23612 Federal Register / Vol. 66, No. 90 / Wednesday, May 9, 2001 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[DC049–2026a; FRL–6973–7]

Approval and Promulgation of Air

Quality Implementation Plans; District

of Columbia; Oxygenated Gasoline

Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action to approve a revision to the

District of Columbia State

Implementation Plan (SIP). The revision

makes the oxygenated gasoline program

a contingency measure for the District of

Columbia (the District), which means

that the oxygenated gasoline program

would only be required to be

implemented in the District if there is a

violation of the carbon monoxide (CO)

national ambient air quality standard

(NAAQS). The District’s revision also

makes technical amendments to its

oxygenated gasoline regulations which

correct the deficiencies previously

identified by EPA in a January 26, 1995

final rule granting limited approval/

limited disapproval of those regulations.

Therefore, the limited approval/limited

disapproval is being converted to a full

approval. EPA is approving this revision

in accordance with the requirements of

the Clean Air Act.

DATES: This rule is effective on July 9,

2001 without further notice, unless EPA

receives adverse written comment by

June 8, 2001. If EPA receives such

comments, it will publish a timely

withdrawal of the direct final rule in the

Federal Register and inform the public

that the rule will not take effect.

ADDRESSES: Written comments should

be mailed to David L. Arnold, Chief, Air

Quality Planning and Information

Services Branch, Mailcode 3AP21, U.S.

Environmental Protection Agency,

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air Protection Division,

U.S. Environmental Protection Agency,

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103; the

Air and Radiation Docket and

Information Center, U.S. Environmental

Protection Agency, 401 M Street, SW.,

Washington, DC 20460; and the District

of Columbia Department of Public

Health, Air Quality Division, 51 N

Street, NE., Washington, DC 20002.

FOR FURTHER INFORMATION CONTACT:

Kelly L. Bunker, (215) 814–2177, or by

e-mail at bunker.kelly@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

Motor vehicles are significant

contributors of carbon monoxide (CO)

emissions. An important control

measure to reduce these emissions is the

use of oxygenates in motor vehicles’

gasoline. Extra oxygen enhances fuel

combustion, which tends to be less

efficient in cold weather. The oxygen

also helps to offset fuel-rich operating

conditions, particularly during vehicle

starting, which are more prevalent in

the winter. By adding oxygenates to

gasoline, exhaust emissions of carbon

monoxide are reduced. A gasoline blend

containing 2.7 percent (%) oxygen by

weight will result in a 15% to 20%

reduction in CO emissions.

Section 211(m) of the Clean Air Act,

42 U.S.C. § 7401 et seq. (the Act)

requires that states with carbon

monoxide nonattainment areas with

design values of 9.5 parts per million

(ppm) or more, based on data for the

two year period of 1988 and 1989 or any

two year period after 1989, submit

revisions to their State Implementation

Plan (SIP) which establish oxygenated

gasoline programs. These programs were

to begin no later than November 1, 1992.

The oxygenated gasoline programs

must require gasoline in the specified

control areas to contain not less than

2.7% oxygen by weight (known as a pergallon program), except that states may

adopt an averaging program employing

marketable oxygen credits. Where an

averaging program is adopted, gasoline

containing oxygen above 2.7% by

weight may offset the sale of gasoline

with a oxygen content below 2.7% by

weight.

The minimum 2.7% standard shall

apply during that portion of the year in

which the areas are prone to high

ambient concentrations of CO. The Act

requires that the oxygenated gasoline

program apply to all gasoline sold or

dispensed in the larger of the

Consolidated Metropolitan Statistical

Area (CMSA) or the Metropolitan

Statistical Area (MSA) in which the

nonattainment area is located.

II. Background

EPA determined that the 1988 and

1989 monitoring data for the

Metropolitan Washington area was

invalid because of poor data quality

and, therefore, inadequate to properly

characterize the ambient concentrations

of CO. Therefore, data from 1987 and

1988 was used and the Metropolitan

Washington area was designated as a CO

nonattainment area with a design value

of 11.4 ppm. The District of Columbia

(the District) is part of the Metropolitan

Washington area CO nonattainment

area. Consequently, as per the

requirements of section 211(m) of the

Act, an oxygenated gasoline program

was required to be implemented in the

District’s portion of the Washington, DC.

MSA.

