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Federal Register / Vol. 72, No.

78 / Tuesday April 24, 2007 / Rules and Regulations 20237

TABLE 1 TO SUBPART IIII OF PART 63—OPERATING LIMITS FOR CAPTURE SYSTEMS AND ADD-ON CONTROL DEVICES
* * * * * *
For the following device And you must demonstrate continuous compliance with
You must meet the following operating limit * * *
* * * the operating limit by

* * * * * *
7. Emission capture system a. The average gas volumetric flow rate or duct static i. Collecting the gas volumetric flow rate or duct static
that is not a PTE. pressure in each duct between a capture device and pressure for each capture device according to
add-on control device inlet in any 3-hour period must § 63.3168(g); ii. Reducing the data to 3-hour block
not fall below the average volumetric flow rate or averages; and iii. Maintaining the 3-hour average gas
duct static pressure limit established for that capture volumetric flow rate or duct static pressure for each
device according to § 63.3167(f). This applies only to capture device at or above the gas volumetric flow
capture devices that are not part of a PTE that meets rate or duct static pressure limit.
the criteria of § 63.3165(a) and that are not capturing
emissions from a downdraft spray booth or from a
flashoff area or bake oven associated with a
downdraft spray booth.

Subpart PPPP—[Amended] will implement this prohibition for EPA must require the sale of
refiners and all other persons in the fuel reformulated gasoline in an ozone
■ 12. Section 63.4481 is amended by distribution system other than retailers nonattainment area classified as
revising paragraph (c) introductory text and wholesale purchaser-consumers on Marginal, Moderate, Serious, or Severe
and adding paragraph (c)(17) to read as June 1, 2007. For retailers and wholesale upon the application of the governor of
follows: purchaser-consumers, EPA’s final action the state in which the nonattainment
implements the prohibition on July 1, area is located. This final action extends
§ 63.4481 Am I subject to this subpart?
2007. As of the compliance date for the prohibition set forth in section
* * * * * retailers and wholesale purchaser- 211(k)(5) against the sale of
(c) This subpart does not apply to consumers, this area will be treated as conventional (i.e., non-reformulated)
surface coating or a coating operation a covered area for all purposes of the gasoline to the Illinois portion of the St.
that meets any of the criteria of Federal RFG program. Louis, Illinois-Missouri moderate ozone
paragraphs (c)(1) through (17) of this nonattainment area. For all persons
DATES: This final rule is effective April
section. other than retailers and wholesale
20, 2007.
* * * * * purchaser-consumers (i.e., refiners,
ADDRESSES: EPA has established a
(17) Screen printing. importers,and distributors), this rule
docket for this action under Docket ID
* * * * * No. EPA–HQ–OAR–2006–0841. All establishes the implementation date of
[FR Doc. E7–7760 Filed 4–23–07; 8:45 am] documents in the docket are listed on the prohibition in Section 211(k)(5) as
BILLING CODE 6560–50–P the http://www.regulations.gov Web June 1, 2007. For retailers and wholesale
site. Although listed in the index, some purchaser-consumers, this rule
information is not publicly available, establishes the implementation date of
ENVIRONMENTAL PROTECTION e.g., CBI or other information whose the prohibition in section 211(k)(5) on
AGENCY July 1, 2007. As of the implementation
disclosure is restricted by statute.
date for retailers and wholesale
Certain other material, such as
40 CFR Part 80 purchaser-consumers, the Illinois
copyrighted material, is not placed on
[EPA–HQ–OAR–2006–0841; FRL–8304–1] portion of the St. Louis, Illinois-
the Internet and will be publicly
Missouri ozone nonattainment area will
RIN 2060–A034 available only in hard copy form.
be a covered area for all purposes in the
Publicly available docket materials are
Regulation of Fuels and Fuel Federal RFG program.
available either electronically through The final preamble and regulatory
Additives: Extension of the http://www.regulations.gov or in hard language are also available
Reformulated Gasoline Program to copy at the Air Docket, EPA/DC, EPA electronically from the Federal Register
Illinois Portion of the St. Louis, Illinois- West, Room 3334, 1301 Constitution Web site or via the docket at the
Missouri Ozone Nonattainment Area Ave., NW., Washington, DC. The Public http://www.regulations.gov site listed
Reading Room is open from 8:30 a.m. to above.
AGENCY: Environmental Protection
4:30 p.m., Monday through Friday,
Agency (EPA). General Information
excluding legal holidays. The telephone
ACTION: Final rule.
number for the Public Reading Room is Does This Action Apply to Me?
SUMMARY: Under section 211(k)(6) of the (202) 566–1744, and the telephone
This action may affect you if you
Clean Air Act, the Administrator of EPA number for the Air Docket is (202) 566–
produce, distribute, or sell gasoline for
shall require the sale of reformulated 1742.
use in the Illinois portion of the St.
gasoline (RFG) in an ozone FOR FURTHER INFORMATION CONTACT: Kurt Louis, Illinois-Missouri ozone
nonattainment area classified as Gustafson, Transportation and Regional nonattainment area.
marginal, moderate, serious or severe Programs Division (Mail Code 6406J), The table below gives some examples
upon the application of the Governor of Environmental Protection Agency, 1200 of entities that may have to comply with
the state in which the nonattainment Pennsylvania Ave, NW., Washington, the regulations. However, since these
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area is located. This final action extends DC 20460; telephone number: 202–343– are only examples, you should carefully
the Act’s prohibition against the sale of 9219; fax number: 202–343–2800; e-mail examine these and other existing
conventional gasoline (i.e., gasoline that address: gustafson.kurt@epa.gov. regulations in 40 CFR part 80. If you
is not RFG) to the Illinois portion of the SUPPLEMENTARY INFORMATION: Under have any questions, please contact the
St. Louis, Illinois-Missouri moderate section 211(k)(6) of the Clean Air Act, person listed in the FOR FURTHER
ozone nonattainment area. The Agency as amended (Act), the Administrator of INFORMATION CONTACT section above.

