Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Rules and Regulations 20237 

TABLE 1 TO SUBPART IIII OF PART 63—OPERATING LIMITS FOR CAPTURE SYSTEMS AND ADD-ON CONTROL DEVICES

* * * * * * 

For the following device 

* * * You must meet the following operating limit * * * And you must demonstrate continuous compliance with the operating limit by 

******

7. Emission capture system 

that is not a PTE.

a. The average gas volumetric flow rate or duct static 

pressure in each duct between a capture device and 

add-on control device inlet in any 3-hour period must 

not fall below the average volumetric flow rate or 

duct static pressure limit established for that capture 

device according to § 63.3167(f). This applies only to 

capture devices that are not part of a PTE that meets 

the criteria of § 63.3165(a) and that are not capturing 

emissions from a downdraft spray booth or from a 

flashoff area or bake oven associated with a 

downdraft spray booth.

i. Collecting the gas volumetric flow rate or duct static 

pressure for each capture device according to 

§ 63.3168(g); ii. Reducing the data to 3-hour block 

averages; and iii. Maintaining the 3-hour average gas 

volumetric flow rate or duct static pressure for each 

capture device at or above the gas volumetric flow 

rate or duct static pressure limit. 

Subpart PPPP—[Amended] 

■ 12. Section 63.4481 is amended by 

revising paragraph (c) introductory text 

and adding paragraph (c)(17) to read as 

follows: 

§ 63.4481 Am I subject to this subpart? 

* * * * * 

(c) This subpart does not apply to 

surface coating or a coating operation 

that meets any of the criteria of 

paragraphs (c)(1) through (17) of this 

section. 

* * * * * 

(17) Screen printing. 

* * * * * 

[FR Doc. E7–7760 Filed 4–23–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2006–0841; FRL–8304–1] 

RIN 2060–A034 

Regulation of Fuels and Fuel 

Additives: Extension of the 

Reformulated Gasoline Program to 

Illinois Portion of the St. Louis, IllinoisMissouri Ozone Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Under section 211(k)(6) of the 

Clean Air Act, the Administrator of EPA 

shall require the sale of reformulated 

gasoline (RFG) in an ozone 

nonattainment area classified as 

marginal, moderate, serious or severe 

upon the application of the Governor of 

the state in which the nonattainment 

area is located. This final action extends 

the Act’s prohibition against the sale of 

conventional gasoline (i.e., gasoline that 

is not RFG) to the Illinois portion of the 

St. Louis, Illinois-Missouri moderate 

ozone nonattainment area. The Agency 

will implement this prohibition for 

refiners and all other persons in the fuel 

distribution system other than retailers 

and wholesale purchaser-consumers on 

June 1, 2007. For retailers and wholesale 

purchaser-consumers, EPA’s final action 

implements the prohibition on July 1, 

2007. As of the compliance date for 

retailers and wholesale purchaserconsumers, this area will be treated as 

a covered area for all purposes of the 

Federal RFG program. 

DATES: This final rule is effective April 

20, 2007. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2006–0841. 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. 

Publicly available docket materials are 

available either electronically through 

http://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: Kurt 

Gustafson, Transportation and Regional 

Programs Division (Mail Code 6406J), 

Environmental Protection Agency, 1200 

Pennsylvania Ave, NW., Washington, 

DC 20460; telephone number: 202–343–

9219; fax number: 202–343–2800; e-mail 

address: gustafson.kurt@epa.gov. 

SUPPLEMENTARY INFORMATION: Under 

section 211(k)(6) of the Clean Air Act, 

as amended (Act), the Administrator of 

EPA must require the sale of 

reformulated gasoline in an ozone 

nonattainment area classified as 

Marginal, Moderate, Serious, or Severe 

upon the application of the governor of 

the state in which the nonattainment 

area is located. This final action extends 

the prohibition set forth in section 

211(k)(5) against the sale of 

conventional (i.e., non-reformulated) 

gasoline to the Illinois portion of the St. 

