[Code of Federal Regulations]
[Title 40, Volume 14]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR80.70]

[Page 651-655]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 80--REGULATION OF FUELS AND FUEL ADDITIVES--Table of Contents
 
                    Subpart D--Reformulated Gasoline
 
Sec. 80.70  Covered areas.

    For purposes of subparts D, E, and F of this part, the covered areas 
are as follows:
    (a) The Los Angeles-Anaheim-Riverside, California, area, comprised 
of:
    (1) Los Angeles County;
    (2) Orange County;
    (3) Ventura County;
    (4) That portion of San Bernadino County that lies south of latitude 
35 degrees, 10 minutes north and west of

[[Page 652]]

longitude 115 degrees, 45 minutes west; and
    (5) That portion of Riverside County, which lies to the west of a 
line described as follows:
    (i) Beginning at the northeast corner of Section 4, Township 2 
South, Range 5 East, a point on the boundary line common to Riverside 
and San Bernadino Counties;
    (ii) Then southerly along section lines to the centerline of the 
Colorado River Aqueduct;
    (iii) Then southeasterly along the centerline of said Colorado River 
Aqueduct to the southerly line of Section 36, Township 3 South, Range 7 
East;
    (iv) Then easterly along the township line to the northeast corner 
of Section 6, Township 4 South, Range 9 East;
    (v) Then southerly along the easterly line of Section 6 to the 
southeast corner thereof;
    (vi) Then easterly along section lines to the northeast corner of 
Section 10, Township 4 South, Range 9 East;
    (vii) Then southerly along section lines to the southeast corner of 
Section 15, Township 4 South, Range 9 East;
    (viii) Then easterly along the section lines to the northeast corner 
of Section 21, Township 4 South, Range 10 East;
    (ix) Then southerly along the easterly line of Section 21 to the 
southeast corner thereof;
    (x) Then easterly along the northerly line of Section 27 to the 
northeast corner thereof;
    (xi) Then southerly along section lines to the southeast corner of 
Section 34, Township 4 South, Range 10 East;
    (xii) Then easterly along the township line to the northeast corner 
of Section 2, Township 5 South, Range 10 East;
    (xiii) Then southerly along the easterly line of Section 2, to the 
southeast corner thereof;
    (xiv) Then easterly along the northerly line of Section 12 to the 
northeast corner thereof;
    (xv) Then southerly along the range line to the southwest corner of 
Section 18, Township 5 South, Range 11 East;
    (xvi) Then easterly along section lines to the northeast corner of 
Section 24, Township 5 South, Range 11 East; and
    (xvii) Then southerly along the range line to the southeast corner 
of Section 36, Township 8 South, Range 11 East, a point on the boundary 
line common to Riverside and San Diego Counties.
    (b) San Diego County, California.
    (c) The Greater Connecticut area, comprised of:
    (1) The following Connecticut counties:
    (i) Hartford;
    (ii) Middlesex;
    (iii) New Haven;
    (iv) New London;
    (v) Tolland;
    (vi) Windham; and
    (2) Portions of certain Connecticut counties, described as follows:
    (i) In Fairfield County, the City of Shelton; and
    (ii) In Litchfield County, all cities and townships except the towns 
of Bridgewater and New Milford.
    (d) The New York-Northern New Jersey-Long Island-Connecticut area, 
comprised of:
    (1) Portions of certain Connecticut counties, described as follows:
    (i) In Fairfield County, all cities and townships except Shelton 
City;
    (ii) In Litchfield County, the towns of Bridgewater and New Milford;
    (2) The following New Jersey counties:
    (i) Bergen;
    (ii) Essex;
    (iii) Hudson;
    (iv) Hunterdon;
    (v) Middlesex;
    (vi) Monmouth;
    (vii) Morris;
    (viii) Ocean;
    (ix) Passaic;
    (x) Somerset;
    (xi) Sussex;
    (xii) Union; and
    (3) The following New York counties:
    (i) Bronx;
    (ii) Kings;
    (iii) Nassau;
    (iv) New York (Manhattan);
    (v) Queens;
    (vi) Richmond;
    (vii) Rockland;
    (viii) Suffolk;
    (ix) Westchester;
    (x) Orange; and
    (xi) Putnam.
    (e) The Philadelphia-Wilmington-Trenton area, comprised of:

