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(continued)
proposed to be prohibited.
(3)(A) For the purpose of obtaining evidence and data to carry
out paragraph (2), the Administrator may require the manufacturer
of any motor vehicle or motor vehicle engine to furnish any
information which has been developed concerning the emissions
from motor vehicles resulting from the use of any fuel or fuel
additive, or the effect of such use on the performance of any
emission control device or system.
(B) In obtaining information under subparagraph (A), section
307 (a) (relating to subpoenas) shall be applicable.
(4)(A) Except as otherwise provided in subparagraph (B) or (C),
no State (or political subdivision thereof) may prescribe or
attempt to enforce, for the purposes of motor vehicle emission
control, any control or prohibition respecting any characteristic
or component of a fuel or fuel additive in a motor vehicle or
motor vehicle engine-
(i) if the Administrator has found that no control or
prohibition of the characteristic or component of a fuel or
fuel additive under paragraph (1) is necessary and has
published his finding in the Federal Register, or
(ii) if the Administrator has prescribed under paragraph
(1) a control or prohibition applicable to such characteris-
tic or component of a fuel or fuel additive, unless State


249


prohibition or control is identical to the prohibition or
control prescribed by the Administrator.
(B) Any State for which application of section 209(a) has at
any time been waived under section 209(b) may at any time
prescribe and enforce, for the purpose of motor vehicle emission
control, a control or prohibition respecting any fuel or fuel
additive.
(C) A State may prescribe and enforce, for purposes of motor
vehicle emission control, a control or prohibition respecting the
use of a fuel or fuel additive in a motor vehicle or motor
vehicle engine if an applicable implementation plan for such
State under section 110 so provides. The Administrator may
approve such provision in an implementation plan, or promulgate
an implementation plan containing such a provision, only if he
finds that the State control or prohibition is necessary to
achieve the national primary or secondary ambient air quality
standard which the plan implements. The Administrator may find
that a State control or prohibition is necessary to achieve that
standard if no other measures that would bring about timely
attainment exist, or if
other measures exist and are technically possible to implement,
but are unreasonable or impracticable. The Administrator may make
a finding of necessity under this subparagraph even if the plan
for the area does not contain an approved demonstration of timely
attainment.
(d) Penalties and Injunctions.-
(1) Civil penalties.-Any person who violates subsection
(a), (f), (g), (k), (l), (m), or (n) of this section or the
regulations prescribed under subsection (c), (h), (i), (k),
(l), (m), or (n) of this section or who fails to furnish any
information or conduct any tests required by the Administra-
tor under subsection (b) of this section shall be liable to
the United States for a civil penalty of not more than the
sum of $25,000 for every day of such violation and the
amount of economic benefit or savings resulting from the
violation. Any violation with respect to a regulation
prescribed under subsection (c), (k), (l), or (m) of this
section which establishes a regulatory standard based upon a
multiday averaging period shall constitute a separate day of
violation for each and every day in the averaging period.
Civil penalties shall be assessed in accordance with
subsections (b) and (c) of section 205.
(2) Injunctive authority.-The district courts of the
United States shall have jurisdiction to restrain violations
of subsections (a), (f), (g), (k), (l), (m), and (n) of this
section and of the regulations prescribed under subsections
(c), (h), (i), (k), (l), (m), and (n) of this section, to
award other appropriate relief, and to compel the furnishing
of information and the conduct of tests required by the
Administrator under subsection (b) of this section. Actions
to restrain such violations and compel such actions shall be
brought by and in the name of the United States. In any such
action, subpoenas for witnesses who are required to attend a
district court in any district may run into any other dis-
trict.
(e)(1) Not later than one year after the date of enactment of
this subsection and after notice and opportunity for a public
hearing, the Administrator shall promulgate regulations which

