`[Federal Register Volume 60, Number 85 (Wednesday, May 3, 1995)]
[Rules and Regulations]
[Pages 21724-21725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10882]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80

[AMS-FRL-5201-4]


Regulation of Fuels and Fuel Additives: Standards for 
Reformulated and Conventional Gasoline Withdrawal of Reformulated 
Gasoline Program Extension in Wisconsin

AGENCY: Environmental Protection Agency.

ACTION: Withdrawal of final rule.

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SUMMARY: The Clean Air Act, as amended, directs the Administrator of 
EPA to apply the prohibition against the sale of conventional gasoline 
under EPA's reformulated gasoline (RFG) regulations in an ozone 
nonattainment area upon the application of the governor of the state in 
which the nonattainment area is located. On December 29, 1994, EPA 
issued a direct final rule (DFRM) extending the prohibition set forth 
in section 211(k)(5) of the Act to three moderate ozone non-attainment 
areas in Wisconsin, including those counties in the federal RFG 
program. EPA is withdrawing the direct final rule, because the governor 
has withdrawn the three counties from the federal RFG program.

EFFECTIVE DATE: This action is effective April 25, 1995.

ADDRESSES: Materials directly relevant to the direct final rule are 
contained in Public Docket No. A-94-46, located at Room M-1500, 
Waterside Mall (ground floor), U.S. Environmental Protection Agency, 
401 M Street SW, Washington, D.C. 20460. Other materials relevant to 
the reformulated gasoline final rule are contained in Public Dockets A-
91-02 and A-92-12. The docket may be inspected from 8:00 a.m. until 
4:00 p.m. Monday through Friday. As provided in 40 CFR part 2, a 
reasonable fee may be charged by EPA for copying docket materials.

FOR FURTHER INFORMATION CONTACT: Joann Jackson Stephens, U.S. EPA 
(RDSD-12), Regulation Development and Support Division, 2565 Plymouth 
Road, Ann Arbor, MI 48105. Telephone: (313) 668-4507. To Request Copies 
of This Notice Contact: Delores Frank, U.S. EPA (RDSD-12), Regulation 
Development and Support Division, 2565 Plymouth Road, Ann Arbor, MI 
48105. Telephone: (313) 668-4295.

SUPPLEMENTARY INFORMATION: A copy of this action is available on the 
EPA's Office of Air Quality Planning and Standards (OAQPS) Technology 
Transfer Network Bulletin Board System (TTNBBS). The service is free of 
charge, except for the cost of the phone call. The TTNBBS can be 
accessed with a dial-in phone line and a high-speed modem per the 
following information:

TTN BBS: 919-541-5742
(1200-14400 bps, no parity, 8 data bits, 1 stop bit)
Voice Help-line: 919-541-5384
Accessible via Internet: TELNETttnbbs.rtpnc.epa.gov
Off-line: Mondays from 8:00 AM to 12:00 Noon ET

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:

 GATEWAY TO TTN TECHNICAL AREAS (Bulletin Boards)
 OMS
 Rulemaking and Reporting
<3> Fuels
<9> Reformulated gasoline

A list of ZIP files will be shown, all of which are related to the RFG 
rulemaking process. To download any file, type the instructions below 
and transfer according to the appropriate software on your computer:

ownload, rotocol, xamine, ew, ist, or elp Selection 
or  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 ystems Utilities from 
the top menu, under rchivers/de-archivers. After getting the files 
you want onto your computer, you can quit the TTN BBS with the 
oodbye command. 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.

I. Background

    As part of the Clean Air Act Amendments of 1990, Congress added a 
new subsection (k) to section 211 of the Clean Air Act. Subsection (k) 
prohibits the sale of gasoline that EPA has not certified as 
reformulated in the nine worst ozone nonattainment areas beginning 
January 1, 1995. EPA published final regulations for the RFG program on 
February 16, 1994 and on August 2, 1994. See 59 FR 7716 and 59 FR 
39258. Corrections and clarifications to the final RFG regulations were 
published July 20, 1994. See 59 FR 36944.
    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. Any other 
ozone nonattainment area classified under subpart 2 of Part D of Title 
I of the Act as a 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 the 
sale of conventional gasoline (gasoline EPA has not certified as 
reformulated) in any area classified as an ozone nonattainment area 
classified as an ozone nonattainment area\1\ and EPA is to publish a 
governor's application in the Federal Register. To date, EPA has 
received and published applications from the Mayor of the District of 
Columbia and the Governors of the following states with ozone 
nonattainment areas: Connecticut, Delaware, Maine, Maryland, 
Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode 
Island, Virginia, Texas, and Kentucky. Since submitting opt-in 
applications, some states (Pennsylvania, Maine, and New York) have 
recently requested to opt-out of the RFG program for various reasons.

