Approval of Colorado's Petition to Relax the Federal Gasoline
Reid Vapor Pressure Volatility Standard for 2001
Related Material
[Federal Register: May 24, 2001 (Volume 66, Number 101)]
[Proposed Rules]
[Page 28813-28815]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24my01-27]
-----------------------------------------------------------------------
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 cost-effective 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.
[[Page 28814]]
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'' (59 FR 22951 (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 Sec. 80.27(a)(2), the table is amended by revising the entry
for
[[Page 28815]]
Colorado and footnote 2 to read as follows:
Sec. 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
----------------------------------------------------------------------------------------------------------------
\1\ Standards are expressed in pounds per square inch (psi).
\2\ The 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]
BILLING CODE 6560-50-P