Louis, Illinois-Missouri moderate ozone 

nonattainment area. For all persons 

other than retailers and wholesale 

purchaser-consumers (i.e., refiners, 

importers,and distributors), this rule 

establishes the implementation date of 

the prohibition in Section 211(k)(5) as 

June 1, 2007. For retailers and wholesale 

purchaser-consumers, this rule 

establishes the implementation date of 

the prohibition in section 211(k)(5) on 

July 1, 2007. As of the implementation 

date for retailers and wholesale 

purchaser-consumers, the Illinois 

portion of the St. Louis, IllinoisMissouri ozone nonattainment area will 

be a covered area for all purposes in the 

Federal RFG program. The final preamble and regulatory 

language are also available 

electronically from the Federal Register 

Web site or via the docket at the 

http://www.regulations.gov site listed 

above. 

General Information 

Does This Action Apply to Me? 

This action may affect you if you 

produce, distribute, or sell gasoline for 

use in the Illinois portion of the St. 

Louis, Illinois-Missouri ozone 

nonattainment area. 

The table below gives some examples 

of entities that may have to comply with 

the regulations. However, since these 

are only examples, you should carefully 

examine these and other existing 

regulations in 40 CFR part 80. If you 

have any questions, please contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section above. 


ycherry on PROD1PC64 with RULES
20238 Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Rules and Regulations 

1Applying these criteria, 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. 

Regulated entities: Entities potentially 

regulated by this action are those which 

produce, supply or distribute motor 

gasoline. Regulated categories and 

entities include: 

Category NAICS 

Codes a SIC Codes b Examples of potentially regulated entities 

Industry ............................................ 324110 2911 Petroleum Refiners. 

Industry ............................................ 422710 5171 Gasoline Marketers and Distributors. 

422720 5172 

Industry ............................................ 484220 4212 Gasoline Carriers. 

484230 4213 

a North American Industry Classification System (NAICS). b Standard Industrial Classification (SIC) system code. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this action. This table lists 

the types of entities that EPA is now 

aware could potentially be regulated by 

this action. Other types of entities not 

listed in the table could also be 

regulated. To determine whether your 

business is regulated by this action, you 

should carefully examine the list of 

areas covered by the reformulated 

gasoline program in § 80.70 of title 40 of 

the Code of Federal Regulations. If you 

have questions regarding the 

applicability of this action to a 

particular entity, consult the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

The remainder of this final 

rulemaking is organized in the following 

sections: 

I. Background 

A. Opt-In Provision/Process 

B. EPA Procedures and Illinois Opt-In 

Request 

II. Final Action 

III. Response to Comments 

IV. Environmental Impact 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Executive Order 12898: Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

C. Paperwork Reduction Act 

D. Regulatory Flexibility Act 

E. Unfunded Mandates Reform Act 

F. Executive Order 13132: Federalism 

G. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

H. Executive Order 13045: Protection of 

Children From Environmental Health & 

Safety Risks 

I. Executive Order 13211: Actions That 

Significantly Effect Energy Supply 

J. National Technology Transfer 

Advancement Act 

K. Statutory Authority 

L. Congressional Review Act 

I. Background 

A. Opt-In Provision/Process 

As part of the Clean Air Act 

Amendments of 1990, Congress added a 

new subsection (k) to section 211 of the 

Act. Subsection (k) prohibits the sale of 

conventional gasoline (i.e., gasoline that 

EPA has not certified as reformulated) 

in certain ozone nonattainment areas 

beginning January 1, 1995. Section 

211(k)(10)(D) defines the areas covered 

by the reformulated gasoline (RFG) 

program as the nine ozone 

nonattainment areas having a 1980 

population in excess of 250,000 and 

having the highest ozone design values 

during the period 1987 through 1989.1

In addition, under section 211(k)(10)(D), 

any area reclassified as a severe ozone 

nonattainment area under section 181(b) 

is also included in the RFG program. 

EPA first published final regulations for 

the RFG program on February 16, 1994. 

See 59 FR 7716. 

Certain other ozone nonattainment 

areas may be included in the program at 

the request of the Governor of the State 

in which the area is located. Section 

211(k)(6)(A) provides that upon the 

application of a Governor, EPA shall 

apply the prohibition against selling 

conventional gasoline in ‘‘any area in 

the State classified under subpart 2 of 

Part D of Title I as a marginal, moderate, 

serious or severe’’ ozone nonattainment 

area. Subparagraph 211(k)(6)(A) further 

provides that EPA is to apply the 

prohibition as of the date the 

Administrator ‘‘deems appropriate, not 

later than January 1, 1995, or 1 year after 

such application is received, whichever 

is later.’’ In some cases the effective date 

may be extended for such an area as 

provided in section 211(k)(6)(B) based 

on a determination by EPA that there is 

‘‘insufficient domestic capacity to 

produce’’ RFG. EPA is to publish a 

Governor’s application in the Federal 

Register. 

