Federal Register / Vol. 60, No. 7 / Wednesday, January 11, 1995 / Rules and Regulations 2693

Sec. 232 Reporting—excluding any

reference to TRS (3–10–93)

Sec. 234 Upset Conditions—excluding any

reference to TRS (3–10–93)

Primary Aluminum Plants

Sec. 255 Statement of Purpose (3–10–93)

Sec. 260 Definitions (3–10–93)

Sec. 265 Emission Standards (3–10–93)

Sec. 270 Special Problem Areas (3–10–93)

Sec. 275 Repealed

Sec. 280 Monitoring (3–10–93)

Sec. 285 Reporting (3–10–93)

Specific Industrial Standards

Sec. 305 Definitions (3–10–93)

Sec. 310 General Provisions (11–4–93)

Sec. 315 Veneer and Plywood

Manufacturing Operations (3–10–93)

Sec. 320 Particleboard Manufacturing

Operations (3–10–93)

Sec. 325 Hardboard Manufacturing

Operations (3–10–93)

Regulations for Sulfite Pulp Mills

Sec. 350 Definitions (3–10–93)

Sec. 355 Statement of Purpose (3–10–93)

Sec. 360 Minimum Emission Standards (3–

10–93)

Sec. 365 Repealed

Sec. 370 Monitoring and Reporting (3–10–

93)

Sec. 375 Repealed

Sec. 380 Exceptions (3–10–93)

Laterite Ore Production of Ferronickel

Sec. 405 Statement of Purpose (3–10–93)

Sec. 410 Definitions (3–10–93)

Sec. 415 Emission Standards (3–10–93)

Sec. 420 Repealed

Sec. 425 Repealed

Sec. 430 Monitoring and Reporting (3–10–

93)

* * * * *

3.2 Lane Regional Air Pollution Authority

Regulations

* * * * *

Title 47 Rules for Open Outdoor Burning

47–001 General Policy (8–14–84)

47–005 Statutory Exemptions from These

Rules (8–14–84)

47–010 Definitions (9–8–92)

47–015 Open Burning Requirements (9–8–

92)

47–020 Letter Permits (9–8–92)

47–025 Repealed

47–030 Summary of Seasons, Areas, and

Permit Requirements for Open Outdoor

Burning (9–8–92)

* * * * *

[FR Doc. 95–610 Filed 1–10–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 80

[AMS–FRL–5134–5]

Regulation of Fuels and Fuel

Additives: Extension of the

Reformulated Gasoline Program to

Moderate Ozone Nonattainment Areas

in Wisconsin

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 apply the

prohibition against the sale of gasoline

that has not been controlled 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. This

action extends 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. In Phase I

beginning on January 1, 1995,

reformulated gasoline will achieve a 15

to 17 percent reduction in both ozoneforming volatile organic compound

(VOC) emissions and toxics emissions

from motor vehicles. In Phase II

beginning on January 1, 2000, the

program will achieve a 25 to 29 percent

VOC reduction, a 20 to 22 percent

reduction in toxics emissions, and a 5

to 7 percent nitrogen oxide (NOX)

reduction.

EFFECTIVE DATES: This action will be

effective on March 13, 1995 unless

notice is received by February 10, 1995

that adverse or critical comments will

be submitted or that an opportunity to

submit such comments at a public

hearing is requested.

If such comments or a request for a

public hearing are received by the

Agency, then EPA will publish a

subsequent Federal Register notice

withdrawing this action and will issue

a notice of proposed rulemaking.

ADDRESSES: Interested parties may

submit written comments (in duplicate,

if possible) to Public Docket No. A–94–

46, at Air Docket Section, U.S.

Environmental Protection Agency,

Waterside Mall, Room M–1500, 401 M

Street SW., Washington, DC 20460. The

Agency requests that commenters also

send a copy of any comments to Joann

Jackson Stephens at U.S. EPA (RDSD–

12), Regulation Development and

Support Division, 2565 Plymouth Road,

Ann Arbor, MI 48105.

