Regulation of Fuels and Fuel Additives: Extension of the Reformulated Gasoline Program to Maine's Southern Counties |
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Gina McCarthy
Environmental Protection Agency
August 28, 2014
[Federal Register Volume 79, Number 167 (Thursday, August 28, 2014)]
[Proposed Rules]
[Pages 51288-51292]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20177]
[[Page 51288]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[EPA-HQ-OAR-2014-0283; FRL 9915-08-OAR]
RIN 2060-AS19
Regulation of Fuels and Fuel Additives: Extension of the
Reformulated Gasoline Program to Maine's Southern Counties
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
extend the Clean Air Act's (CAA) prohibition against the sale of
conventional gasoline in reformulated gasoline (RFG) areas to the
southern Maine counties of York, Cumberland, Sagadahoc, Androscoggin,
Kennebec, Knox, and Lincoln. This proposal is based on a request from
the Governor of the State of Maine for areas within the ozone transport
region established under the CAA. The CAA does not give the EPA
discretion to deny a Governor's request on this matter. The scope of
the EPA's discretion is limited to establishing the date that the
prohibition commences. Consistent with the Governor's request, the EPA
proposes that this prohibition commence on May 1, 2015 for all
refiners, importers, and distributors in the Maine counties referenced
in the Governor's request, and on June 1, 2015 for all retailers and
wholesale purchaser-consumers in those counties. The EPA is also adding
in its RFG opt-out rules a provision to reflect that there is a four-
year minimum opt-in period for areas that opt into the RFG program on
the basis of their location within the ozone transport region. This
clarification will align the federal regulation for RFG opt-out
requirements with the CAA.
DATES: Comments must be received on or before September 29, 2014 unless
a public hearing is requested by September 12, 2014. If the EPA
receives such a request, we will publish information related to the
timing and location of the hearing and a new deadline for public
comment.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2014-0283, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: a-and-r-Docket@epa.gov.
Mail: Air Docket, Environmental Protection Agency,
Mailcode: 6102T, 1200 Pennsylvania Ave. NW., Washington, DC 20460,
Attention Docket ID No. EPA-HQ-OAR-2014-0283. Please include a total of
two copies.
Hand Delivery: Air and Radiation Docket, EPA Docket
Center, WJC West Building, Room 3334, 1301 Constitution Avenue NW.,
Washington, DC 20004. Attention Docket ID No. EPA-HQ-OAR-2014-0283.
Please include two copies. Such deliveries are accepted only during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2014-0283. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov
or email. The www.regulations.gov Web site is an ``anonymous access''
system, which means that EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to the EPA without going through
www.regulations.gov your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, the EPA recommends that you include your name and other
contact information in the body of your comment and with any disk or
CD-ROM you submit. If the EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, the EPA may not
be able to consider your comment. Electronic files should avoid the use
of special characters, any form of encryption, and be free of any
defects or viruses. For additional information about the EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Air Docket, EPA/DC, EPA
West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the Air
Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Patty Klavon, Office of Transportation
and Air Quality, Environmental Protection Agency, 2000 Traverwood
Drive, Ann Arbor, Michigan 48105; telephone number: (734) 214-4476; fax
number: (734) 214-4052; email address: klavon.patty@epa.gov.
SUPPLEMENTARY INFORMATION: The contents of this preamble are listed in
the following outline:
I. General Information
II. Public Participation
III. Background and Proposal
IV. Environmental Impact
V. Statutory and Executive Order Reviews
I. General Information
A. Does this action apply to me?
Entities potentially affected by this rule are fuel producers and
distributors who do business in Maine.
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NAICS \1\
Examples of potentially regulated entities codes
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Petroleum refineries.................................... 324110
Gasoline Marketers and Distributors..................... 424710
424720
Gasoline Retail Stations................................ 447110
Gasoline Transporters................................... 484220
484230
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\1\ North American Industry Classification System.
[[Page 51289]]
The above table is not intended to be exhaustive, but rather
provides a guide for readers regarding entities likely to be regulated
by this action. The table lists the types of entities of which the EPA
is aware that potentially could be affected by this rule. Other types
of entities not listed on the table could also be affected by this
rule. To determine whether your organization could be affected by this
rule, you should carefully examine the regulations in 40 CFR 80.70. If
you have questions regarding the applicability of this action to a
particular entity, call the person listed in the FOR FURTHER
INFORMATION CONTACT section of this preamble.
B. What should I consider as I prepare my comments?
1. Submitting CBI
Do not submit CBI to the EPA through www.regulations.gov or email.