B. EPA Procedures and Illinois Opt-In 

Request 

EPA received an application July 10, 

2006 from the Honorable Rod R. 

Blagojevich, Governor of the State of 

Illinois, for the Illinois portion of the St. 

Louis, Illinois-Missouri ozone 

nonattainment area to be included in 

the reformulated gasoline program. The 

State indicated that the RFG program 

would provide the area with needed 

reductions in ozone-forming emissions 

and air toxics. The Governor requested 

a January 1, 2007 implementation date. 

EPA published the Governor’s letter in 

the Federal Register, as required by 

section 211(k)(6). On December 27, 2006 

(71 FR 77690) EPA proposed to extend 

the RFG program to the Illinois portion 

of the St. Louis, Illinois-Missouri ozone 

nonattainment area by setting two 

implementation dates. EPA requested 

comment on start dates and proposed an 

effective date of May 1, 2007 for 

refiners, importers, and distributors and 

June 1, 2007 for retailers and wholesale 

purchaser-consumers. 

Today EPA is taking final action on 

that NPRM and establishing effective 

dates for opt in of the Illinois portion of 

the St. Louis, Illinois-Missouri ozone 

nonattainment area to the RFG program. 

For all persons other than retailers and 

wholesale purchaser-consumers (i.e., 

refiners, importers, and distributors), 

this rule establishes the implementation 

date of the prohibition in section 

211(k)(5) as June 1, 2007. For retailers 

and wholesale purchaser-consumers, 

this rule establishes the implementation 

date of the prohibition in Section 

211(k)(5) as July 1, 2007. As of the 

implementation date for retailers and 

wholesale purchaser-consumers, the 

Illinois portion of the St. Louis, IllinoisMissouri ozone nonattainment area will 

be a covered area for all purposes in the 

Federal RFG program. 

After publication of the NPRM, EPA 

received a request for a public hearing. 

EPA published a notice in the Federal 


ycherry on PROD1PC64 with RULES
Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Rules and Regulations 20239 

Register announcing that a public 

hearing would be held on February 21, 

2007, in Chicago, Illinois, and extending 

the comment period until March 23, 

2007 (30 days after the hearing). The 

transcript of the public hearing has been 

placed in the docket for this action. 

II. Final Action 

The Federal RFG program includes 

seasonal requirements. Summertime 

RFG must meet certain VOC control 

requirements to reduce emissions of 

VOCs, an ozone precursor. Under the 

RFG program, there are two compliance 

dates for VOC-controlled RFG. At the 

refinery level, and all other points in the 

distribution system other than the retail 

level, compliance with RFG VOCcontrol requirements is required from 

May 1 to September 15. At the retail 

level (service stations and wholesale 

purchaser-consumers), compliance is 

required from June 1 to September 15. 

See 40 CFR 80.78 (a)(1)(v). Pipeline 

requirements and demands for RFG 

from the supply industry drive 

refineries to establish their own internal 

compliance date earlier than May so 

that they can then assure that terminals 

are capable of meeting the RFG VOCcontrol requirements by May 1. 

EPA regulations specify that the RFG 

covered areas of certain states that are 

in ‘‘VOC control Region 1’’, while those 

of other states are in ‘‘VOC control 

Region 2.’’ VOC requirements for the 

RFG sold in these Regions differ 

somewhat. EPA regulations also provide 

that RFG in covered areas which are 

partially in VOC control Region 1 and 

partially in VOC control Region 2 are 

included in VOC control Region 1, 

except in the case of the PhiladelphiaWilmington-Trenton CMSA which shall 

be included in VOC control Region 2 

(see 40 CFR 80.71(c)). Since the St. 

