Federal Register / Vol. 62, No. 32 / Tuesday, February 18, 1997 / Proposed Rules 7197

existing requirements and impose any

new Federal requirements.

USEPA’s denial of the State’s

redesignation request under section

107(d)(3)(E) of the CAA does not affect

any existing requirements applicable to

small entities nor does it impose new

requirements. The area retains its

current designation status and continues

to be subject to the same statutory

requirements. To the extent that the area

must adopt regulations, based on its

nonattainment status, USEPA will

review the effect of those actions on

small entities at the time the State

submits those regulations. Therefore,

the Administrator certifies that any

disapproval of the redesignation request

will not affect a substantial number of

small entities.

Under Sections 202, 203, and 205 of

the Unfunded Mandates Reform Act of

1995 (‘‘Unfunded Mandates Act’’),

signed into law on March 22, 1995,

USEPA must undertake various actions

in association with proposed or final

rules that include a Federal mandate

that may result in estimated costs of

$100 million or more to the private

sector, or to State, local, or tribal

governments in the aggregate. Through

submission of this state implementation

plan or plan revision, the State and any

affected local or tribal governments have

elected to adopt the program provided

for under Section 110 of the CAA. These

rules may bind State, local and tribal

governments to perform certain actions

and also require the private sector to

perform certain duties. USEPA has

examined whether the rules being

disapproved by this action would

impose any new requirements. Since

such sources are already subject to these

regulations under State law, no new

requirements would be imposed by a

disapproval. Moreover, as this action

would merely leave the area with its

current designation, it imposes no new

requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

would result from this action, and

therefore there will be no significant

impact on a substantial number of small

entities.

List of Subjects

40 CFR Part 52

Environmental protection, Air

pollution control, Ozone, Reporting and

recordkeeping requirements, Volatile

organic compounds.

40 CFR Part 81

Environmental protection, Air

pollution control.

Authority: 42 U.S.C. 7401–7671q.

Dated: February 6, 1997.

Michelle D. Jordan,

Acting Regional Administrator.

[FR Doc. 97–3925 Filed 2–14–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 80

[FRL–5689–3]

Regulations of Fuels and Fuel

Additives: Extension of the

Reformulated Gasoline Program to the

Phoenix, Arizona Moderate Ozone

Nonattainment Area

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of proposed rulemaking.

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

Clean Air Act, as amended (Act), the

Administrator of EPA shall 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 action proposes to

extend the prohibition set forth in

section 211(k)(5) against the sale of

conventional (i.e., non-reformulated)

gasoline to the Phoenix, Arizona

moderate ozone nonattainment area.

The Agency is proposing the

implementation date of the prohibition

described herein to take effect on the

effective date of this rule or June 1,

1997, whichever is later, for all persons

other than retailers and wholesale

purchaser-consumers (i.e., refiners,

importers, and distributors). For

retailers and wholesale purchaserconsumers, EPA is proposing the

implementation of the prohibition

described herein to take effect 30 days

after the effective date of this rule, or

July 1, 1997, whichever is later. As of

the implementation date for retailers

and wholesale purchaser-consumers,

the Phoenix ozone nonattainment area

will be a covered area for all purposes

in the federal RFG program.

DATES: If a public hearing is held on

today’s proposal, comments must be

received by April 10, 1997. If a hearing

is not held, comments must be received

by March 20, 1997. Please direct all

correspondence to the address shown

below. The Agency will hold a public

hearing on today’s proposal if one is

requested by February 25, 1997. If a

public hearing is held, it will take place

on March 11, 1997. To request a

hearing, or to find out if and where a

hearing will be held, please call Janice

Raburn at (202) 233–9000.

ADDRESSES: Comments should be

submitted (in duplicate, if possible) to

Air Docket Section, Mail Code 6102,

U.S. Environmental Protection Agency,

401 M Street, SW, Washington, DC

20460. A copy should also be sent to

Janice Raburn at U.S. Environmental

Protection Agency, Office of Air and

Radiation, 401 M Street, SW (6406J),

Washington, DC 20460. A copy should

also be sent to EPA Region IX, 75

Hawthorne Street, AIR–2, 17th Floor,

San Francisco, CA 94105.

