Federal Register / Vol. 66, No. 101 / Thursday, May 24, 2001 / Proposed Rules 28813

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 80

[FRL–6984–9]

Approval of Colorado’s Petition to

Relax the Federal Gasoline Reid Vapor

Pressure Volatility Standard for 2001

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The Environmental Protection

Agency (‘‘EPA’’ or ‘‘the Agency’’) is

proposing to approve the State of

Colorado’s petition to relax the Reid

Vapor Pressure (‘‘RVP’’) gasoline

standard that applies to gasoline

introduced into commerce in the

Denver-Boulder area from June 1 to

September 15, 2001. The Agency

proposes to approve a relaxation of the

federal RVP standard for this area from

7.8 pounds per square inch (‘‘psi’’) to

9.0 psi for the year 2001, as an

amendment to EPA’s gasoline volatility

regulations at 40 CFR 80.27. The Agency

does not believe that this action will

cause environmental harm to Denver/

Boulder area residents. EPA has

approved relaxations of Denver/

Boulder’s RVP standard from 7.8 psi to

9.0 psi for the past eight years and the

area has remained in compliance with

the ozone standard since 1987.

DATES: Comments on this proposed rule

must be received in writing by June 25,

2001.

ADDRESSES: Materials relevant to this

petition are available for inspection in

public docket A–2000–53 at the Air

Docket Office of the EPA, Room M–

1500, 401 M Street, SW., Washington,

DC 20460, (202)260–7548, between the

hours of 8:00 a.m. to 5:30 p.m., Monday

through Friday. A duplicate public

docket CO–RVP–01 has been

established at U. S. EPA Region VIII,

999 18th Street, Suite 500, Denver, CO

80202–2466, and is available for

inspection during normal working

hours. Interested persons wishing to

examine the documents in this docket

should contact Kerri Fiedler at (303)

312–6493 at least 24 hours before the

visiting day. As provided in 40 CFR part

2, a reasonable fee may be charged for

copying docket material.

FOR FURTHER INFORMATION CONTACT:

Richard Babst at (202) 564–9473,

facsimile: (202) 565–2085, e-mail

address:

babst.richard@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: For more

information on this proposal, please see

EPA’s direct final rule published in the

Rules and Regulations section of this

Federal Register which approves

Colorado’s petition for relaxation of the

federal gasoline Reid Vapor Pressure

standard for 2001. The Agency views

this direct final rule as a

noncontroversial action for the reasons

discussed in the Direct Final Rule

published in today’s Federal Register. If

no adverse or critical comments or

requests for a public hearing are

received in response to this proposal, no

further action is contemplated in

relation to this rule. If EPA receives

adverse comments, EPA will withdraw

the direct final rule and it will not take

effect. We will address all public

comments in a subsequent final rule

based on this proposed rule. The EPA

will not institute a second comment

period on this action. Any parties

interested in commenting on this action

should do so at this time.

Administrative Requirements

A. Executive Order 12866

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 entitlement, 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

proposed rule is not a ‘‘significant

regulatory action’’ under the terms of

Executive Order 12866 and is therefore

not subject to OMB review.

B. Paperwork Reduction Act

This proposed action does not impose

any new information collection burden

under the provisions of the Paperwork

Reduction Act, 44 U.S.C. 3501 et seq.,

and therefore is not subject to these

requirements.

C. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA) Public Law

104–4 establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State, local,

and tribal governments and the private

sector. Under section 202 of the UMRA,

EPA generally must prepare a written

statement, including a cost-benefit

analysis, for proposed and final rules

with ‘‘Federal mandates’’ that may

result in expenditures to State, local and

tribal governments in the aggregate, or

to the private sector of $100 million or

more in any one year. Before

promulgating an EPA rule for which a

written statement is needed, section 205

of the UMRA generally requires EPA to

identify and consider a reasonable

number of regulatory alternatives and

adopt the least costly, more costeffective or least burdensome alternative

that achieves the objectives of the rule.

