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Removal of the Reformulated Gasoline Program From the Southern Maine Area Publication: Federal Register Signing Official: Michael S. Regan Agency: Environmental Protection Agency Date: 26 August 2022 
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[Federal Register Volume 87, Number 165 (Friday, August 26, 2022)]
[Rules and Regulations]
[Pages 52482-52484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18320]
[[Page 52482]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 1090
[EPA-HQ-OAR-2022-0398; FRL 9847-01-OAR]
RIN 2060-AV75
Removal of the Reformulated Gasoline Program From the Southern
Maine Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: In this final action, the Environmental Protection Agency
(EPA) is amending its reformulated gasoline (RFG) regulations to
reflect that York, Cumberland, Androscoggin, Sagadahoc, Kennebec, Knox
and Lincoln counties in Maine (the Southern Maine Area) are no longer
Federal RFG covered areas as of September 30, 2021. EPA previously
approved a petition from Maine to opt out of the Federal RFG program
and removed the requirement to sell Federal RFG in the Southern Maine
Area as of September 30, 2021. This effective date applied to
retailers, wholesale purchaser-consumers, refiners, importers, and
distributors. This rule merely updates the list of RFG-covered areas in
the Federal regulations to reflect the effective date of the opt-out
for the Southern Maine Area.
DATES: This final rule is effective August 26, 2022.
FOR FURTHER INFORMATION CONTACT: Mark Coryell, Office of Transportation
and Air Quality, U.S. Environmental Protection Agency, 2000 Traverwood,
Ann Arbor, MI 48105; email address: coryell.mark@epa.gov or Rudy
Kapichak, Office of Transportation and Air Quality, U.S. Environmental
Protection Agency, 2000 Traverwood, Ann Arbor, MI 48105; email address:
kapichak.rudolph@epa.gov.
SUPPLEMENTARY INFORMATION: The contents of this preamble are listed in
the following outline:
I. General Information
II. Action
III. Background
IV. Public Participation
V. Statutory and Executive Order Reviews
VI. Legal Authority and Statutory Provisions
I. General Information
A. Does this action apply to me?
Entities potentially affected by this final action are fuel
producers and distributors who do business in the Southern Maine Area.
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\1\ North American Industry Classification System.
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NAICS \1\
Examples of potentially regulated entities codes
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Petroleum refineries.................................... 324110
424710
Gasoline Marketers and Distributors..................... 424720
Gasoline Retail Stations................................ 447110
Gasoline Transporters................................... 484220
484230
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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 EPA is
aware that potentially could be affected by this final action. Other
types of entities not listed on the table could also be affected. To
determine whether your organization could be affected by this final
action, you should carefully examine the regulations in 40 CFR part
1090. If you have questions regarding the applicability of this action
to a particular entity, see the FOR FURTHER INFORMATION CONTACT section
of this preamble.
B. How can I get copies of this document and other related information?
EPA has established a docket for this action under Docket ID No.
EPA-HQ-OAR-2022-0398. All documents in the docket are listed on the
www.regulations.gov website. Although listed in the index, some
information may not be publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available
electronically through www.regulations.gov.
II. Action
In this rule, EPA is amending 40 CFR 1090.285(d) to reflect that
the Southern Maine Area (York, Cumberland, Androscoggin, Sagadahoc,
Kennebec, Knox and Lincoln counties) \2\ is no longer a Federal RFG
covered area. This final rule merely conforms the applicable
regulations with EPA's prior approval of the Maine petition.
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\2\ The Southern Maine Area is part of the Portland and Midcoast
ozone maintenance areas for the 1997 ozone national ambient air
quality standard (NAAQS).
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III. Background
On July 23, 2013, the Governor of Maine requested that EPA approve
a request to voluntarily opt York, Cumberland, Androscoggin, Sagadahoc,
Kennebec, Knox and Lincoln counties (the Southern Maine Area) into the
Federal RFG program with an effective date of May 1, 2014. EPA approved
that request on February 6, 2015 (80 FR 6658) with a commencement date
for the RFG program of May 1, 2015.
On August 20, 2020, Maine submitted a petition to the EPA
Administrator requesting to opt-out from the Federal RFG program for
the Southern Maine Area.\3\ In order to fulfill the requirements of the
RFG opt-out regulations \4\ and to support its initial request, on
August 20, 2020, Maine submitted revisions to its maintenance plans for
the Portland and Midcoast ozone maintenance areas for the 1997 ozone
national ambient air quality standard (NAAQS). The revisions to the
maintenance plans removed the emissions reductions associated with the
use of RFG in these areas and demonstrated that the RFG opt-out would
not interfere with the areas' ability to attain or maintain the 1997,
2008 and 2015 ozone NAAQS and any other NAAQS as required by CAA
section 110(l). (See 40 CFR 1090.290(d)(1).) EPA published a proposed
approval of the SIP revision on March 25, 2021 (86 FR 15844) and a
final approval of the SIP revision on June 2, 2021 (86 FR 29520), with
an effective date of July 2, 2021.