Materials relevant to this notice have

been placed in Docket A–97–02. The

docket is located at the Air Docket

Section, Mail Code 6102, U.S.

Environmental Protection Agency, 401

M Street, SW, Washington, DC 20460, in

room M–1500 Waterside Mall.

Documents may be inspected from 8:00

a.m. to 5:30 p.m. A reasonable fee may

be charged for copying docket material.

An identical docket is also located in

EPA’s Region IX office in Docket A–AZ–

97. The docket is located at 75

Hawthorne Street, AIR–2, 17th Floor,

San Francisco, California 94105.

Documents may be inspected from 9:00

a.m. to noon and from 1:00—4:00 p.m.

A reasonable fee may be charged for

copying docket material.

FOR FURTHER INFORMATION CONTACT:

Janice Raburn or Paul Argyropoulos at

U.S. Environmental Protection Agency

Office of Air and Radiation, 401 M

Street, SW (6406J), Washington, DC

20460, (202) 233–9000.

SUPPLEMENTARY INFORMATION: A copy of

this action is available on the OAQPS

Technology Transfer Network Bulletin

Board System (TTNBBS) and on the

Office of Mobile Sources’ World Wide

Web cite, http://www.epa.gov/

OMSWWW. The TTNBBS can be

accessed with a dial-in phone line and

a high-speed modem (PH# 919–541–

5742). The parity of your modem should

be set to none, the data bits to 8, and

the stop bits to 1. Either a 1200, 2400,

or 9600 baud modem should be used.

When first signing on, the user will be

required to answer some basic

informational questions for registration

purposes. After completing the

registration process, proceed through

the following series of menus:

(M) OMS

(K) Rulemaking and Reporting

(3) Fuels

(9) Reformulated gasoline

A list of ZIP files will be shown, all

of which are related to the reformulated

gasoline rulemaking process. Today’s

action will be in the form of a ZIP file

and can be identified by the following

title: OPTOUT.ZIP. To download this

file, type the instructions below and
7198 Federal Register / Vol. 62, No. 32 / Tuesday, February 18, 1997 / Proposed Rules

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.

transfer according to the appropriate

software on your computer:

<D>ownload, <P>rotocol, <E>xamine,

<N>ew, <L>ist, or <H>elp

Selection or <CR> to exit: D

filename.zip

You will be given a list of transfer

protocols from which you must choose

one that matches with the terminal

software on your own computer. The

software should then be opened and

directed to receive the file using the

same protocol. Programs and

instructions for de-archiving

compressed files can be found via

<S>ystems Utilities from the top menu,

under <A>rchivers/de-archivers. Please

note that due to differences between the

software used to develop the document

and the software into which the

document may be downloaded, changes

in format, page length, etc. may occur.

Regulated entities. Entities potentially

regulated by this action are those which

produce, supply or distribute motor

gasoline. Regulated categories and

entities include:

Category Examples of regulated entities

Industry .... Petroleum refiners, motor gasoline distributors and retailers.

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.

I. Background

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

gasoline that EPA has not certified as

reformulated (‘‘conventional gasoline’’)

in the nine worst 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 though 1989. 1

Under section 211(k)(10)(D), any area

reclassified as a severe ozone

nonattainment area under section 181(b)

is also to be included in the RFG

program. EPA published final

regulations for the RFG program on

February 16, 1994. See 59 FR 7716.

Any other ozone nonattainment area

classified as Marginal, Moderate,

Serious, or Severe 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 requested by the Governor which

has been classified under subpart 2 of

Part D of Title I of the act 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.

Finally, EPA is to publish a governor’s

application in the Federal Register.

II. The Governor’s Request

EPA received an application from the

Honorable Fife Symington, Governor of

the State of Arizona, for the Phoenix

moderate ozone nonattainment area to

be included in the reformulated gasoline

program. The Governor’s letter is set out

in full below.

January 17, 1997.

Ms. Carol Browner, Administrator,

U.S. Environmental Protection Agency, 401

M. Street, S.W. (1101) Washington, D.C.

20460.