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20238 Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Rules and Regulations

Regulated entities: Entities potentially gasoline. Regulated categories and


regulated by this action are those which entities include:
produce, supply or distribute motor

NAICS SIC Codes b


Category Examples of potentially regulated entities
Codes a

Industry ............................................ 324110 2911 Petroleum Refiners.


Industry ............................................ 422710 5171 Gasoline Marketers and Distributors.
422720 5172
Industry ............................................ 484220 4212 Gasoline Carriers.
484230 4213
a North American Industry Classification System (NAICS).
b Standard Industrial Classification (SIC) system code.

This table is not intended to be I. Background Governor’s application in the Federal


exhaustive, but rather provides a guide Register.
A. Opt-In Provision/Process
for readers regarding entities likely to be B. EPA Procedures and Illinois Opt-In
regulated by this action. This table lists As part of the Clean Air Act
Amendments of 1990, Congress added a Request
the types of entities that EPA is now
aware could potentially be regulated by new subsection (k) to section 211 of the EPA received an application July 10,
Act. Subsection (k) prohibits the sale of 2006 from the Honorable Rod R.
this action. Other types of entities not
conventional gasoline (i.e., gasoline that Blagojevich, Governor of the State of
listed in the table could also be
EPA has not certified as reformulated) Illinois, for the Illinois portion of the St.
regulated. To determine whether your Louis, Illinois-Missouri ozone
in certain ozone nonattainment areas
business is regulated by this action, you nonattainment area to be included in
beginning January 1, 1995. Section
should carefully examine the list of the reformulated gasoline program. The
211(k)(10)(D) defines the areas covered
areas covered by the reformulated State indicated that the RFG program
by the reformulated gasoline (RFG)
gasoline program in § 80.70 of title 40 of program as the nine ozone would provide the area with needed
the Code of Federal Regulations. If you nonattainment areas having a 1980 reductions in ozone-forming emissions
have questions regarding the population in excess of 250,000 and and air toxics. The Governor requested
applicability of this action to a having the highest ozone design values a January 1, 2007 implementation date.
particular entity, consult the person during the period 1987 through 1989.1 EPA published the Governor’s letter in
listed in the preceding FOR FURTHER In addition, under section 211(k)(10)(D), the Federal Register, as required by
INFORMATION CONTACT section. any area reclassified as a severe ozone section 211(k)(6). On December 27, 2006
The remainder of this final nonattainment area under section 181(b) (71 FR 77690) EPA proposed to extend
is also included in the RFG program. the RFG program to the Illinois portion
rulemaking is organized in the following
EPA first published final regulations for of the St. Louis, Illinois-Missouri ozone
sections:
the RFG program on February 16, 1994. nonattainment area by setting two
I. Background See 59 FR 7716. implementation dates. EPA requested
A. Opt-In Provision/Process comment on start dates and proposed an
Certain other ozone nonattainment
B. EPA Procedures and Illinois Opt-In effective date of May 1, 2007 for
areas may be included in the program at
Request refiners, importers, and distributors and
the request of the Governor of the State
II. Final Action June 1, 2007 for retailers and wholesale
in which the area is located. Section
III. Response to Comments purchaser-consumers.
211(k)(6)(A) provides that upon the
IV. Environmental Impact Today EPA is taking final action on
application of a Governor, EPA shall
V. Statutory and Executive Order Reviews that NPRM and establishing effective
A. Executive Order 12866: Regulatory
apply the prohibition against selling
dates for opt in of the Illinois portion of
Planning and Review
conventional gasoline in ‘‘any area in
the St. Louis, Illinois-Missouri ozone
B. Executive Order 12898: Federal Actions
the State classified under subpart 2 of
nonattainment area to the RFG program.
to Address Environmental Justice in Part D of Title I as a marginal, moderate,
For all persons other than retailers and
Minority Populations and Low-Income serious or severe’’ ozone nonattainment
wholesale purchaser-consumers (i.e.,
Populations area. Subparagraph 211(k)(6)(A) further
refiners, importers, and distributors),
C. Paperwork Reduction Act provides that EPA is to apply the
this rule establishes the implementation
D. Regulatory Flexibility Act prohibition as of the date the
date of the prohibition in section
E. Unfunded Mandates Reform Act Administrator ‘‘deems appropriate, not
211(k)(5) as June 1, 2007. For retailers
F. Executive Order 13132: Federalism later than January 1, 1995, or 1 year after and wholesale purchaser-consumers,
G. Executive Order 13175: Consultation such application is received, whichever this rule establishes the implementation
and Coordination With Indian Tribal is later.’’ In some cases the effective date date of the prohibition in Section
Governments may be extended for such an area as 211(k)(5) as July 1, 2007. As of the
H. Executive Order 13045: Protection of provided in section 211(k)(6)(B) based implementation date for retailers and
Children From Environmental Health & on a determination by EPA that there is wholesale purchaser-consumers, the
Safety Risks ‘‘insufficient domestic capacity to Illinois portion of the St. Louis, Illinois-
I. Executive Order 13211: Actions That produce’’ RFG. EPA is to publish a Missouri ozone nonattainment area will
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Significantly Effect Energy Supply be a covered area for all purposes in the
J. National Technology Transfer 1 Applying these criteria, EPA has determined the
Federal RFG program.
Advancement Act nine covered areas to be the metropolitan areas
including Los Angeles, Houston, New York City,
After publication of the NPRM, EPA
K. Statutory Authority received a request for a public hearing.
Baltimore, Chicago, San Diego, Philadelphia,
L. Congressional Review Act Hartford and Milwaukee. EPA published a notice in the Federal

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Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Rules and Regulations 20239