On October 27, 1993, the District

officially submitted to EPA a revision to

its SIP for an oxygenated gasoline

program. The District’s oxygenated

gasoline regulations, located at 20

District of Columbia Municipal

Regulations (DCMR) Chapter 1, Section

199; Chapter 5, Section 500 and 502 and

Chapter 9, Section 904, required the

implementation of a program to be

implemented on a per gallon basis. EPA

granted limited approval/limited

disapproval of these regulations as a SIP

revision on January 26, 1995 (60 FR

5134).

On October 12, 1995, the District

submitted a redesignation request and

maintenance plan for its portion of the

Metropolitan Washington area CO

nonattainment area. In its

demonstration of maintenance, the

District showed that its oxygenated

gasoline program was not necessary for

attainment and continued maintenance

of the CO national ambient air quality

standards (NAAQS). The oxygenated

gasoline program was relegated to a

contingency measure in the

maintenance plan. If the redesignated

area violates the CO standard then the

oxygenated gasoline program would be

reinstated at the beginning of the next

oxygenated gasoline control period. EPA

approved the redesignation request and

maintenance plan on January 30, 1996

(61 FR 2931).

The District was required to adopt

and submit to EPA a revision to their

oxygenated gasoline regulation which:

(1) required the use of the oxygenated

gasoline program as a contingency

measure if the redesignated area violates

the CO standard and (2) corrected the

deficiencies in the regulations

previously identified by EPA in the

January 26, 1995 rulemaking (60 FR

5134).

On July 3, 1997, the District amended

its oxygenated gasoline regulations to

reflect the requirements of the federally

approved CO maintenance plan. The

regulation revision requires the

implementation of the oxygenated

gasoline program in the District if there

are two or more exceedances of the of

NAAQS for CO in a calendar year. The

regulation states that the oxygenated

gasoline program will not commence

until at least 180 days after the Mayor

Federal Register / Vol. 66, No. 90 / Wednesday, May 9, 2001 / Rules and Regulations 23613

determines that the contingency

measure has been triggered.

On October 17, 1997, the District

submitted the July 3, 1997 amended

oxygenated gasoline regulations as a

formal revision to its SIP. The revisions

to the oxygenated gasoline regulation

are found at 20 DCMR, Chapter 9 (Motor

Vehicle Pollutants, Lead, Odors, and

Nuisance Pollutants), Section 904, new

subsection 904.3. These regulatory

revisions became effective on July 25,

1997. On October 26, 2000 and

December 8, 2000, the District of

Columbia supplemented the October 17,

1997 SIP submittal. The supplements

contain revisions to 20 DCMR at

subsections 199.1 and 502.18. These

revisions correct the deficiencies

identified in EPA’s January 26, 1995

limited approval/limited disapproval

rulemaking (60 FR 5134). These

regulatory revisions were adopted by

the District of Columbia on October 26,

2000 and became effective on December

8, 2000.

The October 17, 1997 SIP submittal

and its October 26 and December 8,

2000 SIP supplements are the subject of

this action. A more detailed analysis of

the District’s submittal is contained in a

Technical Support Document (TSD)

which is available from the Region III

office listed in the ADDRESSES section of

this notice.

III. EPA’s Analysis of the District of

Columbia’s Amendment to Its

Oxygenated Gasoline Regulation

As previously stated, on January 26,

1995 (60 FR 5134), EPA published a

final rule granting limited approval/

limited disapproval of the District’s

oxygenated gasoline regulation found in

20 DCMR Sections 199, 500.4, 500.5,

502.18, 904.1, 904.2. EPA identified

three things lacking in the District’s

regulation, namely, a definition for the

term ‘‘carrier’’, a sampling procedure,

and a procedure for the calculation of

oxygen content in the gasoline sampled.

The October 26, 2000 and December 8,

2000 SIP supplements correct the three

deficiencies. The three deficiencies and

EPA’s evaluation of the corrections is

provided below.

1. The regulation lacks a definition for

the term ‘‘carrier’.

EPA Evaluation—A definition for the

term ‘‘carrier’’ had been added to

Subsection 199.1 of 20 DCMR. This

definition is acceptable and corrects the

deficiency.

2. The regulation lacks a sampling

procedure.

