[Federal Register Volume 64, Number 133 (Tuesday, July 13, 1999)]
[Rules and Regulations]
[Pages 37687-37689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17496]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[FRL-6375-1]
RIN 2060-AG76
Regulation of Fuels and Fuel Additives: Corrections to Standards
and Requirements for Reformulated and Conventional Gasoline
AGENCY: Environmental Protection Agency (EPA).
ACTION: Correcting amendments.
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SUMMARY: Through the 1990 amendments to the Clean Air Act (CAA),
Congress required EPA to publish rules requiring that gasoline sold in
certain areas be reformulated to reduce vehicle emissions of toxic and
ozone-forming compounds. EPA published rules for the certification and
enforcement of reformulated gasoline (RFG) and provisions for non-
reformulated or conventional gasoline on February 16, 1994.
In a final rule published on December 31, 1997, EPA took final
action on several revisions to the RFG/conventional gasoline
regulations. However, the December 31, 1997 final rule included two
clerical errors. One of these errors involved an incorrect designation
in the amendatory language published in the Federal Register, which
resulted in the inadvertent deletion of certain regulatory text when
the regulation was published in the Code of Federal Regulations (CFR)
on July 1, 1998. The other was a typographical error in a revised chart
for Phase II Complex Model Averaged Standards for RFG. The correct text
for both appears in earlier editions of the CFR. This action corrects
these errors in the current CFR. This action does not make any
substantive changes to the RFG/conventional gasoline regulations.
DATES: This action will be effective on July 27, 1999.
ADDRESSES: Materials relevant to the final rule establishing standards
for reformulated gasoline and anti-dumping standards for conventional
gasoline are contained in Public Dockets A-92-01, A-92-12, and A-97-03
and are incorporated by reference. These materials are available for
review at EPA's Air Docket Section, Waterside Mall (Room M-1500), 401 M
Street, S.W., Washington, D.C. 20460.
FOR FURTHER INFORMATION CONTACT: Marilyn Bennett, Fuels and Energy
Division, U.S. EPA, 401 M Street, S.W. (6406J), Washington, D.C. 20460.
Telephone: (202) 564-8989.
SUPPLEMENTARY INFORMATION:
Regulated Entities
Regulated categories and entities affected by this action include:
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SIC Codes
Category NAICS 1 2 Examples of regulated entities
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Industry.............................. 324110 2911 Refiners, importers, and distributors of motor
vehicle fuel; motor vehicle fuel retail outlets
and wholesale purchaser-consumer facilities.
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1 North American Industry Classification System (NAICS).
2 Standard Industrial Classification (SIC) System Code.
[[Page 37688]]
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could be potentially regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your entity is regulated by this action, you should carefully examine
the applicability criteria of part 80, subparts D, E and F, of title 40
of the Code of Federal Regulations. If you have questions regarding
applicability of this action to a particular entity, consult the person
listed in the preceding FOR FURTHER INFORMATION CONTACT SECTION
Today's correcting amendments are available electronically on the
day of publication from the Office of Federal Register Internet Web
site listed below. Today's correcting amendments are also available
from the EPA Office of Mobile Sources Web site listed below shortly
after the rule is signed by the Administrator. This service is free of
charge, except any cost that you already incur for Internet
connectivity.
EPA Web Site:
http://www.epa.gov/docs/fedrgstr/EPA-air/
(either select desired date or use Search feature)
Office of Mobile Sources (OMS) Web Site:
http://www.epa.gov/omswww/
(look in ``What's New'' or under the specific rulemaking topic)
Please note that due to differences between the software used to
develop the document and the software into which the document may be
downloaded, changes in format, page length, etc., may occur.
I. Correction of Typographical Error in Sec. 80.41(f)
On December 31, 1997, EPA published a final rule which made several
revisions to the RFG/conventional gasoline regulations, including the
deletion of the NOx per-gallon minimum standards for complex model
averaged RFG. However, the December 31, 1997 Federal Register rule,
which re-published the charts at Secs. 80.41(d) and (f) (Phase I and
Phase II Complex Model Averaged Standards) to delete the NOx per-gallon
minimum standards, included a typographical error in the entry for the
benzene per-gallon standard in the chart at Sec. 80.41(f). The entry
for the benzene per-gallon standard at Sec. 80.41(f) in the December
31, 1997 notice reads ``Per-Gallon Minimum'' whereas the proper
designation is ``Per-Gallon Maximum.'' As a result, this improper
designation was published in the July 1, 1998 CFR. The proper
designation appeared in the final RFG rule published in the Federal
Register on February 16, 1994, and in all editions of the CFR published
between the publication of the final rule in 1994 and the July 1, 1998
edition. Today's action will correct the CFR to again properly
designate the per-gallon standard for benzene at Sec. 80.41(f) as
``Per-Gallon Maximum.''