Register announcing that a public Louis, Illinois-Missouri ozone to ensure supply of RFG to the East St.
hearing would be held on February 21, nonattainment area for all persons other Louis ozone nonattainment area.
2007, in Chicago, Illinois, and extending than retailers and wholesale purchaser-
III. Response to Comments
the comment period until March 23, consumers as of June 1, 2007. This date
2007 (30 days after the hearing). The applies to the refinery level and all Several parties including the State of
transcript of the public hearing has been other points in the distribution system Illinois, the State of Missouri, BP, and
placed in the docket for this action. other than the retail level. For retailers the Illinois Petroleum Council
II. Final Action and wholesale purchaser-consumers, submitted comments supporting the
EPA is adopting regulations that apply proposed effective dates. Four parties,
The Federal RFG program includes the prohibitions of subsection 211(k)(5) an association representing the interests
seasonal requirements. Summertime to the Illinois portion of the St. Louis, of Independent gasoline marketers, and
RFG must meet certain VOC control Illinois-Missouri ozone nonattainment three retail marketing companies,
requirements to reduce emissions of area on July 1, 2007. As of the submitted adverse comments on the
VOCs, an ozone precursor. Under the implementation date for retailers and proposed rulemaking. The adverse
RFG program, there are two compliance wholesale purchaser-consumers, this comments also addressed issues that
dates for VOC-controlled RFG. At the area will be treated as a covered area for were outside the scope of the proposal
refinery level, and all other points in the all purposes of the Federal RFG (e.g., whether or not RFG should even
distribution system other than the retail program. be implemented). EPA is responding to
level, compliance with RFG VOC- The application of the prohibition of relevant portions of the adverse
control requirements is required from section 211(k)(5) to the Illinois portion comments in this section.
May 1 to September 15. At the retail of the St. Louis, Illinois-Missouri ozone First, the commenters expressed
level (service stations and wholesale nonattainment area could take effect no concern that gasoline shortages in the
purchaser-consumers), compliance is
later than July 10, 2007, under section St. Louis area could result from EPA’s
required from June 1 to September 15.
211(k)(6)(A), which stipulates that the granting of the opt-in request, due to the
See 40 CFR 80.78 (a)(1)(v). Pipeline
effective program date must be no ‘‘later need to supply additional reformulated
requirements and demands for RFG
than January 1, 1995 or 1 year after [the gasoline to the Illinois portion of the St.
from the supply industry drive
Governor’s] application is received, Louis, Illinois-Missouri nonattainment
refineries to establish their own internal
whichever is later.’’ The Governor of area (the Missouri portion already uses
compliance date earlier than May so
Illinois’s request was dated July 10, RFG). The commenters indicated that
that they can then assure that terminals
2006. difficulties already exist in obtaining
are capable of meeting the RFG VOC-
control requirements by May 1. EPA believes the implementation RFG for the Missouri portion of the St.
EPA regulations specify that the RFG dates adopted today achieve a Louis ozone nonattainment area, and
covered areas of certain states that are reasonable balance between requiring that these difficulties would get worse
in ‘‘VOC control Region 1’’, while those the earliest possible start dates to with additional demand for RFG if EPA
of other states are in ‘‘VOC control achieve air quality benefits for the finalized its proposed opt-in for the