250


implement the authority under subsection (b)(2) (A) and (B) with
respect to each fuel or fuel additive which is registered on the
date of promulgation of such regulations and with respect to each
fuel or fuel additive for which an application for registration
is filed thereafter.
(2) Regulations under subsection (b) to carry out this subsec-
tion shall require that the requisite information be provided to
the Administrator by each such manufacturer-
(A) prior to registration, in the case of any fuel or fuel
additive which is not registered on the date of promulgation
of such regulations; or
(B) not later than three years after the date of promulga-
tion of such regulations, in the case of any fuel or fuel
additive which is registered on such date.
(3) In promulgating such regulations, the Administrator may-
(A) exempt any small business (as defined in such
regulations) from or defer or modify the requirements of,
such regulations with respect to any such small business;
(B) provide for cost-sharing with respect to the
testing of any fuel or fuel additive which is manufactured
or processed by two or more persons or otherwise provide
for shared responsibility to meet the requirements of this
section without duplication; or
(C) exempt any person from such regulations with
respect to a particular fuel or fuel additive upon a
finding that any additional testing of such fuel or fuel
additive would be duplicative of adequate existing
testing.
(f)(1)(A) Effective upon March 31, 1977, it shall be unlawful
for any manufacturer of any fuel or fuel additive to first
introduce into commerce, or to increase the concentration in use
of, any fuel or fuel additive for general use in light duty motor
vehicles manufactured after model year 1974 which is not substan-
tially similar to any fuel or fuel additive utilized in the
certification of any model year 1975, or subsequent model year,
vehicle or engine under section 206.
(B) Effective upon the date of the enactment of the Clean Air
Act Amendments of 1990, it shall be unlawful for any manufacturer
of any fuel or fuel additive to first introduce into commerce, or
to increase the concentration in use of, any fuel or fuel
additive for use by any person in motor vehicles manufactured
after model year 1974 which is not substantially similar to any
fuel or fuel additive utilized in the certification of any model
year 1975, or subsequent model year, vehicle or engine under
section 206.
(2) Effective November 30, 1977, it shall be unlawful for any
manufacturer of any fuel to introduce into commerce any gasoline
which contains a concentration of manganese in excess of.0625
grams per gallon of fuel, except as otherwise provided pursuant
to a waiver under paragraph (4).
(3) Any manufacturer of any fuel or fuel additive which prior
to March 31, 1977, and after January 1, 1974, first introduced
into commerce or increased the concentration in use of a fuel or
fuel additive that would otherwise have been prohibited under
paragraph (1)(A) if introduced on or after March 31, 1977 shall,
not later than September 15, 1978, cease to distribute such fuel
or fuel additive in commerce. During the period beginning 180
days after the date of the enactment of this subsection and

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before September 15, 1978, the Administrator shall prohibit, or
restrict the concentration of any fuel additive which he
determines will cause or contribute to the failure of an emission
control device or system (over the useful life of any vehicle in
which such device or system is used) to achieve compliance by the
vehicle with the emission standards with respect to which it has
been certified under section 206.
(4) The Administrator, upon application of any manufacturer of
any fuel or fuel additive, may waive the prohibitions established
under paragraph (1) or (3) of this subsection or the limitation
specified in paragraph (2) of this subsection, if he determines
that the applicant has established that such fuel or fuel
additive or a specified concentration thereof, and the emission
products of such fuel or additive or specified concentration
thereof, will not cause or contribute to a failure of any
emission control device or system (over the useful life of any
vehicle in which such device or system is used) to achieve
compliance by the vehicle with the
emission standards with respect to which it has been certified
pursuant to section 206. If the Administrator has not acted to
grant or deny an application under this paragraph within one
hundred and eighty days of receipt of such application, the
waiver authorized by this paragraph shall be treated as granted.
(5) No action of the Administrator under this section may be
stayed by any court pending judicial review of such action.
(g) Misfueling.-(1) No person shall introduce, or cause or
allow the introduction of, leaded gasoline into any motor vehicle
which is labeled "unleaded gasoline only," which is equipped with
a gasoline tank filler inlet designed for the introduction of
unleaded gasoline, which is a 1990 or later model year motor
vehicle, or which such person knows or should know is a vehicle
designed solely for the use of unleaded gasoline.
(2) Beginning October 1, 1993, no person shall introduce or
cause or allow the introduction into any motor vehicle of diesel
fuel which such person knows or should know contains a concentra-
tion of sulfur in excess of 0.05 percent (by weight) or which
fails to meet acetane index minimum of 40 or such equivalent
alternative aromatic level as prescribed by the Administrator
under subsection (i)(2).
(h) Reid Vapor Pressure Requirements.-
(1) Prohibition.-Not later than 6 months after the date of
the enactment of the Clean Air Act Amendments of 1990, the
Administrator shall promulgate regulations making it
unlawful for any person during the high ozone season (as
defined by the Administrator) to sell, offer for sale,
dispense, supply, offer for supply, transport, or introduce
into commerce gasoline with a Reid Vapor Pressure in excess
of 9.0 pounds per square inch (psi). Such regulations shall
also establish more stringent Reid Vapor Pressure standards
in a nonattainment area as the Administrator finds necessary
to generally achieve comparable evaporative emissions (on a
per-vehicle basis) in nonattainment areas, taking into
consideration the enforceability of such standards, the need
of an area for emission control, and economic factors.