Louis, Illinois-Missouri ozone 

nonattainment area is partially in VOC 

control Region 2 and partially in VOC 

control Region 1, the Illinois portion of 

the St. Louis, Illinois-Missouri 

nonattainment area opting into the 

program under this action shall be 

included in VOC control Region 1. This 

means that RFG in the Illinois portion 

of the St. Louis, Illinois-Missouri ozone 

nonattainment area must comply with 

the emission standards for VOC control 

for Region 1 which are slightly more 

stringent than those for Region 2 (see 40 

CFR 80.41). 

Based on our evaluation of the 

appropriate lead time and start date(s) 

and pursuant to the Governor’s letter 

and the provisions of section 211(k)(6), 

EPA is today adopting regulations that 

apply the prohibitions of subsection 

211(k)(5) to the Illinois portion of the St. 

Louis, Illinois-Missouri ozone 

nonattainment area for all persons other 

than retailers and wholesale purchaserconsumers as of June 1, 2007. This date 

applies to the refinery level and all 

other points in the distribution system 

other than the retail level. For retailers 

and wholesale purchaser-consumers, 

EPA is adopting regulations that apply 

the prohibitions of subsection 211(k)(5) 

to the Illinois portion of the St. Louis, 

Illinois-Missouri ozone nonattainment 

area on July 1, 2007. As of the 

implementation date for retailers and 

wholesale purchaser-consumers, this 

area will be treated as a covered area for 

all purposes of the Federal RFG 

program. 

The application of the prohibition of 

section 211(k)(5) to the Illinois portion 

of the St. Louis, Illinois-Missouri ozone 

nonattainment area could take effect no 

later than July 10, 2007, under section 

211(k)(6)(A), which stipulates that the 

effective program date must be no ‘‘later 

than January 1, 1995 or 1 year after [the 

Governor’s] application is received, 

whichever is later.’’ The Governor of 

Illinois’s request was dated July 10, 

2006. 

EPA believes the implementation 

dates adopted today achieve a 

reasonable balance between requiring 

the earliest possible start dates to 

achieve air quality benefits for the 

Illinois portion of the St. Louis, IllinoisMissouri ozone nonattainment area and 

providing adequate lead time for 

industry to prepare for program 

implementation. These dates will 

provide environmental benefits by 

allowing the Illinois portion of the St. 

Louis, Illinois-Missouri ozone 

nonattainment area to achieve VOC 

reduction benefits for most of the 2007 

VOC control season. As in other fuel 

rules, EPA believes it is appropriate to 

apply new requirements to refiners and 

distributors thirty days prior to the date 

that they are applicable to retailers and 

wholesale purchasers-consumers. This 

allows the retailers and wholesale 

purchasers-consumers time to empty 

their tanks of the older product they 

may have purchased immediately before 

the implementation date for refiners and 

distributors. 

EPA has concluded, based on its 

analysis of available information, that 

the refining and distribution industry’s 

capacity to supply Federal RFG to the 

Illinois portion of the St. Louis, IllinoisMissouri ozone nonattainment area this 

summer exceeds the estimated demand. 

EPA has also concluded that the 

implementation dates adopted today 

provide adequate lead time to industry 

to set up storage and sales agreements 

to ensure supply of RFG to the East St. 

Louis ozone nonattainment area. 

III. Response to Comments 

Several parties including the State of 

Illinois, the State of Missouri, BP, and 

the Illinois Petroleum Council 

submitted comments supporting the 

proposed effective dates. Four parties, 

an association representing the interests 

of Independent gasoline marketers, and 

three retail marketing companies, 

submitted adverse comments on the 

proposed rulemaking. The adverse 

comments also addressed issues that 

were outside the scope of the proposal 

(e.g., whether or not RFG should even 

be implemented). EPA is responding to 

relevant portions of the adverse 

comments in this section. 

First, the commenters expressed 

concern that gasoline shortages in the 

St. Louis area could result from EPA’s 

granting of the opt-in request, due to the 

need to supply additional reformulated 

gasoline to the Illinois portion of the St. 

Louis, Illinois-Missouri nonattainment 

area (the Missouri portion already uses 

RFG). The commenters indicated that 

difficulties already exist in obtaining 

RFG for the Missouri portion of the St. 

