Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Rules and Regulations 9107 

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). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, 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 by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does 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). This action 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 

CAA. This rule also is not subject to 

Executive Order 13045, ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997) because it approves a 

state rule implementing a Federal 

standard. 

In reviewing state operating permit 

program submissions, EPA’s role is to 

approve State choices, provided that 

they meet the requirements of the CAA. 

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 

state operating permit program 

submission for failure to use VCS. It 

would thus be inconsistent with 

applicable law for EPA, when it reviews 

an operating permit program 

submission, to use VCS in place of an 

operating permit program submission 

that otherwise satisfies the provisions of 

the CAA. 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. 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.). 

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. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by April 30, 2010. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the final 

rulemaking. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 70 

Administrative practice and 

procedure, Air pollution control, 

Intergovernmental relations, Operating 

permits, Reporting and recordkeeping 

requirements. 

Dated: February 16, 2010. 

Karl Brooks, 

Regional Administrator, Region 7. 

■ Chapter I, Title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 70—[AMENDED] 

■ 1. The authority citation for Part 70 

continues to read as follows: 

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

■ 2. Appendix A to Part 70 is amended 

by adding paragraph (l) under Iowa to 

read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Iowa 

* * * * * 

(l) The Iowa Department of Natural 

Resources submitted for program approval a 

revision to rule 567–22.106(1) on February 

20, 2009. The State effective date was 

February 4, 2009. This revision to the Iowa 

program is approved effective April 30, 2010. 

* * * * * 

[FR Doc. 2010–4144 Filed 2–26–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2008–0924; FRL–9119–3] 

RIN 2060–AP40 

Regulation of Fuels and Fuel 

Additives: Federal Volatility Control 

Program in the Denver-BoulderGreeley-Ft. Collins-Loveland, CO, 1997 

8-Hour Ozone Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This action establishes an 

applicable standard of 7.8 pounds per 

square inch (psi) Reid vapor pressure 

(RVP) under the federal volatility 

control program in the Denver-BoulderGreeley-Ft. Collins-Loveland, Colorado, 

1997 8-hour ozone nonattainment area 

during the high ozone season—June 1st 

to September 15th of each year— 

beginning in 2010. This action requires 

the use of 7.8 psi RVP gasoline in 

Adams, Arapahoe, Boulder, Broomfield, 

Denver, Douglas and Jefferson counties, 

and in portions of Larimer, and Weld 

counties. 

DATES: This final rule is effective March 

31, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2008–0924. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. 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, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

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9108 Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Rules and Regulations 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the Air and Radiation 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 

and Radiation Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: Kurt 

Gustafson, Office of Transportation and 

Air Quality, Transportation and 

Regional Programs Division, Mailcode 

6406J, Environmental Protection 

Agency, 1200 Penn Ave., NW., 

Washington, DC 20460; telephone 

number: (202) 343–9219; fax number: 

(202) 343–9219; e-mail address: 

gustafson.kurt@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does This Action Apply to Me? 

Regulated Entities. Entities potentially 

affected by this rule are fuel producers 

and distributors who do business in 

Colorado. Regulated entities include: 

Examples of potentially regulated 

entities 

NAICS 

codes a

Petroleum Refineries .................... 324110 

Gasoline Marketers and Distributors ............................................ 424710 

424720 

Gasoline Retail Stations ............... 447110 

Gasoline Transporters .................. 484220 

484230 

a North American Industry Classification 

System (NAICS). 

This table provides only a guide for 

readers regarding entities likely to be 

regulated by this action. You should 

carefully examine the regulations in 40 

CFR 80.27 to determine whether your 

facility is impacted. If you have further 

questions, call the person listed in the 

FOR FURTHER INFORMATION CONTACT

section of this preamble. 

