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Regulation of Fuels and Fuel Additives: Extension of the Reformulated Gasoline Program to Maine's Southern Counties


American Government

Regulation of Fuels and Fuel Additives: Extension of the Reformulated Gasoline Program to Maine's Southern Counties

Gina McCarthy
Environmental Protection Agency
August 28, 2014


[Federal Register Volume 79, Number 167 (Thursday, August 28, 2014)]
[Proposed Rules]
[Pages 51288-51292]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20177]



[[Page 51288]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2014-0283; FRL 9915-08-OAR]
RIN 2060-AS19


Regulation of Fuels and Fuel Additives: Extension of the 
Reformulated Gasoline Program to Maine's Southern Counties

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
extend the Clean Air Act's (CAA) prohibition against the sale of 
conventional gasoline in reformulated gasoline (RFG) areas to the 
southern Maine counties of York, Cumberland, Sagadahoc, Androscoggin, 
Kennebec, Knox, and Lincoln. This proposal is based on a request from 
the Governor of the State of Maine for areas within the ozone transport 
region established under the CAA. The CAA does not give the EPA 
discretion to deny a Governor's request on this matter. The scope of 
the EPA's discretion is limited to establishing the date that the 
prohibition commences. Consistent with the Governor's request, the EPA 
proposes that this prohibition commence on May 1, 2015 for all 
refiners, importers, and distributors in the Maine counties referenced 
in the Governor's request, and on June 1, 2015 for all retailers and 
wholesale purchaser-consumers in those counties. The EPA is also adding 
in its RFG opt-out rules a provision to reflect that there is a four-
year minimum opt-in period for areas that opt into the RFG program on 
the basis of their location within the ozone transport region. This 
clarification will align the federal regulation for RFG opt-out 
requirements with the CAA.

DATES: Comments must be received on or before September 29, 2014 unless 
a public hearing is requested by September 12, 2014. If the EPA 
receives such a request, we will publish information related to the 
timing and location of the hearing and a new deadline for public 
comment.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2014-0283, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: a-and-r-Docket@epa.gov.
     Mail: Air Docket, Environmental Protection Agency, 
Mailcode: 6102T, 1200 Pennsylvania Ave. NW., Washington, DC 20460, 
Attention Docket ID No. EPA-HQ-OAR-2014-0283. Please include a total of 
two copies.
     Hand Delivery: Air and Radiation Docket, EPA Docket 
Center, WJC West Building, Room 3334, 1301 Constitution Avenue NW., 
Washington, DC 20004. Attention Docket ID No. EPA-HQ-OAR-2014-0283. 
Please include two copies. Such deliveries are accepted only during the 
Docket's normal hours of operation, and special arrangements should be 
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2014-0283. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through www.regulations.gov 
or email. The www.regulations.gov Web site is an ``anonymous access'' 
system, which means that EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an email comment directly to the EPA without going through 
www.regulations.gov your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, the EPA recommends that you include your name and other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. If the EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, the EPA may not 
be able to consider your comment. Electronic files should avoid the use 
of special characters, any form of encryption, and be free of any 
defects or viruses. For additional information about the EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Air Docket, EPA/DC, EPA 
West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the Air 
Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Patty Klavon, Office of Transportation 
and Air Quality, Environmental Protection Agency, 2000 Traverwood 
Drive, Ann Arbor, Michigan 48105; telephone number: (734) 214-4476; fax 
number: (734) 214-4052; email address: klavon.patty@epa.gov.

SUPPLEMENTARY INFORMATION: The contents of this preamble are listed in 
the following outline:

I. General Information
II. Public Participation
III. Background and Proposal
IV. Environmental Impact
V. Statutory and Executive Order Reviews

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this rule are fuel producers and 
distributors who do business in Maine.

------------------------------------------------------------------------
                                                             NAICS \1\
       Examples of potentially regulated entities              codes
------------------------------------------------------------------------
Petroleum refineries....................................          324110
Gasoline Marketers and Distributors.....................          424710
                                                                  424720
Gasoline Retail Stations................................          447110
Gasoline Transporters...................................          484220
                                                                  484230
------------------------------------------------------------------------
\1\ North American Industry Classification System.