Dear Ms. Browner: The purpose of this

letter is to request, under section 211(k)(6) of

the Clean Air Act and 40 CFR § 81.303, that

the U.S. E.P.A. extend the requirement for

reformulated gasoline (RFG) to the Phoenix

Ozone Nonattainment Area beginning June 1,

1997. This ‘‘opt-in’’ request is made in

accordance with the guidance provided by

your agency in letters to me of December 31,

1996 and January 13, 1997.

Furthermore, I am requesting waivers

related to summertime Reid Vapor Pressure

(RVP) and wintertime oxygenated fuels:

—From June 1 through September 30 of each

year, that the current State standard of 7.0

pounds per square inch (psi) RVP be

enforced in the Phoenix Ozone

Nonattainment Area; and

—That the U.S.E.P.A. preserve existing State

standards for oxygenated gasoline blends.

These unique gasoline standards were

submitted by Arizona in the 1993 ozone and

carbon monoxide State Implementation Plan

revisions required under the Clean Air Act,

but no action was taken on our waiver

request. I urge EPA to expeditiously approve

these waivers in accordance with

§ 211(c)(4)(C) of the Act.

As you know, Arizona has made a good

faith effort to implement its ozone

nonattainment plan in compliance with all of

the requirements of the Clean Air Act.

Regardless, a significant proportion of the

emissions reductions included in this plan

were not realized due to the difficulties the

State has experienced in attempting to fully

implement the federal enhanced vehicular

inspection and maintenance program. This

problem, and continued violations of the

ozone standard in Maricopa County have

motivated the State to voluntarily develop

and submit an ozone plan, which will

include a variety of enforceable control

programs designed to reduce pollution and

bring about attainment of the ozone standard

by 1999. Reformulated gasoline is critical to

the success of this plan, and will probably

provide the largest pollution reduction of any

single control program contemplated in this

plan.

The State will continue to evaluate

gasoline formulations and other strategies for

reducing ozone, carbon monoxide and

particulate pollution, and may determine that

another gasoline formulation provides

equivalent or better emissions reductions,

and is more cost-effective or represents a

better overall solution to our pollution

problems in the long term. In such case, the

State will submit a complete opt-out request

by December 31, 1997, or take other

appropriate action, as described in the

December 31, 1996 and January 13, 1997

letters previously mentioned.

I appreciate the prompt assistance that

your Region IX staff provided on this issue.

Thank you for your attention to this matter.

Sincerely,

s/Fife Symington

Governor.

FS:sae

cc: Felicia Marcus, EPA, Region IX, Russell

F. Rhoades, Arizona Department of

Environmental Quality, John Hays,

Arizona Department of Weights and

Measures

III. Action

Pursuant to the governor’s letter and

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

is proposing to apply the prohibitions of

subsection 211(k)(5) to the Phoenix,

Arizona ozone nonattainment area as of

the effective date of this rule, or June 1,

1997 whichever is later, for all persons

other than retailers and wholesale

purchaser-consumers. This date applies

to the refinery level and all other points

in the distribution system other than the

retail level. For retailers and wholesale
Federal Register / Vol. 62, No. 32 / Tuesday, February 18, 1997 / Proposed Rules 7199

purchaser-consumers, EPA is proposing

to apply the prohibitions of subsection

211(k)(5) to the Phoenix, Arizona ozone

nonattainment area 30 days after the

effective date for this rule, or July 1,

1997, whichever is later. 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 Phoenix ozone

nonattainment area could take effect no

later than January 17, 1998 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.’’ For the

Phoenix nonattainment area, EPA could

establish an effective date for the start

of the RFG program anytime up to this

date. EPA considers that January 17,

1998 would be the latest possible

effective date, since EPA expects there

to be sufficient domestic capacity to

produce RFG and therefore has no

current reason to extend the effective

date beyond one year after January 17,

1998. EPA believes that there is

adequate domestic capability to support

the current demand for RFG nationwide

as well as the addition of the Phoenix

area.