II. Correction of Inadvertent Deletion of Regulatory Text at
Sec. 80.101(f)(4)
The December 31, 1997 Federal Register rule, which finalized
several revisions to the RFG rule, included a revision to the
introductory text of paragraph of Sec. 80.101(f)(4). However, the
amendatory language in the Federal Register rule failed to designate
that the revision to paragraph (f)(4) affected only the introductory
text and that the remainder of paragraph (f)(4) was to remain
unchanged. As a result, paragraphs (f)(4)(i) and (f)(4)(ii) were
inadvertently deleted in the July 1, 1998 CFR. Today's action corrects
this error.
In a rule published on June 9, 1999, (64 FR 30904), a new paragraph
(f)(4)(iii) was added to Sec. 80.101. The June 9, 1999 rule reserved
paragraphs (f)(4)(i) and (f)(4)(ii), the original text of which is
being reinstated by this action. The June 9, 1999 rule also
inadvertently deleted the introductory text of Sec. 80.101(f)(4), which
is being reinstated by today's action. Because the June 9, 1999 rule is
effective on July 26, 1999, the effective date of today's action is
July 27, 1999, so that this action will supersede the June 9, 1999 rule
regarding the Sec. 80.101(f)(4) introductory text and the text of
paragraphs (f)(4)(i) and (f)(4)(ii).
III. Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to review by the Office of Management and Budget. In addition,
this action does not impose any enforceable duty, contain any unfunded
mandate, or impose any significant or unique impact on small
governments as described in the Unfunded Mandates Reform Act of 1995
(Public Law 104-4). This rule also does not require prior consultation
with State, local, and tribal government officials as specified by
Executive Order 12875 (58 FR 58093, October 28, 1993) or Executive
Order 13084 (63 FR 27655 (May 10, 1998), or involve special
consideration of environmental justice related issues as required by
Executive Order 12898 (59 FR 7629, February 16, 1994). Because this
action is not subject to notice-and-comment requirements under the
Administrative Procedure Act or any other statute, it is not subject to
the regulatory flexibility provisions of the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.). This rule also is not subject to Executive
Order 13045 (62 F.R. 19885, April 23, 1997) because EPA interprets E.O.
13045 as applying only to those regulatory actions that are based on
health or safety risks, such that the analysis required under section
5-501 of the Order has the potential to influence the regulation. This
rule is not subject to E.O. 13045 because it does not establish an
environmental standard intended to mitigate health or safety risks.
This rule is not subject to the requirements of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq., because it does not include any
information collection requirements. This rule is not subject to the
requirements of the National Technology Transfer and Advancement Act
(NTTAA) because it does not include provisions for technical standards.
Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A Major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective on July 27, 1999.
List of Subjects in 40 CFR Part 80
Environmental Protection, Fuel additives, Gasoline, Imports,
Labeling, Motor vehicle pollution, Penalties, Reporting and
recordkeeping requirements.
Dated: July 1, 1999.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, part 80 of title 40 of the
Code of Federal Regulations is corrected by making the following
correcting amendments:
[[Page 37689]]
PART 80--REGULATION OF FUELS AND FUEL ADDITIVES
1. The authority citation for part 80 continues to read as follows:
Authority: Secs. 114, 211, and 301(a) of the Clean Air Act, as
amended (42 U.S.C. 7414, 7545, and 7601(a)).
2. Section 80.41 is amended by amending the paragraph (f) table
``Phase II Complex Model Averaged Standards'' by revising the entry for
``Benzene (percent, by volume)'' to read as follows:
Sec. 80.41 Standards and requirements for compliance.
* * * * *
(f) * * *
Phase II Complex Model Averaged Standards
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* * * * *
Benzene (percent, by volume):
Standard................................................... i = The compliance baseline value for parameter or
emissions performance i.
Bi = The refiner's or importer's individual baseline
value for parameter or emission performance i calculated according
to the methodology in Sec. 80.91.
DBi = The anti-dumping statutory baseline value for
parameter or emissions performance i, as specified at
Sec. 80.91(c)(5)(iii) or (c)(5)(iv), respectively.
V1990 = The 1990 baseline volume as determined under
Sec. 80.91(f)(1).
Va = The total volume of reformulated gasoline,
conventional gasoline, RBOB, and California gasoline as defined in
Sec. 80.81(a)(2) produced or imported by a refiner or importer
during the averaging period.
* * * * *
[FR Doc. 99-17496 Filed 7-12-99; 8:45 am]
BILLING CODE 6560-50-P