[[Page 51289]]

    The above table is not intended to be exhaustive, but rather 
provides a guide for readers regarding entities likely to be regulated 
by this action. The table lists the types of entities of which the EPA 
is aware that potentially could be affected by this rule. Other types 
of entities not listed on the table could also be affected by this 
rule. To determine whether your organization could be affected by this 
rule, you should carefully examine the regulations in 40 CFR 80.70. If 
you have questions regarding the applicability of this action to a 
particular entity, call the person listed in the FOR FURTHER 
INFORMATION CONTACT section of this preamble.

B. What should I consider as I prepare my comments?

1. Submitting CBI
    Do not submit CBI to the EPA through www.regulations.gov or email. 
Clearly mark the part or all of the information that you claim to be 
CBI. For CBI information in a disk or CD-ROM that you mail to the EPA, 
mark the outside of the disk or CD-ROM as CBI and then identify 
electronically within the disk or CD-ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
2. Tips for Preparing Your Comments
    When submitting comments, remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree, suggest alternatives, 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.
3. Docket Copying Costs
    You may be required to pay a reasonable fee for copying docket 
materials.

II. Public Participation

A. Public Comments

    Clean Air Act (CAA) section 211(k)(6)(B) states that, ``[o]n 
application of the Governor of a State in the ozone transport region 
established by [section 184(a) of the CAA], the Administrator . . . 
shall apply the prohibition'' against the sale of conventional gasoline 
to any area of the State other than an area classified as a marginal, 
moderate, serious, or severe ozone nonattainment area. CAA section 
211(k)(6)(B) provides the EPA limited discretion to establish the date 
that this prohibition commences based on consideration of whether there 
is sufficient capacity to supply RFG to the area. However, the CAA does 
not give the EPA discretion to deny a Governor's request for an RFG 
opt-in for a qualifying area.
    The EPA is acting on a request made by the Governor of the State of 
Maine to extend the CAA prohibition against the sale of conventional 
gasoline in RFG areas to the southern Maine counties of York, 
Cumberland, Sagadahoc, Androscoggin, Kennebec, Knox, and Lincoln (the 
``Southern Maine Counties'') which are part of the ozone transport 
region established by CAA Section 184(a). The State of Maine requested 
that the prohibition commence on June 1, 2015. Therefore, the scope of 
today's action is limited to proposing the date on which the 
prohibition commences for the Southern Maine Counties' opt-in to the 
federal RFG program, and not whether those counties should opt in to 
the federal RFG program. Thus, the EPA is not soliciting comments that 
support or oppose participation by the Southern Maine Counties in the 
federal RFG program. The EPA is, however, requesting comment regarding 
whether there will be a sufficient capacity to supply RFG to these 
seven counties beginning May 1, 2015 for refiners, importers, and 
distributors, and on June 1, 2015 for retailers and purchaser-
consumers.
    Additionally, the EPA is adding in its opt-out regulations at 40 
CFR 80.72 a provision to reflect that there is a four-year minimum opt-
in period for areas that opt into the RFG program on the basis of their 
location within the ozone transport region. This clarification will 
align the federal regulation for RFG opt-out requirements with CAA 
section 211(k)(6)(B)(ii)(II).

B. Public Hearing

    The EPA will not hold a public hearing on this matter unless a 
request is received by the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble by September 12, 2014. If 
the EPA receives such a request, we will publish information related to 
the timing and location of the hearing and a new deadline for public 
comment.

III. Background and Proposal

A. Background on the Federal Reformulated Gasoline Program

    The purpose of the federal RFG program is to improve air quality in 
certain areas through the use of gasoline that is reformulated to 
reduce motor vehicle emissions of tropospheric ozone-forming compounds, 
as set forth in CAA section 211(k)(1). The EPA first published 
regulations for the federal RFG program on February 16, 1994. (59 FR 
7716). RFG makes up over 30 percent of the volume of motor vehicle 
gasoline consumed in the United States \2\ and is used in 17 states and 
the District of Columbia.\3\
---------------------------------------------------------------------------

    \2\ See the U.S. Energy Information Administration statistics on 
consumption and sales of petroleum and other liquids at: http://www.eia.gov/petroleum/reports.cfm?t=164.
    \3\ For a map showing current RFG areas, please visit the EPA's 
Web site at: http://www.epa.gov/otaq/fuels/gasolinefuels/rfg/areas.htm.
---------------------------------------------------------------------------

