[Federal Register Volume 66, Number 90 (Wednesday, May 9, 2001)]
[Rules and Regulations]
[Pages 23612-23615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10986]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DC049-2026a; FRL-6973-7]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Oxygenated Gasoline Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the 
District of Columbia State Implementation Plan (SIP). The revision 
makes the oxygenated gasoline program a contingency measure for the 
District of Columbia (the District), which means that the oxygenated 
gasoline program would only be required to be implemented in the 
District if there is a violation of the carbon monoxide (CO) national 
ambient air quality standard (NAAQS). The District's revision also 
makes technical amendments to its oxygenated gasoline regulations which 
correct the deficiencies previously identified by EPA in a January 26, 
1995 final rule granting limited approval/limited disapproval of those 
regulations. Therefore, the limited approval/limited disapproval is 
being converted to a full approval. EPA is approving this revision in 
accordance with the requirements of the Clean Air Act.

DATES: This rule is effective on July 9, 2001 without further notice, 
unless EPA receives adverse written comment by June 8, 2001. 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, 
Air Quality Planning and Information Services 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 
District of Columbia Department of Public Health, Air Quality Division, 
51 N Street, NE., Washington, DC 20002.

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

SUPPLEMENTARY INFORMATION:   

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 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. Sec. 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 monitoring 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 District of Columbia (the 
District) is part of the Metropolitan Washington area 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 District's portion of the Washington, DC. MSA.
    On October 27, 1993, the District officially submitted to EPA a 
revision to its SIP for an oxygenated gasoline program. The District's 
oxygenated gasoline regulations, located at 20 District of Columbia 
Municipal Regulations (DCMR) Chapter 1, Section 199; Chapter 5, Section 
500 and 502 and Chapter 9, Section 904, required the implementation of 
a program to be implemented on a per gallon basis. EPA granted limited 
approval/limited disapproval of these regulations as a SIP revision on 
January 26, 1995 (60 FR 5134).
    On October 12, 1995, the District submitted a redesignation request 
and maintenance plan for its portion of the Metropolitan Washington 
area CO nonattainment area. In its demonstration of maintenance, the 
District showed that its oxygenated gasoline program was not necessary 
for attainment and 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. EPA approved the redesignation request and 
maintenance plan on January 30, 1996 (61 FR 2931).
    The District was required to adopt and submit to EPA a revision to 
their oxygenated gasoline regulation which: (1) required the use of the 
oxygenated gasoline program as a contingency measure if the 
redesignated area violates the CO standard and (2) corrected the 
deficiencies in the regulations previously identified by EPA in the 
January 26, 1995 rulemaking (60 FR 5134).
    On July 3, 1997, the District amended its oxygenated gasoline 
regulations to reflect the requirements of the federally approved CO 
maintenance plan. The regulation revision requires the implementation 
of the oxygenated gasoline program in the District if there are two or 
more exceedances of the of NAAQS for CO in a calendar year. The 
regulation states that the oxygenated gasoline program will not 
commence until at least 180 days after the Mayor

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determines that the contingency measure has been triggered.
    On October 17, 1997, the District submitted the July 3, 1997 
amended oxygenated gasoline regulations as a formal revision to its 
SIP. The revisions to the oxygenated gasoline regulation are found at 
20 DCMR, Chapter 9 (Motor Vehicle Pollutants, Lead, Odors, and Nuisance 
Pollutants), Section 904, new subsection 904.3. These regulatory 
revisions became effective on July 25, 1997. On October 26, 2000 and 
December 8, 2000, the District of Columbia supplemented the October 17, 
1997 SIP submittal. The supplements contain revisions to 20 DCMR at 
subsections 199.1 and 502.18. These revisions correct the deficiencies 
identified in EPA's January 26, 1995 limited approval/limited 
disapproval rulemaking (60 FR 5134). These regulatory revisions were 
adopted by the District of Columbia on October 26, 2000 and became 
effective on December 8, 2000.
    The October 17, 1997 SIP submittal and its October 26 and December 
8, 2000 SIP supplements are the subject of this action. A more detailed 
analysis of the District's submittal is contained in a Technical 
Support Document (TSD) which is available from the Region III office 
listed in the ADDRESSES section of this notice.

