Air programs: Fuels and fuel additives— Colorado; gasoline Reid Vapor Pressure volatility standard for 1998, 1999, and 2000; approval of petition to relax,

[Federal Register: June 10, 1998 (Volume 63, Number 111)]

[Proposed Rules]

[Page 31682-31684]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr10jn98-41]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[FRL-6106-5]

Approval of Colorado's Petition to Relax the Federal Gasoline Reid Vapor Pressure Volatility Standard for 1998, 1999, and 2000

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rulemaking.

SUMMARY: The Environmental Protection Agency (EPA or the Agency) proposes to approve the State of Colorado's January 21, 1998, petition to relax the Reid Vapor Pressure (RVP) standard that applies to gasoline introduced into commerce in the Denver-Boulder area from June 1 to September 15. 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 years 1998, 1999, and 2000, as an amendment to EPA's gasoline volatility regulations. In the final rules section of this Federal Register, the EPA is promulgating this amendment as a direct final rule without prior proposal because EPA views this as a noncontroversial action and anticipates no adverse comments. A detailed rationale for this action is set forth in the direct final rule. If no relevant adverse comments are received in response to that direct final rule, no further activity is contemplated in relation to this proposed rule. If EPA receives relevant adverse comments, the direct final rule will be withdrawn and all relevant comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this rulemaking.

DATES: Comments on this proposed rule must be received in writing by July 10, 1998.

ADDRESSES: Materials relevant to this rulemaking have been placed in Docket A-98-04 by EPA. The docket is located at the Docket Office of the U.S. Environmental Protection Agency, 401 M Street, SW, Washington, DC, 20460, Room M-1500 in Waterside Mall and may be inspected from 8:30 a.m. to 5:30 p.m., Monday through Friday. A duplicate public docket CO- RVP-98has been established at U. S. Environmental Protection Agency 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 make

[[Page 31683]]

an appointment with the appropriate contact at least 24 hours before the visiting day. Contact Scott P. Lee at (303) 312-6736. As provided in 40 CFR part 2, a reasonable fee may be charged for copying docket material. Comments should be submitted (in duplicate if possible) to the dockets listed above, with a copy forwarded to Marilyn Winstead McCall, U. S. Environmental Protection Agency, Fuels and Energy Division, 401 M Street, SW. (Mail Code: 6406J), Washington, D. C. 20460.

FOR FURTHER INFORMATION CONTACT: Marilyn Winstead McCall at (202) 564- 9029.

SUPPLEMENTARY INFORMATION:

1. Public Participation and Effective Date

   The direct final rule will become effective on July 27, 1998 without further notification unless the Agency receives relevant adverse comments on this proposed rulemaking within 30 days of this document. Should the Agency receive such comments, it will publish a document informing the public that the rule did not take effect. All relevant public comments received within the 30-day comment period will then be addressed in a subsequent final rule based on this proposal. No second comment period on this rule will be instituted.

2. Environmental Impact

   This proposed amendment is not expected to have any adverse environmental effects. The Denver-Boulder six-county area has met the 1-hour NAAQS for ozone since 1987. Current air quality is expected to be further maintained by a 9.0 psi RVP gasoline standard.

3. Economic Impact

   The proposed continued relaxation of the 7.8 psi RVP gasoline standard to 9.0 psi will avoid a cost increase in gasoline supply levels in the Denver-Boulder area. No new economic burdens will be placed on the local refining industry to implement a change in the RVP standard.

4. Executive Order 12866

   Under Executive Order 12866,\1\ the Agency must determine whether a 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\ 58 FR 51735 (October 4, 1993).

   (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 proposed rule is not a ``significant regulatory action'' under the terms of Executive Order 12866 and is therefore not subject to OMB review. Specifically, this proposed rule will not have an annual effect on the economy in excess of $100 million, have a significant adverse impact on competition, investment, employment or innovation, or result in a major price increase. In fact, as discussed elsewhere, this proposed action will reduce the cost of compliance with Federal requirements in this area.

5. Paperwork Reduction Act

   Under the Paperwork Reduction Act of 1980, 44 U.S.C. 3501, EPA must obtain OMB clearance for any activity that will involve collecting substantially the same information from ten or more non-Federal respondents. This proposed rule does not create any new information requirements or contain any new information collection activities.

6. Regulatory Flexibility

   The Regulatory Flexibility Act generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small businesses, small not-for-profit enterprises, and small governmental jurisdictions. This proposed rule would not have a significant impact on a substantial number of small entities because the overall impact of this proposed rule is a net decrease in requirements on all entities including small entities. Therefore, I certify that this action will not have a significant economic impact on a substantial number of small entities.

7. Unfunded Mandates

   Section 202 of the Unfunded Mandates Reform Act of 1995 requires that the Agency prepare a budgetary impact statement before promulgating a rule that includes a Federal mandate that may result in expenditure by State, local, and tribal governments, in aggregate, or by the private sector, of $100 million or more in any one year. Section 203 requires the Agency to establish a plan for obtaining input from and informing, educating, and advising any small governments that may be significantly or uniquely affected by the rule.

   Under section 205 of the Unfunded Mandates Act, the Agency must identify and consider a reasonable number of regulatory alternatives before promulgating a rule for which a budgetary impact statement must be prepared. The Agency must select from those alternatives the least costly, most cost-effective, or least burdensome alternative that achieves the objectives of the rule, unless the Agency explains why this alternative is not selected or the selection of this alternative is inconsistent with the law.

   The Agency has determined that this proposed rule does not include 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. This proposed rule reduces costs to such entities by relaxing a regulatory requirement. 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.

8. Petitions for Judicial Review

   Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filedin the United States Court of Appeals for the appropriate circuit by August 10, 1998. Filing a petition for reconsideration by the Administrator of the final rule does not affect the finality of the rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review must be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

   1. Electronic Copies of Rulemaking

   A copy of this proposed action is available on the Internet at www.epa.gov/OMSWWW under the title: ``Relaxation of Federal Gasoline RVP Standard in Denver-Boulder Metropolitan Area.''

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10. Statutory Authority

    The statutory authority for the action proposed in this notice today is granted to EPA by sections 211 and 301(a) of the Clean Air Act as amended (42 U.S.C. 7545 and 7601(a)).

11. Children's Health Protection

    This proposed rule is not subject to E.O. 13045, entitled ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because it does not involve decisions on environmental health risks or safety risks that may disproportionately affect children.

    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 28, 1998. Carol M. Browner, Administrator.

    [FR Doc. 98-15450Filed6-9-98; 8:45 am]

    BILLING CODE 6560-50-P