    CAA section 211(k)(5) prohibits the sale of conventional gasoline 
(i.e., gasoline that the EPA has not certified as reformulated) in 
certain ozone nonattainment areas beginning January 1, 1995. CAA 
section 211(k)(10)(D) defines the areas initially covered by the 
federal RFG program as ozone nonattainment areas having a 1980 
population in excess of 250,000 and having the highest ozone design 
values during the period 1987 through 1989.\4\ In addition, under CAA 
section 211(k)(10)(D), any area reclassified as a severe ozone 
nonattainment area under CAA section 181(b) is also included in the 
federal RFG program. Finally, CAA sections 211(k)(6)(A) and (B) allow 
areas classified as Marginal, Moderate, Serious, or Severe ozone 
nonattainment

[[Page 51290]]

areas, or areas within the ozone transport region established under CAA 
section 184, to opt into the RFG program at the request of the Governor 
of the State in which the area is located.
---------------------------------------------------------------------------

    \4\ Applying these criteria, the EPA has determined the nine 
covered areas to be the metropolitan areas including Los Angeles, 
Houston, New York City, Baltimore, Chicago, San Diego, Philadelphia, 
Hartford, and Milwaukee.
---------------------------------------------------------------------------

    Maine is in the ozone transport region established under CAA 
section 184, and its request to opt into the RFG program was made 
pursuant to CAA section 211(k)(6)(B). That provision specifies that 
upon petition of the Governor of a State in the ozone transport region 
in which the area is located, the EPA is to apply the prohibition 
against selling or dispensing of conventional gas in RFG covered areas 
in any area in the State other than an area classified as marginal, 
moderate, serious, or severe ozone nonattainment area under subpart 2 
of part D of subchapter 1 of the Clean Air Act. This prohibition is to 
``commence as soon as practicable but not later than 2 years after the 
date of approval by the Administrator of the application of the 
Governor of the State.'' CAA section 211(k)(6)(B)(ii)(I). However, if 
the EPA determines that there is insufficient capacity to supply RFG, 
the EPA may extend the commencement date by no more than a year, and 
may renew that extension for two additional one-year periods. CAA 
section 211(k)(6)(B)(iii). The area may not opt out of the federal RFG 
program earlier than 4 years after the RFG commencement date. CAA 
section 211(k)(6)(B)(ii)(II).

B. Request From the State of Maine

    In 2013, the State of Maine enacted Public Law 2013 c.221 calling 
for the use of RFG in York, Cumberland, Sagadahoc, Androscoggin, 
Kennebec, Knox, and Lincoln counties beginning May 1, 2014. On July 23, 
2013, the Governor of Maine formally requested, pursuant to CAA section 
211(k)(6)(B), that the EPA extend the requirement for the sale of RFG 
to these counties beginning on May 1, 2014.
    The Maine legislature subsequently enacted an emergency law, Public 
Law 2013 c.453, effective March 6, 2014, to postpone the requirement 
for the sale of RFG in these counties until June 1, 2015. Pursuant to 
that legislation, the Commissioner for the State of Maine's Department 
of Environmental Protection (DEP) submitted a request to the EPA dated 
March 10, 2014, modifying Maine's request for the implementation date 
for the sale of RFG in the Southern Maine Counties to coincide with 
June 1, 2015.\5\
---------------------------------------------------------------------------

    \5\ The EPA has determined that the original petition from the 
Governor of Maine, together with the revised Maine legislation and 
the Commissioner's letter, serve as a petition from the Governor 
under CAA section 211(k)(6)(B) seeking commencement of the 
prohibition in CAA 211(k)(5) in the Southern Maine Counties on June 
1, 2015.
---------------------------------------------------------------------------

    Copies of the Commissioner's letter, the letter from the Governor 
of the State of Maine dated July 23, 2013, and the Maine legislation 
establishing the use of RFG in the Southern Maine Counties are 
available in the docket at EPA-HQ-OAR-2014-0283.

