[Federal Register Volume 66, Number 101 (Thursday, May 24, 2001)]
[Proposed Rules]
[Pages 28813-28815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13141]



  Federal Register / Vol. 66, No. 101 / Thursday, May 24, 2001 / 
Proposed Rules  

[[Page 28813]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[FRL-6984-9]


Approval of Colorado's Petition to Relax the Federal Gasoline 
Reid Vapor Pressure Volatility Standard for 2001

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (``EPA'' or ``the 
Agency'') is proposing to approve the State of Colorado's petition to 
relax the Reid Vapor Pressure (``RVP'') gasoline standard that applies 
to gasoline introduced into commerce in the Denver-Boulder area from 
June 1 to September 15, 2001. The Agency proposes to approve a 
relaxation of the federal RVP standard for this area from 7.8 pounds 
per square inch (``psi'') to 9.0 psi for the year 2001, as an amendment 
to EPA's gasoline volatility regulations at 40 CFR 80.27. The Agency 
does not believe that this action will cause environmental harm to 
Denver/Boulder area residents. EPA has approved relaxations of Denver/
Boulder's RVP standard from 7.8 psi to 9.0 psi for the past eight years 
and the area has remained in compliance with the ozone standard since 
1987.

DATES: Comments on this proposed rule must be received in writing by 
June 25, 2001.

ADDRESSES: Materials relevant to this petition are available for 
inspection in public docket A-2000-53 at the Air Docket Office of the 
EPA, Room M-1500, 401 M Street, SW., Washington, DC 20460, (202)260-
7548, between the hours of 8:00 a.m. to 5:30 p.m., Monday through 
Friday. A duplicate public docket CO-RVP-01 has been established at U. 
S. EPA Region VIII, 999 18th Street, Suite 500, Denver, CO 80202-2466, 
and is available for inspection during normal working hours. Interested 
persons wishing to examine the documents in this docket should contact 
Kerri Fiedler at (303) 312-6493 at least 24 hours before the visiting 
day. As provided in 40 CFR part 2, a reasonable fee may be charged for 
copying docket material.

FOR FURTHER INFORMATION CONTACT: Richard Babst at (202) 564-9473, 
facsimile: (202) 565-2085, e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: For more information on this proposal, 
please see EPA's direct final rule published in the Rules and 
Regulations section of this Federal Register which approves Colorado's 
petition for relaxation of the federal gasoline Reid Vapor Pressure 
standard for 2001. The Agency views this direct final rule as a 
noncontroversial action for the reasons discussed in the Direct Final 
Rule published in today's Federal Register. If no adverse or critical 
comments or requests for a public hearing are received in response to 
this proposal, no further action is contemplated in relation to this 
rule. If EPA receives adverse comments, EPA will withdraw the direct 
final rule and it will not take effect. We will address all public 
comments in a subsequent final rule based on this proposed rule. The 
EPA will not institute a second comment period on this action. Any 
parties interested in commenting on this action should do so at this 
time.

Administrative Requirements

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735 (October 4, 1993), the 
Agency must determine whether the regulatory action 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:
    (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 or 
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 entitlement, 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 
the Executive Order.
    It has been determined that this proposed rule is not a 
``significant regulatory action'' under the terms of Executive Order 
12866 and is therefore not subject to OMB review.

B. Paperwork Reduction Act

    This proposed action does not impose any new information collection 
burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 
3501 et seq., and therefore is not subject to these requirements.

C. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) Public 
Law 104-4 establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local and tribal governments in 
the aggregate, or to the private sector of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, more cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying affected small governments, enabling officials of 
affected small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    EPA has determined that this proposed rule does not contain a 
Federal mandate that may result in expenditures of $100 million or more 
for State, local, and tribal governments in the aggregate or the 
private sector in any one year. Today's proposed rule continues the 
current relaxation of the Federal 7.8 psi RVP gasoline standard and 
thus avoids imposing the costs that the existing Federal regulations 
would otherwise impose. Today's proposed rule, therefore, is not 
subject to the requirements of sections 202 and 205 of the UMRA. In 
addition, because small governments will not be significantly or 
uniquely affected by this proposed rule, the Agency is not required to 
develop a plan with regard to small governments.

