Rule2023-22532
Reformulated Gasoline Covered Areas
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 12, 2023
Effective
November 13, 2023
Issuing agencies
Environmental Protection Agency
Abstract
In this final action, the Environmental Protection Agency (EPA) is amending its reformulated gasoline (RFG) regulations to reflect the reclassification of several ozone nonattainment areas as Severe for the 2008 ozone national ambient air quality standard (NAAQS). The subject areas are the Dallas-Fort Worth, TX area (Dallas), the Denver-Boulder-Greeley-Fort Collins-Loveland, CO area (Denver), and the Eastern Kern County, CA area (Eastern Kern). The reclassification of the Dallas and Denver areas as Severe for the 2008 ozone NAAQS was effective on November 7, 2022, and results in the prohibition of the sale of conventional gasoline throughout the entire nonattainment area under the Clean Air Act (CAA) eon November 7, 2023. Similarly, the reclassification of the Eastern Kern area was effective on July 7, 2021, and the Federal RFG requirement applied to the area on July 7, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 196 (Thursday, October 12, 2023)</title>
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[Federal Register Volume 88, Number 196 (Thursday, October 12, 2023)]
[Rules and Regulations]
[Pages 70602-70605]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22532]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 1090
[EPA-HQ-OAR-2023-0289; FRL 10290-01-OAR]
RIN 2060-AV87
Reformulated Gasoline Covered Areas
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 the reclassification of several ozone nonattainment areas as
Severe for the 2008 ozone national ambient air quality standard
(NAAQS). The subject areas are the Dallas-Fort Worth, TX area (Dallas),
the Denver-Boulder-Greeley-Fort Collins-Loveland, CO area (Denver), and
the Eastern Kern County, CA area (Eastern Kern). The reclassification
of the Dallas and Denver areas as Severe for the 2008 ozone NAAQS was
effective on November 7, 2022, and results in the prohibition of the
sale of conventional gasoline throughout the entire nonattainment area
under the Clean Air Act (CAA) eon November 7, 2023. Similarly, the
reclassification of the Eastern Kern area was effective on July 7,
2021, and the Federal RFG requirement applied to the area on July 7,
2022.
DATES: This final rule is effective November 13, 2023.
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: <a href="/cdn-cgi/l/email-protection#771418050e121b1b591a16051c3712071659101801"><span class="__cf_email__" data-cfemail="44272b363d2128286a2925362f042134256a232b32">[email protected]</span></a> or Rudy
Kapichak, Office of Transportation and Air Quality, U.S. Environmental
Protection Agency, 2000 Traverwood, Ann Arbor, MI 48105; email address:
<a href="/cdn-cgi/l/email-protection#610a0011080209000a4f1314050e0d1109210411004f060e17"><span class="__cf_email__" data-cfemail="711a1001181219101a5f0304151e1d0119311401105f161e07">[email protected]</span></a>.
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 Dallas-Fort Worth, TX
area, the Denver-Boulder-Greeley-Fort Collins-Loveland, CO area, and
the Eastern Kern County, CA area.
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\1\ North American Industry Classification System.
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NAICS
Examples of potentially regulated entities \1\
codes
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Petroleum refineries.......................................... 324110
424710
Gasoline Marketers and Distributors........................... 424720
Gasoline Retail Stations...................................... 457110
457120
[[Page 70603]]
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-2023-0289. All documents in the docket are listed on the
<a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a>.
II. Action
In this final action, the Environmental Protection Agency (EPA) is
amending its reformulated gasoline (RFG) regulations at 40 CFR
1090.285(b) and (c) to reflect the reclassification of several ozone
nonattainment areas as Severe for the 2008 ozone national ambient air
quality standard. The subject areas are the Dallas-Fort Worth, TX area,
the Denver-Boulder-Greeley-Fort Collins-Loveland, CO area, and the
Eastern Kern County, CA area. The reclassification of the Dallas and
Denver areas was effective on November 7, 2022, and results in the
prohibition of the sale of conventional gasoline throughout the entire
nonattainment area under CAA section 211(k)(10)(D) and section
211(k)(5) effective 1 year after the effective date of the
reclassification, which is November 7, 2023.\2\ Similarly, the
reclassification of the Eastern Kern area was effective on July 7,
2021, and the Federal RFG requirement applied to the area on July 7,
2022.\3\
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\2\ See 87 FR 60926, October 7, 2022.
\3\ See 86 FR 30204, June 7, 2021.
