23254 Federal Register / Vol. 63, No. 81 /Tuesday, April 28, 1998 / Proposed Rules

entities, but instead is continuing an

exemption from a requirement, which

makes it less restrictive and less

burdensome.

Therefore, the Administrator certifies

that this proposed rule will not have a

significant impact on a substantial

number of small entities, and that a

regulatory flexibility analysis is not

necessary in connection with this

proposed rule.

XI. Paperwork Reduction Act

The Paperwork Reduction Act of

1980, 544 U.S.C. 3501 et seq., and

implementing regulations, 5 CFR part

1320, do not apply to this action as it

does not involve the collection of

information as defined therein.

XII. Unfunded Mandates Act

Under section 202 of the Unfunded

Mandates Reform Act of 1995, EPA

must prepare a budgetary impact

statement to accompany any proposed

or final rule that includes a federal

mandate with estimated costs to the

private sector of $100 million or more,

or to state, local, or tribal governments

of $100 million or more in the aggregate.

Under section 205, EPA must select the

most cost-effective and least

burdensome alternative that achieves

the objectives of the rule and is

consistent with statutory requirements.

Section 203 requires EPA to establish a

plan for informing and advising any

small governments that may be

significantly or uniquely impacted by

the rule.

EPA has determined that this

proposed rule imposes no new federal

requirements and does not include any

federal mandate with costs to the

private sector or to state, local, or tribal

governments. Therefore, the

Administrator certifies that this

proposed rule does not require a

budgetary impact statement.

List of Subjects

40 CFR Part 69

Air pollution control, Alaska.

40 CFR Part 80

Environmental protection, Diesel fuel,

Fuel additives, Gasoline, Imports,

Labeling, Motor vehicle pollution,

Penalties, Reporting and recordkeeping

requirements.

Dated: April 14, 1998.

Carol M. Browner,

Administrator.

For the reasons set out in the

preamble, title 40, chapter I of the Code

of Federal Regulations is proposed to be

amended as follows:

PART 69—SPECIAL EXEMPTIONS

FROM REQUIREMENTS OF THE

CLEAN AIR ACT

1. The authority citation for part 69 is

revised to read as follows:

Authority: 42 U.S.C. 7545(1) and (g), 7625–

1.

2. Subpart E consisting of § 69.51 is

added to read as follows:

Subpart E—Alaska

Sec.

69.51 Exemptions.

Subpart E—Alaska

§ 69.51 Exemptions.

(a) Persons in the state of Alaska,

including but not limited to, refiners,

importers, distributors, resellers,

carriers, retailers or wholesale

purchaser-consumers may manufacture,

introduce into commerce, sell, offer for

sale, supply, dispense, offer for supply,

or transport diesel fuel, which fails to

meet the sulfur concentration or dye

requirements of 40 CFR 80.29, in the

state of Alaska if the fuel is used only

in the state of Alaska.

(b) Persons outside the state of Alaska,

including but not limited to, refiners,

importers, distributors, resellers,

carriers, retailers or wholesale

purchaser-consumers may manufacture,

introduce into commerce, sell, offer for

sale, supply, offer for supply, or

transport diesel fuel, which fails to meet

the sulfur concentration or dye

requirements of § 80.29, outside the

state of Alaska if the fuel is:

(1) Used only in the state of Alaska;

and

(2) Accompanied by supporting

documentation that clearly substantiates

the fuel is for use only in the state of

Alaska and does not comply with the

Federal sulfur standard applicable to

motor vehicle diesel fuel.

PART 80—REGULATION OF FUELS

AND FUEL ADDITIVES

1. The authority citation for part 80

continues to read as follows:

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

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

7545 and 7601(a)).

2. Section 80.29 is amended by

revising paragraph (a)(1) introductory

text to read as follows:

§ 80.29 Controls and prohibitions on

diesel fuel quality.

(a) Prohibited activities. (1) Beginning

October 1, 1993, no person, including

but not limited to, refiners, importers,

distributors, resellers, carriers, retailers

or wholesale purchaser-consumers,

shall manufacture, introduce into

commerce, sell, offer for sale, supply,

dispense, offer for supply or transport

any diesel fuel for use in motor vehicles,

except as provided in 40 CFR 69.51,

unless the diesel fuel:

* * * * *

[FR Doc. 98–10710 Filed 4–27–98; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 70

[FRL–6005–1]

Operating Permits Program; Notice of

Availability of Draft Rules; Extension

of Comment Period

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Extension of comment period

for notice of availability of draft rules.