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(2) Attainment areas.-The regulations under this
subsection shall not make it unlawful for any person to
sell, offer for supply, transport, or introduce into
commerce gasoline with a Reid Vapor Pressure of 9.0 pounds
per square inch (psi) or lower in any area designated under
section 107 as an attainment area. Notwithstanding the
preceding sentence, the Administrator may impose a Reid
vapor pressure requirement lower than 9.0 pounds per square
inch (psi) in any area, formerly an ozone nonattainment
area, which has been redesignated as an attainment area.
(3) Effective date; enforcement.-The regulations under
this subsection shall provide that the requirements of this
subsection shall take effect not later than the high ozone
season for 1992, and shall include such provisions as the
Administrator determines are necessary to implement and
enforce the requirements of this subsection.
(4) Ethanol waiver.- For fuel blends containing gasoline
and 10 percent denatured anhydrous ethanol, the Reid vapor
pressure limitation under this subsection shall be one pound
per square inch (psi) greater than the applicable Reid vapor
pressure limitations established under paragraph (1);
Provided, however, That a distributor, blender, marketer,
reseller, carrier, retailer, or wholesale purchaser-consumer
shall be deemed to be in full compliance with the provisions
of this subsection and the regulations promulgated
thereunder if it can demonstrate (by showing receipt of a
certification or other evidence acceptable to the
Administrator) that-
(A) the gasoline portion of the blend complies with
the Reid vapor pressure limitations promulgated
pursuant to this subsection;
(B) the ethanol portion of the blend does not exceed
its waiver condition under subsection (f)(4); and
(C) no additional alcohol or other additive has been
added to increase the Reid Vapor Pressure of the
ethanol portion of the blend.
(5) Areas covered.-The provisions of this subsection shall
apply only to the 48 contiguous States and the District of
Columbia.
(i) Sulfur Content Requirements for Diesel Fuel.-(1) Effective
October 1, 1993, no person shall manufacture, sell, supply, offer
for sale or supply, dispense, transport, or introduce into
commerce motor vehicle diesel fuel which contains a concentration
of sulfur in excess of 0.05 percent (by weight) or which fails to
meet a cetane index minimum of 40.
(2) Not later than 12 months after the date of the enactment of
the Clean Air Act Amendments of 1990, the Administrator shall
promulgate regulations to implement and enforce the requirements
of paragraph (1). The Administrator may require manufacturers and
importers of diesel fuel not intended for use in motor vehicles
to dye such fuel in a particular manner in order to segregate it
from motor vehicle diesel fuel. The Administrator may establish
an equivalent alternative aromatic level to the cetane index
specification in paragraph (1).