Like the federal volatility program,

the 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 VOCcontrolled RFG. At the refinery level,

and all other points in the distribution

system other than the retail level,

compliance with RFG VOC-control

requirements is required from May 1 to

September 15. At the retail level (service

stations and wholesale purchaserconsumers), 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. Based

on past success with this

implementation strategy, EPA proposes

to stagger the implementation dates for

the Phoenix opt-in to the RFG program.

The Governor’s request seeks an

implementation date of June 1 for the

RFG program in the Phoenix area.

However, pursuant to its discretion to

set an effective date under § 211(k)(6),

EPA is proposing two implementation

dates. For all persons other than

retailers and wholesale purchaserconsumers (i.e., refiners, importers, and

distributors), EPA is proposing the

implementation to take effect on the

effective date of this rule, or June 1,

1997, whichever is later. For retailers

and wholesale purchaser-consumers,

EPA is proposing the implementation to

take effect 30 days after the effective

date of this rule or July 1, 1997,

whichever is later. EPA believes these

proposed implementation dates achieve

a reasonable balance between requiring

the earliest possible start date and

providing adequate lead time for

industry to prepare for program

implementation. These dates are

consistent with the state’s request that

EPA require that the RFG program begin

in the Phoenix area as early as possible

in the high ozone season, which begins

June 1. These dates would provide

environmental benefits by allowing

Phoenix to achieve VOC reduction

benefits for some of the 1997 VOCcontrolled season. EPA believes these

dates provide adequate lead time for the

distribution industry to set up storage

and sales agreements to ensure supply.

EPA asks for comment on whether

retailers and wholesale purchaserconsumers believe they could comply

with federal RFG in less than 30 days

from the effective date set for persons

other than retailers and wholesale

purchaser-consumers.

IV. Public Participation and Effective

Date

The Agency is publishing this action

both as a proposed rulemaking and as a

direct final rule because it views setting

the effective date for the addition of the

Phoenix ozone nonattainment area to

the federal RFG program as noncontroversial and anticipates no adverse

or critical comments. The Agency will

hold a public hearing on today’s

proposal if one is requested by February

25, 1997.

The Governor of Arizona established

in May 1996 an Air Quality Strategies

Task Force to develop a report

describing long- and short-term

strategies that would contribute to

attainment of the federal national

ambient air quality standards for ozone,

carbon monoxide and particulates. In

July 1996, this task force recommended

establishment of a Fuels Subcommittee

to evaluate potential short-term and

long-term fuels options for the Phoenix

ozone nonattainment area. The Fuels

Subcommittee was composed of

representatives of a diverse mixture of

interests including gasoline-related

industries, public health organizations,

and both in-county and out-of-county

interests. Several members of the

refining industry supported the opt into

the federal RFG program for Phoenix for

the onset of the 1997 VOC control

season. The subcommittee submitted its

final report to the Air Quality Strategies

Task Force on November 26, 1996.

Section 211(k)(6) states that, ‘‘[u]pon

the application of the Governor of a

State, the Administrator shall apply the

prohibition’’ against the sale of

conventional gasoline in any area of the

State classified as Marginal, Moderate,

Serious, or Severe for ozone. Although

§ 211(k)(6) provides EPA discretion to

establish the effective date for this

prohibition to apply to such areas, and

allows EPA to consider whether there is

sufficient domestic capacity to produce

RFG in establishing the effective date,

EPA does not have discretion to deny a

Governor’s request. Therefore, the scope

of this action is limited to setting an

effective date for Phoenix’s opt-in to the

RFG program, and not to decide

whether Phoenix should in fact opt in.

For this reason, EPA is only soliciting

comments addressing the

implementation date and is not

soliciting comments that support or

oppose Phoenix participating in the

program.

V. Environmental Impact

The federal RFG program provides

reductions in ozone-forming VOC

emissions, oxides of nitrogen (NOX),

and air toxics. Reductions in VOCs are

environmentally significant because of

the associated reductions in ozone

formation and in secondary formation of

particulate matter, 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.

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.