[[Page 28814]]

D. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885 (April 23, 1997)) applies 
to any rule that: (1) Is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that EPA has reason to believe may 
have a disproportionate effect on children. If the regulatory action 
meets both criteria, the Agency must evaluate the environmental health 
or safety effects of the planned rule on children and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    This proposed rule is not subject to Executive Order 13045 because 
it is not an economically significant action as defined by 12866, and 
because it does not address an environmental health or safety risk that 
would have a disproportionate effect on children.

E. Executive Order 13132 (Federalism)

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255 (August 
10, 1999)), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that 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.''
    This proposed rule does not have federalism implications. Today's 
proposed rule affects the level of the Federal RVP gasoline standard 
with which businesses supplying gasoline to the Denver/Boulder area 
must comply. It 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. Therefore, 
Executive Order 13132 does not apply to this proposed rule.

F. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, section 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 use available and applicable voluntary consensus standards. This 
proposed rule does not involve technical standards. Therefore, EPA did 
not consider the use of any voluntary consensus standards.

G. Regulatory Flexibility

    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 will not have a significant 
economic impact on a substantial number of small entities because this 
proposed rule continues the relaxation of the Federal volatility 
gasoline standard that has been in effect in the Denver/Boulder area 
since 1992, and thus imposes no new requirements on small entities. 
Instead, today's proposed rule relieves the regulatory burden 
associated with the 7.8 psi RVP requirement that would otherwise apply 
to all entities, including small entities subject to this standard. 
After considering the economic impacts of today's proposed rule on 
small entities, I certify that this action will not have significant 
economic impacts on a substantial number of small entities.

H. Executive Order 13175: Consultation and Coordination with Indian 
Tribal Governments

    On January 1, 2001, Executive Order 13084 was superseded by 
Executive Order 13175. However, this proposed rule was developed during 
the period when Executive Order 13084 was still in force, and so tribal 
considerations were addressed under Executive Order 13084.
    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249 (November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.''
    Today's proposed rulemaking does not have tribal implications. The 
proposed rule affects the level of the Federal RVP standard applicable 
to gasoline supplied to the Denver/Boulder area. It therefore affects 
only refiners, distributors and other businesses supplying gasoline to 
the Denver/Boulder area and will not have substantial direct effects on 
tribal governments, on the relationship between the Federal government 
and Indian tribes, or on the distribution of power and responsibilities 
between the Federal government and Indian tribes, as specified in 
Executive Order 13175. Thus, Executive Order 13175 does not apply to 
this proposed rule.

I. Electronic Copies of Rulemaking

    For more information about this proposed rule and more details as 
described in the preamble to the direct final rule see a copy of this 
rule on the Internet at http://www.epa.gov/otaq under the title: 
``Direct Final--Approval of Colorado's Petition to Relax the Federal 
Gasoline Reid Vapor Pressure Volatility Standard for 2001.''

J. Statutory Authority

    Authority for this action is in sections 211(h) and 301(a) of the 
Clean Air Act as amended by the Clean Air Act Amendments of 1990 (42 
U.S.C. 7545(h) and 7601(a).

List of Subjects in 40 CFR Part 80

    Environmental protection, Administrative practice and procedures, 
Air pollution control, Fuel additives, Gasoline, Motor vehicle and 
motor vehicle engines, Motor vehicle pollution, Penalties, Reporting 
and recordkeeping requirements.

    Dated: May 16, 2001.
Christine Todd Whitman,
Administrator.

    For the reasons set forth in the preamble to this proposal and the 
preamble to the related direct final rule, part 80 of title 40 of the 
Code of Federal Regulations is proposed to be amended as follows:

PART 80--REGULATIONS OF FUELS AND FUEL ADDITIVES

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

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

    2. In Sec. 80.27(a)(2), the table is amended by revising the entry 
for

[[Page 28815]]

Colorado and footnote 2 to read as follows:


Sec. 80.27  Controls and prohibitions on gasoline volatility.

* * * * *
    (a) * * *
    (2) * * *

                               Applicable Standards \1\ 1992 and Subsequent Years
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                   State                         May          June          July         August       September
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Colorado \2\..............................          9.0           7.8           7.8           7.8          7.8
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\1\ Standards are expressed in pounds per square inch (psi).
\2\ The standard for 1992 through 2001 in the Denver-Boulder area designated nonattainment for the 1-hour ozone
  NAAQS in 1991 (see 40 CFR 81.306) will be 9.0 for June 1 through September 15.

[FR Doc. 01-13141 Filed 5-23-01; 8:45 am]
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