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III. Background
The CAA prohibits the sale of conventional gasoline in any ozone
nonattainment area that is reclassified as Severe and requires that
Federal RFG must instead be sold. The prohibition on the sale of
conventional gasoline takes effect 1 year after the effective date of
the reclassification (see CAA section 211(k)(10)(D)). For areas that
are reclassified as Severe for the 2008 ozone NAAQS, States would not
promulgate State fuel rules for implementing Federal RFG because the
CAA requirements would be implemented as written. Air agencies are thus
not required to submit a State Implementation Plan (SIP) revision
addressing Federal RFG requirements. Areas already subject to Federal
RFG requirements are listed in 40 CFR 1090.285(a)-(d). Federal RFG is
already sold in four counties in the Dallas area because Texas opted
those counties into RFG under CAA section 211(k)(6)(A). The
reclassification of the Dallas area as Severe for the 2008 ozone NAAQS
results in Federal RFG being required in all 10 counties in the
nonattainment area for the 2008 ozone NAAQS.\4\ The sale of Federal RFG
is a new requirement for the Denver area as Federal RFG is not
currently required to be sold in any part of the Denver 2008 ozone
NAAQS nonattainment area.\5\ With respect to Eastern Kern, California
law requires the sale of California Phase 3 RFG (CaRFG3) throughout the
State, and EPA has exempted gasoline meeting the CaRFG3 regulations
from the requirements that would otherwise apply under the Federal RFG
regulations.\6\ We granted this exemption because we found that
gasoline complying with the CaRFG3 regulations provides emissions
benefits equivalent to Federal RFG regulations and because California's
compliance and enforcement program is sufficiently rigorous to assure
that the standards are met.\7\ Thus, reclassification of Eastern Kern
to Severe does not impact the continued applicability of California's
regulations that require the sale of CaRFG3 in the Eastern Kern area.
Should California's regulations no longer apply in the future, EPA's
RFG regulations would apply in keeping with CAA requirements.
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\4\ Six counties in the Dallas area are subject to a SIP-
approved requirement to provide gasoline to retailers and wholesale
purchaser consumers with a maximum RVP of 7.8 psi per gallon from
June 1 through September 15. The six counties are Ellis, Johnson,
Kaufman, Parker, Rockwall and Wise. Beginning with the 2024 summer
season (June 1 through September 15 for retailers and wholesale
purchaser consumers, and May 1 through September 15 for all other
persons) gasoline sold in these six counties in the Dallas area will
be required to comply with the more stringent Federal RFG RVP per
gallon cap of 7.4 psi. See 40 CFR 1090.215(a)(3).
\5\ The Denver area is subject to the Federal requirement to
sell gasoline with a maximum RVP of 7.8 psi per gallon during the
summer season (June 1 through September 15 for retailers and
wholesale purchaser consumers, and May 1 through September 15 for
all other persons). See 40 CFR 1090.215(a)(2). Beginning with the
2024 summer season, gasoline sold in the Denver area will be
required to comply with the more stringent Federal RFG RVP per
gallon cap of 7.4 psi. See 40 CFR 1090.215(a)(3).
\6\ See 40 CFR 1090.625. See also 85 FR 78412 at 78430, footnote
70 (December 4, 2020).
\7\ 70 FR 75914 (December 21, 2005).
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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(b) and (c) to reflect that the Dallas, Denver, and Eastern
Kern ozone nonattainment areas have been reclassified as Severe for the
2008 ozone NAAQS and that CAA section 211(k)(10)(D) requires that such
reclassified areas become Federal RFG covered areas 1 year after the
effective date of their reclassification. For this reason, EPA finds
that notice-and-comment procedures under CAA section 307(d)(1) are
unnecessary.
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 14094: Modernizing Regulatory Review
This action is not a significant regulatory action as defined in
Executive Order 12866, as amended by Executive Order 14094, and was
therefore not subject to a requirement for Executive Order 12866
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.
[[Page 70604]]
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 amends
the reformulated gasoline (RFG) regulations at 40 CFR 1090.285(b) and
(c) to reflect the reclassification of several ozone nonattainment
areas as Severe for the 2008 ozone NAAQS, which results in the
prohibition of the sale of conventional gasoline throughout the entire
nonattainment area under CAA section 211(k)(10)(D) and section
211(k)(5) effective 1 year after the effective date of the
reclassification.
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 affects only those refiners,
importers or blenders of gasoline that chose to produce or import
gasoline that meets Federal RFG program requirements for sale in the
Dallas, Denver, and Kern County areas and gasoline distributers 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 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 the RFG program results in
lower emissions of ozone precursors in the Dallas, Denver, and Kern
County areas.