II. Background 

Section 211(h) of the Clean Air Act 

(CAA), requires that EPA promulgate 

regulations establishing a maximum 

RVP of 9.0 psi for gasoline introduced 

into commerce during the high ozone 

season. It also provides that EPA shall 

‘‘establish more stringent Reid Vapor 

Pressure standards in a nonattainment 

area as the Administrator finds 

necessary to generally achieve 

comparable evaporative emissions (on a 

per-vehicle basis) in nonattainment 

areas, taking into consideration the 

enforceability of such standards, the 

need of an area for emission control, 

and economic factors.’’ In today’s action, 

EPA is establishing an applicable 

standard for gasoline at 7.8 pounds per 

square inch (psi) under the federal 

volatility control program in the DenverBoulder-Greeley-Ft. Collins-Loveland, 

Colorado 8-hour ozone nonattainment 

area (as codified in volume 40 of the 

Code of Federal Regulations (CFR) Part 

81) during the high ozone season. This 

action requires the use of 7.8 psi RVP 

gasoline in Adams, Arapahoe, Boulder, 

Broomfield, Denver, Douglas and 

Jefferson counties, and in portions of 

Larimer and Weld counties. 

Gasoline with 7.8 psi RVP is already 

required in the former 1-hour ozone 

nonattainment area, which represents a 

significant portion of the fuel used in 

the newly expanded area. The change 

codified in this action extends the low 

RVP fuel requirement to portions of 

Larimer and Weld counties and into the 

remaining portions of Arapahoe, 

Adams, Boulder and Broomfield 

counties. Denver is located in Petroleum 

Administration for Defense Districts 

(PADD) IV, which is the most isolated 

area within the 48 lower states of the 

U.S. in terms of supply. PADD IV 

includes the Rocky Mountain states 

(Montana, Idaho, Wyoming, Utah, and 

Colorado). Gasoline supply to the 

Denver market originates from 6 main 

refiners. These refiners vary in size, 

refining capacity and complexity. The 

refineries are: Suncor (Commerce City, 

CO), Valero Corp. (Commerce City, CO), 

Conoco-Phillips (Borger, TX), Valero 

Corp. (Sunray, TX), Sinclair Oil Corp. 

(Casper and Rawlings, WY), and 

Frontier Oil Corp. (Cheyenne, WY and 

El Dorado, KS). 

III. Final Action 

EPA is establishing an applicable 

standard of 7.8 psi RVP under the 

federal volatility control program in the 

Denver-Boulder-Greeley-Ft. CollinsLoveland, Colorado, 1997 8-hour ozone 

nonattainment area (as codified in 

volume 40 of the Code of Federal 

Regulations (CFR) Part 81) during the 

high ozone season—June 1st to 

September 15th of each year— 

beginning in 2010. This action requires 

the use of 7.8 psi RVP gasoline in 

Adams, Arapahoe, Boulder, Broomfield, 

Denver, Douglas and Jefferson counties, 

and in portions of Larimer, and Weld 

counties. 

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. A Major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). This rule 

will be effective 30 days after 

publication in the Federal Register. 

IV. Response to Comments 

Only one comment was submitted in 

response to EPA’s Notice of Proposed 

Rulemaking. Frontier Refining, having 

identified themselves as a small refiner, 

commented that it would be unable to 

provide supplemental volumes of low 

(7.8 psi) RVP gasoline above its current 

volume to the Denver metro area and 

asked for small refiner relief. Frontier 

commented that it supplies 3,000 

barrels a day of conventional (9.0 psi) 

gasoline that would no longer be 

available for the market in the 2010 

summer control period when a lower 

vapor pressure is required, but that it 

would have the ability to produce the 

low RVP gasoline for the 2011 summer 

control period. 

EPA understands the commenter’s 

concerns. We believe that granting an 

exemption that would allow Frontier to 

sell 9.0 RVP fuel in areas where 7.8 RVP 

fuel is required would create significant 

enforcement issues. The 3,000 barrel per 

day allocation that Frontier Refining 

indicates that it would be unable to 

convert to lower RVP fuel represents 

approximately 3.7% of the total volume 

supplied daily to the Denver 8-hour 

nonattainment area. Although this 

volume of 9.0 fuel, which would be sold 

in the 7.8 areas, would be relatively 

small, EPA would likely not be able to 

determine if fuel at a retail outlet having 

an RVP exceeding 7.8 psi is in violation 

either because it is fuel from a refinery 

without an exemption, or fuel supplied 

by Frontier Refining. Further, we 

believe there are other factors such as 

economic incentives, for distributors 

and retailers to sell as much 9.0 RVP 

fuel supplied by Frontier Refining as 

possible in the 7.8 RVP areas, due to 

price differentials between products that 

would exacerbate this problem. This 

would likely result in more 9.0 RVP fuel 

being sold in the 7.8 RVP area than 

predicted and thus, affect the emissions 

reductions needed in the area. Also, we 

believe that distributors and retailers 

might sell, within the 7.8 RVP fuel 

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Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Rules and Regulations 9109 