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\3\ The Commissioner of Maine's Department of Environmental
Protection submitted the opt-out petition on behalf of the State of
Maine. A copy of the petition is included in the docket.
\4\ The RFG opt-out regulations (40 CFR 1090.290(b) and (d)--
Opting out of RFG and Procedure for opting out of RFG, respectively)
provide the process and criteria for a reasonable transition out of
the Federal RFG program if a state decides to opt-out. Pursuant to
CAA sections 211(c) and (k) and 301(a), EPA promulgated regulations
at 40 CFR 80.72 to provide criteria and general procedures for
states to opt-out of the RFG program where the state had previously
voluntarily opted into the program. The regulations were initially
adopted on July 8, 1996 (61 FR 35673) (the RFG ``Opt-out Rule'');
and were revised on October 20, 1997 (62 FR 54552). On December 4,
2020, these regulations were redrafted into 40 CFR 1090.290 as a
part of EPA's Fuels Streamlining Rule (85 FR 78412).
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By letter dated July 12, 2021, EPA informed Maine of the grant of
its petition as required by the RFG opt-out regulations. (See 40 CFR
1090.290(d)(2)(ii).) EPA also indicated that the effective date of the
RFG opt-out for the Southern Maine Area would be September 30, 2021,
which is 90 days after the effective date of EPA's approval of the
maintenance plan revision and CAA section 110(l) analysis, as required
by 40 CFR 1090(d)(2)(ii). The September 30, 2021, opt-out effective
date is the date for the removal of the prohibition on the sale of
conventional gasoline in the Southern Maine Area and applied to
retailers, wholesale purchasers-
[[Page 52483]]
consumers, refiners, importers, and distributors of gasoline.
On July 16, 2021, EPA published the Federal Register document
required by 40 CFR 1090.290(d)(4) that informed the public of the
September 30, 2021, effective date and indicated that EPA would publish
a final rule later to remove the Southern Maine Area from the list of
RFG covered areas in 40 CFR 1090.285 after the effective date of the
opt-out.
IV. Public Participation
EPA is issuing this final action without prior notice and comment.
The rulemaking procedures provided in CAA section 307(d) do not apply
when the Agency for good cause finds that notice-and-comment procedures
are impracticable, unnecessary, or contrary to the public interest
pursuant to section 553(b)(B) of the Administrative Procedure Act, 5
U.S.C. 553(b)(B). This is a ministerial action that amends 40 CFR
1090.285(d) to reflect the prior EPA approval of Maine's opt-out
petition, which was based on criteria in EPA regulations for opting out
of the Federal RFG program. EPA's RFG opt-out regulations provide a
petition process that addresses, on a case-by-case basis, future
individual state requests to opt out of the RFG program. (See 40 CFR
1090.290(d)(1).). The regulations established clear and objective
criteria for EPA to apply that include criteria for when a state's
petition is complete and the appropriate transition time for opt-out of
the RFG program. Further, at the time of promulgation of those
regulations, EPA explained that the application of these regulatory
criteria on a case-by-case basis to individual opt-out requests would
not require notice-and-comment rulemaking, either under CAA section
307(d) or the Administrative Procedure Act. (See 61 FR 35673, July 8,
1996; and 62 FR 54552, October 20, 1997.)
Here, EPA is simply revising the list of RFG covered areas in 40
CFR 1090.285(d) to conform with EPA's prior approval of Maine's
request, which was effective on September 30, 2021. That approval was a
separate action, which was based on criteria in EPA's regulations for
opting out of the Federal RFG program and is not the subject of this
rule. For these reasons, EPA finds that notice-and-comment procedures
under CAA section 307(d)(1) are unnecessary.
This final rule is effective immediately upon publication. Section
553(d)(1) of the Administrative Procedure Act, 5 U.S.C. 553(d)(1),
provides that final rules shall not become effective until 30 days
after publication in the Federal Register ``except . . . a substantive
rule which grants or recognizes an exemption or relieves a
restriction.'' The purpose of this provision is to ``give affected
parties a reasonable time to adjust their behavior before the final
rule takes effect.'' Omnipoint Corp. v. Fed. Commc'n Comm'n, 78 F.3d
620, 630 (D.C. Cir. 1996); see also United States v. Gavrilovic, 551
F.2d 1099, 1104 (8th Cir. 1977) (quoting legislative history). However,
when the agency finalizes an exemption or relieves a restriction,
affected parties do not need a reasonable time to adjust because the
affect is not adverse. EPA has determined that the finalized rule does
not change any regulatory obligations and merely revises the list of
covered areas in 40 CFR 1090.285(d) to reflect EPA's prior action on
July 16, 2021, which relieved a restriction (the requirement of the
Federal RFG program) in the Southern Maine Area. For these reasons,
this rule will be effective immediately upon publication.