Louis ozone nonattainment area, and 

that these difficulties would get worse 

with additional demand for RFG if EPA 

finalized its proposed opt-in for the 

Illinois portion of the St. Louis 

nonattainment area. Some of the 

commenters surmised that supply in the 

area benefits from two supply options: 

supplies of RFG being available on the 

Missouri side and low RVP fuel being 

available on the Illinois side, both of 

which can be supplied to East St. Louis. 

Section 211(k)(6)(A) provides the 

Administrator broad discretion to 

establish an appropriate effective date 

for opt-in areas. The effective date shall 

be no later than one year after the 

governor’s request to opt in is received, 

which in this case would be July 10, 

2007, unless EPA determines that there 

is insufficient domestic capacity. 

Factors EPA generally considers in 

setting effective dates include, but are 

not limited to, supply logistics, the 

number of current and potential 

suppliers for that market, whether such 

suppliers have experience producing 

RFG or the capability to produce RFG, 

intent of suppliers to withdraw from the 

market, availability of adequate gasoline 

volumes, and the amount of lead time 

needed by suppliers and the 

distribution industry to set up storage 

and sales agreements to ensure supply. 

By evaluating these factors, EPA can 

make a determination as to whether 

industry’s capacity to supply RFG for an 


ycherry on PROD1PC64 with RULES
20240 Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Rules and Regulations 

opt-in area meets or exceeds the 

demand. 

Under section 211(k)(6)(B) the 

Administrator may determine, after 

consultation with the Secretary of 

Energy, that there is ‘‘insufficient 

domestic capacity’’ to produce RFG. 

Despite the comments received by 

marketers and retailers, described 

above, EPA is not making such a 

determination in this case. EPA has 

consulted with the Department of 

Energy (DOE) and with refiners 

supplying gasoline to the area of 

concern, and has concluded that there is 

adequate domestic capability to produce 

RFG to meet the current demand 

nationwide as well as the addition of 

the Illinois portion of the St. Louis, 

Illinois-Missouri nonattainment area in 

the summer of 2007. 

EPA notes that no comments were 

received from refiners or bulk terminal 

operators concerned about storage 

capacity or supply. We note in the 

docket that EPA has spoken with the 

major suppliers to the area and none 

have expressed supply concerns. To the 

contrary, the Illinois Petroleum Council 

submitted written comment in support 

of the proposal. The elimination of the 

need to supply an additional grade of 

fuel (i.e. 7.2 RVP fuel now required in 

East St. Louis) will not adversely impact 

supply as it is our understanding from 

consultation with these refiners that the 

capacity which is currently used to 

produce the 7.2 psi blend will be 

converted to produce additional RFG 

supplies for the Region. 

The commenters also expressed 

concern that the price differential 

between reformulated gasoline sold in 

the Illinois side of the St. Louis covered 

area and that sold on the Missouri side 

would impact marketers. They also 

point to a vehicle owner’s ability to 

refuel in either conventional gas areas or 

the Missouri RFG area where they may 

expect a lower price. EPA notes that, in 

this action, it is simply setting an 

effective date for the Illinois portion of 

the St. Louis, Illinois-Missouri ozone 

nonattainment area, and does not have 

the discretion under Section 211(k)(6) to 

deny the governor’s request to opt in. 

Therefore, even if a price differential 

would result in some drivers choosing 

to refuel in the Missouri portion of the 

nonattainment area, or a non-covered 

area, versus the Illinois side, that result 

would not provide a basis for EPA’s 

denial of the governor’s request. 

Moreover, EPA is setting the effective 

date for the opt in close to one year from 

receipt of the governor’s request. 

Additional significant delay is not 

permitted under the Clean Air Act 

absent a finding of inadequate supply. 

As discussed above, EPA has 

determined that there will not be any 

RFG supply issues for the opt in area 

covered by today’s rule. In addition, 

postponing the effective date would 

likely not affect, in the long-term, any 

price differential that may exist, and 

would result in the loss of important 

and needed emissions reductions for the 

summer of 2007. 

IV. Environmental Impact 

The Federal RFG program typically 

results in reductions in ozone-forming 

emissions and air toxics. 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 groundlevel 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. Reductions in 

emissions of toxic air pollutants are 

environmentally important because they 

carry significant benefits for human 

health and welfare primarily by 

reducing the number of cancer cases 

each year. 