Clearly mark the part or all of the information that you claim to be
CBI. For CBI information in a disk or CD-ROM that you mail to the EPA,
mark the outside of the disk or CD-ROM as CBI and then identify
electronically within the disk or CD-ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
2. Tips for Preparing Your Comments
When submitting comments, remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree, suggest alternatives,
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
3. Docket Copying Costs
You may be required to pay a reasonable fee for copying docket
materials.
II. Public Participation
A. Public Comments
Clean Air Act (CAA) section 211(k)(6)(B) states that, ``[o]n
application of the Governor of a State in the ozone transport region
established by [section 184(a) of the CAA], the Administrator . . .
shall apply the prohibition'' against the sale of conventional gasoline
to any area of the State other than an area classified as a marginal,
moderate, serious, or severe ozone nonattainment area. CAA section
211(k)(6)(B) provides the EPA limited discretion to establish the date
that this prohibition commences based on consideration of whether there
is sufficient capacity to supply RFG to the area. However, the CAA does
not give the EPA discretion to deny a Governor's request for an RFG
opt-in for a qualifying area.
The EPA is acting on a request made by the Governor of the State of
Maine to extend the CAA prohibition against the sale of conventional
gasoline in RFG areas to the southern Maine counties of York,
Cumberland, Sagadahoc, Androscoggin, Kennebec, Knox, and Lincoln (the
``Southern Maine Counties'') which are part of the ozone transport
region established by CAA Section 184(a). The State of Maine requested
that the prohibition commence on June 1, 2015. Therefore, the scope of
today's action is limited to proposing the date on which the
prohibition commences for the Southern Maine Counties' opt-in to the
federal RFG program, and not whether those counties should opt in to
the federal RFG program. Thus, the EPA is not soliciting comments that
support or oppose participation by the Southern Maine Counties in the
federal RFG program. The EPA is, however, requesting comment regarding
whether there will be a sufficient capacity to supply RFG to these
seven counties beginning May 1, 2015 for refiners, importers, and
distributors, and on June 1, 2015 for retailers and purchaser-
consumers.
Additionally, the EPA is adding in its opt-out regulations at 40
CFR 80.72 a provision to reflect that there is a four-year minimum opt-
in period for areas that opt into the RFG program on the basis of their
location within the ozone transport region. This clarification will
align the federal regulation for RFG opt-out requirements with CAA
section 211(k)(6)(B)(ii)(II).
B. Public Hearing
The EPA will not hold a public hearing on this matter unless a
request is received by the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble by September 12, 2014. If
the EPA receives such a request, we will publish information related to
the timing and location of the hearing and a new deadline for public
comment.
III. Background and Proposal
A. Background on the Federal Reformulated Gasoline Program
The purpose of the federal RFG program is to improve air quality in
certain areas through the use of gasoline that is reformulated to
reduce motor vehicle emissions of tropospheric ozone-forming compounds,
as set forth in CAA section 211(k)(1). The EPA first published
regulations for the federal RFG program on February 16, 1994. (59 FR
7716). RFG makes up over 30 percent of the volume of motor vehicle
gasoline consumed in the United States \2\ and is used in 17 states and
the District of Columbia.\3\
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\2\ See the U.S. Energy Information Administration statistics on
consumption and sales of petroleum and other liquids at: http://www.eia.gov/petroleum/reports.cfm?t=164.
\3\ For a map showing current RFG areas, please visit the EPA's
Web site at: http://www.epa.gov/otaq/fuels/gasolinefuels/rfg/areas.htm.
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CAA section 211(k)(5) prohibits the sale of conventional gasoline
(i.e., gasoline that the EPA has not certified as reformulated) in
certain ozone nonattainment areas beginning January 1, 1995. CAA
section 211(k)(10)(D) defines the areas initially covered by the
federal RFG program as 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.\4\ In addition, under CAA
section 211(k)(10)(D), any area reclassified as a severe ozone
nonattainment area under CAA section 181(b) is also included in the
federal RFG program. Finally, CAA sections 211(k)(6)(A) and (B) allow
areas classified as Marginal, Moderate, Serious, or Severe ozone
nonattainment
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areas, or areas within the ozone transport region established under CAA
section 184, to opt into the RFG program at the request of the Governor
of the State in which the area is located.