Other materials relevant to the RFG

rulemaking, and hence today’s action,

are contained in Public Docket Nos. A–

91–02, A–92–12, A–93–49, and A–94–

30. These dockets are also located in

Waterside Mall at the above listed

address. The dockets may be inspected

from 8:00 a.m. until 4:00 p.m. Monday

through Friday. A reasonable fee may be

charged by EPA for copying docket

materials.

FOR FURTHER INFORMATION CONTACT:

Joann Jackson Stephens, Telephone:

(313) 668–4276.

To request copies of this action

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:

<T> GATEWAY TO TTN TECHNICAL

AREAS (Bulletin Boards)

<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 RFG rulemaking

process. To download any 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

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
2694 Federal Register / Vol. 60, No. 7 / Wednesday, January 11, 1995 / Rules and Regulations

1EPA promulgated such designations pursuant to

Section 107(d)(4) of the Act (56 FR 56694;

November 6, 1991).

2See 56 FR 56764 (November 6, 1991); 57 FR

56762, 56778 (November 30, 1992); and 40 CFR

81.350.

<S>ystems Utilities from the top menu,

under <A>rchivers/de-archivers. After

getting the files you want onto your

computer, you can quit the TTN BBS

with the <G>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.

Section 211(k)(10)(D) defines the

areas covered by the 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 through

1989. Applying those 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.

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.

Any other ozone nonattainment area

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 retail

sale of conventional gasoline (gasoline

EPA has not certified as reformulated)

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.1

Subparagraph 211(k)(6)(A) further

provides that EPA is to apply the

prohibition at the retail level 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’’

reformulated gasoline. Finally, 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

Connecticut, Delaware, Maine,

Maryland, Massachusetts, New

Hampshire, New Jersey, New York,

Pennsylvania, Rhode Island, Vermont,

Virginia, Texas, and Kentucky.

Although Vermont has requested to optin to the program, states without ozone

nonattainment areas, such as Vermont,

can not do so.

II. The Governor’s Request

EPA received an application from the

Honorable Tommy G. Thompson,

Governor of the state of Wisconsin, for

three moderate ozone non-attainment

areas to be included in the RFG

program. Governor Thompson later

clarified his request in reference to

implementation dates with the

submission of a second letter of

application. Both letters are set out in

full below.

A. Initial Letter From Wisconsin’s

Governor

[State of Wisconsin letterhead]

April 6, 1994.

Carol Browner,

USEPA Administrator,

USEPA Headquarters,

401 M Street, SW (101),

Washington, DC 20460

Dear Ms. Browner: The purpose of this

letter is to request that you extend the

requirement for reformulated gasoline to the

three moderate ozone nonattainment areas in

Wisconsin. As you know, Section 211(k)(6) of

the Clean Air Act gives the Governor the

authority to opt into the reformulated

gasoline program for ozone nonattainment

areas that are not otherwise required to use

reformulated gasoline. I am exercising the

opt-in provision of Section 211(k)(6) for the

three moderate ozone nonattainment areas in

Wisconsin; Kewaunee, Manitowoc and

Sheboygan Counties.

Reformulated Gasoline is a significant

component of our 15 percent VOC emission

reduction plans for our moderate

nonattainment areas, supplying about 1⁄2 of

the necessary emission reductions. After

evaluating the public input to our 15 percent

VOC plan, I am convinced that reformulated

gasoline is critical to the success of the 15

percent plan in our moderate ozone

nonattainment areas.

Thank you for considering my request. I

am looking forward to the successful

implementation of our 15 percent emission

reduction plan and a good start to achieving

our goals of attainment of the ozone air

quality standard in Eastern Wisconsin.

Sincerely,

Tommy G. Thompson,

Governor.

B. Second Letter From Wisconsin’s

Governor

[State of Wisconsin letterhead]

August 2, 1994.

Carol Browner,

USEPA Administrator,

USEPA Headquarters,

401 M Street, SW (101),

Washington, DC 20460

Dear Ms. Browner: In April of this year I

requested that you extend the federal

reformulated gasoline program to the three

Wisconsin moderate ozone nonattainment

counties of Sheboygan, Manitowoc, and

Kewaunee. Your staff subsequently notified

the state of the need to clarify the requested

effective date for the program within those

counties. I understand the program in our six

severe ozone counties automatically

commences January 1, 1995 based on federal

regulation.