Illinois EPA analyzed the emissions 

benefits which could be achieved by 

switching from 7.2 RVP fuel to RFG. 

Using the U.S. EPA’s MOBILE6a model, 

Illinois projected that year 2010 motor 

vehicle VOC emissions could be 

reduced by 5.4 percent and carbon 

monoxide by 2.2 percent. The use of 

RFG in the Illinois portion of the St. 

Louis, Illinois-Missouri nonattainment 

area would also decrease benzene 

emissions by 75 tons per year, which 

equates to a 44 percent reduction from 

motor vehicles. On a total toxic 

emissions basis, the use of RFG would 

reduce emissions of the five primary 

motor vehicle related air toxics by 63 

tons per year in 2010, a total percentage 

reduction of 23.5 percent. 

V. 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 is therefore 

not subject to review under the EO. EPA 

notes that the economic impacts of the 

RFG program were assessed in EPA’s 

Regulatory Impact Analysis for the 1994 

RFG rules. See 59 FR 7810–7811 

(February 16, 1994). In that analysis the 

production cost of RFG was estimated to 

be 4 to 8 cents more per gallon than 

conventional gasoline. Since 

conventional gas regulations have 

evolved since that time to be more like 

RFG and since the State has a low RVP 

requirement that also more closely 

resembles RFG, EPA expects the costs of 

RFG in the Illinois portion of the St. 

Louis, Illinois-Missouri ozone 

nonattainment area to be at the low end 

or lower than this range. Nonetheless, 

using the 4 to 8 cent per gallon estimate, 

the cost of the program to the area 

would be significantly lower than the 

trigger for a significant regulatory 

action. 

B. 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 

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. 

C. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. Refiners 

are currently subject to the information 

collection requirements for Federal 

reformulated gasoline and conventional 

gasoline. Today’s rule adds an 

additional ozone nonattainment area as 

a Federal RFG covered area; the rule 

does not change the information 

collection requirements already 

associated with Federal RFG. However, 

the Office of Management and Budget 

(OMB) has previously approved the 

information collection requirements 

contained in the existing regulations 

(see 59 FR 7716, February 16, 1994), 

under the provisions of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq. 

and has assigned OMB control number 


ycherry on PROD1PC64 with RULES
Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Rules and Regulations 20241 

number 2060–0277 (EPA ICR No. 

1951.21). A copy of the OMB approved 

Information Collection Request (ICR) 

may be obtained from Susan Auby, 

Collection Strategies Division; U.S. 

Environmental Protection Agency 

(2822T); 1200 Pennsylvania Ave., NW., 

Washington, DC 20460 or by calling 

(202) 566–1672. 

Burden means the total time, effort, or 

financial resources expended by persons 

to generate, maintain, retain, or disclose 

or provide information to or for a 

Federal agency. This includes the time 

needed to review instructions; develop, 

acquire, install, and utilize technology 

and systems for the purposes of 

collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in 40 

CFR are listed in 40 CFR part 9. 

D. 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 

that has not more than 1,500 employees 

(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. 

In promulgating the RFG and the 

related anti-dumping regulations for 

conventional gasoline, the Agency 

analyzed the impact of the regulations 

on small businesses. The Agency 

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/anti-dumping 

rule, exempting small refiners from the 

RFG regulations would result in the 

failure of meeting CAA standards. 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 anti-dumping 

requirements). Moreover, all businesses, 

large and small, maintain the option to 

produce conventional gasoline to be 

sold in areas not obligated by the Act to 

receive RFG or those areas which have 

not chosen to opt into the RFG program. 

A complete analysis of the effect of the 

RFG/anti-dumping regulations on small 

businesses is contained in the 

Regulatory Flexibility Analysis which 

was prepared for the RFG and antidumping rulemaking, and can be found 

in the docket for that rulemaking. The 

docket number is: EPA Air Docket A–

92–12. 

Today’s action will affect only those 

refiners, importers or blenders of 

gasoline that choose to produce or 

import RFG for sale in the Illinois 

portion of the St. Louis, IllinoisMissouri ozone nonattainment area, and 

gasoline distributors and retail stations 

in those areas. As discussed above, 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 will be unaffected by 

today’s action. 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 current 

RFG covered areas. The Agency did not 

find the RFG regulations to significantly 

affect these entities. Based on this, EPA 

certifies that this final rule will not have 

a significant adverse impact on a 

substantial number of small entities. 