EPA Evaluation—EPA’s sampling

procedures are detailed in Appendix D

of 40 CFR Part 80. EPA has

recommended that states adopt these

sampling procedures. The District has

revised 20 DCMR Subsection 502.18 to

require the use of the sampling

methodologies set forth at 40 CFR Part

80, Appendix D or other methods

approved by EPA. This deficiency has

been corrected.

3. The regulation lacks a procedure

for the calculation of oxygen content in

the gasoline sampled.

EPA Evaluation—The District has

revised 20 DCMR Subsection 502.18 to

require the use of procedures for the

calculation of oxygenated content in the

gasoline found in the EPA guidance

document entitled ‘‘Guidelines for

Oxygenated Gasoline Credit Programs

under Section 211(m) of the Clean Air

Act as Amended,’’ which was made

available in the Federal Register on

October 20, 1992 (57 FR 47853), or other

methods developed or approved by

EPA. This corrects the deficiency.

This SIP revision also relegates the

oxygenated gasoline program to a

contingency measure, only to be

implemented if there are two or more

exceedances of the NAAQS for CO in a

calendar year at any monitor located in

the Metropolitan Washington, DC MSA.

This regulation change, found at

Subsection 904.3 of 20 DCMR, conforms

with the District of Columbia’s CO

maintenance plan which was approved

by the EPA as a SIP revision on January

30, 1996 (61 FR 2931). The regulation

states that the oxygenated gasoline

program will not commence until at

least 180 days after the Mayor

determines that the contingency

measure has been triggered.

IV. Final Action

EPA is approving the revisions to 20

DCMR which relegate the oxygenated

gasoline program to a contingency

measure, only to be implemented if

there are two or more exceedances of

the NAAQS for CO in a calendar year

at any monitor located in the

Metropolitan Washington, DC MSA. The

District’s revision also makes technical

amendments to the oxygenated gasoline

regulations which correct the

deficiencies previously identified in

EPA’s January 26, 1995 limited

approval/limited disapproval

rulemaking. Therefore, the January 26,

1995 limited approval/limited

disapproval is hereby being converted to

a full approval. EPA is approving this

revision in accordance with the

requirements of the Clean Air Act.

EPA is publishing this rule without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipate no adverse

comment. However, in the ‘‘Proposed

Rules’’ section of today’s Federal

Register, EPA is publishing a separate

document that will serve as the proposal

to approve the SIP revision if adverse

comments are filed. This rule will be

effective on July 9, 2001 without further

notice unless EPA receives adverse

comment by June 8, 2001. If EPA

receives adverse comment, EPA will

publish a timely withdrawal in the

Federal Register informing the public

that the rule will not take effect. EPA

will address all public comments in a

subsequent final rule based on the

proposed rule. EPA will not institute a

second comment period on this action.

Any parties interested in commenting

must do so at this time. Please note that

if EPA receives adverse comment on an

amendment, paragraph, or section of

this rule and if that provision may be

severed from the remainder of the rule,

EPA may adopt as final those provisions

of the rule that are not the subject of an

adverse comment.

V. Administrative Requirements

A. General Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

therefore is not subject to review by the

Office of Management and Budget. This

action merely approves state law as

meeting federal requirements and

imposes no additional requirements

beyond those imposed by state law.

Accordingly, the Administrator certifies

that this rule will not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.). Because this rule approves preexisting requirements under state law

and does not impose any additional

enforceable duty beyond that required

by state law, it does not contain any

unfunded mandate or significantly or

uniquely affect small governments, as

described in the Unfunded Mandates

Reform Act of 1995 (Public Law 104–4).

For the same reason, this rule also does

not significantly or uniquely affect the

communities of tribal governments, as

specified by Executive Order 13084 (63

FR 27655, May 10, 1998). This rule 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 (64 FR 43255,