    \1\EPA promulgated such designations pursuant to Section 
107(d)(4) of the Act (56 FR 56694; November 6, 1991).
[[Page 21725]]

    Governor Tommy G. Thompson of Wisconsin submitted two letters dated 
April 6, 1994 and August 2, 1994 requesting to opt-in the reformulated 
gasoline program. The DFRM published by EPA on January 11, 1995 (60 FR 
2693) extended the reformulated gasoline program to three moderate 
ozone nonattainment areas in Wisconsin: Sheboygan, Manitowoc, and 
Kewaunee counties to be effective May 1, 1995 at the terminal and June 
1, 1995 at the retail level. The Agency published a Direct Final Rule 
because it viewed the addition of the three ozone nonattainment areas 
in Wisconsin to the RFG program and the May 1/June 1 effective dates as 
non-controversial given the level of coordination between EPA, 
Wisconsin, and industry on the opt-in request and thus, anticipated no 
adverse or critical comments.

II. Withdrawal of the Wisconsin Opt-in DFRM

    After publication of the DFRM in the Federal Register, Governor 
Tommy G. Thompson of Wisconsin submitted a letter dated March 31, 1995 
requesting the termination of the federal reformulated gasoline program 
slated for extension to Wisconsin's three moderate ozone nonattainment 
counties of Sheboygan, Manitowoc, and Kewaunee.
    After publication of the DFRM in the Federal Register, the Agency 
also received adverse comments expressing concern about the economic 
impact of the reformulated gasoline program on Kewaunee County citizens 
and small businesses, as well as border/supply issues. A copy of these 
comments can be found in Public Docket A-94-46.
    Since receiving the Governor's letter and adverse comments which 
were submitted to EPA, as was stipulated in the DFRM, the final rule 
adding the three Wisconsin nonattainment areas to the RFG program is 
being withdrawn by today's action and is effective immediately. Today's 
withdrawal affects the amendment of Sec. 80.70, paragraphs (l) and 
(l)(1) appearing at 60 FR 2693 (January 11, 1995), which were to become 
effective March 13, 1995.
    EPA is withdrawing this provision to the reformulated and 
conventional gasoline regulations without providing prior notice and an 
opportunity to comment because it finds there is good cause within the 
meaning of 5 U.S.C. 553(b) to do so. For the same reasons, EPA finds it 
has good cause under 5 U.S.C. 533(d) to make this withdrawal 
immediately effective.

III. Statutory Authority

    The statutory authority for the action finalized today is granted 
to EPA by Sections 114, 211(c) and (k) and 301 of the Clean Air Act, as 
amended; 42 U.S.C. 7414, 7545(c) and (k), and 7601.

IV. Administrative Requirements

A. Administrative Designation

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action 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 or 
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 
the Executive Order.
    It has been determined that this withdrawal is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 requires Federal agencies to 
identify potentially adverse impacts of federal regulations upon small 
entities. Pursuant to section 605(b) of the Regulatory Flexibility Act, 
5 U.S.C. 605(B) et seq., the Administrator certifies that this 
regulation will not have a significant impact on a substantial number 
of small entities.

C. Paperwork Reduction Act

    The Paperwork Reduction Act of 1980, 44 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.

D. Unfunded Mandates Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded 
Mandates Act''), signed into law on March 22, 1995, EPA must prepare a 
budgetary impact statement to accompany any proposed or final rule that 
includes a Federal mandate that may result in expenditure by State, 
local, and tribal governments, in the aggregate; or by the private 
sector, of $100 million or more. 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 the action promulgated today does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local or tribal governments in the 
aggregate, or to the private sector. This action has the net effect of 
reducing burden of the reformulated gasoline program on regulated 
entities. Therefore, the requirements of the Unfunded Mandates Act do 
not apply to this action.

List of Subjects in 40 CFR Part 80

    Environmental protection, Air pollution control, Fuel additives, 
Gasoline, Motor vehicle pollution.

    Dated: April 25, 1995.
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 continues to read as follows:

    Authority: Sections 114, 211 and 301(a) of the Clean Air Act as 
amended, (42 U.S.C. 7414, 7545 and 7601(a)).


Sec. 80.70  [Amended]

    2. In Sec. 80.70 paragraph (l) is removed.

[FR Doc. 95-10882 Filed 5-2-95; 8:45 am]
BILLING CODE 6560-50-P`