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(3) The sulfur content of fuel required to be used in the
certification of 1991 through 1993 model year heavy-duty diesel
vehicles and engines shall be 0.10 percent (by weight). The
sulfur content and cetane index minimum of fuel required to be
used in the certification of 1994 and later model year heavy-duty
diesel vehicles and engines shall comply with the regulations
promulgated under paragraph (2).
(4) The States of Alaska and Hawaii may be exempted from the
requirements of this subsection in the same manner as provided in
section 324. The Administrator shall take final action on any
petition filed under section 324 or this paragraph for an
exemption from the requirements of this subsection, within 12
months from the date of the petition.
(j) Lead Substitute Gasoline Additives.-(1) After the date of
the enactment of the Clean Air Act Amendments of 1990, any person
proposing to register any gasoline additive under subsection
(a) or to use any previously registered additive as a lead
substitute may also elect to register the additive as a lead
substitute gasoline additive for reducing valve seat wear by
providing the Administrator with such relevant information
regarding product identity and composition as the Administrator
deems necessary for carrying out the responsibilities of
paragraph (2) of this subsection (in addition to other
information which may be required under subsection (b)).
(2) In addition to the other testing which may be required under
subsection (b), in the case of the lead substitute gasoline
additives referred to in paragraph (1), the Administrator shall
develop and publish a test procedure to determine the additives'
effectiveness in reducing valve seat wear and the additives'
tendencies to produce engine deposits and other adverse side
effects. The test procedures shall be developed in cooperation
with the Secretary of Agriculture and with the input of additive
manufacturers, engine and engine components manufacturers, and
other interested persons. The Administrator shall enter into
arrangements with an independent laboratory to conduct tests of
each additive using the test procedures developed and published
pursuant to this paragraph. The Administrator shall publish the
results of the tests by company and additive name in the Federal
Register along with, for comparison purposes, the results of
applying the same test procedures to gasoline containing 0.1 gram
of lead per gallon in lieu of the lead substitute gasoline
additive. The Administrator shall not rank or otherwise rate the
lead substitute additives. Test procedures shall be established
within 1 year after the date of the enactment of the Clean Air
Act Amendments of 1990. Additives shall be tested within 18
months of the date of the enactment of the Clean Air Act
Amendments of 1990 or 6 months after the lead substitute
additives are identified to the Administrator, whichever is
later.
(3) The Administrator may impose a user fee to recover the
costs of testing of any fuel additive referred to in this
subsection. The fee shall be paid by the person proposing to
register the fuel additive concerned. Such fee shall not exceed
$20,000 for a single fuel additive.


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(4) There are authorized to be appropriated to the
Administrator not more than $1,000,000 for the second full fiscal
year after the date of the enactment of the Clean Air Act
Amendments of 1990 to establish test procedures and conduct
engine tests as provided in this subsection. Not more than
$500,000 per year is authorized to be appropriated for each of
the 5 subsequent fiscal years.
(5) Any fees collected under this subsection shall be deposited
in a special fund in the United States Treasury for licensing and
other services which thereafter shall be available for appropria-
tion, to remain available until expended, to carry out the
Agency's activities for which the fees were collected.
(k) Reformulated Gasoline for Conventional Vehicles.-
(1) EPA regulations.-Within 1 year after the enactment of
the Clean Air Act Amendments of 1990, the Administrator
shall promulgate regulations under this section establishing
requirements for reformulated gasoline to be used in gasol-
inefueled vehicles in specified nonattainment areas. Such
regulations shall require the greatest reduction in
emissions
of ozone forming volatile organic compounds (during the high
ozone season) and emissions of toxic air pollutants (during
the entire year) achievable through the reformulation of
conventional gasoline, taking into consideration the cost of
achieving such emission reductions, any nonair-quality and
other air-quality related health and environmental impacts
and energy requirements.
2) General requirements.- The regulations referred to in
paragraph (1) shall require that reformulated gasoline
comply with paragraph (3) and with each of the following
requirements (subject to paragraph (7)):
(A) NOx emissions.- The emissions of oxides of nitro-
gen (NOx ) from baseline vehicles when using the refor-
mulated gasoline shall be no greater than the level of
such emissions from such vehicles when using baseline
gasoline. If the Administrator determines that compli-
ance with the limitation on emissions of oxides of
nitrogen under the preceding sentence is technically
infeasible, considering the other requirements applica-
ble under this subsection to such gasoline, the
Administrator may, as appropriate to ensure compliance
with this subparagraph, adjust (or waive entirely), any
other requirements of this paragraph (including the
oxygen content requirement contained in subparagraph
(B)) or any requirements applicable under paragraph
(3)(A).
(B) Oxygen content.- The oxygen content of the
gasoline shall equal or exceed 2.0 percent by weight
(subject to a testing tolerance established by the
Administrator) except as otherwise required by this
Act. The Administrator may waive, in whole or in part,
the application of this subparagraph for any ozone
nonattainment area upon a determination by the Adminis-
trator that compliance with such requirement would


