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Approval and Promulgation of Air Quality Implementation Plans; New Hampshire; Withdrawal of Proposed Rulemaking To Control Gasoline Fuel Parameters and Remove the Reformulated Gasoline Program From Four Counties in New Hampshire

 [Federal Register: August 16, 2006 (Volume 71, Number 158)]
[Proposed Rules]
[Page 47161-47162]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16au06-34]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2004-NH-0001; A-1-FRL-8210-6]

Approval and Promulgation of Air Quality Implementation Plans; 
New Hampshire; Withdrawal of Proposed Rulemaking To Control Gasoline 
Fuel Parameters and Remove the Reformulated Gasoline Program From Four 
Counties in New Hampshire

AGENCY: Environmental Protection Agency (EPA).
ACTION: Withdrawal of proposed rule.

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SUMMARY: In a letter dated May 31, 2006, the New Hampshire Department 
of Environmental Services (DES) requested withdrawal of their 
previously submitted State Implementation Plan (SIP) revision for 
oxygen flexible reformulated gasoline (OFRFG). EPA had proposed to 
approve this revision on February 2, 2004 (69 FR 4903), and received 
comments from five parties which outlined concerns. For reasons 
outlined below, New Hampshire has withdrawn this SIP revision request. 
Therefore, EPA is also withdrawing its proposed approval of the SIP 
revision.

DATES: The proposed rule is withdrawn as of August 16, 2006.

FOR FURTHER INFORMATION CONTACT: Robert C. Judge, EPA New England 
(CAQ), 1 Congress Street, suite 1100, Boston MA 02203; telephone, 617-
918-1045; fax, 617-918-0045; judge.robert@epa.gov.
SUMMARY: On February 2, 2004 (69 FR 4903), EPA proposed approval of a 
State Implementation Plan (SIP) revision submitted by the New Hampshire 
Department of Environmental Services (DES) on October 31, 2002 and 
October 3, 2003, establishing fuel emissions performance requirements 
for gasoline distributed in southern New Hampshire which includes 
Hillsborough, Merrimack, Rockingham, and Strafford Counties. Final EPA 
approval of this SIP revision would ultimately result in New Hampshire 
no longer utilizing Federal reformulated gasoline (RFG) in this area 90 
days after the effective date of the rule. New Hampshire had hoped 
their program would result in gasoline with less methyl tertiary butyl 
ether (MTBE) being distributed in the State.
    On May 31, 2006, DES submitted a letter by which the State of New 
Hampshire withdrew their request to adopt their own State specific fuel 
program (OFRFG), and their request to opt-out of the Federal 
reformulated gasoline program. In this letter, New

[[Page 47162]]

Hampshire outlined several reasons for withdrawing this SIP revision 
request. They explained that since the time of their initial SIP 
submission and EPA's subsequent proposed approval in February 2004, 
several circumstances that impact New Hampshire's choice to opt-out of 
RFG and implement their own State fuel program have changed. 
Specifically, they noted that MTBE bans were implemented in 2004 in 
Connecticut and New York areas with Federal reformulated gasoline 
without supply or price disruptions. Informed by this development, the 
New Hampshire General Court passed House Bill 58 in 2005 which banned 
(effective January, 2007) the importation and distribution of gasoline 
containing MTBE in New Hampshire. (Other similar MTBE ban legislation 
was also enacted in Maine, Vermont, and Rhode Island). And finally, New 
Hampshire pointed to the enactment of Federal energy legislation (the 
Energy Policy Act of 2005) with provisions that eliminated the Clean 
Air Act (CAA) minimum 2 percent oxygen mandate for RFG (the requirement 
that had resulted in between 3 and 10 times higher MTBE levels in RFG 
than conventional gasoline), mandated increased use of renewable fuels 
(primarily ethanol) nationally, and limited EPA's ability to approve 
new ``boutique'' fuel blends.
    Given those circumstances, New Hampshire felt that their state, as 
well as many other areas of the country, would soon be receiving 
cleaner fuels with significantly reduced levels of MTBE. As such, they 
feel they achieved the state's objective of reducing MTBE in its 
gasoline without removing itself from the Federal RFG program and its 
associated toxics emission reduction benefits. Therefore, New Hampshire 
has requested that EPA no longer consider this SIP revision request, 
and has withdrawn the SIP revision request from EPA. As a result, EPA 
is also withdrawing its previous proposed approval of New Hampshire's 
SIP revision request.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Ozone, and Reporting and recordkeeping 
requirements.

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

    Dated: August 7, 2006.
Robert W. Varney,
Regional Administrator, EPA-New England.
[FR Doc. E6-13492 Filed 8-15-06; 8:45 am]
BILLING CODE 6560-50-P

 
 

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