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\4\ Applying these criteria, the 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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Maine is in the ozone transport region established under CAA
section 184, and its request to opt into the RFG program was made
pursuant to CAA section 211(k)(6)(B). That provision specifies that
upon petition of the Governor of a State in the ozone transport region
in which the area is located, the EPA is to apply the prohibition
against selling or dispensing of conventional gas in RFG covered areas
in any area in the State other than an area classified as marginal,
moderate, serious, or severe ozone nonattainment area under subpart 2
of part D of subchapter 1 of the Clean Air Act. This prohibition is to
``commence as soon as practicable but not later than 2 years after the
date of approval by the Administrator of the application of the
Governor of the State.'' CAA section 211(k)(6)(B)(ii)(I). However, if
the EPA determines that there is insufficient capacity to supply RFG,
the EPA may extend the commencement date by no more than a year, and
may renew that extension for two additional one-year periods. CAA
section 211(k)(6)(B)(iii). The area may not opt out of the federal RFG
program earlier than 4 years after the RFG commencement date. CAA
section 211(k)(6)(B)(ii)(II).
B. Request From the State of Maine
In 2013, the State of Maine enacted Public Law 2013 c.221 calling
for the use of RFG in York, Cumberland, Sagadahoc, Androscoggin,
Kennebec, Knox, and Lincoln counties beginning May 1, 2014. On July 23,
2013, the Governor of Maine formally requested, pursuant to CAA section
211(k)(6)(B), that the EPA extend the requirement for the sale of RFG
to these counties beginning on May 1, 2014.
The Maine legislature subsequently enacted an emergency law, Public
Law 2013 c.453, effective March 6, 2014, to postpone the requirement
for the sale of RFG in these counties until June 1, 2015. Pursuant to
that legislation, the Commissioner for the State of Maine's Department
of Environmental Protection (DEP) submitted a request to the EPA dated
March 10, 2014, modifying Maine's request for the implementation date
for the sale of RFG in the Southern Maine Counties to coincide with
June 1, 2015.\5\
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\5\ The EPA has determined that the original petition from the
Governor of Maine, together with the revised Maine legislation and
the Commissioner's letter, serve as a petition from the Governor
under CAA section 211(k)(6)(B) seeking commencement of the
prohibition in CAA 211(k)(5) in the Southern Maine Counties on June
1, 2015.
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Copies of the Commissioner's letter, the letter from the Governor
of the State of Maine dated July 23, 2013, and the Maine legislation
establishing the use of RFG in the Southern Maine Counties are
available in the docket at EPA-HQ-OAR-2014-0283.
C. Proposed Date for the Commencement of a Prohibition on the Sale of
Conventional Gasoline in the Southern Maine Counties
Based on our evaluation of the appropriate lead time and start
dates, and pursuant to Maine's request for a June 1, 2015
implementation date and the provisions of CAA section 211(k)(6), the
EPA is proposing to extend the CAA section 211(k)(5) prohibition
against the sale of conventional (i.e., non-reformulated) gasoline in
RFG covered areas to the Southern Maine Counties. The Southern Maine
Counties are part of the ozone transport region as defined in CAA
section 184. They are not currently classified under subpart 2 of Part
D of CAA subchapter I as Marginal, Moderate, Serious, or Severe ozone
nonattainment areas. Based on Maine's request for a June 1, 2015
implementation date, the EPA is proposing that a prohibition on the
sale of conventional gasoline in the Southern Maine Counties commence
as of May 1, 2015 for all regulated entities in these counties other
than retailers and wholesale purchaser-consumers (i.e., refiners,
importers, and distributors), and as of June 1, 2015 for retailers and
wholesale purchaser-consumers. Thus, if this action is finalized as
proposed, conventional gasoline could not be sold to consumers in the
Southern Maine Counties as of June 1, 2015. Only RFG could be sold to
consumers in these counties as of June 1, 2015.
Further, under CAA section 211(k)(6)(B)(ii)(II) the State of Maine
would be prohibited from opting out of the federal RFG program for the
Southern Maine Counties for four years after the commencement of the
area's opt-in. Thus, if this action is finalized as proposed, the State
of Maine may not opt out of the federal RFG program for the Southern
Maine Counties before May 1, 2019 for all regulated entities other than
retailers and purchaser-consumers, and not before June 1, 2019 for
retailers and purchaser-consumers, respectively. The EPA is also adding
in its RFG opt-out regulation at 40 CFR 80.72 a provision to reflect
that there is a four-year minimum opt-in period for areas that opt into
the RFG program on the basis of their location within the ozone
transport region. This clarification will align the federal regulation
for RFG opt-out requirements with CAA section 211(k)(6)(B)(ii)(II).