The provisions of section 205 do not

apply when they are inconsistent with

applicable law. Moreover, section 205

allows EPA to adopt an alternative other

than the least costly, most cost-effective

or least burdensome alternative if the

Administrator publishes with the final

rule an explanation why that alternative

was not adopted. Before EPA establishes

any regulatory requirements that may

significantly or uniquely affect small

governments, including tribal

governments, it must have developed

under section 203 of the UMRA a small

government agency plan. The plan must

provide for notifying affected small

governments, enabling officials of

affected small governments to have

meaningful and timely input in the

development of EPA regulatory

proposals with significant Federal

intergovernmental mandates, and

informing, educating, and advising

small governments on compliance with

the regulatory requirements.

EPA has determined that this

proposed rule does not contain a

Federal mandate that may result in

expenditures of $100 million or more

for State, local, and tribal governments

in the aggregate or the private sector in

any one year. Today’s proposed rule

continues the current relaxation of the

Federal 7.8 psi RVP gasoline standard

and thus avoids imposing the costs that

the existing Federal regulations would

otherwise impose. Today’s proposed

rule, therefore, is not subject to the

requirements of sections 202 and 205 of

the UMRA. In addition, because small

governments will not be significantly or

uniquely affected by this proposed rule,

the Agency is not required to develop a

plan with regard to small governments.

28814 Federal Register / Vol. 66, No. 101 / Thursday, May 24, 2001 / Proposed Rules

D. Executive Order 13045: Protection of

Children From Environmental Health

Risks and Safety Risks

Executive Order 13045, ‘‘Protection of

Children from Environmental Health

Risks and Safety Risks’’ (62 FR 19885

(April 23, 1997)) applies to any rule

that: (1) Is determined to be

‘‘economically significant’’ as defined

under Executive Order 12866, and (2)

concerns an environmental health or

safety risk that EPA has reason to

believe may have a disproportionate

effect on children. If the regulatory

action meets both criteria, the Agency

must evaluate the environmental health

or safety effects of the planned rule on

children and explain why the planned

regulation is preferable to other

potentially effective and reasonably

feasible alternatives considered by the

Agency.

This proposed rule is not subject to

Executive Order 13045 because it is not

an economically significant action as

defined by 12866, and because it does

not address an environmental health or

safety risk that would have a

disproportionate effect on children.

E. Executive Order 13132 (Federalism)

Executive Order 13132, entitled

‘‘Federalism’’ (64 FR 43255 (August 10,

1999)), requires EPA to develop an

accountable process to ensure

‘‘meaningful and timely input by State

and local officials in the development of

regulatory policies that have federalism

implications.’’ ‘‘Policies that have

federalism implications’’ is defined in

the Executive Order to include

regulations that 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.’’

This proposed rule does not have

federalism implications. Today’s

proposed rule affects the level of the

Federal RVP gasoline standard with

which businesses supplying gasoline to

the Denver/Boulder area must comply.

It 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.

Therefore, Executive Order 13132 does

not apply to this proposed rule.

F. National Technology Transfer and

Advancement Act

Section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (‘‘NTTAA’’), Public Law

104–113, section 12(d)(15 U.S.C. 272

note) directs EPA to use voluntary

consensus standards in its regulatory

activities unless to do so would be

inconsistent with applicable law or

otherwise impractical. Voluntary

consensus standards are technical

standards (e.g., materials specifications,

test methods, sampling procedures, and

business practices) that are developed or

adopted by voluntary consensus

standards bodies. The NTTAA directs

EPA to use available and applicable

voluntary consensus standards. This

proposed rule does not involve

technical standards. Therefore, EPA did

not consider the use of any voluntary

consensus standards.