[[Page 653]]

    (1) The following Delaware counties:
    (i) New Castle; and
    (ii) Kent;
    (2) Cecil County, Maryland;
    (3) The following New Jersey counties:
    (i) Burlington;
    (ii) Camden;
    (iii) Cumberland;
    (iv) Gloucester;
    (v) Mercer;
    (vi) Salem; and
    (4) The following Pennsylvania counties:
    (i) Bucks;
    (ii) Chester;
    (iii) Delaware;
    (iv) Montgomery; and
    (v) Philadelphia.
    (f) The Chicago-Gary-Lake County, Illinois-Indiana-Wisconsin area, 
comprised of:
    (1) The following Illinois counties:
    (i) Cook;
    (ii) Du Page;
    (iii) Kane;
    (iv) Lake;
    (v) McHenry;
    (vi) Will;
    (2) Portions of certain Illinois counties, described as follows:
    (i) In Grundy County, the townships of Aux Sable and Goose Lake; and
    (ii) In Kendall County, Oswego township; and
    (3) The following Indiana counties:
    (i) Lake; and
    (ii) Porter.
    (g) The Baltimore, Maryland area, comprised of:
    (1) The following Maryland counties:
    (i) Anne Arundel;
    (ii) Baltimore;
    (iii) Carroll;
    (iv) Harford;
    (v) Howard; and
    (2) The City of Baltimore.
    (h) The Houston-Galveston-Brazoria, Texas area, comprised of the 
following Texas counties:
    (1) Brazoria;
    (2) Fort Bend;
    (3) Galveston;
    (4) Harris;
    (5) Liberty;
    (6) Montgomery;
    (7) Waller; and
    (8) Chambers.
    (i) The Milwaukee-Racine, Wisconsin area, comprised of the following 
Wisconsin counties:
    (1) Kenosha;
    (2) Milwaukee;
    (3) Ozaukee;
    (4) Racine;
    (5) Washington; and
    (6) Waukesha.
    (j) Any other area classified under 40 CFR part 81, subpart C as a 
marginal, moderate, serious, or severe ozone nonattainment area may be 
included as a covered area on petition of the Governor of the State in 
which the area is located. The ozone nonattainment areas listed in this 
paragraph (j) opted into the reformulated gasoline program prior to the 
start of the reformulated gasoline program. These areas are covered 
areas for purposes of subparts D, E, and F of this part. The geographic 
extent of each covered area listed in this paragraph (j) shall be the 
nonattainment area boundaries as specified in 40 CFR part 81, subpart C.
    (1) Sussex County, Delaware;
    (2) District of Columbia portion of the Washington ozone 
nonattainment area;
    (3) The following Kentucky counties:
    (i) Boone;
    (ii) Campbell;
    (iii) Jefferson; and
    (iv) Kenton;
    (4) Portions of the following Kentucky counties:
    (i) Portion of Bullitt County described as follows:
    (A) Beginning at the intersection of Ky 1020 and the Jefferson-
Bullitt County Line proceeding to the east along the county line to the 
intersection of county road 567 and the Jefferson-Bullitt County Line;
    (B) Proceeding south on county road 567 to the junction with Ky 1116 
(also known as Zoneton Road);
    (C) Proceeding to the south on KY 1116 to the junction with Hebron 
Lane;
    (D) Proceeding to the south on Hebron Lane to Cedar Creek;
    (E) Proceeding south on Cedar Creek to the confluence of Floyds Fork 
turning southeast along a creek that meets Ky 44 at Stallings Cemetery;
    (F) Proceeding west along Ky 44 to the eastern most point in the 
Shepherdsville city limits;