255





prevent or interfere with the attainment by the area of
a national primary ambient air quality standard.
(C) Benzene content.- The benzene content of the
gasoline shall not exceed 1.0 percent by volume.
(D) Heavy metals.- The gasoline shall have no heavy
metals, including lead or manganese. The Administrator
may waive the prohibition contained in this
subparagraph for a heavy metal (other than lead) if the
Administrator determines that addition of the heavy
metal to the gasoline will not increase, on an
aggregate mass or cancer-risk basis, toxic air
pollutant emissions from motor vehicles.
(3) More stringent of formula or performance standards.-
The regulations referred to in paragraph (1) shall require
compliance with the more stringent of either the
requirements set forth in subparagraph (A) or the
requirements of subparagraph (B) of this paragraph. For
purposes of determining the more stringent provision, clause
(i) and clause (ii) of subparagraph (B) shall be considered
independently.
(A) Formula.-
(i) Benzene.- The benzene content of the reformu-
lated gasoline shall not exceed 1.0 percent by
volume.
(ii) Aromatics.- The aromatic hydrocarbon content
of the reformulated gasoline shall not exceed 25
percent by volume.
(iii) Lead.- The reformulated gasoline shall have
no lead content.
(iv) Detergents.- The reformulated gasoline shall
contain additives to prevent the accumulation of
deposits in engines or vehicle fuel supply systems.
(v) Oxygen content.- The oxygen content of the
reformulated gasoline shall equal or exceed 2.0
percent by weight (subject to a testing tolerance
established by the Administrator) except as otherwise
required by this Act.
(B) Performance standard.-
(i) VOC emissions.- During the high ozone season
(as defined by the Administrator), the aggregate
emissions of ozone forming volatile organic compounds
from baseline vehicles when using the reformulated
gasoline shall be 15 percent below the aggregate
emissions of ozone forming volatile organic compounds
from such vehicles when using baseline gasoline.
Effective in calendar year 2000 and thereafter, 25
percent shall be substituted for 15 percent in
applying this clause, except that the Administrator
may adjust such 25 percent requirement to provide for
a lesser or greater reduction based on technological
feasibility, considering the cost of achieving such
reductions in VOC emissions. No such adjustment shall
provide for less than a 20 percent reduction below
the aggregate emissions of such air pollutants from
such vehicles when using baseline gasoline. The