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 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
Executive Order 12898 (59 FR 7629, February 16, 1994) 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 (people of color and/or Indigenous
peoples) and low-income populations.
The EPA believes that the requirement to sell RFG is likely to
reduce existing disproportionate and adverse effects on people of
color, low-income populations and/or Indigenous peoples. This
requirement in the areas referenced in this action will result in area-
wide emission reductions for ozone precursors and provide clean air
benefits. Therefore, disproportionately high and adverse human health
or environmental effects on minority or low-income populations are not
an anticipated result.
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
0
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.
0
2. Amend Sec. 1090.285:
0
a. In table 2 to paragraph (b) by adding entries for ``Eastern Kern
County, ``Dallas'', and ``Denver-Boulder-Greeley-Ft. Collins-Loveland''
to the end of the table and adding footnotes 5 through 7 in numerical
order; and
0
b. In table 3 to paragraph (c) by removing the entry ``Dallas-Fort
Worth''.
The additions read as follows:
Sec. 1090.285 RFG covered areas.
* * * * *
(b) * * *
[[Page 70605]]
Table 2 to Paragraph (b)--Additional RFG Covered Areas Under 42 U.S.C. 7545(k)(10)(D)
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Area designation State or district Counties Independent cities
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* * * * * * *
Eastern Kern County................ California................ Kern County \5\......
Dallas............................. Texas..................... Collin, Dallas,
Denton, Ellis,
Johnson, Kaufman,
Parker, Rockwall,
Tarrant, Wise.
Denver-Boulder-Greeley-Ft. Collins- Colorado.................. Adams, Arapahoe,
Loveland. Boulder, Broomfield,
Denver, Douglas,
Jefferson, Larimer
County,\6\ Weld
County \7\.
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* * * * * * *
\5\ That portion of the county (with the exception of that portion in Hydrologic Unit Number 18090205 the Indian
Wells Valley) east and south of a line described as follows: Beginning at the Kern-Los Angeles County boundary
and running north and east along the northwest boundary of the Rancho La Liebre Land Grant to the point of
intersection with the range line common to Range 16 West and Range 17 West, San Bernardino Base and Meridian;
north along the range line to the point of intersection with the Rancho El Tejon Land Grant boundary; then
southeast, northeast, and northwest along the boundary of the Rancho El Tejon Grant to the northwest corner of
Section 3, Township 11 North, Range 17 West; then west 1.2 miles; then north to the Rancho El Tejon Land Grant
boundary; then northwest along the Rancho El Tejon line to the southeast corner of Section 34, Township 32
South, Range 30 East, Mount Diablo Base and Meridian; then north to the northwest corner of Section 35,
Township 31 South, Range 30 East; then northeast along the boundary of the Rancho El Tejon Land Grant to the
southwest corner of Section 18, Township 31 South, Range 31 East; then east to the southeast corner of Section
13, Township 31 South, Range 31 East; then north along the range line common to Range 31 East and Range 32
East, Mount Diablo Base and Meridian, to the northwest corner of Section 6, Township 29 South, Range 32 East;
then east to the southwest corner of Section 31, Township 28 South, Range 32 East; then north along the range
line common to Range 31 East and Range 32 East to the northwest corner of Section 6, Township 28 South, Range
32 East, then west to the southeast corner of Section 36, Township 27 South, Range 31 East, then north along
the range line common to Range 31 East and Range 32 East to the Kern-Tulare County boundary.
\6\ That portion of the county that lies south of a line described as follows: Beginning at a point on Larimer
County's eastern boundary and Weld County's western boundary intersected by latitude 40 degrees, 42 minutes,
and 47.1 seconds north, proceed west to a point defined by the intersection of latitude 40 degrees, 42
minutes, 47.1 seconds north and longitude 105 degrees, 29 minutes, and 40.0 seconds west, proceeding south on
longitude 105 degrees, 29 minutes, 40.0 seconds west to the intersection with latitude 40 degrees, 33 minutes
and 17.4 seconds north, proceeding west on latitude 40 degrees, 33 minutes, 17.4 seconds north until this line
intersects Larimer County's western boundary and Grand County's eastern boundary.
\7\ That portion of the county that lies south of a line described as follows: Beginning at a point on Weld
County's eastern boundary and Logan County's western boundary intersected by latitude 40 degrees, 42 minutes,
47.1 seconds north, proceeding west on latitude 40 degrees, 42 minutes, 47.1 seconds north until this line
intersects Weld County's western boundary and Larimer County's eastern boundary.
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[FR Doc. 2023-22532 Filed 10-11-23; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.