[[Page 654]]

    (G) Proceeding south along the Shepherdsville city limits to the 
Salt River and west to a point across the river from Mooney Lane;
    (H) Proceeding south along Mooney Lane to the junction of Ky 480;
    (I) Proceeding west on Ky 480 to the junction with Ky 2237;
    (J) Proceeding south on Ky 2237 to the junction with Ky 61 and 
proceeding north on Ky 61 to the junction with Ky 1494;
    (K) Proceeding south on Ky 1494 to the junction with the perimeter 
of the Fort Knox Military Reservation;
    (L) Proceeding north along the military reservation perimeter to 
Castleman Branch Road;
    (M) Proceeding north on Castleman Branch Road to Ky 44;
    (N) Proceeding a very short distance west on Ky 44 to a junction 
with Ky 1020; and
    (O) Proceeding north on Ky 1020 to the beginning.
    (ii) Portion of Oldham County described as follows:
    (A) Beginning at the intersection of the Oldham-Jefferson County 
Line with the southbound lane of Interstate 71;
    (B) Proceeding to the northeast along the southbound lane of 
Interstate 71 to the intersection of Ky 329 and the southbound lane of 
Interstate 71;
    (C) Proceeding to the northwest on Ky 329 to the intersection of 
Zaring Road on Ky 329;
    (D) Proceeding to the east-northeast on Zaring Road to the junction 
of Cedar Point Road and Zaring Road;
    (E) Proceeding to the north-northeast on Cedar Point Road to the 
junction of Ky 393 and Cedar Point Road;
    (F) Proceeding to the south-southeast on Ky 393 to the junction of 
county road 746 (the road on the north side of Reformatory Lake and the 
Reformatory);
    (G) Proceeding to the east-northeast on county road 746 to the 
junction with Dawkins Lane (also known as Saddlers Mill Road) and county 
road 746;
    (H) Proceeding to follow an electric power line east-northeast 
across from the junction of county road 746 and Dawkins Lane to the 
east-northeast across Ky 53 on to the La Grange Water Filtration Plant;
    (I) Proceeding on to the east-southeast along the power line then 
south across Fort Pickens Road to a power substation on Ky 146;
    (J) Proceeding along the power line south across Ky 146 and the 
Seaboard System Railroad track to adjoin the incorporated city limits of 
La Grange;
    (K) Then proceeding east then south along the La Grange city limits 
to a point abutting the north side of Ky 712;
    (L) Proceeding east-southeast on Ky 712 to the junction of Massie 
School Road and Ky 712;
    (M) Proceeding to the south-southwest and then north-northwest on 
Massie School Road to the junction of Ky 53 and Massie School Road;
    (N) Proceeding on Ky 53 to the north-northwest to the junction of 
Moody Lane and Ky 53;
    (O) Proceeding on Moody Lane to the south-southwest until meeting 
the city limits of La Grange;
    (P) Then briefly proceeding north following the La Grange city 
limits to the intersection of the northbound lane of Interstate 71 and 
the La Grange city limits;
    (Q) Proceeding southwest on the northbound lane of Interstate 71 
until intersecting with the North Fork of Currys Fork;
    (R) Proceeding south-southwest beyond the confluence of Currys Fork 
to the south-southwest beyond the confluence of Floyds Fork continuing 
on to the Oldham-Jefferson County Line; and
    (S) Proceeding northwest along the Oldham-Jefferson County Line to 
the beginning.
    (5) [Reserved]
    (6) The following Maryland counties:
    (i) Calvert;
    (ii) Charles;
    (iii) Frederick;
    (iv) Montgomery;
    (v) Prince Georges;
    (vi) Queen Anne's; and
    (vii) Kent;
    (7) The entire State of Massachusetts;
    (8) The following New Hampshire counties:
    (i) Strafford;
    (ii) Merrimack;
    (iii) Hillsborough; and
    (iv) Rockingham;

[[Page 655]]

