve VOC reduction benefits throughout the 1999 VOC-
controlled season. EPA believes these dates provide adequate lead time 
for the distribution industry to set up storage and sales agreements to 
ensure supply. Although EPA is proposing and seeking comments on 
allowing 30 days for the transition period (May 1, 1999 to June 1, 
1999), EPA is also asking for comment on whether retailers and 
wholesale purchaser-consumers believe they could comply with federal 
RFG in 15 days from the effective date set for persons other than 
retailers and wholesale purchaser-consumers.

IV. Public Participation and Effective Date

    The Agency is publishing this action as a proposed rulemaking. The 
Agency will hold a public hearing on today's proposal if one is 
requested on September 29, 1998.
    Section 211(k)(6) states that, ``[u]pon the application of the 
Governor of a State, the Administrator shall apply the prohibition'' 
against the sale of conventional gasoline in any area of the State 
classified as Marginal, Moderate, Serious, or Severe for ozone. 
Although section 211(k)(6) provides EPA discretion to establish the 
effective date for this prohibition to apply to such areas, and allows 
EPA to consider whether there is sufficient domestic capacity to 
produce RFG in establishing the effective date, EPA does not have 
discretion to deny a Governor's request. Therefore, the scope of this 
action is limited to setting an effective date for St. Louis's opt-in 
to the RFG program, and not to decide whether St. Louis should in fact 
opt in. For this reason, EPA is only soliciting comments addressing the 
implementation date and whether there is sufficient capacity to produce 
RFG, and is not soliciting comments that support or oppose St. Louis's 
participating in the program.
    EPA also asks for comment on whether retailers and wholesale 
purchaser-consumers could comply with federal RFG in 15 or 30 days from 
the effective date set for persons other than retailers and wholesale 
purchaser-consumers.
    In setting the effective date, EPA believes it should review the 
many factors that could affect the supply of gasoline to that area. By 
evaluating these and other factors, EPA can make a determination as to 
whether industry's capacity to supply RFG for an opt-in area meets or 
exceeds the demand.

V. Environmental Impact

    The federal RFG program provides reductions in ozone-forming VOC 
emissions, air toxics, and starting in 2000, oxides of nitrogen 
(NOX). Reductions in VOCs and NOX are 
environmentally significant because they lead to reductions in ozone 
formation and in secondary formation of particulate matter, with the 
associated improvements in human health and welfare. Exposure to 
ground-level ozone (or smog) can cause respiratory problems, chest 
pain, and coughing and may worsen bronchitis, emphysema, and asthma. 
Animal studies suggest that long-term exposure (months to years) to 
ozone can damage lung tissue and may lead to chronic respiratory 
illness. Reductions in emissions of toxic air pollutants are 
environmentally important because they carry significant benefits for 
human health and welfare primarily by reducing the number of cancer 
cases each year.
    Missouri's modeling estimates that if federal RFG is required to be 
sold in St. Louis, VOC emissions will be cut by an additional 5.53 
tons/day over the VOC reductions from its current low volatility (RVP) 
gasoline requirement of 7.0 psi. In addition, all vehicles would have 
improved emissions and the area would also get reductions in toxic 
emissions.

[[Page 49320]]

VI. Administrative Designation and Regulatory Analysis

A. Executive Order 12866

    Under Executive Order 12866,2 the Agency must determine 
whether a regulation 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:
---------------------------------------------------------------------------

    \2\ See 58 FR 51735 (October 4, 1993).
---------------------------------------------------------------------------

    (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 of 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 
this Executive Order.3
---------------------------------------------------------------------------

     Id. at section 3(f)(1)-(4).
---------------------------------------------------------------------------

    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.

B. Regulatory Flexibility

    For the following reasons, EPA has determined that it is not 
necessary to prepare a regulatory flexibility analysis in connection 
with this proposed rule. EPA has also determined that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    In promulgating the RFG and the related anti-dumping regulations 
for conventional gasoline, the Agency analyzed the impact of the 
regulations on small businesses. The Agency concluded that the 
regulations may possibly have some economic effect on a substantial 
number of small refiners, but that the regulations may not 
significantly affect other small entities, such as gasoline blenders, 
terminal operators, service stations and ethanol blenders. See 59 FR 
7810-7811 (February 16, 1994). As stated in the preamble to the final 
RFG/anti-dumping rule, exempting small refiners from the RFG 
regulations would result in the failure of meeting CAA standards. 59 FR 
7810. However, since most small refiners are located in the mountain 
states or in California, which has its own RFG program, the vast 
majority of small refiners are unaffected by the federal RFG 
requirements (although all refiners of conventional gasoline are 
subject to the anti-dumping requirements). Moreover, all businesses, 
large and small, maintain the option to produce conventional gasoline 
to be sold in areas not obligated by the Act to receive RFG or those 
areas which have not chosen to opt into the RFG program. A complete 
analysis of the effect of the RFG/anti-dumping regulations on small 
businesses is contained in the Regulatory Flexibility Analysis which 
was prepared for the RFG and anti-dumping rulemaking, and can be found 
in the docket for that rulemaking. The docket number is: EPA Air Docket 
A-92-12.
    Today's proposed rule will affect only those refiners, importers or 
blenders of gasoline that choose to produce or import RFG for sale in 
the St. Louis ozone nonattainment area, and gasoline distributors and 
retail stations in those areas. As discussed above, EPA determined 
that, because of their location, the vast majority of small refiners 
would be unaffected by the RFG requirements. For the same reason, most 
small refiners will be unaffected by today's action. Other small 
entities, such as gasoline distributors and retail stations located in 
St. Louis, which will become a covered area as a result of today's 
action, will be subject to the same requirements as those small 
entities which are located in current RFG covered areas. The Agency did 
not find the RFG regulations to significantly affect these entities. 
Based on this, EPA certifies that this proposed rule would not have a 
significant adverse impact on a substantial number of small entities.