256





reductions required under this clause shall be on a
mass basis.
(ii) Toxics.- During the entire year, the
aggregate emissions of toxic air pollutants from
baseline vehicles when using the reformulated
gasoline shall be 15 percent below the aggregate
emissions of toxic air pollutants from such vehicles
when using baseline gasoline. Effective in calendar
year 2000 and thereafter, 25 percent shall be
substituted for 15 percent in applying this clause,
except that the Administrator may adjust such 25
percent requirement to provide for a lesser or
greater reduction based on technological feasibility,
considering the cost of achieving such reductions in
toxic air pollutants. No such adjustment shall
provide for less than a 20 percent reduction below
the aggregate emissions of such air pollutants from
such vehicles when using baseline gasoline. The
reductions required under this clause shall be on a
mass basis.
Any reduction greater than a specific percentage reduction
required under this subparagraph shall be treated as
satisfying such percentage reduction requirement.
(4) Certification procedures.-
(A) Regulations.- The regulations under this subsec-
tion shall include procedures under which the Adminis-
trator shall certify reformulated gasoline as complying
with the requirements established pursuant to this
subsection. Under such regulations, the Administrator
shall establish procedures for any person to petition
the Administrator to certify a fuel formulation, or
slate of fuel formulations. Such procedures shall
further require that the Administrator shall approve or
deny such petition within 180 days of receipt. If the
Administrator fails to act within such 180-day period,
the fuel shall be deemed certified until the
Administrator completes action on the petition.
(B) Certification; equivalency.- The Administrator
shall certify a fuel formulation or slate of fuel
formulations as complying with this subsection if such
fuel or fuels-
(i) comply with the requirements of paragraph
(2), and
(ii) achieve equivalent or greater reductions in
emissions of ozone forming volatile organic com-
pounds and emissions of toxic air pollutants than
are achieved by a reformulated gasoline meeting
the applicable requirements of paragraph (3).
(C) EPA determination of emissions level.- Within 1
year after the enactment of the Clean Air Act
Amendments of 1990, the Administrator shall determine
the level of emissions of ozone forming volatile
organic compounds and emissions of toxic air pollutants
emitted by baseline vehicles when operating on baseline
gasoline. For purposes of this subsection, within 1

257


year after the enactment of the Clean Air Act
Amendments of 1990, the Administrator shall, by rule,
determine appropriate measures of, and methodology for,
ascertaining the emissions of air pollutants (including
calculations, equipment, and testing tolerances).
(5) Prohibition.- Effective beginning January 1, 1995,
each of the following shall be a violation of this
subsection:
(A) The sale or dispensing by any person of conven-
tional gasoline to ultimate consumers in any covered
area.
(B) The sale or dispensing by any refiner, blender,
importer, or marketer of conventional gasoline for
resale in any covered area, without (i) segregating
such gasoline from reformulated gasoline, and (ii)
clearly marking such conventional gasoline as "conven-
tional gasoline, not for sale to ultimate consumer in a
covered area".
Any refiner, blender, importer or marketer who purchases
property segregated and marked conventional gasoline, and
thereafter labels, represents, or wholesales such gasoline
as reformulated gasoline shall also be in violation of
this subsection. The Administrator may impose sampling,
testing, and recordkeeping requirements upon any refiner,
blender, importer, or marketer to prevent violations of
this section.
(6) Opt-in areas.- (A) Upon the application of the
Governor of a State, the Administrator shall apply the
prohibition set forth in paragraph (5) in any area in the
State classified under subpart 2 of part D of title I as a
Marginal, Moderate, Serious, or Severe Area (without regard
to whether or not the 1980 population of the area exceeds
250,000). In any such case, the Administrator shall
establish an effective date for such prohibition as he deems
appropriate, not later than January 1, 1995, or 1 year after
such application is received, whichever is later. The
Administrator shall publish such application in the Federal
Register upon receipt.
(B) If the Administrator determines, on the
Administrator's own motion or on petition of any person,
after consultation with the Secretary of Energy, that there
is insufficient domestic capacity to produce gasoline
certified under this subsection, the Administrator shall, by
rule, extend the effective date of such prohibition in
Marginal, Moderate, Serious, or Severe Areas referred to in
subparagraph (A) for one additional year, and may, by rule,
renew such extension for 2 additional one-year periods. The
Administrator shall act on any petition submitted under this
paragraph within 6 months after receipt of the petition. The
Administrator shall issue such extensions for areas with a
lower ozone classification before issuing any such extension
for areas with a higher classification.
(7) Credits.- (A) The regulations promulgated under this
subsection shall provide for the granting of an appropriate
amount of credits to a person who refines, blends, or
imports and certifies a gasoline or slate of gasoline that-
(i) has an oxygen content (by weight) that exceeds
the minimum oxygen content specified in paragraph (2);