The Arizona Governor’s Task Force

estimates that if federal RFG is required

to be sold in Phoenix, VOC emissions

will be be cut by more than nine tons/

day. In addition, all vehicles would

have improved emissions and the area

would also get reductions in toxic

emissions.

VI. Statutory Authority

The Statutory authority for the action

proposed today is granted to EPA by

sections 211(c) and (k) and 301 of the
7200 Federal Register / Vol. 62, No. 32 / Tuesday, February 18, 1997 / Proposed Rules

2See 58 FR 51735 (October 4, 1993).

3 Id. at section 3(f)(1)–(4).

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

7545(c) and (k) and 7601.

VII. Regulatory Flexibility

For the following reasons, EPA has

determined that it is not necessary to

prepare a regulatory flexibility analysis

in connection with this proposed rule.

EPA has also determined that this rule

will not have a significant economic

impact on a substantial number of small

entities. In promulgating the RFG and

anti-dumping regulations, 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 proposed rule will affect only

those refiners, importers or blenders of

gasoline that choose to produce or

import RFG for sale in the Phoenix

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 Phoenix, which 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.

Therefore, for the reasons dated in

this section the Agency certifies that

this action will not have a significant

impact on a substantial number of

entities.

VIII. Executive Order 12866

Under Executive Order 12866 2, the

Agency must determine whether a

regulation is ‘‘significant’’ and therefore

subject to OMB review and the

requirements of the Executive Order.

The Order defines ‘‘significant

regulatory action’’ as one that is likely

to result in a rule that may:

(1) Have an annual effect on the

economy of $100 million or more, or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local or tribal governments of

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) Materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof, or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in this Executive Order. 3

It has been determined that this rule

is not a ‘‘significant regulatory action’’

under the terms of Executive Order

12866 and is therefore not subject to

OMB review.

IX. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘UMRA’’), P.L. 104–4, EPA must

prepare a budgetary impact statement to

accompany any general notice of

proposed rulemaking or final rule that

includes a Federal mandate which may

result in estimated costs to State, local,

or tribal governments in the aggregate,

or to the private sector, of $100 million

or more in any one year. Under Section

205, for any rule subject to Section 202

EPA generally must select the least

costly, most cost-effective, or least

burdensome alternative that achieves

the objectives of the rule and is

consistent with statutory requirements.

Under Section 203, before establishing

any regulatory requirements that may

significantly or uniquely affect small

governments, EPA must take steps to

inform and advise small governments of

the requirements and enable them to

provide input.

EPA has determined that today’s

proposed rule does not trigger the

requirements of UMRA. The rule does

not include a Federal mandate that may

result in estimated annual costs to State,

local or tribal governments in the

aggregate, or to the private sector, of

$100 million or more, and it does not

establish regulatory requirements that

may significantly or uniquely affect

small governments.

List of Subjects in 40 CFR Part 80

Environmental protection, Air

pollution control, Fuel additives,

Gasoline, Motor vehicle pollution.

Dated: February 7, 1997.

Carol M. Browner,

Administrator.

40 CFR part 80 is proposed to be

amended as follows:

PART 80—REGULATION OF FUELS

AND FUEL ADDITIVES

1. The authority citation for part 80 is

revised to read as follows:

Authority: Secs. 114, 211, and 301(a) of the

Clean Air Act, as amended (42 U.S.C. 7414,

7545 and 7601(a)).

2. Section 80.70 is amended by

adding paragraph (m) to read as follows:

§ 80.70 Covered areas.

* * * * *

(m) The prohibitions of section

211(k)(5) will apply to all persons other

than retailers and wholesale purchaserconsumers June 1, 1997. The

prohibitions of section 211(k)(5) will

apply to retailers and wholesale

purchaser-consumers July 1, 1997. As of

the effective date for retailers and

wholesale purchaser-consumers, the

Phoenix, Arizona ozone nonattainment

area is a covered area. The geographical

extent of the covered area listed in this

paragraph shall be the nonattainment

boundaries for the Phoenix ozone

nonattainment area as specified in 40

CFR 81.303.

[FR Doc. 97–3927 Filed 2–14–97; 8:45 am]

BILLING CODE 6560–50–P