Regulation of Fuels and Fuel Additives: Modification of the Covered Areas Provision for Reformulated Gasoline

Résumé

This final action modifies Sec. 80.70(k) of the reformulated gasoline (RFG) regulations to allow states to opt into the RFG program for any area currently or previously designated as an ozone nonattainment area under the national one-hour ozone standard, as of November 15, 1990, the date of the enactment of the Clean Air Act Amendments of 1990 (1990 Amendments), or any time later. This final action encompasses all nonattainment areas including Marginal, Moderate, Serious and Severe ozone nonattainment areas, as well as those areas classified as transitional, sub-marginal, no data or incomplete data areas. Section 80.70(k) currently provides that any area classified as a Marginal, Moderate, Serious or Severe ozone nonattainment area may be included in the RFG program on petition by the Governor of the State in which the area is located. Today's final action will expand this provision to allow states to opt into the RFG program for areas which had been previously classified as Marginal, Moderate, Serious or Severe for ozone, but were subsequently redesignated to attainment. This final rule will also allow opt in to RFG for those areas designated nonattainment that do not fit into Sec