August 10, 1999), because it merely

approves a state rule implementing a

federal standard, and does not alter the

relationship or the distribution of power

and responsibilities established in the

Clean Air Act. This rule also is not

23614 Federal Register / Vol. 66, No. 90 / Wednesday, May 9, 2001 / Rules and Regulations

subject to Executive Order 13045 (62 FR

19885, April 23, 1997), because it is not

economically significant. In reviewing

SIP submissions, EPA’s role is to

approve state choices, provided that

they meet the criteria of the Clean Air

Act. In this context, in the absence of a

prior existing requirement for the State

to use voluntary consensus standards

(VCS), EPA has no authority to

disapprove a SIP submission for failure

to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews a SIP submission,

to use VCS in place of a SIP submission

that otherwise satisfies the provisions of

the Clean Air Act. Thus, the

requirements of section 12(d) of the

National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) do not apply. As required by

section 3 of Executive Order 12988 (61

FR 4729, February 7, 1996), in issuing

this rule, EPA has taken the necessary

steps to eliminate drafting errors and

ambiguity, minimize potential litigation,

and provide a clear legal standard for

affected conduct. EPA has complied

with Executive Order 12630 (53 FR

8859, March 15, 1988) by examining the

takings implications of the rule in

accordance with the ‘‘Attorney

General’s Supplemental Guidelines for

the Evaluation of Risk and Avoidance of

Unanticipated Takings’’ issued under

the executive order. This rule does not

impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

B. Submission to Congress and the

Comptroller General

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. This rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

C. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by July 9, 2001.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action granting

full approval of the District of

Columbia’s oxygenated gasoline

regulation and relegating it to be a

contingency measure of its CO

maintenance plan may not be

challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Intergovernmental relations, Reporting

and recordkeeping requirements.

Dated: April 24, 2001.

William C. Early,

Acting Regional Administrator, Region III.

40 CFR part 52 is amended as follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart J—District of Columbia

2. In § 52.470 the table in paragraph

(c) is amended:

a. Under Chapter 1 by adding a new

Section 199 after the existing entry for

Section 199;

b. Under Chapter 5 by revising the

entry for Section 502.18; and

c. Under Chapter 9 by revising the

entry for Section 904.

The revisions and addition read as

follows:

§ 52.470 Identification of plan.

* * * * *

(c) EPA approved regulations.

EPA-APPROVED DISTRICT OF COLUMBIA REGULATIONS

State citation Title/Subject

State

effective

date

EPA approval date Comments

******

Chapter 1—General

******

Section 199 .............................. Definitions and Abbreviations 12/8/00 May 9, 2001 ............................

66 FR 23614

Addition of the definition of the

word ‘‘carrier’’ to subsection

199.1.

******

Chapter 5—Source Monitoring and Testing

******

Section 502.18 ......................... Sampling Tests and Measurements.12/8/00 May 9, 2001 ............................

66 FR 23614

Provision is amended by adding an oxygenated gasoline

sampling procedure and oxygen content calculation.

******

Chapter 9—Motor Vehicle Pollutants, Lead, Odors, and Nuisance Pollutants

Section 904 .............................. Oxygenated Fuels .................. 7/25/97 May 9, 2001 ............................

66 FR 23614

Addition of subsection 904.3

to make the oxygenated

gasoline program a CO contingency measure.

******

Federal Register / Vol. 66, No. 90 / Wednesday, May 9, 2001 / Rules and Regulations 23615

[FR Doc. 01–10986 Filed 5–8–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[KY–112–9933(a); FRL–6975–5]

Approval and Promulgation of Air

Quality Implementation Plans;

Kentucky: Approval of American

Greetings Corporation; SourceSpecific State Implementation Plan

Revision

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: On March 30, 1999, the

Commonwealth of Kentucky submitted,

through the Natural Resources and

Environmental Protection Cabinet, a

source-specific revision to the Kentucky

State Implementation Plan (SIP). This

source-specific SIP revision allows

American Greetings Corporation to have

an alternative averaging period of 30

days for compliance determination. EPA

is approving this revision because the

30 day alternate averaging period does

not jeopardize maintenance of the

National Ambient Air Quality Standards

(NAAQS).

DATES: This direct final rule is effective

July 9, 2001 without further notice,

unless EPA receives adverse comment

by June 8, 2001. If adverse comment is

received, EPA will publish a timely

withdrawal of the direct final rule in the

Federal Register and inform the public

that the rule will not take effect.

ADDRESSES: Written comments should

be addressed to Randy Terry, at the EPA

Regional Office listed below. The

interested persons wanting to examine

these documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day.

Copies of SIP materials which are

incorporated by reference into 40 CFR

Part 52 (the documents relative to this

action) are available for public

inspection during normal business

hours at the following locations:

U.S. Environmental Protection Agency;

Region 4 Air Planning Branch; 61

Forsyth Street, SW; Atlanta, Georgia

30303–8960

Commonwealth of Kentucky; Division

for Air Quality; 803 Schenkel Lane;

Frankfort, KY 40601–1403

FOR FURTHER INFORMATION CONTACT:

Randy Terry at 404/562–9032.