C. Proposed Date for the Commencement of a Prohibition on the Sale of 
Conventional Gasoline in the Southern Maine Counties

    Based on our evaluation of the appropriate lead time and start 
dates, and pursuant to Maine's request for a June 1, 2015 
implementation date and the provisions of CAA section 211(k)(6), the 
EPA is proposing to extend the CAA section 211(k)(5) prohibition 
against the sale of conventional (i.e., non-reformulated) gasoline in 
RFG covered areas to the Southern Maine Counties. The Southern Maine 
Counties are part of the ozone transport region as defined in CAA 
section 184. They are not currently classified under subpart 2 of Part 
D of CAA subchapter I as Marginal, Moderate, Serious, or Severe ozone 
nonattainment areas. Based on Maine's request for a June 1, 2015 
implementation date, the EPA is proposing that a prohibition on the 
sale of conventional gasoline in the Southern Maine Counties commence 
as of May 1, 2015 for all regulated entities in these counties other 
than retailers and wholesale purchaser-consumers (i.e., refiners, 
importers, and distributors), and as of June 1, 2015 for retailers and 
wholesale purchaser-consumers. Thus, if this action is finalized as 
proposed, conventional gasoline could not be sold to consumers in the 
Southern Maine Counties as of June 1, 2015. Only RFG could be sold to 
consumers in these counties as of June 1, 2015.
    Further, under CAA section 211(k)(6)(B)(ii)(II) the State of Maine 
would be prohibited from opting out of the federal RFG program for the 
Southern Maine Counties for four years after the commencement of the 
area's opt-in. Thus, if this action is finalized as proposed, the State 
of Maine may not opt out of the federal RFG program for the Southern 
Maine Counties before May 1, 2019 for all regulated entities other than 
retailers and purchaser-consumers, and not before June 1, 2019 for 
retailers and purchaser-consumers, respectively. The EPA is also adding 
in its RFG opt-out regulation at 40 CFR 80.72 a provision to reflect 
that there is a four-year minimum opt-in period for areas that opt into 
the RFG program on the basis of their location within the ozone 
transport region. This clarification will align the federal regulation 
for RFG opt-out requirements with CAA section 211(k)(6)(B)(ii)(II).
    The EPA believes the dates proposed in today's action would provide 
a reasonable balance by achieving air quality benefits in southern 
Maine by the start of the 2015 peak ozone season and providing adequate 
lead time for industry to prepare for program implementation. The 
proposed dates are consistent with the State's request that the EPA 
require RFG to be sold in the Southern Maine Counties to coincide with 
the beginning of the high ozone season, which begins June 1 of each 
year. Thus, the dates would provide environmental benefits by allowing 
southern Maine to achieve volatile organic compound (VOC) reduction 
benefits for the 2015 VOC control season. The proposed dates are also 
consistent with the statutory requirement that the EPA set the date for 
commencement of the prohibition within two years of the EPA's approval 
of the application by the Governor. The EPA's approval of the 
Governor's request will occur in the final rule establishing an 
implementation date.
    The EPA is seeking comment on whether the refining and distribution 
industry has the capacity to supply exclusively federal RFG to the 
Southern Maine Counties as of May 1, 2015 as proposed in this notice. 
The EPA also seeks comment on whether the dates for commencement of the 
prohibition proposed today would provide adequate lead time for 
industry to ensure supply of RFG to retail outlets, and for retail 
outlets to plan for, and accomplish, a transition from the sale of 
conventional gasoline to RFG. The EPA requests that, to the extent 
possible, commenters provide documentation supporting their comments. 
Comments supported by documentation will be most valuable to the EPA in 
making a final decision on the commencement date for the prohibition on 
the sale of conventional gasoline in the Southern Maine Counties.
    As noted above in Section II.A. of today's action, CAA section 
211(k)(6)(B) directs the EPA to apply RFG requirements in areas subject 
to a Governor's petition ``as soon as practical'' within a two-year 
period following the EPA's approval of a Governor's petition, and may 
further extend the date RFG requirements commence based on a 
determination that there is insufficient capacity to supply RFG. 
However, the EPA does not have discretion to deny a Governor's request 
for an opt-in for qualifying

[[Page 51291]]

areas. Therefore, the scope of this action is limited to setting a date 
for commencement of opt-in of the Southern Maine Counties to the 
federal RFG program; it is not to decide whether the Southern Maine 
Counties may opt into the federal RFG program. The EPA is requesting 
comment on the proposed commencement dates and whether there will be a 
sufficient capacity to supply RFG available to these seven counties as 
of May 1, 2015 for regulated entities such as refiners, importers, and 
distributors, and as of June 1, 2015 for retailers and purchaser-
consumers.
    This proposed action would have no effect on the approved Maine 
State Implementation Plan (SIP). We understand that if today's action 
is finalized as proposed, the State of Maine intends to submit a 
proposed SIP revision requesting the removal of the existing 7.8 Reid 
Vapor Pressure fuel requirements for the Southern Maine Counties. The 
EPA will consider Maine's request when it is received.