SUMMARY: On March 25, 1998, EPA

published a notice in the Federal

Register announcing opportunity for

public review and comment on portions

of the draft preamble and all but two

sections of draft revisions to the

operating permits regulations in 40 CFR

part 70. (The remaining portions of the

preamble and regulations will be made

available at a later date.) The public

review period for that notice ends April

24, 1998. This action extends the public

review period for that notice until May

26, 1998.

DATES: Comments on the draft preamble

and regulatory revisions must be

received by May 26, 1998.

ADDRESSES: The draft preamble and

regulatory revisions are available in

EPA’s Air Docket number A–93–50 as

items VI–A–5 and VI–A–4, respectively.

This docket is available for public

inspection and copying between 8:30

a.m. and 5:30 p.m., Monday through

Friday, at the address listed below. A

reasonable fee may be charged for

copying. The address of the EPA air

docket is: EPA Air Docket (6102),

Attention: Docket Number A–93–50,

Room M–1500, Waterside Mall, 401 M

Street SW, Washington, DC, 20460.

Requests for material may be made by

telephone at 202–260–7548.

The drafts may also be downloaded

from the Internet at: http://

www.epa.gov/ttn/oarpg/t5pgm.html.

Comments on the materials referenced

in today’s notice must be mailed (in

duplicate if possible) to: EPA Air Docket

(6102), Attention: Docket No. A–93–50,

at the above address. Please identify

comments as concerning today’s notice

of availability of items VI–A–4 and VI–

A–5.
Federal Register / Vol. 63, No. 81 /Tuesday, April 28, 1998 / Proposed Rules 23255

FOR FURTHER INFORMATION CONTACT: Ray

Vogel (telephone 919–541–3153) or

Roger Powell (telephone 919–541–

5331), Mail Drop 12, EPA, Information

Transfer and Program Integration

Division, Research Triangle Park, North

Carolina, 27711. Internet addresses are:

vogel.ray@epa.gov and

powell.roger@epa.gov.

SUPPLEMENTARY INFORMATION: The part

70 operating permits regulations were

originally promulgated on July 21, 1992

(57 FR 32250). Revisions to part 70 were

proposed on August 29, 1994 (59 FR

44460) and August 31, 1995 (60 FR

45530). On May 13, 1997, the Agency

released a draft of the final preamble

and regulatory revision rulemaking that

would revise part 70 for purposes of

considering any final comments from

interested parties before final action.

The draft rulemaking reflected EPA’s

consideration of comments on the 1994

and 1995 proposals, and included

additional regulatory changes that EPA

believed appropriate based on

comments. Availability of the May 13,

1997 draft and a 30-day public review

period were announced in a June 3,

1997 Federal Register notice (62 FR

30289).

Subsequently, after discussing the

draft rulemaking with industry,

environmental, and State/local

permitting agency representatives

(‘‘stakeholders’’), EPA decided that

additional changes were necessary,

particularly to the section on permit

revision procedures. Consequently, EPA

announced in a July 3, 1997 notice (62

FR 36039) that the public should

withhold comment on the May 1997

draft until a new draft was prepared.

Since May 1997, EPA has discussed

with stakeholders alternative

approaches to the permit revision

system contained in the May draft.

While the discussions with stakeholders

to date have involved the provisions of

§§ 70.7 and 70.8, EPA also wants to

discuss with the stakeholders any

concerns with the remaining sections.

To prepare for those discussions, it is

important to be aware of concerns from

the public at large on the remaining

sections. Therefore, the March 25, 1998

notice (63 FR 14392) announced

availability of the remaining sections of

part 70 for public review and provided

for a period until April 25, 1998 for the

public to submit any comments. The

preamble and regulatory revisions

related to §§ 70.7 and 70.8 will be made

available in a future Federal Register

notice of availability.

Items VI–A–4 and VI–A–5 in docket

A–93–50 contain the portions of the

preamble and regulations for the

revisions that may be made to §§ 70.2

through 70.6 and §§ 70.9 through 70.11

of the part 70 regulations. That material

is also available on the Internet at the

address noted above. As in the June 3,

1997 notice, EPA seeks comment only

on regulatory revisions that have

changed since the August 1994 and

August 1995 proposals. The changes

since the proposals are addressed in the

preamble discussions on the relevant

sections of part 70 (e.g. § 70.2).

