7164 Federal Register / Vol. 62, No. 32 / Tuesday, February 18, 1997 / Rules and Regulations

consultation with State officials as

specified by Executive Order 12875 (58

FR 58093, October 28, 1993), or involve

special consideration of environmental

justice related issues as required by

Executive Order 12898 (59 FR 7629,

February 16, 1994).

Because this action is not subject to

notice-and-comment requirements

under the Administrative Procedure Act

or any other statute, it is not subject to

the provisions of the Regulatory

Flexibility Act [5 U.S.C. 601 et seq.].

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Reporting and recordkeeping

requirements, Sulfur dioxide.

Dated: January 21, 1997.

Jerry Clifford,

Acting Regional Administrator.

Part 52, Chapter I, title 40, of the Code

of Federal Regulations is corrected as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart SS—Texas

2. Section 52.2270 is amended by

correcting paragraphs (c)(101)(i)(B) and

(c)(101)(ii)(A) to read as follows:

§ 52.2270 Identification of plan.

[Corrected]

* * * * *

(c) * * *

(101) * * *

(i) * * *

(B) Revisions to 30 TAC Chapter 112,

Section 112.8 ‘Allowable Emission

Rates from Solid Fossil Fuel-Fired

Steam Generators,’ Subsections 112.8(a)

and 112.8(b) as adopted by the Texas

Air Control Board on September 18,

1992, and effective on October 23, 1992.

(ii) * * *

(A) The State submittal entitled,

‘‘Revisions to the State Implementation

Plan Concerning Sulfur Dioxide in

Milam County,’’ dated July 26, 1995,

including Appendices G–2–1 through

G–2–6.

* * * * *

[FR Doc. 97–3868 Filed 2–14–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 80

[FRL–5689–2]

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: Direct final rule.

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 extends 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

revising the regulations such that the

implementation date of the prohibition

described herein shall 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, the implementation date of

the prohibition described herein shall

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: This action will be effective on

April 4, 1997 unless notice is received

by March 20, 1997 from someone who

wishes to submit adverse or critical

comments or requests an opportunity

for a public hearing. If such comments

or a request for a public hearing are

received by the Agency, EPA will

withdraw this direct final rule and a

timely notice will be published in the

Federal Register to indicate the

withdrawal.

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 document

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

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
Federal Register / Vol. 62, No. 32 / Tuesday, February 18, 1997 / Rules and Regulations 7165

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.

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 § 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 section

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,

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

will apply the prohibitions of

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

Arizona moderate 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 purchaser-consumers,

the prohibitions of subsection

(211)(k)(5) will apply 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, 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
7166 Federal Register / Vol. 62, No. 32 / Tuesday, February 18, 1997 / Rules and Regulations

moderate 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 assure that terminals are

capable of meeting the requirements by

the May 1 date. Based on past success

with this implementation strategy, EPA

is staggering the implementation dates

for the Phoenix opt-in to the RFG

program.

The Governor’s request seeks an

implementation date of June 1, 1997 for

the RFG program in the Phoenix area.

However, pursuant to its discretion to

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

EPA is establishing two implementation

dates. For all persons other than

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

distributors), implementation shall take

effect on the effective date of this rule,

or June 1, 1997, whichever is later. For

retailers and wholesale purchaserconsumers, implementation shall take

effect 30 days after the effective date of

this rule or July 1, 1997, whichever is

later. EPA believes these

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 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.

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. This action will be

effective April 4, 1997 unless the

Agency receives notice by March 20,

1997 that adverse or critical comments

will be submitted, or that a party

requests the opportunity to submit such

oral comments pursuant to section

307(d)(5) of the Act, as amended. If such

notice is received by the Agency, EPA

will withdraw this direct final rule and

a timely notice will be published in the

Federal Register to indicate the

withdrawal.

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

section 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 either

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

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 final rule. EPA

has also determined that this rule will

not have a significant economic impact

on a substantial number of small
Federal Register / Vol. 62, No. 32 / Tuesday, February 18, 1997 / Rules and Regulations 7167

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

3 Id. at section 3(f)(1)–(4).

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 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.

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’’), Public Law 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 costeffective, 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 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.

X. Submission to Congress

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted 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 General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

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 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. 97–3926 Filed 2–14–97; 8:45 am]

BILLING CODE 6560–50–P