IV. Environmental Impact

    The federal RFG program is designed to lead to reductions in ozone-
forming emissions. Reductions in ozone precursors are environmentally 
significant because they lead to reductions in ozone formation, with 
the associated improvements in human health and welfare. Exposure to 
ground-level ozone (or smog) can cause respiratory problems, chest 
pain, and coughing and may worsen bronchitis, emphysema, and asthma. 
Animal studies suggest that long-term exposure (months to years) to 
ozone can damage lung tissue and may lead to chronic respiratory 
illness. The Maine DEP analyzed the emissions benefits which could be 
achieved by switching from 7.8 RVP fuel to RFG.\6\ The Maine DEP used 
the EPA's motor vehicle emission factor model, MOVES2010, to estimate, 
for informational purposes, that motor vehicle VOC emissions could be 
reduced by 123 tons, or by 6 percent and NOx by 28 tons, or by 1 
percent.\7\
---------------------------------------------------------------------------

    \6\ RFG primarily reduces emissions of VOCs. The RFG regulations 
at 40 CFR 80.41 establish a performance standard that must be met in 
order for gasoline to meet RFG requirements. Generally, based on 
survey data, RFG sold in the northeastern states has an RVP of 
between 6.8 and 7.0 psi. The lower RVP will result in reduction in 
VOC emissions. The survey data is available at: http://www.epa.gov/otaq/fuels/rfgsurvey.htm
    \7\ The Governor of Maine submitted this analysis for calendar 
year 2014 projected emission reductions with his July 23, 2013 
letter requesting a May 1, 2014 effective date. However, Maine is 
not claiming, and the EPA is not proposing to approve in today's 
action, any specific amount of emission reductions for the RFG 
program at this time.
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563. 
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose any new information collection burden 
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq. Burden is defined at 5 CFR 1320.3. The OMB has approved the 
information collection requirements that apply to the RFG program (see 
59 FR 7716, February 16, 1994), and has assigned OMB control number 
2060-0277 (EPA ICR No. 1591.25).

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's proposed rule on 
small entities, small entity is defined as: (1) Defined by the Small 
Business Administration's (SBA) regulations a 13 CFR 121.201; (2) a 
small governmental jurisdiction that is a government of a city, county, 
town, school district or special district with a population of less 
than 50,000; and (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of today's proposed rule on 
small entities, I certify that this action would not have a significant 
adverse impact on a substantial number of small entities. In 
promulgating the RFG regulations for conventional gasoline, the EPA 
analyzed the impact of the regulations on small entities. The EPA 
concluded that the regulations may possibly have some economic effect 
on a substantial number of small refiners, but that the regulations may 
not significantly affect other small entities, such as gasoline 
blenders, terminal operators, service stations and ethanol blenders. 
See 59 FR 7810-7811 (February 16, 1994). As stated in the preamble to 
the final RFG rule, exempting small refiners from the RFG regulations 
would not meet CAA requirements. 59 FR 7810. However, since most small 
refiners are located in the mountain states or in California, which has 
its own RFG program, the vast majority of small refiners are unaffected 
by the federal RFG requirements (although all refiners of conventional 
gasoline are subject to the RFG requirements). Moreover, all 
businesses, large and small, maintain the option to produce 
conventional gasoline to be sold in areas not obligated by the CAA to 
receive RFG or those areas which have not chosen to opt into the 
federal RFG program. A complete analysis of the effect of the RFG 
regulations on small businesses is contained in the Regulatory 
Flexibility Analysis which was prepared for the RFG rulemaking, and can 
be found in the docket for that rulemaking. The docket number is: EPA 
Air Docket A-92-12.
    Today's proposed rule would affect only those refiners, importers 
or blenders of gasoline that choose to produce or import RFG for sale 
in the Southern Maine Counties, and gasoline distributors and retail 
stations in those areas. As discussed above, the EPA determined that, 
because of their location, the vast majority of small refiners would be 
unaffected by the RFG requirements. For the same reason, most small 
refiners would be unaffected by today's action. Other small entities, 
such as gasoline distributors and retail stations located in the 
Southern Maine Counties, which would become a covered area if today's 
proposed rule is finalized as proposed, would be subject to the same 
requirements as those small entities which are located in current RFG 
covered areas. The EPA did not find the previous RFG regulations to 
significantly affect these entities.
    We welcome comments on the potential impacts of the proposed rule 
on small entities. Since the EPA's discretion in this rulemaking is 
limited to establishment of the date for the application of RFG in the 
Southern Maine Counties, any comments related to impacts on small 
entities should be focused on the impact of alternative, and legally 
permissible, compliance dates.

