[Federal Register Volume 65, Number 33 (Thursday, February 17, 2000)]
[Rules and Regulations]
[Pages 8051-8053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3357]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[VA103-5047a; FRL-6534-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Commonwealth of Virginia; Oxygenated Gasoline Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action on a revision to the 
Commonwealth of Virginia State Implementation Plan (SIP). The revision 
makes the oxygenated gasoline program a contingency measure of the 
maintenance plan for the Northern Virginia area, which means that the 
oxygenated gasoline program would only be required to be implemented in 
the Northern Virginia area if there is a violation of the carbon 
monoxide (CO) national ambient air quality standard (NAAQS). EPA is 
approving this revision in accordance with the requirements of the 
Clean Air Act.

DATES: This rule is effective on April 3, 2000 without further notice, 
unless EPA receives adverse written comment by March 20, 2000. If EPA 
receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Written comments should be mailed to David L. Arnold, Chief, 
Ozone and Mobile Sources Branch, Mailcode 3AP21, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the Air 
Protection Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103; the Air and 
Radiation Docket and Information Center, U.S. Environmental Protection 
Agency, 401 M Street, SW, Washington, DC 20460; and the Virginia 
Department of Environmental Quality, 629 East Main Street, Richmond, 
Virginia, 23219.

FOR FURTHER INFORMATION CONTACT: Kelly L. Bunker, (215) 814-2177, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION: In this document the term ``we'' refers to 
EPA.

I. Introduction

    Motor vehicles are significant contributors of carbon monoxide (CO) 
emissions. An important control measure to reduce these emissions is 
the use of oxygenates in motor vehicles' gasoline. Extra oxygen 
enhances fuel combustion, which tends to be less efficient in cold 
weather. The oxygen

[[Page 8052]]

also helps to offset fuel-rich operating conditions, particularly 
during vehicle starting, which are more prevalent in the winter. By 
adding oxygenates to gasoline, exhaust emissions of carbon monoxide are 
reduced. A gasoline blend containing 2.7 percent (%) oxygen by weight 
will result in a 15% to 20% reduction in CO emissions.
    Section 211(m) of the Clean Air Act, 42 U.S.C.7401 et seq. (the 
Act) requires that states with carbon monoxide nonattainment areas with 
design values of 9.5 parts per million (ppm) or more, based on data for 
the two year period of 1988 and 1989 or any two year period after 1989, 
submit revisions to their State Implementation Plan (SIP) which 
establish oxygenated gasoline programs. These programs were to begin no 
later than November 1, 1992.
    The oxygenated gasoline programs must require gasoline in the 
specified control areas to contain not less than 2.7% oxygen by weight 
(known as a per-gallon program), except that states may adopt an 
averaging program employing marketable oxygen credits. Where an 
averaging program is adopted, gasoline containing oxygen above 2.7% by 
weight may offset the sale of gasoline with a oxygen content below 2.7% 
by weight.
    The minimum 2.7% standard shall apply during that portion of the 
year in which the areas are prone to high ambient concentrations of CO. 
The Act requires that the oxygenated gasoline program apply to all 
gasoline sold or dispensed in the larger of the Consolidated 
Metropolitan Statistical Area (CMSA) or the Metropolitan Statistical 
Area (MSA) in which the nonattainment area is located.