Region 2.’’ VOC requirements for the Illinois portion of the St. Louis, Illinois- Illinois portion of the St. Louis
RFG sold in these Regions differ Missouri ozone nonattainment area and nonattainment area. Some of the
somewhat. EPA regulations also provide providing adequate lead time for commenters surmised that supply in the
that RFG in covered areas which are industry to prepare for program area benefits from two supply options:
partially in VOC control Region 1 and implementation. These dates will supplies of RFG being available on the
partially in VOC control Region 2 are provide environmental benefits by Missouri side and low RVP fuel being
included in VOC control Region 1, allowing the Illinois portion of the St. available on the Illinois side, both of
except in the case of the Philadelphia- Louis, Illinois-Missouri ozone which can be supplied to East St. Louis.
Wilmington-Trenton CMSA which shall nonattainment area to achieve VOC Section 211(k)(6)(A) provides the
be included in VOC control Region 2 reduction benefits for most of the 2007 Administrator broad discretion to
(see 40 CFR 80.71(c)). Since the St. VOC control season. As in other fuel establish an appropriate effective date
Louis, Illinois-Missouri ozone rules, EPA believes it is appropriate to for opt-in areas. The effective date shall
nonattainment area is partially in VOC apply new requirements to refiners and be no later than one year after the
control Region 2 and partially in VOC distributors thirty days prior to the date governor’s request to opt in is received,
control Region 1, the Illinois portion of that they are applicable to retailers and which in this case would be July 10,
the St. Louis, Illinois-Missouri wholesale purchasers-consumers. This 2007, unless EPA determines that there
nonattainment area opting into the allows the retailers and wholesale is insufficient domestic capacity.
program under this action shall be purchasers-consumers time to empty Factors EPA generally considers in
included in VOC control Region 1. This their tanks of the older product they setting effective dates include, but are
means that RFG in the Illinois portion may have purchased immediately before not limited to, supply logistics, the
of the St. Louis, Illinois-Missouri ozone the implementation date for refiners and number of current and potential
nonattainment area must comply with distributors. suppliers for that market, whether such
the emission standards for VOC control EPA has concluded, based on its suppliers have experience producing
for Region 1 which are slightly more analysis of available information, that RFG or the capability to produce RFG,
stringent than those for Region 2 (see 40 the refining and distribution industry’s intent of suppliers to withdraw from the
CFR 80.41). capacity to supply Federal RFG to the market, availability of adequate gasoline
Based on our evaluation of the Illinois portion of the St. Louis, Illinois- volumes, and the amount of lead time
appropriate lead time and start date(s) Missouri ozone nonattainment area this needed by suppliers and the
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and pursuant to the Governor’s letter summer exceeds the estimated demand. distribution industry to set up storage
and the provisions of section 211(k)(6), EPA has also concluded that the and sales agreements to ensure supply.
EPA is today adopting regulations that implementation dates adopted today By evaluating these factors, EPA can
apply the prohibitions of subsection provide adequate lead time to industry make a determination as to whether
211(k)(5) to the Illinois portion of the St. to set up storage and sales agreements industry’s capacity to supply RFG for an