E. 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 costeffective 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 potentially 

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. Thus, 

today’s rule is not subject to the 

requirements of sections 202 and 205 of 

the UMRA. Although EPA does not 

believe that UMRA imposes 

requirements for this rulemaking, EPA 

notes that the environmental and 

economic impacts of the RFG program 

were assessed in EPA’s Regulatory 

Impact Analysis for the 1994 RFG rules. 

EPA has also determined that this rule 

contains no regulatory requirements that 

might significantly or uniquely affect 

small governments. The rule would only 

impose requirements on certain refiners 

and other entities in the gasoline 

distribution system, and not small 

governments. The requirements of the 

rule will be enforced by the Federal 


ycherry on PROD1PC64 with RULES
20242 Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Rules and Regulations 

government at the national level. Thus, 

a small government agency plan did not 

need to be developed under section 203 

of the Unfunded Mandates Reform Act. 

F. 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 rule does not have federalism 

implications. 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. The rule would 

only impose requirements on certain 

refiners and other entities in the 

gasoline distribution system, and not on 

States. The requirements of the rule will 

be enforced by the Federal government 

at the national level. Thus, Executive 

Order 13132 does not apply to this rule. 

G. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 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.’’ This direct final rule 

does not have tribal implications, as 

specified in Executive Order 13175. 

Today’s direct final rule will affect only 

those refiners, importers or blenders of 

gasoline that choose to produce or 

import RFG for sale in the East St. Louis 

ozone nonattainment area, and gasoline 

distributors and retail stations in those 

areas. Thus, Executive Order 13175 does 

not apply to this rule. 

H. Executive Order 13045: Protection of 

Children From Environmental Health & 

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 EO 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 final rule is not subject to the EO 

because it is not economically 

significant as defined in EO 12866, and 

because the Agency does not have 

reason to believe the environmental 

health or safety risks addressed by this 

action present a disproportionate risk to 

children. 

I. Executive Order 13211: Actions That 

Significantly Effect Energy Supply 

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. 

J. National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTAA’’), Public Law 104–

113, 12(d) (15 U.S.C. 272 note), directs 

EPA to use voluntary consensus 

standards in our regulatory activities 

unless it 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) 

developed or adopted by voluntary 

consensus standards bodies. The 

NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. This final 

rulemaking does not involve technical 

standards. Therefore, EPA is not 

considering the use of any voluntary 

consensus standards. 

K. Statutory Authority 

The Statutory authority for the action 

finalized today is granted to EPA by 

sections 211(c) and (k) and 301 of the 

Clean Air Act, as amended; 42 U.S.C. 

7545(c) and (k) and 7601. 

L. Congressional Review Act 

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 April 20, 2007. 

List of Subjects in 40 CFR Part 80 

Environmental protection, Air 

pollution control, Fuel additives, 

Gasoline, Motor vehicle pollution. 

Dated: April 18, 2007. 

Stephen L. Johnson, 

Administrator. 

■ 40 CFR part 80 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, 7542, and 

7601(a). 

■ 2. Section 80.70 is amended by adding 

paragraph (k)(2) to read as follows: 

§ 80.70 Covered areas. 

* * * * * 

(k) * * * 

(2) The Illinois portion of the St. 

Louis, Illinois-Missouri ozone 

nonattainment area is a covered area 

beginning on July 1, 2007. The 

prohibitions of section 211(k)(5) of the 

Clean Air Act apply to all persons other 

than retailers and wholesale purchaserconsumers in the Illinois portion of the 

St. Louis, Illinois-Missouri ozone 

nonattainment area beginning on June 1, 

2007. The prohibitions of section 

211(k)(5) of the Clean Air Act apply to 

retailers and wholesale purchaserconsumers in the Illinois portion of the 

St. Louis, Illinois-Missouri ozone 

nonattainment area beginning July 1, 

2007. 

* * * * * 

[FR Doc. E7–7777 Filed 4–23–07; 8:45 am] 

BILLING CODE 6560–50–P 


ycherry on PROD1PC64 with RULES