    (9) The following New Jersey counties:
    (i) Atlantic;
    (ii) Cape May; and
    (iii) Warren;
    (10) The following New York counties:
    (i) Dutchess;
    (ii) The portion of Essex County that consists of the portion of 
Whiteface Mountain above 4,500 feet in elevation.
    (11) The entire State of Rhode Island;
    (12) The following Texas counties: and
    (i) Collin;
    (ii) Dallas;
    (iii) Denton; and
    (iv) Tarrant;
    (13) The following Virginia areas:
    (i) Alexandria;
    (ii) Arlington County;
    (iii) Fairfax;
    (iv) Fairfax County;
    (v) Falls Church;
    (vi) Loudoun County;
    (vii) Manassas;
    (viii) Manassas Park;
    (ix) Prince William County;
    (x) Stafford County;
    (xi) Charles City County;
    (xii) Chesterfield County;
    (xiii) Colonial Heights;
    (xiv) Hanover County;
    (xv) Henrico County;
    (xvi) Hopewell;
    (xvii) Richmond;
    (xviii) Chesapeake;
    (xix) Hampton;
    (xx) James City County;
    (xxi) Newport News;
    (xxii) Norfolk;
    (xxiii) Poquoson;
    (xxiv) Portsmouth;
    (xxv) Suffolk;
    (xxvi) Virginia Beach;
    (xxvii) Williamsburg; and
    (xxviii) York County.
    (k) The ozone nonattainment areas included in this paragraph (k) 
have opted into the reformulated gasoline program since the beginning of 
the program, and are covered areas for purposes of subparts D, E, and F 
of this part. The geographic extent of each covered area listed in this 
paragraph (k) shall be the nonattainment area boundaries as specified in 
40 CFR part 81, subpart C.
    (1) The St. Louis, Missouri, ozone nonattainment area is a covered 
area beginning June 1, 1999. The prohibitions of section 211(k)(5) of 
the Clean Air Act apply to all persons in the St. Louis, Missouri, 
covered area, other than retailers and wholesale purchaser-consumers, 
beginning May 1, 1999. The prohibitions of section 211(k)(5) of the 
Clean Air Act apply to retailers and wholesale purchase-consumers in the 
St. Louis, Missouri, area beginning June 1, 1999.
    (2) [Reserved]
    (l) Upon the effective date for removal of any opt-in area or 
portion of an opt-in area included in an approved petition under 
Sec. 80.72(a), the geographic area covered by such approval shall no 
longer be considered a covered area for purposes of subparts D, E, and F 
of this part.
    (m) Effective one year after an area has been reclassified as a 
Severe ozone nonattainment area under section 181(b) of the Clean Air 
Act, such Severe area shall also be a covered area under the 
reformulated gasoline program. The ozone nonattainment areas included in 
this paragraph (m) were reclassified as Severe ozone nonattainment 
areas, and are covered areas for purposes of subparts D, E, and F of 
this part. The geographic extent of each covered area listed in this 
paragraph (m) shall be the nonattainment area boundaries as specified in 
40 CFR part 81, subpart C.
    (1) The Sacramento, California, ozone nonattainment area, was 
redesignated as a Severe ozone nonattainment area effective June 1, 
1995, and is a covered area for purposes of subparts D, E, and F of this 
part beginning on June 1, 1996.
    (2) The San Joaquin Valley, California, ozone nonattainment area was 
redesignated as a Severe ozone nonattainment area effective December 10, 
2001, and is a covered area for purposes of subparts D, E, and F of this 
part beginning on December 10, 2002.

[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36964, July 20, 1994; 60 
FR 2699, Jan 11, 1995; 60 FR 35491, July 10, 1995; 61 FR 35680, July 8, 
1996; 62 FR 30270, June 3, 1997; 63 FR 43049, Aug. 11, 1998; 63 FR 
52104, Sept. 29, 1998; 64 FR 10371, Mar. 3, 1999; 67 FR 38403, June 4, 
2002]

[[Page 656]]