[[Page 51292]]

D. Unfunded Mandates Reform Act (UMRA)

    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. Thus, this proposed rule is not subject to the requirements of 
sections 202 and 205 of the UMRA. Although the EPA does not believe 
that UMRA imposes requirements for this rulemaking, the EPA notes that 
the environmental and economic impacts of the federal RFG program were 
assessed in the EPA's Regulatory Impact Analysis for the 1994 RFG 
regulations.
    This proposed rule is also not subject to the requirements of 
section 203 of UMRA because it contains no regulatory requirements that 
might significantly or uniquely affect small governments.

E. Executive Order 13132 (Federalism)

    This action does not have federalism implications. It would 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. The proposed rule would impose 
requirements only on certain refiners and other entities in the 
gasoline distribution system, and not on States. The requirements of 
the proposed rule would be enforced by the federal government at the 
national level. Thus, Executive Order 13132 does not apply to this 
proposed rule.

F. Executive Order 13175

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). Today's proposed 
rule would affect only those refiners, importers or blenders of 
gasoline that choose to produce or import RFG for sale in the Southern 
Maine Counties, and gasoline distributors and retail stations in those 
areas. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it is not economically significant as defined 
in Executive Order 12866, and because the Agency does not believe the 
environmental health or safety risks addressed by this action present a 
disproportionate risk to children.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355, 
May 22, 2001) because it is not a significant regulatory action under 
Executive Order 12866.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs the 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. NTTAA directs the EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards.
    This proposed rulemaking does not involve technical standards. 
Therefore, the EPA is not considering the use of any voluntary 
consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations of the United States.
    The EPA has determined that this proposed rule would not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it increases the 
level of environmental protection for all affected populations without 
having any disproportionately high and adverse human health or 
environmental effects on any population, including any minority or low-
income population.

List of Subjects in 40 CFR Part 80

    Environmental protection, Air pollution control, Fuel additives, 
Gasoline, Motor vehicle pollution.

    Dated: August 18, 2014.
Gina McCarthy,
Administrator.

    For the reasons discussed in the preamble, the Environmental 
Protection Agency proposes to amend 40 CFR part 80 as follows:

PART 80--REGULATION OF FUELS AND FUEL ADDITIVES

0
1. The authority citation for part 80 continues to read as follows:

    Authority  42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a).

0
2. Section 80.70 is amended by adding paragraph (n) to read as follows:


Sec.  80.70  Covered areas.

* * * * *
    (n) The areas included in paragraph (n) of this section are located 
within the ozone transport region established under Clean Air Act 
section 184(a), are not classified as a marginal, moderate, serious, or 
severe ozone nonattainment area, and have opted into the reformulated 
gasoline program. They are covered areas for the purposes of subparts 
D, E, and F of this part.
    (1) The southern Maine counties of York, Cumberland, Sagadahoc, 
Androscoggin, Kennebec, Knox, and Lincoln are a covered area beginning 
June 1, 2015. The prohibitions of Clean Air Act section 211(k)(5) apply 
to all persons other than retailers and wholesale purchaser-consumers 
in these counties beginning May 1, 2015. The prohibitions of section 
211(k)(5) of the Clean Air Act apply to retailers and wholesale 
purchaser-consumers in these counties beginning on June 1, 2015.
    (2) [Reserved]
0
3. Section 80.72 is amended by adding paragraph (c)(8) to read as 
follows:


Sec.  80.72  Procedures for opting out of the covered areas.

* * * * *
    (c) * * *
    (8) Notwithstanding any other provision of paragraph (c) of this 
section, for an area that opted in pursuant to Clean Air Act section 
211(k)(6)(B), the Administrator shall not set the effective date for 
removal of the area earlier than four years after the commencement date 
of opt-in.
* * * * *
[FR Doc. 2014-20177 Filed 8-27-14; 8:45 am]
BILLING CODE 6560-50-P

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