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20240 Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Rules and Regulations

opt-in area meets or exceeds the As discussed above, EPA has production cost of RFG was estimated to
demand. determined that there will not be any be 4 to 8 cents more per gallon than
Under section 211(k)(6)(B) the RFG supply issues for the opt in area conventional gasoline. Since
Administrator may determine, after covered by today’s rule. In addition, conventional gas regulations have
consultation with the Secretary of postponing the effective date would evolved since that time to be more like
Energy, that there is ‘‘insufficient likely not affect, in the long-term, any RFG and since the State has a low RVP
domestic capacity’’ to produce RFG. price differential that may exist, and requirement that also more closely
Despite the comments received by would result in the loss of important resembles RFG, EPA expects the costs of
marketers and retailers, described and needed emissions reductions for the RFG in the Illinois portion of the St.
above, EPA is not making such a summer of 2007. Louis, Illinois-Missouri ozone
determination in this case. EPA has nonattainment area to be at the low end
consulted with the Department of IV. Environmental Impact or lower than this range. Nonetheless,
Energy (DOE) and with refiners The Federal RFG program typically using the 4 to 8 cent per gallon estimate,
supplying gasoline to the area of results in reductions in ozone-forming the cost of the program to the area
concern, and has concluded that there is emissions and air toxics. Reductions in would be significantly lower than the
adequate domestic capability to produce ozone precursors are environmentally trigger for a significant regulatory
RFG to meet the current demand significant because they lead to action.
nationwide as well as the addition of reductions in ozone formation, with the
the Illinois portion of the St. Louis, B. Executive Order 12898: Federal
associated improvements in human Actions To Address Environmental
Illinois-Missouri nonattainment area in health and welfare. Exposure to ground-
the summer of 2007. Justice in Minority Populations and
level ozone (or smog) can cause Low-Income Populations
EPA notes that no comments were respiratory problems, chest pain, and
received from refiners or bulk terminal coughing and may worsen bronchitis, Executive Order (EO) 12898 (59 FR
operators concerned about storage emphysema, and asthma. Animal 7629 (Feb. 16, 1994)) establishes Federal
capacity or supply. We note in the studies suggest that long-term exposure executive policy on environmental
docket that EPA has spoken with the (months to years) to ozone can damage justice. Its main provision directs
major suppliers to the area and none lung tissue and may lead to chronic Federal agencies, to the greatest extent
have expressed supply concerns. To the respiratory illness. Reductions in practicable and permitted by law, to
contrary, the Illinois Petroleum Council emissions of toxic air pollutants are make environmental justice part of their
submitted written comment in support environmentally important because they mission by identifying and addressing,
of the proposal. The elimination of the carry significant benefits for human as appropriate, disproportionately high
need to supply an additional grade of health and welfare primarily by and adverse human health or
fuel (i.e. 7.2 RVP fuel now required in reducing the number of cancer cases environmental effects of their programs,
East St. Louis) will not adversely impact each year. policies, and activities on minority
supply as it is our understanding from Illinois EPA analyzed the emissions populations and low-income
consultation with these refiners that the benefits which could be achieved by populations in the United States.
capacity which is currently used to switching from 7.2 RVP fuel to RFG. EPA has determined that this final
produce the 7.2 psi blend will be Using the U.S. EPA’s MOBILE6a model, rule will not have disproportionately
converted to produce additional RFG Illinois projected that year 2010 motor high and adverse human health or
supplies for the Region. vehicle VOC emissions could be environmental effects on minority or
The commenters also expressed reduced by 5.4 percent and carbon low-income populations because it
concern that the price differential monoxide by 2.2 percent. The use of increases the level of environmental
between reformulated gasoline sold in protection for all affected populations
RFG in the Illinois portion of the St.
the Illinois side of the St. Louis covered without having any disproportionately
Louis, Illinois-Missouri nonattainment
area and that sold on the Missouri side high and adverse human health or
area would also decrease benzene
would impact marketers. They also environmental effects on any
emissions by 75 tons per year, which
point to a vehicle owner’s ability to population, including any minority or
equates to a 44 percent reduction from
refuel in either conventional gas areas or low-income population.
motor vehicles. On a total toxic
the Missouri RFG area where they may
emissions basis, the use of RFG would C. Paperwork Reduction Act
expect a lower price. EPA notes that, in
reduce emissions of the five primary This action does not impose any new
this action, it is simply setting an
motor vehicle related air toxics by 63 information collection burden. Refiners
effective date for the Illinois portion of
the St. Louis, Illinois-Missouri ozone tons per year in 2010, a total percentage are currently subject to the information
nonattainment area, and does not have reduction of 23.5 percent. collection requirements for Federal
the discretion under Section 211(k)(6) to V. Statutory and Executive Order reformulated gasoline and conventional
deny the governor’s request to opt in. Reviews gasoline. Today’s rule adds an
Therefore, even if a price differential additional ozone nonattainment area as
would result in some drivers choosing A. Executive Order 12866: Regulatory a Federal RFG covered area; the rule
to refuel in the Missouri portion of the Planning and Review does not change the information
nonattainment area, or a non-covered This action is not a ‘‘significant collection requirements already
area, versus the Illinois side, that result regulatory action’’ under the terms of associated with Federal RFG. However,
would not provide a basis for EPA’s Executive Order (EO)12866 (58 FR the Office of Management and Budget
denial of the governor’s request. 51735, October 4, 1993) and is therefore (OMB) has previously approved the
Moreover, EPA is setting the effective not subject to review under the EO. EPA information collection requirements
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date for the opt in close to one year from notes that the economic impacts of the contained in the existing regulations
receipt of the governor’s request. RFG program were assessed in EPA’s (see 59 FR 7716, February 16, 1994),
Additional significant delay is not Regulatory Impact Analysis for the 1994 under the provisions of the Paperwork
permitted under the Clean Air Act RFG rules. See 59 FR 7810–7811 Reduction Act, 44 U.S.C. 3501 et seq.
absent a finding of inadequate supply. (February 16, 1994). In that analysis the and has assigned OMB control number