areas, 9.0 RVP fuel produced by large 

refiners to obtain the advantage of the 

price differential. We do not believe that 

requiring product transfer document 

information, indicating that 9.0 RVP 

fuel is being supplied by a small refiner 

and is useable in the 7.8 RVP fuel areas, 

would alleviate the enforcement issues 

largely because fuel is fungible as a 

result of mixing at terminals. This 

would mean much larger volumes of 

fuel would be eligible for the exemption 

than just the volume supplied by 

Frontier Refining, making enforcement 

by retail sampling and testing difficult. 

Additionally, we have significant 

concerns about the emission increases 

associated with providing this relief, 

even if the enforcement problems noted 

above could be resolved to limit the fuel 

receiving the relief. This is because the 

Denver-Boulder-Greeley-Ft. CollinsLoveland 8-hour ozone nonattainment 

area is required to attain the standard as 

expeditiously as practicable, but no later 

than November 2010. On June 18, 2009, 

the State submitted an Ozone SIP 

revision with a dispersion modeled 

attainment demonstration. The 

attainment demonstration’s truncated 

2010 design value was 84 ppb; the 

modeled design value, however, was 

84.8 ppb which is 0.2 ppb below a 

violation for the 1997 .08 ppm ozone 

NAAQS. In addition, the State’s 

supporting documentation and SIP 

revision submittal also contain 

information (see submission in docket 

EPA–HQ–OAR–2008–0924) showing 

that 7.8 RVP fuel will provide 

additional reductions of VOC emissions, 

which will help ensure the success of 

Colorado’s ozone action plan. 

Specifically, implementation of this fuel 

requirement will provide approximately 

three tons per day of additional VOC 

emission reductions, which will help 

the area towards its attainment goal in 

2010. As shown by the attainment 

demonstration, there is no room in the 

area for increased emissions. The risk of 

failure to attain increases significantly if 

the area does not get all the emission 

reductions expected from the gasoline 

volatility program. We also believe the 

State’s request to implement this 

program in the expanded 8-hour 

nonattainment area is a valid and 

reasonable request. We note that the 

economic hardship for Frontier Refining 

is limited to the 2010 ozone season 

only, and that there are other markets 

available for its 9.0 psi gasoline, which 

means that its product would not be 

stranded by this rule. Therefore, we 

believe that the risk of failure to attain, 

and the consequences connected to that 

outcome, is too great to warrant granting 

the relief requested. 

Further, we have spoken to other 

refiners that supply the market and all 

have expressed support for the rule. 

And at least one refiner has stated it has 

the capacity to provide more low RVP 

gasoline to the area; therefore, it is 

reasonable to expect that the difference 

can be replaced with low RVP gasoline 

from other sources. In this case the clear 

need for the state to receive the 

emission reductions expected from this 

rule, both during the summer of 2010 

and later, and the apparent ability of the 

industry overall to supply the required 

low RVP gasoline warrant not providing 

the individualized exception to this rule 

requested by Frontier Refining. 

V. Environmental Impact 

The Colorado Department of Public 

Health and Environment estimated that 

2.7 tons per day of hydrocarbon (HC) 

emissions would be reduced from 

lowering gasoline volatility to 7.8 psi 

RVP in the expanded Non-Attainment 

Area (see docket for analysis). 

VI. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order (EO) 12866 (58 FR 

51735, October 4, 1993) and therefore is 

not subject to review under the EO. 

The Colorado Department of Public 

Health and Environment prepared an 

analysis of the potential costs and 

benefits associated with this action. 

This analysis is contained in ‘‘Analysis 

of Expansion of Low RVP Area by the 

State of Colorado’’. A copy of the 

analysis is available in the docket for 

this action. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. 