The EPA believes the dates proposed in today's action would provide
a reasonable balance by achieving air quality benefits in southern
Maine by the start of the 2015 peak ozone season and providing adequate
lead time for industry to prepare for program implementation. The
proposed dates are consistent with the State's request that the EPA
require RFG to be sold in the Southern Maine Counties to coincide with
the beginning of the high ozone season, which begins June 1 of each
year. Thus, the dates would provide environmental benefits by allowing
southern Maine to achieve volatile organic compound (VOC) reduction
benefits for the 2015 VOC control season. The proposed dates are also
consistent with the statutory requirement that the EPA set the date for
commencement of the prohibition within two years of the EPA's approval
of the application by the Governor. The EPA's approval of the
Governor's request will occur in the final rule establishing an
implementation date.
The EPA is seeking comment on whether the refining and distribution
industry has the capacity to supply exclusively federal RFG to the
Southern Maine Counties as of May 1, 2015 as proposed in this notice.
The EPA also seeks comment on whether the dates for commencement of the
prohibition proposed today would provide adequate lead time for
industry to ensure supply of RFG to retail outlets, and for retail
outlets to plan for, and accomplish, a transition from the sale of
conventional gasoline to RFG. The EPA requests that, to the extent
possible, commenters provide documentation supporting their comments.
Comments supported by documentation will be most valuable to the EPA in
making a final decision on the commencement date for the prohibition on
the sale of conventional gasoline in the Southern Maine Counties.
As noted above in Section II.A. of today's action, CAA section
211(k)(6)(B) directs the EPA to apply RFG requirements in areas subject
to a Governor's petition ``as soon as practical'' within a two-year
period following the EPA's approval of a Governor's petition, and may
further extend the date RFG requirements commence based on a
determination that there is insufficient capacity to supply RFG.
However, the EPA does not have discretion to deny a Governor's request
for an opt-in for qualifying
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areas. Therefore, the scope of this action is limited to setting a date
for commencement of opt-in of the Southern Maine Counties to the
federal RFG program; it is not to decide whether the Southern Maine
Counties may opt into the federal RFG program. The EPA is requesting
comment on the proposed commencement dates and whether there will be a
sufficient capacity to supply RFG available to these seven counties as
of May 1, 2015 for regulated entities such as refiners, importers, and
distributors, and as of June 1, 2015 for retailers and purchaser-
consumers.
This proposed action would have no effect on the approved Maine
State Implementation Plan (SIP). We understand that if today's action
is finalized as proposed, the State of Maine intends to submit a
proposed SIP revision requesting the removal of the existing 7.8 Reid
Vapor Pressure fuel requirements for the Southern Maine Counties. The
EPA will consider Maine's request when it is received.
IV. Environmental Impact
The federal RFG program is designed to lead to reductions in ozone-
forming emissions. Reductions in ozone precursors are environmentally
significant because they lead to reductions in ozone formation, 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. The Maine DEP analyzed the emissions benefits which could be
achieved by switching from 7.8 RVP fuel to RFG.\6\ The Maine DEP used
the EPA's motor vehicle emission factor model, MOVES2010, to estimate,
for informational purposes, that motor vehicle VOC emissions could be
reduced by 123 tons, or by 6 percent and NOx by 28 tons, or by 1
percent.\7\
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\6\ RFG primarily reduces emissions of VOCs. The RFG regulations
at 40 CFR 80.41 establish a performance standard that must be met in
order for gasoline to meet RFG requirements. Generally, based on
survey data, RFG sold in the northeastern states has an RVP of
between 6.8 and 7.0 psi. The lower RVP will result in reduction in
VOC emissions. The survey data is available at: http://www.epa.gov/otaq/fuels/rfgsurvey.htm
\7\ The Governor of Maine submitted this analysis for calendar
year 2014 projected emission reductions with his July 23, 2013
letter requesting a May 1, 2014 effective date. However, Maine is
not claiming, and the EPA is not proposing to approve in today's
action, any specific amount of emission reductions for the RFG
program at this time.
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V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563.
(76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act
This action does not impose any new information collection burden
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. Burden is defined at 5 CFR 1320.3. The OMB has approved the
information collection requirements that apply to the RFG program (see
59 FR 7716, February 16, 1994), and has assigned OMB control number
2060-0277 (EPA ICR No. 1591.25).