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Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Rules and Regulations 20241

number 2060–0277 (EPA ICR No. analyzed the impact of the regulations Federal agencies to assess the effects of
1951.21). A copy of the OMB approved on small businesses. The Agency their regulatory actions on State, local,
Information Collection Request (ICR) concluded that the regulations may and tribal governments and the private
may be obtained from Susan Auby, possibly have some economic effect on sector. Under section 202 of the UMRA,
Collection Strategies Division; U.S. a substantial number of small refiners, EPA generally must prepare a written
Environmental Protection Agency but that the regulations may not statement, including a cost-benefit
(2822T); 1200 Pennsylvania Ave., NW., significantly affect other small entities, analysis, for proposed and final rules
Washington, DC 20460 or by calling such as gasoline blenders, terminal with ‘‘Federal mandates’’ that may
(202) 566–1672. operators, service stations and ethanol result in expenditures to State, local,
Burden means the total time, effort, or blenders. See 59 FR 7810–7811 and tribal governments, in the aggregate,
financial resources expended by persons (February 16, 1994). As stated in the or to the private sector, of $100 million
to generate, maintain, retain, or disclose preamble to the final RFG/anti-dumping or more in any one year. Before
or provide information to or for a rule, exempting small refiners from the promulgating an EPA rule for which a
Federal agency. This includes the time RFG regulations would result in the written statement is needed, section 205
needed to review instructions; develop, failure of meeting CAA standards. 59 FR of the UMRA generally requires EPA to
acquire, install, and utilize technology 7810. However, since most small identify and consider a reasonable
and systems for the purposes of refiners are located in the mountain number of regulatory alternatives and
collecting, validating, and verifying states or in California, which has its adopt the least costly, most cost-
information, processing and own RFG program, the vast majority of effective or least burdensome alternative
maintaining information, and disclosing small refiners are unaffected by the that achieves the objectives of the rule.
and providing information; adjust the Federal RFG requirements (although all The provisions of section 205 do not
existing ways to comply with any refiners of conventional gasoline are apply when they are inconsistent with
previously applicable instructions and subject to the anti-dumping applicable law. Moreover, section 205
requirements; train personnel to be able requirements). Moreover, all businesses, allows EPA to adopt an alternative other
to respond to a collection of large and small, maintain the option to than the least costly, most cost-effective
information; search data sources; produce conventional gasoline to be or least burdensome alternative if the
complete and review the collection of sold in areas not obligated by the Act to Administrator publishes with the final
information; and transmit or otherwise receive RFG or those areas which have rule an explanation why that alternative
disclose the information. not chosen to opt into the RFG program. was not adopted. Before EPA establishes
An agency may not conduct or A complete analysis of the effect of the any regulatory requirements that may
sponsor, and a person is not required to RFG/anti-dumping regulations on small significantly or uniquely affect small
respond to a collection of information businesses is contained in the governments, including tribal
unless it displays a currently valid OMB Regulatory Flexibility Analysis which governments, it must have developed
control number. The OMB control was prepared for the RFG and anti- under section 203 of the UMRA a small
numbers for EPA’s regulations in 40 dumping rulemaking, and can be found government agency plan. The plan must
CFR are listed in 40 CFR part 9. in the docket for that rulemaking. The provide for notifying potentially
D. Regulatory Flexibility Act docket number is: EPA Air Docket A– affected small governments, enabling
92–12. officials of affected small governments
The Regulatory Flexibility Act (RFA) Today’s action will affect only those to have meaningful and timely input in
generally requires an agency to prepare refiners, importers or blenders of the development of EPA regulatory
a regulatory flexibility analysis of any gasoline that choose to produce or proposals with significant Federal
rule subject to notice and comment import RFG for sale in the Illinois intergovernmental mandates, and
rulemaking requirements under the portion of the St. Louis, Illinois- informing, educating, and advising
Administrative Procedure Act or any Missouri ozone nonattainment area, and small governments on compliance with
other statute unless the agency certifies gasoline distributors and retail stations the regulatory requirements.
that the rule will not have a significant in those areas. As discussed above, EPA EPA has determined that this rule
economic impact on a substantial determined that, because of their does not contain a Federal mandate that
number of small entities. Small entities location, the vast majority of small may result in expenditures of $100
include small businesses, small refiners would be unaffected by the RFG million or more for State, local, and
organizations, and small governmental requirements. For the same reason, most tribal governments, in the aggregate, or
jurisdictions. small refiners will be unaffected by the private sector in any one year. Thus,
For purposes of assessing the impacts today’s action. Other small entities, today’s rule is not subject to the
of today’s rule on small entities, small such as gasoline distributors and retail requirements of sections 202 and 205 of
entity is defined as: (1) A small business stations located in the area that will the UMRA. Although EPA does not
that has not more than 1,500 employees become a covered area as a result of believe that UMRA imposes
(as defined by the Small Business today’s action, will be subject to the requirements for this rulemaking, EPA
Administration’s (SBA) regulations at 13 same requirements as those small notes that the environmental and
CFR 121.201); (2) a small governmental entities which are located in current economic impacts of the RFG program
jurisdiction that is a government of a RFG covered areas. The Agency did not were assessed in EPA’s Regulatory
city, county, town, school district or find the RFG regulations to significantly Impact Analysis for the 1994 RFG rules.
special district with a population of less affect these entities. Based on this, EPA EPA has also determined that this rule
than 50,000; and (3) a small certifies that this final rule will not have contains no regulatory requirements that
organization that is any not-for-profit a significant adverse impact on a might significantly or uniquely affect
enterprise which is independently substantial number of small entities. small governments. The rule would only
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owned and operated and is not impose requirements on certain refiners