C. Executive Order 12875: Enhancing Intergovernmental Partnerships

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a State, local 
or tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If the mandate is unfunded, EPA must provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected State, local and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of State, local and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.''
    Today's rule does not create a mandate on State, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. Accordingly, the requirements of section 1(a) of Executive 
Order 12875 do not apply to this rule.

D. Executive Order 13084: Consultation and Coordination With Indian 
Tribal Governments

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected and other representatives of 
Indian tribal governments ``to provide meaningful and timely input in 
the development of regulatory policies on matters that significantly or 
uniquely affect their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. Today's proposed rule does 
not create a mandate any tribal governments. The rule does not impose 
any enforceable duties on these entities. Today's proposed rule will 
affect only those refiners, importers or blenders of gasoline that 
choose to produce or import RFG for sale in the St. Louis ozone 
nonattainment area, and gasoline distributors and retail stations in 
those areas. Accordingly, the requirements of section 3(b) of Executive 
Order 13084 do not apply to this rule.

E. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``UMRA''), Pub. L. 104-4, EPA must prepare a budgetary impact 
statement to accompany any general notice of

[[Page 49321]]

proposed rulemaking or final rule that includes a Federal mandate which 
may result in estimated costs to State, local, or tribal governments in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Under section 205, for any rule subject to section 202 EPA 
generally must select the least costly, most cost-effective, or least 
burdensome alternative that achieves the objectives of the rule and is 
consistent with statutory requirements. Under section 203, before 
establishing any regulatory requirements that may significantly or 
uniquely affect small governments, EPA must take steps to inform and 
advise small governments of the requirements and enable them to provide 
input.
    EPA has determined that today's proposed rule does not trigger the 
requirements of UMRA. The rule does not include a Federal mandate that 
may result in estimated annual costs to State, local or tribal 
governments in the aggregate, or to the private sector, of $100 million 
or more, and it does not establish regulatory requirements that may 
significantly or uniquely affect small governments.

F. The Paperwork Reduction Act

    This action does not add any new requirements under the provisions 
of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The Office of 
Management and Budget (OMB) has approved the information collection 
requirements that apply to the RFG/anti-dumping program, and has 
assigned OMB control number 2060-0277 (EPA ICR No. 1591.07).
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information. An Agency may not 
conduct or sponsor, and a person is not required to respond to a 
collection of information unless it displays a currently valid OMB 
control number. The OMB control numbers for EPA's regulations are 
listed in 40 CFR part 9 and 48 CFR Chapter 15.

G. Children's Health Protection

    This proposed rule is not subject to E.O. 13045, entitled 
``Protection of Children From Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it does not involve 
decisions on environmental health risks or safety risks that may 
disproportionately affect children.

H. National Technology Transfer and Advancement Act of 1995 (NTTAA)

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Pub. L. 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. The NTTAA directs EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards.
    This proposed rulemaking does not involved technical standards. 
Therefore, EPA is not considering the use of any voluntary consensus 
standards.

I. Statutory Authority

    The Statutory authority for the action proposed today is granted to 
EPA by sections 211(c) and (k) and 301 of the Clean Air Act, as 
amended; 42 U.S.C. 7545(c) and (k) and 7601.

List of Subjects in 40 CFR Part 80

    Environmental protection, Air pollution control, Fuel additives, 
Gasoline, Motor vehicle pollution.


    Dated: September 9, 1998.
Carol M. Browner,
Administrator.

    40 CFR part 80 is proposed to be amended as follows:

PART 80--[AMENDED]

    1. The authority citation for part 80 is revised to read as 
follows:

    Authority: Secs. 114, 211, and 301(a) of the Clean Air Act, as 
amended (42 U.S.C. 7414, 7545 and 7601(a)).

    2. Section 80.70 is amended by adding paragraph (n) as follows:


Sec. 80.70  Covered areas.

* * * * *
    (n) The prohibitions of section 211(k)(5) will apply to all persons 
other than retailers and wholesale purchaser-consumers on May 1, 1999. 
The prohibitions of section 211(k)(5) will apply to retailers and 
wholesale purchaser-consumers on June 1, 1999. As of the effective date 
for retailers and wholesale purchaser-consumers, the St. Louis, 
Missouri ozone nonattainment area is a covered area. The geographical 
extent of the covered area listed in this paragraph shall be the 
nonattainment boundaries for the St. Louis ozone nonattainment area as 
specified in 40 CFR 81.326.

[FR Doc. 98-24637 Filed 9-14-98; 8:45 am]
BILLING CODE 6560-50-P