258


(ii) has an aromatic hydrocarbon content (by volume)
that is less than the maximum aromatic hydrocarbon
content required to comply with paragraph (3); or
(iii) has a benzene content (by volume) that is less
than the maximum benzene content specified in paragraph
(2).
(B) The regulations described in subparagraph (A) shall
also provide that a person who is granted credits may use
such credits, or transfer all or a portion of such credits
to another person for use within the same nonattainment
area, for the purpose of complying with this subsection.
(C) The regulations promulgated under subparagraphs (A)
and (B) shall ensure the enforcement of the requirements for
the issuance, application, and transfer of the credits. Such
regulations shall prohibit the granting or transfer of such
credits for use with respect to any gasoline in a nonattain-
ment area, to the extent the use of such credits would
result in any of the following:
(i) An average gasoline aromatic hydrocarbon content
(by volume) for the nonattainment (taking into account
all gasoline sold for use in conventional gasoline--
fueled vehicles in the nonattainment area) higher than
the average fuel aromatic hydrocarbon content (by
volume) that would occur in the absence of using any
such credits.
(ii) An average gasoline oxygen content (by weight)
for the nonattainment area (taking into account all
gasoline sold for use in conventional gasoline-fueled
vehicles in the nonattainment area) lower than the
average gasoline oxygen content (by weight) that would
occur in the absence of using any such credits.
(iii) An average benzene content (by volume) for the
nonattainment area (taking into account all gasoline
sold for use in conventional gasoline-fueled vehicles
in the nonattainment area) higher than the average
benzene content (by volume) that would occur in the
absence of using any such credits.
(8) Anti-dumping rules.-
(A) In general.- Within 1 year after the enactment of
the Clean Air Act Amendments of 1990, the Administrator
shall promulgate regulations applicable to each
refiner, blender, or importer of gasoline ensuring that
gasoline sold or introduced into commerce by such
refiner, blender, or importer (other than reformulated
gasoline subject to the requirements of paragraph (1))
does not result in average per gallon emissions
(measured on a mass basis) of (i) volatile organic
compounds, (ii) oxides of nitrogen, (iii) carbon
monoxide, and (iv) toxic air pollutants in excess of
such emissions of such pollutants attributable to
gasoline sold or introduced into commerce in calendar
year 1990 by that refiner, blender, or importer. Such
regulations shall take effect beginning January 1,
1995.
(B) Adjustments.- In evaluating compliance with the
requirements of subparagraph (A), the Administrator
shall make appropriate adjustments to insure that no
credit is provided for improvement in motor vehicle