dominant in its field. E. Unfunded Mandates Reform Act and other entities in the gasoline
In promulgating the RFG and the Title II of the Unfunded Mandates distribution system, and not small
related anti-dumping regulations for Reform Act of 1995 (UMRA), Public governments. The requirements of the
conventional gasoline, the Agency Law 104–4, establishes requirements for rule will be enforced by the Federal

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20242 Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Rules and Regulations

government at the national level. Thus, (1) Is determined to be ‘‘economically Business Regulatory Enforcement
a small government agency plan did not significant’’ as defined under EO 12866, Fairness Act of 1996, generally provides
need to be developed under section 203 and (2) concerns an environmental that before a rule may take effect, the
of the Unfunded Mandates Reform Act. health or safety risk that EPA has reason agency promulgating the rule must
to believe may have a disproportionate submit a rule report, which includes a
F. Executive Order 13132: Federalism
effect on children. If the regulatory copy of the rule, to each House of the
Executive Order 13132, entitled action meets both criteria, the Agency Congress and to the Comptroller General
‘‘Federalism’’ (64 FR 43255, August 10, must evaluate the environmental health of the United States. EPA will submit a
1999), requires EPA to develop an or safety effects of the planned rule on
accountable process to ensure report containing this rule and other
children, and explain why the planned required information to the U.S. Senate,
‘‘meaningful and timely input by State regulation is preferable to other
and local officials in the development of the U.S. House of Representatives, and
potentially effective and reasonably the Comptroller General of the United
regulatory policies that have federalism feasible alternatives considered by the
implications.’’ ‘‘Policies that have States prior to publication of the rule in
Agency.
federalism implications’’ is defined in This final rule is not subject to the EO the Federal Register. A major rule
the Executive Order to include because it is not economically cannot take effect until 60 days after it
regulations that have ‘‘substantial direct significant as defined in EO 12866, and is published in the Federal Register.
effects on the States, on the relationship because the Agency does not have This action is not a ‘‘major rule’’ as
between the national government and reason to believe the environmental defined by 5 U.S.C. 804(2). This rule
the States, or on the distribution of health or safety risks addressed by this will be effective April 20, 2007.
power and responsibilities among the action present a disproportionate risk to
various levels of government.’’ List of Subjects in 40 CFR Part 80
children.
This rule does not have federalism Environmental protection, Air
implications. It will not have substantial I. Executive Order 13211: Actions That
Significantly Effect Energy Supply pollution control, Fuel additives,
direct effects on the States, on the
Gasoline, Motor vehicle pollution.
relationship between the national This rule is not subject to Executive
government and the States, or on the Order 13211, ‘‘Actions Concerning Dated: April 18, 2007.
distribution of power and Regulations That Significantly Affect Stephen L. Johnson,
responsibilities among the various Energy Supply, Distribution, or Use’’ (66 Administrator.
levels of government, as specified in FR 28355 (May 22, 2001)) because it is