G. Regulatory Flexibility

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 proposed rule will

not have a significant economic impact

on a substantial number of small entities

because this proposed rule continues

the relaxation of the Federal volatility

gasoline standard that has been in effect

in the Denver/Boulder area since 1992,

and thus imposes no new requirements

on small entities. Instead, today’s

proposed rule relieves the regulatory

burden associated with the 7.8 psi RVP

requirement that would otherwise apply

to all entities, including small entities

subject to this standard. After

considering the economic impacts of

today’s proposed rule on small entities,

I certify that this action will not have

significant economic impacts on a

substantial number of small entities.

H. Executive Order 13175: Consultation

and Coordination with Indian Tribal

Governments

On January 1, 2001, Executive Order

13084 was superseded by Executive

Order 13175. However, this proposed

rule was developed during the period

when Executive Order 13084 was still in

force, and so tribal considerations were

addressed under Executive Order 13084.

Executive Order 13175, entitled

‘‘Consultation and Coordination with

Indian Tribal Governments’’ (65 FR

67249 (November 6, 2000), requires EPA

to develop an accountable process to

ensure ‘‘meaningful and timely input by

tribal officials in the development of

regulatory policies that have tribal

implications.’’ ‘‘Policies that have tribal

implications’’ is defined in the

Executive Order to include regulations

that have ‘‘substantial direct effects on

one or more Indian tribes, on the

relationship between the Federal

government and the Indian tribes, or on

the distribution of power and

responsibilities between the Federal

government and Indian tribes.’’

Today’s proposed rulemaking does

not have tribal implications. The

proposed rule affects the level of the

Federal RVP standard applicable to

gasoline supplied to the Denver/Boulder

area. It therefore affects only refiners,

distributors and other businesses

supplying gasoline to the Denver/

Boulder area and will not have

substantial direct effects on tribal

governments, on the relationship

between the Federal government and

Indian tribes, or on the distribution of

power and responsibilities between the

Federal government and Indian tribes,

as specified in Executive Order 13175.

Thus, Executive Order 13175 does not

apply to this proposed rule.

I. Electronic Copies of Rulemaking

For more information about this

proposed rule and more details as

described in the preamble to the direct

final rule see a copy of this rule on the

Internet at http://www.epa.gov/otaq

under the title: ‘‘Direct Final—Approval

of Colorado’s Petition to Relax the

Federal Gasoline Reid Vapor Pressure

Volatility Standard for 2001.’’

J. Statutory Authority

Authority for this action is in sections

211(h) and 301(a) of the Clean Air Act

as amended by the Clean Air Act

Amendments of 1990 (42 U.S.C. 7545(h)

and 7601(a).

List of Subjects in 40 CFR Part 80

Environmental protection,

Administrative practice and procedures,

Air pollution control, Fuel additives,

Gasoline, Motor vehicle and motor

vehicle engines, Motor vehicle

pollution, Penalties, Reporting and

recordkeeping requirements.

Dated: May 16, 2001.

Christine Todd Whitman,

Administrator.

For the reasons set forth in the

preamble to this proposal and the

preamble to the related direct final rule,

part 80 of title 40 of the Code of Federal

Regulations is proposed to be amended

as follows:

PART 80—REGULATIONS 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).

2. In § 80.27(a)(2), the table is

amended by revising the entry for

Federal Register / Vol. 66, No. 101 / Thursday, May 24, 2001 / Proposed Rules 28815

Colorado and footnote 2 to read as

follows:

§ 80.27 Controls and prohibitions on

gasoline volatility.

* * * * *

(a) * * *

(2) * * *

APPLICABLE STANDARDS 1 1992 AND SUBSEQUENT YEARS

State May June July August September

Colorado 2 ................................................................................................ 9.0 7.8 7.8 7.8 7.8

1Standards are expressed in pounds per square inch (psi).

2The standard for 1992 through 2001 in the Denver-Boulder area designated nonattainment for the 1-hour ozone NAAQS in 1991 (see 40

CFR 81.306) will be 9.0 for June 1 through September 15.

[FR Doc. 01–13141 Filed 5–23–01; 8:45 am]

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