SUPPLEMENTARY INFORMATION:

I. Background

On March 30, 1999, the

Commonwealth of Kentucky submitted,

through the Natural Resources and

Environmental Protection Cabinet, a

source-specific revision to the Kentucky

SIP. This source-specific SIP revision

allows American Greetings Corporation

to have an alternative averaging period

of 30 days for compliance

determination.

To meet the requirements of this SIP

revision, American Greetings

Corporation must provide all record

keeping in accordance with regulation

401 KAR 59:212, New Graphic Arts

Facilities Using Rotogravure and

Flexography, Section 4(6). These

records shall include, but are not

limited to, the following:

(a) Applicable regulation number;

(b) Application method and substrate

type;

(c) Amount and type of graphic arts

material or solvent used at each point of

application, including exempt

compounds;

(d) The volatile organic compound

(VOC) content as applied in each

graphic arts materials or solvent;

(e) The date for each application for

graphic arts material or solvent; and

(f) The amount of surface preparation,

clean-up, or wash-up solvent (including

exempt compounds) used and the VOC

content of each;

In addition, the permittee must keep

monthly records of the pounds of each

ink and topcoat lacquer used and the

corresponding VOC contents and hours

of operation. These emissions shall be

calculated and recorded in tons per

month and tons per 12 months. Tons

per 12 months shall represent a rolling

average. These records shall be made

available for inspection to any

authorized representative of the

Division for Air Quality upon request.

Agency policy regarding SIP revisions

for averaging times for compliance with

VOC emission limits is stated in a

January 20, 1984, memo from John R.

O’Conner, Acting Director, Office of Air

Quality Planning and Standards:

‘‘Current Agency guidance specifies the

use of a daily weighted average for VOC

regulations as the preferred alternative

where continuous compliance is not

feasible.’’

The aforementioned memo also

approves the utilization of averaging

period for VOC emissions for as long as

thirty days, providing that certain

conditions are met.

These requirements consist of the

following elements.

1. The VOC limits must be specified

in an enforceable form with appropriate

compliance dates.

2. A description of the affected

processes and associated historical

production and operating rates.

3. A description of the control

techniques to be applied to the affected

processes such as low solvent and

waterborne coating; technology and/or

add-on controls.

4. The nature of the emission control

program whether a bubble, a regulation

change, a compliance schedule, or some

other form of alternative control

program.

5. The method of record keeping and

reporting to be employed to demonstrate

compliance with the new emission limit

requirement and to support the showing

that the emission limit is consistent

with Reasonable Further Progress (RFP)

and the demonstration of attainment.

II. Analysis of State’s Submittal

In response to meeting the

aforementioned requirements, Kentucky

submitted the results of a detailed

statistical analysis verifying that the

actual emissions emitted are

consistently below the allowable

emissions. Based on this analysis,

Kentucky utilizing a monthly averaging

recording system has a very minimal

chance that the emissions will exceed

ten percent of the permitted emission

rate.

Kentucky’s submittal addressed the

NAAQS for ozone in the Appalachian

Air Quality Control Region where the

facility is located. Kentucky found that

there were no violations of the ozone

NAAQS during 1992–1995, based on an

evaluation of the 1996–1997 Kentucky

Environmental Quality Commission’s

Environmental Annual Status Report on

Air Quality. EPA’s review of additional

ozone data in the Aerometric

Information Retrieval System (AIRS) for

the surrounding counties of Bell, Perry,

and Pulaski for the years 1992–2000

found no ozone violations. Based on the

air quality analysis by Kentucky and

EPA’s review of additional ozone air

quality data, EPA concludes there will

be no adverse environmental impact on

the surrounding ozone attainment area

from the adoption of 30-day monthly

VOC record keeping for the American

Greetings Corporation.

The use of thirty day averaging period

as a maximum averaging time for VOC

emissions is consistent with current

agency policy, as detailed in the January

20, 1984, John O’Conner memo. Because

of the simplicity of this action, no

technical support document was

prepared.

III. Final Action

EPA is approving the aforementioned

changes to the SIP because they are