Executive Order 13132. The rule would not a significant regulatory action under ■ 40 CFR part 80 is amended as follows:
only impose requirements on certain Executive Order 12866.
refiners and other entities in the PART 80—[AMENDED]
gasoline distribution system, and not on J. National Technology Transfer
States. The requirements of the rule will Advancement Act ■ 1. The authority citation for part 80
be enforced by the Federal government Section 12(d) of the National continues to read as follows:
at the national level. Thus, Executive Technology Transfer and Advancement Authority: 42 U.S.C. 7414, 7545, 7542, and
Order 13132 does not apply to this rule. Act of 1995 (‘‘NTAA’’), Public Law 104– 7601(a).
113, 12(d) (15 U.S.C. 272 note), directs
G. Executive Order 13175: Consultation
EPA to use voluntary consensus ■ 2. Section 80.70 is amended by adding
and Coordination With Indian Tribal
standards in our regulatory activities paragraph (k)(2) to read as follows:
Governments
unless it would be inconsistent with
Executive Order 13175, entitled applicable law or otherwise impractical. § 80.70 Covered areas.
‘‘Consultation and Coordination with Voluntary consensus standards are * * * * *
Indian Tribal Governments’’ (65 FR technical standards (e.g., materials (k) * * *
67249, November 9, 2000), requires EPA specifications, test methods, sampling
to develop an accountable process to procedures, and business practices) (2) The Illinois portion of the St.
ensure ‘‘meaningful and timely input by developed or adopted by voluntary Louis, Illinois-Missouri ozone
tribal officials in the development of consensus standards bodies. The nonattainment area is a covered area
regulatory policies that have tribal NTTAA directs EPA to provide beginning on July 1, 2007. The
implications.’’ This direct final rule Congress, through OMB, explanations prohibitions of section 211(k)(5) of the
does not have tribal implications, as when the Agency decides not to use Clean Air Act apply to all persons other
specified in Executive Order 13175. available and applicable voluntary than retailers and wholesale purchaser-
Today’s direct final rule will affect only consensus standards. This final consumers in the Illinois portion of the
those refiners, importers or blenders of rulemaking does not involve technical St. Louis, Illinois-Missouri ozone
gasoline that choose to produce or standards. Therefore, EPA is not nonattainment area beginning on June 1,
import RFG for sale in the East St. Louis considering the use of any voluntary 2007. The prohibitions of section
ozone nonattainment area, and gasoline consensus standards. 211(k)(5) of the Clean Air Act apply to
distributors and retail stations in those retailers and wholesale purchaser-
areas. Thus, Executive Order 13175 does K. Statutory Authority
consumers in the Illinois portion of the
not apply to this rule. The Statutory authority for the action St. Louis, Illinois-Missouri ozone
finalized today is granted to EPA by nonattainment area beginning July 1,
H. Executive Order 13045: Protection of
sections 211(c) and (k) and 301 of the
Children From Environmental Health & 2007.
Clean Air Act, as amended; 42 U.S.C.
Safety Risks
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7545(c) and (k) and 7601. * * * * *


Executive Order 13045 ‘‘Protection of [FR Doc. E7–7777 Filed 4–23–07; 8:45 am]
Children from Environmental Health L. Congressional Review Act
BILLING CODE 6560–50–P
Risks and Safety Risks’’ (62 FR 19885, The Congressional Review Act, 5
April 23, 1997) applies to any rule that: U.S.C. 801 et seq., as added by the Small

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