Given the summer ozone air quality

rationale of the program, I request that the

three county opt-in become effective for

gasoline blended to meet summer season

requirements for 1995. Based on staff

meetings with the gasoline refining and

wholesale/retail distribution industry, I

recommend a June 1, 1995 retail level

compliance date. The slight start-up delay for

the moderate counties will provide suppliers

time to respond to the recently altered market

structure.

Thank you for your attention in this regard.

I hope this overall program will significantly

affect air quality improvement in eastern

Wisconsin.

Sincerely,

Tommy G. Thompson,

Governor.

cc: Don Theiler, Air Management, WI–DNR,

Richard Rykowski, Motor Vehicle Emission

Lab, USEPA, Ann Arbor, MI 48105

III. Action

Pursuant to the governor’s letter and

the provisions of section 211(k)(6), the

prohibitions of subsection 211(k)(5) will

be applied to the Wisconsin moderate 2

ozone non-attainment areas of

Kewaunee, Manitowoc, and Sheboygan

counties beginning June 1, 1995. As of

that date they will be treated as covered

areas for all purposes of the federal RFG

program.

The application of the prohibitions of

Section 211(k)(5) to the Wisconsin

moderate ozone nonattainment areas at

the retail level could take effect no later

than August 2, 1995 under section

211(k)(6)(A) which stipulates that the

effective program date must be no ‘‘later
Federal Register / Vol. 60, No. 7 / Wednesday, January 11, 1995 / Rules and Regulations 2695

than January 1, 1995 or 1 year after such

application is received, whichever is

later’’. EPA considers the date of the

second letter from the Governor as the

effective date of the application, as that

letter first expresses when Wisconsin

would like the program to start and

clarifies the Governor’s original letter.

Additionally, EPA expects there to be

sufficient domestic supply of RFG and

therefore has no current reason to delay

implementation of the program in

Wisconsin beyond August 2, 1995.

For those nonattainment areas in

Wisconsin, EPA could establish the start

of the RFG program at the retail level

anytime between January 1, 1995 and

August 2, 1995. However, the Agency

believes that any effective date for the

retail level prior to June 1, 1995 is

inappropriate for the following reasons.

First, an effective date of January 1,

1995 for the RFG program in Wisconsin

would not provide sufficient notice to

relevant parties. In addition,

implementation of the RFG program in

Wisconsin later than January 1, 1995 but

earlier than June 1, 1995 would require

that winter RFG be sold at the retail

level for a brief period before summer

VOC-control requirements would

become effective. As stated in the

Governor’s letter, Wisconsin officials are

primarily concerned with the benefits

derived from VOC-controlled RFG

which is required June 1, 1995. Thus,

EPA believes that an effective date of

June 1, 1995 is suitable for Wisconsin

since it is consistent with the beginning

of the RFG summer VOC control season

and with the request in Governor

Thompson’s letter.

Requiring that the RFG program begin

at the onset of the VOC-control season,

as requested by Governor Thompson,

addresses concerns raised by wholesale/

retail distributors to Wisconsin officials

regarding the unwillingness of refiners

which normally sell gasoline in

Wisconsin to supply RFG to a

geographic area which is so small and

that is such a substantial distance from

the nearest RFG market. Wisconsin

officials believe that the June 1 effective

date will provide the gasoline

distribution industry with the necessary

lead-time to establish storage and cross

sales agreements with refiners (other

than those which already market fuel in

the area) willing to sell RFG in the three

county moderate ozone nonattainment

area. Such storage and cross sales

agreements will facilitate the sale of

reformulated gasoline, which will aid

Wisconsin in meeting its statutory 15

percent reduction requirements. In

addition, as expressed in the Governor’s

letter, the main interest in opting into

this program is based on a belief that the

state air quality would most benefit

from the summer season reformulated

gasoline.

RFG VOC-control compliance at the

terminal in Wisconsin should be

consistent with the final regulatory

requirements for the RFG program.

