[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]
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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.
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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:
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Category Examples of regulated entities
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Industry............................... Petroleum refiners, motor
vehicle gasoline distributors
and retailers.
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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.
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\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.
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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:
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\2\ See 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 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
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Id. at section 3(f)(1)-(4).
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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