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of today's proposed rule on
small entities, small entity is defined as: (1) Defined by the Small
Business Administration's (SBA) regulations a 13 CFR 121.201; (2) a
small governmental jurisdiction that is a government of a city, county,
town, school district or special district with a population of less
than 50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
After considering the economic impacts of today's proposed rule on
small entities, I certify that this action would not have a significant
adverse impact on a substantial number of small entities. In
promulgating the RFG regulations for conventional gasoline, the EPA
analyzed the impact of the regulations on small entities. The EPA
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 rule, exempting small refiners from the RFG regulations
would not meet CAA requirements. 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 RFG requirements). Moreover, all
businesses, large and small, maintain the option to produce
conventional gasoline to be sold in areas not obligated by the CAA to
receive RFG or those areas which have not chosen to opt into the
federal RFG program. A complete analysis of the effect of the RFG
regulations on small businesses is contained in the Regulatory
Flexibility Analysis which was prepared for the RFG 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 would affect only those refiners, importers
or blenders of gasoline that choose to produce or import RFG for sale
in the Southern Maine Counties, and gasoline distributors and retail
stations in those areas. As discussed above, the 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 would be unaffected by today's action. Other small entities,
such as gasoline distributors and retail stations located in the
Southern Maine Counties, which would become a covered area if today's
proposed rule is finalized as proposed, would be subject to the same
requirements as those small entities which are located in current RFG
covered areas. The EPA did not find the previous RFG regulations to
significantly affect these entities.
We welcome comments on the potential impacts of the proposed rule
on small entities. Since the EPA's discretion in this rulemaking is
limited to establishment of the date for the application of RFG in the
Southern Maine Counties, any comments related to impacts on small
entities should be focused on the impact of alternative, and legally
permissible, compliance dates.
[[Page 51292]]
D. Unfunded Mandates Reform Act (UMRA)
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. Thus, this proposed rule is not subject to the requirements of
sections 202 and 205 of the UMRA. Although the EPA does not believe
that UMRA imposes requirements for this rulemaking, the EPA notes that
the environmental and economic impacts of the federal RFG program were
assessed in the EPA's Regulatory Impact Analysis for the 1994 RFG
regulations.
This proposed rule is also not subject to the requirements of
section 203 of UMRA because it contains no regulatory requirements that
might significantly or uniquely affect small governments.
E. Executive Order 13132 (Federalism)
This action does not have federalism implications. It would 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. The proposed rule would impose
requirements only on certain refiners and other entities in the
gasoline distribution system, and not on States. The requirements of
the proposed rule would be enforced by the federal government at the
national level. Thus, Executive Order 13132 does not apply to this
proposed rule.
F. Executive Order 13175
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). Today's proposed
rule would affect only those refiners, importers or blenders of
gasoline that choose to produce or import RFG for sale in the Southern
Maine Counties, and gasoline distributors and retail stations in those
areas. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it is not economically significant as defined
in Executive Order 12866, and because the Agency does not believe the
environmental health or safety risks addressed by this action present a
disproportionate risk to children.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001) because it is not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs the 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. NTTAA directs the 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 involve technical standards.
Therefore, the EPA is not considering the use of any voluntary
consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations of the United States.
The EPA has determined that this proposed rule would not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population.
List of Subjects in 40 CFR Part 80
Environmental protection, Air pollution control, Fuel additives,
Gasoline, Motor vehicle pollution.
Dated: August 18, 2014.
Gina McCarthy,
Administrator.
For the reasons discussed in the preamble, the Environmental
Protection Agency proposes to amend 40 CFR part 80 as follows:
PART 80--REGULATION OF FUELS AND FUEL ADDITIVES
0
1. The authority citation for part 80 continues to read as follows:
Authority 42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a).
0
2. Section 80.70 is amended by adding paragraph (n) to read as follows:
Sec. 80.70 Covered areas.
* * * * *
(n) The areas included in paragraph (n) of this section are located
within the ozone transport region established under Clean Air Act
section 184(a), are not classified as a marginal, moderate, serious, or
severe ozone nonattainment area, and have opted into the reformulated
gasoline program. They are covered areas for the purposes of subparts
D, E, and F of this part.
(1) The southern Maine counties of York, Cumberland, Sagadahoc,
Androscoggin, Kennebec, Knox, and Lincoln are a covered area beginning
June 1, 2015. The prohibitions of Clean Air Act section 211(k)(5) apply
to all persons other than retailers and wholesale purchaser-consumers
in these counties beginning May 1, 2015. The prohibitions of section
211(k)(5) of the Clean Air Act apply to retailers and wholesale
purchaser-consumers in these counties beginning on June 1, 2015.
(2) [Reserved]
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3. Section 80.72 is amended by adding paragraph (c)(8) to read as
follows:
Sec. 80.72 Procedures for opting out of the covered areas.
* * * * *
(c) * * *
(8) Notwithstanding any other provision of paragraph (c) of this
section, for an area that opted in pursuant to Clean Air Act section
211(k)(6)(B), the Administrator shall not set the effective date for
removal of the area earlier than four years after the commencement date
of opt-in.
* * * * *
[FR Doc. 2014-20177 Filed 8-27-14; 8:45 am]
BILLING CODE 6560-50-P