However, the Office of Management and 

Budget (OMB) has previously approved 

the information collection requirements 

contained in the existing regulations, 

the phase I and phase 2 volatility rules 

(55 FR 11868, March 22, 1989 and 55 FR 

23658, June 11, 1990) under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. and has 

assigned OMB control number 2060– 

0178. The OMB control numbers for 

EPA’s regulations in 40 CFR are listed 

in 40 CFR part 9. 

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 rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 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 final rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

The small entities directly regulated by 

this final rule are refiners, importers or 

blenders of gasoline that choose to 

produce or import low RVP gasoline for 

sale in the expanded portion of the 

Denver-Boulder-Greeley-Ft. CollinsLoveland, CO, 8-hour ozone 

nonattainment area not already covered 

by low RVP requirements, and gasoline 

distributors and retail stations in those 

areas. We have determined that only 

one small refiner would be affected by 

the low RVP requirements. Other small 

entities, such as gasoline distributors 

and retail stations located in the area 

that 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 the current 

covered area. EPA believes the impacts 

these small entities (e.g. small blenders, 

importers, retailers, etc) would occur 

primarily in the form of a slightly higher 

wholesale gasoline price which would 

then be passed along in product price 

increases. In the proposed rule, we 

estimated low RVP incremental costs to 

be 0.45 to 3.4 cents/gallon during the 

summer volatility season. There would 

be no fuel or price difference outside the 

summer control season. In the proposed 

rule, we indicated that out of total 3.4 

million gallons of gasoline consumed 

per day in the Denver-Boulder-GreeleyFt. Collins-Loveland area during the 

control season, approximately 133,000 

gallons per day of fuel would need to 

meet the more stringent low RVP 

standard. Applying an average price of 

$2.50 per gallon for gasoline, the 

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9110 Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Rules and Regulations 

incremental costs to produce the needed 

volume of low RVP gasoline equates to 

0.002% to 0.02% of the total yearly 

consumer cost of gasoline in the DenverBoulder-Greeley-Ft. Collins-Loveland 

NAA. For any one retail station that 

would have to convert entirely from a 

stream of 9.0 psi gasoline to low RVP 

gasoline in the summer season, the 

incremental costs, applying the same 

$2.50 per gallon retail price, would be 

0.2% to 1.4% of the gas revenue during 

the control season or 0.05% to 0.4% on 

an annual basis. However, since all 

wholesale suppliers would increase 

prices by about the same amount, the 

competitive environment for small 

entities purchasing that gasoline should 

not be affected significantly. 

D. 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, most 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 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 rule affects portions of the 

Denver-Boulder-Greeley-Ft. CollinsLoveland, CO, 8-hour ozone 

nonattainment area that were not 

previously part of the 1–Hour ozone 

nonattainment area. EPA estimates that 

133,000 gallons a day of gasoline would 

be affected by this rule; resulting in an 

economic impact of less than $700,000 

per summer. Today’s rule, therefore, is 

not subject to the requirements of 

sections 202 and 205 of the UMRA. 

EPA has determined that this rule 

contains no regulatory requirements that 

might significantly or uniquely affect 

small governments. 

E. Executive Order 13132: Federalism 

Under Executive Order 13132, EPA 

may not issue an action that has 

federalism implications and that 

preempts State law, unless the Agency 

consults with State and local officials 

early in the process of developing the 

proposed action. 

EPA has concluded that this action 

will have federalism implications. 

Moreover, it also may preempt State 

law. Current gasoline performance 

standards adopted by the state require 

9.0 psi gasoline in the affected area 

where this rule would require 7.8 psi 

gasoline. Accordingly, EPA provides the 

following federalism summary impact 

statement as required by section 6(c) of 

Executive Order 13132. 

EPA consulted with State and local 

officials early in the process of 

developing the proposed action to 

permit them to have meaningful and 

timely input into its development. The 

State indicated to EPA (see State’s 

docket submission) that the use of 7.8 

psi gasoline in the entire DenverBoulder-Greeley-Ft. Collins-Loveland, 

CO, 8-hour ozone nonattainment area 

was necessary to ensure the success of 

Colorado’s ozone action plan. The state 

requested EPA undertake this 

rulemaking to update the boundaries of 

the low RVP summer gasoline program 

to correspond to current 8-hour ozone 

nonattainment area boundaries. 