III. EPA's Analysis of the District of Columbia's Amendment to Its 
Oxygenated Gasoline Regulation

    As previously stated, on January 26, 1995 (60 FR 5134), EPA 
published a final rule granting limited approval/limited disapproval of 
the District's oxygenated gasoline regulation found in 20 DCMR Sections 
199, 500.4, 500.5, 502.18, 904.1, 904.2. EPA identified three things 
lacking in the District's regulation, namely, a definition for the term 
``carrier'', a sampling procedure, and a procedure for the calculation 
of oxygen content in the gasoline sampled. The October 26, 2000 and 
December 8, 2000 SIP supplements correct the three deficiencies. The 
three deficiencies and EPA's evaluation of the corrections is provided 
below.
    1. The regulation lacks a definition for the term ``carrier'.
    EPA Evaluation--A definition for the term ``carrier'' had been 
added to Subsection 199.1 of 20 DCMR. This definition is acceptable and 
corrects the deficiency.
    2. The regulation lacks a sampling procedure.
    EPA Evaluation--EPA's sampling procedures are detailed in Appendix 
D of 40 CFR Part 80. EPA has recommended that states adopt these 
sampling procedures. The District has revised 20 DCMR Subsection 502.18 
to require the use of the sampling methodologies set forth at 40 CFR 
Part 80, Appendix D or other methods approved by EPA. This deficiency 
has been corrected.
    3. The regulation lacks a procedure for the calculation of oxygen 
content in the gasoline sampled.
    EPA Evaluation--The District has revised 20 DCMR Subsection 502.18 
to require the use of procedures for the calculation of oxygenated 
content in the gasoline found in the EPA guidance document entitled 
``Guidelines for Oxygenated Gasoline Credit Programs under Section 
211(m) of the Clean Air Act as Amended,'' which was made available in 
the Federal Register on October 20, 1992 (57 FR 47853), or other 
methods developed or approved by EPA. This corrects the deficiency.
    This SIP revision also relegates the oxygenated gasoline program to 
a contingency measure, only to be implemented if there are two or more 
exceedances of the NAAQS for CO in a calendar year at any monitor 
located in the Metropolitan Washington, DC MSA. This regulation change, 
found at Subsection 904.3 of 20 DCMR, conforms with the District of 
Columbia's CO maintenance plan which was approved by the EPA as a SIP 
revision on January 30, 1996 (61 FR 2931). The regulation states that 
the oxygenated gasoline program will not commence until at least 180 
days after the Mayor determines that the contingency measure has been 
triggered.

IV. Final Action

    EPA is approving the revisions to 20 DCMR which relegate the 
oxygenated gasoline program to a contingency measure, only to be 
implemented if there are two or more exceedances of the NAAQS for CO in 
a calendar year at any monitor located in the Metropolitan Washington, 
DC MSA. The District's revision also makes technical amendments to the 
oxygenated gasoline regulations which correct the deficiencies 
previously identified in EPA's January 26, 1995 limited approval/
limited disapproval rulemaking. Therefore, the January 26, 1995 limited 
approval/limited disapproval is hereby being converted to a full 
approval. EPA is approving this revision in accordance with the 
requirements of the Clean Air Act.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipate no 
adverse comment. However, in the ``Proposed Rules'' section of today's 
Federal Register, EPA is 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 July 9, 2001 without further 
notice unless EPA receives adverse comment by June 8, 2001. If EPA 
receives adverse comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect. EPA will address all public comments in a subsequent final rule 
based on the proposed rule. EPA will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
at this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.

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 (Public Law 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

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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 July 9, 2001. 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 granting full approval of the District of 
Columbia's oxygenated gasoline regulation and relegating it to be a 
contingency measure of its CO maintenance plan 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, 
Intergovernmental relations, Reporting and recordkeeping requirements.

    Dated: April 24, 2001.
William C. Early,
Acting 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 J--District of Columbia

    2. In Sec. 52.470 the table in paragraph (c) is amended:
    a. Under Chapter 1 by adding a new Section 199 after the existing 
entry for Section 199;
    b. Under Chapter 5 by revising the entry for Section 502.18; and
    c. Under Chapter 9 by revising the entry for Section 904.
    The revisions and addition read as follows:


Sec. 52.470  Identification of plan.

* * * * *
    (c) EPA approved regulations.

                                  EPA-Approved District of Columbia Regulations
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                                                            State
          State citation               Title/Subject      effective     EPA approval date         Comments
                                                             date
----------------------------------------------------------------------------------------------------------------
*                  *                  *                  *                  *                  *
 
                                               Chapter 1--General
 
*                  *                  *                  *                  *                  *
 
Section 199......................  Definitions and           12/8/00  May 9, 2001.........  Addition of the
                                    Abbreviations.                    66 FR 23614.........   definition of the
                                                                                             word ``carrier'' to
                                                                                             subsection 199.1.
 
*                  *                  *                  *                  *                  *
 
                                    Chapter 5--Source Monitoring and Testing
 
*                  *                  *                  *                  *                  *
 
Section 502.18...................  Sampling Tests and        12/8/00  May 9, 2001.........  Provision is amended
                                    Measurements.                     66 FR 23614.........   by adding an
                                                                                             oxygenated gasoline
                                                                                             sampling procedure
                                                                                             and oxygen content
                                                                                             calculation.
 
*                  *                  *                  *                  *                  *
 
                    Chapter 9--Motor Vehicle Pollutants, Lead, Odors, and Nuisance Pollutants
 
Section 904......................  Oxygenated Fuels....      7/25/97  May 9, 2001.........  Addition of
                                                                      66 FR 23614.........   subsection 904.3 to
                                                                                             make the oxygenated
                                                                                             gasoline program a
                                                                                             CO contingency
                                                                                             measure.
*                  *                  *                  *                  *                  *
 
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[FR Doc. 01-10986 Filed 5-8-01; 8:45 am]
BILLING CODE 6560-50-P