Thus, compliance by parties upstream

of retail outlets, in Wisconsin, will be

effective May 1, 1995. As in the federal

volatility program, such an effective

date for upstream parties such as

terminals is necessary to ensure

compliance at the retail level by

requiring that RFG be in the pipeline

(upstream) prior to June.

IV. Public Participation and Effective

Date

The Agency is publishing this action

as a direct final rule because it views the

addition of the three ozone

nonattainment areas in Wisconsin to the

RFG program as non-controversial and

anticipates no adverse or critical

comments. Representatives from the

state of Wisconsin have met with

refiners that supply the majority of the

state’s fuel, including those refiners

willing to supply RFG to the moderate

ozone nonattainment areas, and the

parties apparently agree that the on-set

of the VOC-control season is an

appropriate time to begin

implementation of the RFG program.

Thus, interested parties appear to agree

on the June 1, 1995 date.

This action will be effective on March

13, 1995 unless the Agency receives

notice by February 10, 1995 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 Clean Air Act,

as amended. If such notice or comments

are received regarding the addition of

the moderate ozone nonattainment areas

in Wisconsin to the RFG program,

today’s action will be withdrawn before

the effective date by the publication of

a subsequent withdrawal notice in the

Federal Register. In the event that

today’s direct final rule is withdrawn as

a result of the submission of adverse or

critical comments or a request to present

such comments at a public hearing, the

Agency will issue a notice of proposed

rulemaking to extend the RFG program

to the three moderate ozone

nonattainment counties in Wisconsin.

V. 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.

VI. Administrative Designation

Pursuant to Executive Order 12866,

[58 FR 51,735 (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.

Pursuant to the terms of Executive

Order 12866, it has been determined

that this direct rule is not a ‘‘significant

regulatory action’’.

VII. Regulatory Flexibility Analysis

The Regulatory Flexibility Act (RFA)

of 1980 requires federal agencies to

examine the effects of extending the

RFG program to three moderate ozone

nonattainment areas in Wisconsin and

to identify significant adverse impacts

of federal regulations on a substantial

number of small entities. Because the

RFA does not provide concrete

definitions of ‘‘small entity,’’

‘‘significant impact,’’ or ‘‘substantial

number,’’ EPA has established

guidelines setting the standards to be

used in evaluating impacts on small

businesses. For purposes of the RFG

program, a small entity is any business

which is independently owned and

operated and not dominant in its field

as defined by SBA regulations under

section 3 of the Small Business Act.

The Agency believes that the

extension of the RFG program to the

three ozone nonattainment areas in

Wisconsin is unlikely to have a

significant economic impact on a

substantial number of small entities.

Pursuant to section 605(b) of the

Regulatory Flexibility Act, 5 U.S.C.

605(b), the Administrator certifies that

this rule will not have a significant

economic impact on a substantial

number of small entities.

List of Subjects in 40 CFR Part 80

Environmental protection, Fuel

additives, Gasoline, Imports, Labeling,

Motor vehicle pollution, Penalties,

Reporting and recordkeeping

requirements.

Dated: December 29, 1994.

Carol M. Browner,

Administrator.

40 CFR part 80 is amended by making

the following revisions:

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)).

In § 80.70, paragraphs (l) and (l)(1) are

added to read as follows:
2696 Federal Register / Vol. 60, No. 7 / Wednesday, January 11, 1995 / Rules and Regulations

§ 80.70 Covered areas.

* * * * *

(l) The ozone nonattainment areas

listed in this paragraph (l) are covered

areas beginning on May 1, 1995 at the

terminal. No requirements under

subpart D shall apply to gasoline at a

retail outlet or at the facilities of a

wholesale purchaser/consumer until

June 1, 1995. The geographic extent of

each covered area listed in this

paragraph (l) shall be the nonattainment

boundaries as specified in 40 CFR part

81, subpart C:

(1) The following Wisconsin counties:

(i) Kewaunee;

(ii) Manitowoc;

(iii) Sheboygan.

(2) [Reserved]

[FR Doc. 95–420 Filed 1–10–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 80

[FRL–5134–7]

Temporary Administrative Stay of the

Reformulated Gasoline Program: Nine

Counties in New York, Twenty-Eight

Counties in Pennsylvania, and Two

Counties in Maine

AGENCY: Environmental Protection

Agency.