Gasoline with 7.8 psi RVP is already 

required in the former 1-hour ozone 

nonattainment area, which represents a 

significant portion of the fuel used in 

the newly expanded area. The change 

requested by the state and codified in 

this action extends the low RVP fuel 

requirement to portions of Larimer and 

Weld counties and into the remaining 

portions of Arapahoe, Adams, Boulder 

and Broomfield counties. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). This final rule impacts portions 

of the Denver-Boulder-Greeley-Ft. 

Collins-Loveland, Colorado, 1997 8- 

hour ozone nonattainment area not 

previously part of the 1–Hour 

nonattainment area. There are no Tribal 

lands in the regulated area. 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 EO 13045 

(62 FR 19885, April 23, 1997) because 

it is not economically significant as 

defined in EO 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 That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) because it is 

not a significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law No. 

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. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

This action does not involved 

technical standards. Therefore, EPA did 

not consider the use of any voluntary 

consensus standards. 

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Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Rules and Regulations 9111 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629, Feb. 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 in the United States. 

EPA has determined that this final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the applicable 8-hour ozone 

NAAQS which establishes the level of 

protection provided to human health or 

the environment. This rule will tighten 

the applicable volatility standard of 

gasoline during the summer resulting in 

slightly lower mobile source emissions. 

Therefore disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations are not an anticipated 

result. 

VII. Legal Authority and Statutory 

Provisions 

Authority for this final action is in 

sections 211(h) and 301(a) of the Clean 

Air Act, 42 U.S.C. 7545(h) and 7601(a). 

List of Subjects in 40 CFR Part 80 

Administrative practice and 

procedures, Air pollution control, 

Environmental protection, Fuel 

additives, Gasoline, Motor vehicle and 

motor vehicle engines, Motor vehicle 

pollution, Penalties, Reporting and 

recordkeeping requirements. 

Dated: February 19, 2010. 

Lisa P. Jackson, 

Administrator. 

■ Title 40, chapter I, part 80 of the Code 

of Federal Regulations is amended as 

follows: 

PART 80—[AMENDED] 

■ 1. The authority citation for part 80 

continues to read as follows: 

Authority: 42 U.S.C. 7414, 7545 and 

7601(a). 

■ 2. In § 80.27(a)(2)(ii), the table is 

amended by revising the entry for 

Colorado and footnote 2 to read as 

follows: 

§ 80.27 Controls and prohibitions on 

gasoline volatility. 

(a) * * * 

(2) * * * 

(ii) * * * 

APPICABLE STANDARDS 1 1992 AND SUBSEQUENT YEARS

State May June July August September 

* * * * * * * 

Colorado 2 ............................................................................. 9.0 7.8 7.8 7.8 7.8 

* * * * * * * 

1Standards are expressed in pounds per square inch (psi). 

2The Colorado Covered Area encompasses the Denver-Boulder-Greeley-Ft. Collins-Loveland, CO, 8-hour ozone nonattainment area (see 40 

CFR part 81). 

* * * * * 

[FR Doc. 2010–4085 Filed 2–26–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–8121] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. 

DATES: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact David Stearrett, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

flood insurance which is generally not 

otherwise available. In return, 

communities agree to adopt and 

administer local floodplain management 

aimed at protecting lives and new 

construction from future flooding. 

Section 1315 of the National Flood 

Insurance Act of 1968, as amended, 42 

U.S.C. 4022, prohibits flood insurance 

coverage as authorized under the NFIP, 

42 U.S.C. 4001 et seq.; unless an 

appropriate public body adopts 

adequate floodplain management 

measures with effective enforcement 

measures. The communities listed in 

this document no longer meet that 

statutory requirement for compliance 

with program regulations, 44 CFR part 

59. Accordingly, the communities will 

be suspended on the effective date in 

the third column. As of that date, flood 

insurance will no longer be available in 

the community. However, some of these 

communities may adopt and submit the 

required documentation of legally 

enforceable floodplain management 

measures after this rule is published but 

prior to the actual suspension date. 

These communities will not be 

suspended and will continue their 

eligibility for the sale of insurance. A 

notice withdrawing the suspension of 

mstockstill on DSKH9S0YB1PROD with RULES