
[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 [www.gpo.gov]
[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: [email protected] or Rudy 
Kapichak, Office of Transportation and Air Quality, U.S. Environmental 
Protection Agency, 2000 Traverwood, Ann Arbor, MI 48105; email address: 
[email protected].

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 
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 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 https://www.epa.gov/laws-regulations/laws-and-executive-orders.

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.

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    (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


