[Code of Federal Regulations]

[Title 40, Volume 16]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR80.72]



[Page 691-693]

 

                   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.  80.72  Procedures for opting out of the covered areas.



    (a) In accordance with paragraph (b) of this section, the 

Administrator may approve a petition from a state asking for removal of 

any opt-in area, or portion of an opt-in area, from inclusion as a 

covered area under Sec.  80.70. If the Administrator approves a 

petition, he or she shall set an effective date as provided in paragraph 

(c) of this section. The Administrator shall notify the state in writing 

of the Agency's action on the petition and the effective date of the 

removal when the petition is approved.

    (b) To be approved under paragraph (a) of this section, a petition 

must be signed by the Governor of a State, or his or her authorized 

representative, and must include the following:

    (1) A geographic description of each opt-in area, or portion of each 

opt-in area, which is covered by the petition;

    (2) A description of all ways in which reformulated gasoline is 

relied upon as a control measure in any approved State or local 

implementation plan or plan revision, or in any submission to the Agency 

containing any proposed plan or plan revision (and any associated 

request for redesignation) that is pending before the Agency when the 

petition is submitted; and

    (3) For any opt-in areas covered by the petition for which 

reformulated gasoline is relied upon as a control measure as described 

under paragraph (b)(2) of this section, the petition shall include the 

following information:

    (i) Identify whether the State is withdrawing any such pending plan 

submission;

    (ii)(A) Identify whether the State intends to submit a revision to 

any such approved plan provision or pending plan submission that does 

not rely on reformulated gasoline as a control measure, and describe the 

alternative air quality measures, if any, that the State plans to use to 

replace reformulated gasoline as a control measure;

    (B) A description of the current status of any proposed revision to 

any such approved plan provision or pending plan submission, as well as 

a projected schedule for submission of such proposed revision;



[[Page 692]]



    (iii) If the State is not withdrawing any such pending plan 

submission and does not intend to submit a revision to any such approved 

plan provision or pending plan submission, describe why no revision is 

necessary;

    (iv) If reformulated gasoline is relied upon in any pending plan 

submission, other than as a contingency measure consisting of a future 

opt-in, and the Agency has found such pending plan submission complete 

or made a protectiveness finding under 40 CFR 51.448 and 93.128, 

demonstrate whether the removal of the reformulated gasoline program 

will affect the completeness and/or protectiveness determinations;

    (4) The Governor of a State, or his or her authorized 

representative, shall submit additional information upon request of the 

Administrator,

    (c)(1) For opt-out petitions received on or before December 31, 

1997, except as provided in paragraphs (c)(2) and (c)(3) of this 

section, the Administrator shall set an effective date for removal of an 

area under paragraph (a) of this section as requested by the Governor, 

but no less than 90 days from the Agency's written notification to the 

state approving the opt-out petition, and no later than December 31, 

1999.

    (2) For opt-out petitions received on or before December 31, 1997, 

except as provided in paragraph (c)(3) of this section, where RFG is 

contained as an element of any plan or plan revision that has been 

approved by the Agency, other than as a contingency measure consisting 

of a future opt-in, then the effective date under paragraph (a) of this 

section shall be the date requested by the Governor, but no less than 90 

days from the effective date of Agency approval of a revision to the 

plan that removes RFG as a control measure.

    (3)(i) The Administrator may extend the deadline for submitting opt-

out petitions in paragraphs (c)(1) and (2) of this section for a state 

if:

    (A) The Governor or his authorized representative requests an 

extension prior to December 31, 1997;

    (B) The request indicates that there is active or pending 

legislation before the state legislature that was introduced prior to 

March 28, 1997;

    (C) The legislation is concerning opting out of or remaining in the 

reformulated gasoline program; and

    (D) The request demonstrates that the legislation cannot reasonably 

be acted upon prior to December 31, 1997.

    (ii) The Administrator may extend the deadline until no later than 

May 31, 1998. If the deadline is extended, then opt-out requests from 

that state received during the extension shall be considered under the 

provisions of paragraphs (c)(1) and (2) of this section.

    (4) For opt-out petitions received January 1, 1998 through December 

31, 2003, except as provided in paragraph (c)(5) of this section, the 

Administrator shall set an effective date for removal of an area under 

paragraph (a) of this section as requested by the Governor but no 

earlier than January 1, 2004 or 90 days from the Agency's written 

notification to the state approving the opt-out petition, whichever date 

is later.

    (5) For opt-out petitions received January 1, 1998 through December 

31, 2003, where RFG is contained as an element of any plan or plan 

revision that has been approved by the Agency, other than as a 

contingency measure consisting of a future opt-in, then the effective 

date for removal of an area under paragraph (a) of this section shall be 

the date requested by the Governor, but no earlier than January 1, 2004, 

or 90 days from the effective date of Agency approval of a revision to 

the plan that removes RFG as a control measure, whichever date is later.

    (6) For opt-out petitions received on or after January 1, 2004, 

except as provided in paragraph (c)(7) of this section, the 

Administrator shall set an effective date for removal of an area as 

requested by the Governor, but no less than 90 days from the Agency's 

written notification to the state approving the opt-out petition.

    (7) For opt-out petitions received on or after January 1, 2004, 

where RFG is contained as an element of any plan or plan revision that 

has been approved by the Agency, other than as a contingency measure 

consisting of a future opt-in, then the effective date for removal of an 

area under paragraph (a) of this section shall be the date requested by 

the Governor, but no less than 90 days from the effective date of Agency



[[Page 693]]



approval of a revision to the plan that removes RFG as a control 

measure.

    (d) The Administrator shall publish a notice in the Federal Register 

announcing the approval of any petition under paragraph (a) of this 

section, and the effective date for removal.



[61 FR 35680, July 8, 1996, as amended at 62 FR 54558, Oct. 20, 1997]