[Code of Federal Regulations]
[Title 40, Volume 16]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR80.72]

[Page 716-717]
 
                   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;
    (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,

[[Page 717]]

    (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 
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]