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
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 and therefore
was not submitted to the Office of Management and Budget (OMB) for
review.
B. Paperwork Reduction Act (PRA)
This action does not impose any information collection burden under
the PRA, because it does not contain any information collection
activities.
C. Regulatory Flexibility Act (RFA)
This action is not subject to the RFA. The RFA applies only to
rules subject to notice and comment rulemaking requirements under the
Administrative Procedure Act (APA), 5 U.S.C. 553, or any other statute.
This rule is not subject to notice and comment requirements because the
Agency has invoked the APA ``good cause'' exemption under 5 U.S.C.
553(b).
D. Unfunded Mandates Reform Act (UMRA)
This final rule does not contain an unfunded mandate of $100
million or more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. This action and the
earlier approval of Maine's request to opt the seven counties in the
Southern Maine Area out of the Federal RFG program removed a
requirement for the sale of Federal RFG in the area as provided for in
CAA section 211(k) and EPA's regulations at 40 CFR 1090.290(b) and (d).
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175. This final rule and earlier approval of Maine's
request to opt the seven counties in the Southern Maine Area out of the
Federal RFG program affect only those refiners, importers or blenders
of gasoline that chose to produce or import gasoline that met Federal
RFG program requirements for sale in the Southern Maine Area and
gasoline distributers and retail stations in the Area. Thus, Executive
Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe may disproportionately affect children,
per the definition of ``covered regulatory action'' in section 2-202 of
the Executive Order. This action is not subject to Executive Order
13045 because it does not concern an environmental health risk or
safety risk. EPA has no reason to believe that this action will
disproportionately affect children since Maine has provided evidence
that opt-out from the Federal RFG gasoline program will not interfere
with its attainment of the ozone NAAQS, or any other applicable CAA
requirement.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 because it is
not a
[[Page 52484]]
significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
This rule does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
EPA believes that this action does not have potential
disproportionately high and adverse human health or environmental
effects on minority populations, low-income populations and/or
indigenous peoples, as specified in Executive Order 12898 (59 FR 7629,
February 16, 1994), because it does not affect the applicable ozone
NAAQS which establish the level of protection provided to human health
or the environment. This rule and the earlier approval of Maine's
request to opt the seven counties in the Southern Maine Area out of the
Federal RFG program removes the Federal RFG gasoline program
requirements for the Southern Maine Area. EPA has concluded that the
Federal RFG opt-out will not cause a measurable increase in ozone
concentrations that would result in a violation of any ozone NAAQS
including the 1997, 2008 ozone NAAQS and the more stringent 2015 ozone
NAAQS. Therefore, disproportionately high and adverse human health or
environmental effects on minority or low-income populations are not an
anticipated result. The results of this evaluation are contained in
EPA's proposed and final rules for Maine's non-interference
demonstration. A copy of EPA's approval on July 2, 2021, of Maine's SIP
revision has been placed in the public docket for this action.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. The CRA allows the issuing agency to make a rule
effective sooner than otherwise provided by the CRA if the agency makes
a good cause finding that notice and comment rulemaking procedures are
impracticable, unnecessary or contrary to the public interest (5 U.S.C.
808(2)). The EPA has made a good cause finding for this rule as
discussed in section IV, including the basis for that finding.
VI. Legal Authority and Statutory Provisions
The statutory authority for this action is granted to EPA by
sections 211(k) and 301(a) of the Clean Air Act, as amended; 42 U.S.C.
7545(h) and 7601(a).
List of Subjects in 40 CFR Part 1090
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.
Michael S. Regan,
Administrator.
For the reasons set forth in the preamble, EPA amends 40 CFR part
1090 as follows:
PART 1090--REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED
BLENDSTOCKS
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1. The authority citation for part 1090 continues to read as follows:
Authority: 42 U.S.C. 7414, 7521, 7522-7525, 7541, 7542, 7543,
7545, 7547, 7550, and 7601.
Subpart C--Gasoline Standards
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2. Section 1090.285 is amended by revising paragraph (d) to read as
follows:
Sec. 1090.285 RFG covered areas.
* * * * *
(d) RFG covered areas located in the ozone transport region
established by 42 U.S.C. 7511c(a) that a state has requested to opt
into RFG under 42 U.S.C. 7545(k)(6)(B)(i)(I).
[FR Doc. 2022-18320 Filed 8-25-22; 8:45 am]
BILLING CODE 6560-50-P