ACTION: Final rule.

SUMMARY: In today’s action, EPA is

temporarily staying the reformulated

gasoline program requirements in nine

opt-in counties in New York, in twentyeight opt-in counties in Pennsylvania

and in two opt-in counties in Maine.

Today’s action stays the applicability of

the RFG requirements for these areas

effective from January 1, 1995, until July

1, 1995. Although EPA believes that the

RFG program provides a highly costeffective means of reducing groundlevel ozone and toxic vehicle emissions,

the Agency believes that States should

be given the flexibility to choose which

programs best meet each State’s needs

for emissions reductions. In a separate

notice of proposed rulemaking to be

published soon, EPA will propose to

approve the requests for opt-out for

these specified counties from the States

of New York, Pennsylvania, and Maine.

EPA will be unable to take final action

on this proposed rulemaking by January

1, 1995, the date when RFG

requirements must be met at the retail

level. EPA believes a stay in the

implementation of the reformulated

gasoline requirements in these areas

effective January 1, 1995 and continuing

until July 1, 1995, will avoid significant

disruption in the marketplace while

notice and comment rulemaking

proceeds. This temporary stay is issued

without prior notice and comment,

based on good cause described herein.

EFFECTIVE DATE: This rule is effective on

December 29, 1994.

ADDRESSES: Materials relevant to this

action have been placed in Docket A–

94–68. The docket is located at the Air

Docket Section (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 4:00 p.m. A reasonable fee may

be charged for copying docket material.

FOR FURTHER INFORMATION CONTACT:

Mr. Mark Coryell, U.S. Environmental

Protection Agency, Office of Air and

Radiation, 401 M Street, SW. (6406J),

Washington, DC 20460, (202) 233–9014.

SUPPLEMENTARY INFORMATION: A copy of

this action is available on the OAQPS

Technology Transfer Network Bulletin

Board System (TTNBBS). 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

titles: STAY.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

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.

I. Background

A. General Background on

Reformulated Gasoline Program and

Opt-In Process

The reformulated gasoline program is

designed to reduce ozone levels in the

largest metropolitan areas of the U.S.

with the worst ground-level ozone

problems by reducing vehicle emissions

of the ozone precursors, specifically

volatile organic compounds (VOC),

through fuel reformulation.

Reformulated gasoline also achieves a

significant reduction in air toxics. In

Phase II of the program, nitrogen oxides

(NOX), another precursor of ozone, are

reduced. The 1990 amendments of the

Clean Air Act require reformulated

gasoline in the nine cities with the

highest levels of ozone. Congress also

provided the opportunity for states to

choose to opt into the RFG program for

their other nonattainment areas.

EPA issued final rules establishing

requirements for RFG on December 15,

1993 (59 FR 7716, February 16, 1994).

During development of the RFG rule, a

number of states inquired as to whether

they would be permitted to opt out of

the RFG program at a future date or to

opt out of certain of the requirements.

This was based on their concern that the

air quality benefits of RFG, given their

specific needs, might not warrant the

cost of the program, specifically

focusing on the more stringent

standards in Phase II of the program

(starting in 2000). Such states wished to

retain their ability to opt out of the

program. Other states indicated they

viewed RFG as an interim strategy to

help bring their nonattainment areas

into attainment sooner than would

otherwise be the case.

The regulation issued on December of

1993 did not include procedures for

opting out of the RFG program, because

EPA had not proposed and was not

ready to adopt such procedures at that

time. However, the Agency did indicate

that it intended to propose such

procedures in a separate rule.

B. Jefferson County, New York

Jefferson County was included as a

covered area in EPA’s reformulated

gasoline regulations based on Governor

Mario Cuomo’s request of October 28,

1991, that this county be included

under the Act’s opt-in provision for

ozone nonattainment areas (57 FR 7926,

March 5, 1992). See 40 CFR

80.70(j)(10)(vi). On November 29, 1994,

EPA received a petition from the

Commissioner of New York’s