This action extends the comment

submittal period until May 26, 1998.

Please send comments directly to

Docket A–93–50 at the address

previously provided and specify that

they are in response to this notice.

Comments will be forwarded from the

Air Docket to the Operating Permits

Group of EPA.

Dated: April 21, 1998.

Richard D. Wilson,

Acting Assistant Administrator for Air and

Radiation.

[FR Doc. 98–11264 Filed 4–27–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 86

[FRL–6005–2]

Control of Air Pollution From New

Motor Vehicles and New Motor Vehicle

Engines; Draft Tier 2 Study and Fuel

Sulfur Paper Availability

AGENCY: Environmental Protection

Agency.

ACTION: Notice of document availability.

SUMMARY: The Clean Air Act requires

EPA to prepare a study and submit a

report to Congress regarding whether or

not further reductions in emissions from

light-duty vehicles and light-duty trucks

should be required. EPA has performed

the required study, called the ‘‘Tier 2

Study.’’ Today EPA is releasing a draft

of the study for public comment prior to

submitting it to Congress.

In the very near future, EPA will also

be releasing a related document titled

‘‘EPA Staff Paper on Gasoline Sulfur

Issues’’ and encourages public comment

on this document as well.

DATES: EPA requests that comments on

the draft Tier 2 Study be submitted by

June 12, 1998. A public meeting to

discuss the gasoline sulfur issues and

the Gasoline Sulfur Staff Paper will be

held on May 12, 1998 from 10:00 a.m.

to 5:30 p.m.

ADDRESSES: Materials relevant to this

rulemaking are contained in Docket No.

A–97–10 which may be found at 401 M

Street, SW., Washington, DC 20460 and

may be viewed in room M1500 between

8:00 a.m. and 5:30 p.m., Monday

through Friday. The telephone number

is (202) 260–7548 and the fax number is

(202) 260–4400. A reasonable fee may

be charged by EPA for copying docket

material.

The Draft Tier 2 Study is also

available electronically from the EPA

Office of Mobile Sources World Wide

Web site at http://www.epa.gov/

omswww/tr2home/htm. The Gasoline

Sulfur Staff Paper will also be available

on this Web site upon its release.

Comments should be sent to Docket

No. A–97–10 at the above address. EPA

requests that a copy of comments also

be sent to Tad Wysor, U.S. EPA, Engine

Programs and Compliance Division,

2565 Plymouth Road, Ann Arbor,

Michigan 48105 or to the Tier 2 Emailbox ‘‘tier2-study@epamail.epa.gov.’’

The public meeting will be held at

Quality Hotel, 1200 N. Courthouse Rd.,

Arlington, VA 22201 (Telephone: (703)

524–4000).

FOR FURTHER INFORMATION CONTACT: Ms.

Delores Frank, U.S. EPA, Fuels and

Energy Division, 2565 Plymouth Road,

Ann Arbor, Michigan 48105, Telephone

734–668–4295.

SUPPLEMENTARY INFORMATION: The 1990

revisions to the Clean Air Act set

specific exhaust emission standards for

light-duty vehicles or LDVs (passenger

cars) and light-duty trucks or LDTs

(including sport-utility vehicles,

minivans, and pickup trucks) beginning

in the 1994 model year. These ‘‘Tier 1’’

standards were required by Sections

202(g) and (h) of the Clean Air Act as

revised (‘‘the Act’’). Section 202(i) of the

Act requires EPA to ‘‘study whether or

not further reductions in emissions from

light-duty vehicles and light-duty trucks

should be required....’’ The Act required

EPA to examine three specific issues

related to that question: (1) the need for

further emission reductions in order to

attain or maintain compliance with the

National Ambient Air Quality Standards

(NAAQS); (2) the technological

feasibility of meeting more stringent

standards by the 2004 model year; and

(3) the cost-effectiveness of such further

reductions as compared to alternate

means of reducing emissions. The Study

was to be submitted to Congress by June

1, 1997. EPA has recently entered into

a draft consent decree to sign a letter

transmitting the Study by July 31, 1998.

Section 202(i) of the Act also requires

that EPA provide a reasonable

opportunity for public comment on the

Tier 2 study prior to its formal submittal

to Congress. In response to this