Approval of Colorado's Petition to Relax the Federal Gasoline
Reid Vapor Pressure Volatility Standard for 1998, 1999, and 2000
[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]
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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.
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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will be withdrawn and all relevant comments received will be addressed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-98 has 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:
A. 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.
B. 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.
C. 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.
D. 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:
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\1\ 58 FR 51735 (October 4, 1993).
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(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.
E. 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.
F. 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.
G. 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.
H. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in 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).)
I. 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.''
[[Page 31684]]
J. 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)).
K. 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. 98-15450 Filed 6-9-98; 8:45 am]
BILLING CODE 6560-50-P