II. Background

    EPA determined that the 1988 and 1989 data for the Metropolitan 
Washington area was invalid because of poor data quality and therefore 
inadequate to properly characterize the ambient concentrations of CO. 
Therefore, data from 1987 and 1988 was used and the Metropolitan 
Washington area was designated as a CO nonattainment area with a design 
value of 11.4 ppm. The county of Arlington and the city of Alexandria 
are both part of the Metropolitan Washington CO nonattainment area. 
Consequently, as per the requirements of section 211(m) of the Act, an 
oxygenated gasoline program was required to be implemented in the 
Virginia portion of the Washington, DC MSA. The Virginia portion of the 
Washington, DC MSA includes the counties of Arlington, Fairfax, 
Loudoun, Prince William, and Stafford, and the cities of Alexandria, 
Fairfax, Falls Church, Manassas, and Manassas Park.
    On November 20, 1992 the Virginia Department of Environmental 
Quality (VADEQ) officially submitted to EPA a revision to the Virginia 
SIP for an oxygenated gasoline program in the Northern Virginia portion 
of the Washington, DC MSA. Virginia's oxygenated gasoline regulations, 
which was adopted by the Virginia Department of Agricultural and 
Consumer Services (Board of) at VR 115-04-28, required the 
implementation of an per-gallon program. We approved these revisions to 
the SIP on April 15, 1994 (59 FR 17942).
    On October 4, 1995 the Commonwealth of Virginia submitted to EPA a 
redesignation request and maintenance plan for the Northern Virginia 
portion of the Metropolitan Washington CO nonattainment area. In its 
demonstration of maintenance, the Commonwealth showed that oxygenated 
gasoline in the Northern Virginia portion of the Washington, DC MSA was 
not necessary for continued maintenance of the CO national ambient air 
quality standards (NAAQS). The oxygenated gasoline program was 
relegated to a contingency measure in the maintenance plan. If the 
redesignated area violates the CO standard then the oxygenated gasoline 
program would be reinstated at the beginning of the next oxygenated 
gasoline control period. We approved the redesignation request and 
maintenance plan on January 30, 1996 (61 FR 2931). By September 1, 
1997, Virginia committed to adopt and submit to EPA a revision to its 
oxygenated gasoline regulation which required the implementation of the 
program at the beginning of the next control period after two or more 
exceedances of the CO NAAQS had occurred in a single calendar year.
    On October 2, 1996, Virginia revised its oxygenated gasoline 
regulations to reflect the requirements of the federally approved CO 
maintenance plan for Northern Virginia. The regulation revision 
requires the implementation of the oxygenated gasoline program in the 
Northern Virginia area only in the event that there are two or more 
exceedances of the CO NAAQS in a calendar year.
    On April 30, 1997, the Commonwealth of Virginia submitted the 
October 2, 1996 oxygenated gasoline regulation amendments as a formal 
revision to its SIP. The Virginia oxygenated gasoline regulation is 
found at 2 VAC 5 Chapter 480--Regulation Governing the Oxygenation of 
Gasoline (formerly VR 115-04-28). The submittal consisted of a copy of 
the final oxygenated gasoline regulation amendments found at 2 VAC 5 
Chapter 480, section 20, Applicability, comment and response documents 
and proof that public notice and hearing was given on the proposed 
regulation. These regulatory revisions were adopted by the Commonwealth 
on October 2, 1996 and became effective on November 1, 1996. The April 
30, 1997 SIP submittal is the subject of this action. EPA summarizes 
its analysis of the state submittal below. A more detailed analysis of 
the state submittal is contained in a Technical Support Document (TSD) 
which is available from the Region III office listed in the ADDRESSES 
section of this document.

III. EPA's Analysis of Virginia's Amendment to Their Oxygenated 
Gasoline Regulation

    The revision to 2 VAC 5 Chapter 480, section 20, relegates the 
oxygenated gasoline program to a contingency measure, only to be 
implemented if there are two or more exceedances of the CO NAAQS in a 
calendar year in the Northern Virginia area. The regulation requires 
the commencement of the oxygenated gasoline program at least 180 days 
after notice has been given in the Virginia Register. This regulation 
change conforms to the Northern Virginia CO maintenance plan which was 
approved by the EPA on January 30, 1996 (61 FR 2931). The oxygenated 
gasoline regulation which was federally approved on April 15, 1994 (59 
FR 17942) remains the same except for the above stated implementation 
change.

IV. Final Action

    EPA is approving the amendments to 2 VAC 5 Chapter 480, section 20 
as a revision to the Virginia SIP.
    EPA is publishing this rule without prior proposal because we view 
this as a noncontroversial amendment and anticipate no adverse comment. 
However, in the ``Proposed Rules'' section of today's Federal Register, 
we are publishing a separate document that will serve as the proposal 
to approve the SIP revision if adverse comments are filed. This rule 
will be effective on April 3, 2000 without further notice unless we 
receive adverse comment by March 20, 2000. If we receive adverse 
comment, we will publish a timely withdrawal in the Federal Register 
informing the public that the rule will not take effect. We will 
address all public comments in a subsequent final rule based on the 
proposed rule. We will not institute a second comment period on this 
action. Any parties interested in commenting must do so at this time.

[[Page 8053]]

V. Administrative Requirements

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4). For the same reason, this 
rule also does not significantly or uniquely affect the communities of 
tribal governments, as specified by Executive Order 13084 (63 FR 27655, 
May 10, 1998). This rule will not have substantial direct effects on 
the States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999), because it merely approves a state rule 
implementing a federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by April 17, 2000. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action approving a revision to Virginia's 
oxygenated gasoline regulation may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference.

    Dated: January 31, 2000.
Bradley M. Campbell,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart VV--Virginia

    2. Section 52. 2420 is amended by adding paragraphs (c)(136) to 
read as follows:


Sec. 52.2420  Identification of plan.

* * * * *
    (c) * * *
    (136) Revisions to the Virginia Regulations, to relegate the 
oxygenated gasoline program to a carbon monoxide contingency measure, 
submitted on April 30, 1997 by the Virginia Department of Environmental 
Quality:
    (I) Incorporation by reference.
    (A) Letter of April 30, 1997 from the Virginia Department of 
Environmental Quality transmitting the oxygenated gasoline regulation 
amendments as a SIP revision.
    (B) Revisions to 2 VAC 5 Chapter 480, Section 20, Applicability. 
These revisions became effective November 1, 1996.
    (ii) Additional Material.--Remainder of April 30, 1997 submittal

[FR Doc. 00-3357 Filed 2-16-00; 8:45 am]
BILLING CODE 6560-50-P