259


emissions control in motor vehicles sold after the
calendar year 1990.
(C) Compliance determined for each pollutant indepen-
dently.- In determining whether there is an increase in
emissions in violation of the prohibition contained in
subparagraph (A) the Administrator shall consider an
increase in each air pollutant referred to in clauses
(i) through (iv) as a separate violation of such
prohibition, except that the Administrator shall
promulgate regulations to provide that any increase in
emissions of oxides of nitrogen resulting from adding
oxygenates to gasoline may be offset by an equivalent
or greater reduction (on a mass basis) in emissions of
volatile organic compounds, carbon monoxide, or toxic
air pollutants, or any combination of the foregoing.
(D) Compliance period.- The Administrator shall
promulgate an appropriate compliance period or
appropriate compliance periods to be used for assessing
compliance with the prohibition contained in
subparagraph (A).
(E) Baseline for determining compliance.- If the
Administrator determines that no adequate and reliable
data exists regarding the composition of gasoline sold
or introduced into commerce by a refiner, blender, or
importer in calendar year 1990, for such refiner,
blender, or importer, baseline gasoline shall be
substituted for such 1990 gasoline in determining
compliance with subparagraph (A).
(9) Emissions from entire vehicle.- In applying the
requirements of this subsection, the Administrator shall
take into account emissions from the entire motor vehicle,
including evaporative, running, refueling, and exhaust
emissions.
(10) Definitions.- For purposes of this subsection-
(A) Baseline vehicles.- The term "baseline vehicles"
mean representative model year 1990 vehicles.
(B) Baseline gasoline.-
(i) Summertime.- The term "baseline gasoline"
means in the case of gasoline sold during the high
ozone period (as defined by the Administrator) a
gasoline which meets the following specifications:
BASELINE GASOLINE FUEL PROPERTIES
API Gravity . . . . . . . . . . 57.4
Sulfur, ppm . . . . . . . . . . . 339
Benzene, % . . . . . . . . . . . . 1.53
RVP, psi . . . . . . . . . . . . . 8.7
Octane, R+M/2 . . . . . . . . . . 87.3
IBP, F . . . . . . . . . . . . . . . 91
10%, F . . . . . . . . . . . . . . 128
50%, F . . . . . . . . . . . . . . 218
90%, F . . . . . . . . . . . . . . 330
End Point, F . . . . . . . . . . . 415
Aromatics, % . . . . . . . . . . . 32.0
Olefins, % . . . . . . . . . . . . 9.2
Saturates, % . . . . . . . . . . . 58.8
(ii) Wintertime.- The Administrator shall estab-
lish the specifications of "baseline gasoline" for
gasoline sold at times other than the high ozone

260


period (as defined by the Administrator). Such
specifications shall be the specifications of 1990
industry average gasoline sold during such period.
(C) Toxic air pollutants.- The term "toxic air
pollutants" means the aggregate emissions of the
following:
Benzene
1,3 Butadiene
Polycyclic organic matter (POM)
Acetaldehyde
Formaldehyde.
(D) Covered area.- The 9 ozone nonattainment areas
having a 1980 population in excess of 250,000 and having
the highest ozone design value during the period 1987
through 1989 shall be "covered areas" for purposes of this
subsection. Effective one year after the reclassification
of any ozone nonattainment area as a Severe ozone non-
attainment area under section 181(b), such Severe area
shall also be a "covered area" for purposes of this
subsection.
(E) Reformulated gasoline.- The term "reformulated
gasoline" means any gasoline which is certified by the
Administrator under this section as complying with this
subsection.
(F) Conventional gasoline.- The term "conventional gasoline"
means any gasoline which does not meet specifications set by a
certification under this subsection.
(l) Detergents.- Effective beginning January 1, 1995, no person
may sell or dispense to an ultimate consumer in the United
States, and no refiner or marketer may directly or indirectly
sell or dispense to persons who sell or dispense to ultimate
consumers in the United States any gasoline which does not
contain additives to prevent the accumulation of deposits in
engines or fuel supply systems. Not later than 2 years after the
date of the enactment of the Clean Air Act Amendments of 1990,
the Administrator shall promulgate a rule establishing
specifications for such additives.
(m) Oxygenated Fuels.-
(1) Plan revisions for co nonattainment areas.- (A) Each
State in which there is located all or part of an area which
is designated under title I as a nonattainment area for
carbon monoxide and which has a carbon monoxide design value
of 9.5 parts per million (ppm) or above based on data for
the 2-year period of 1988 and 1989 and calculated according
to the most recent interpretation methodology issued by the
Administrator prior to the enactment of the Clean Air Act
Amendments of 1990 shall submit to the Administrator a State
implementation plan revision under section 110 and part D of
title I for such area which shall contain the provisions
specified under this subsection regarding oxygenated gaso-
line.
(B) A plan revision which contains such provisions shall
also be submitted by each State in which there is located
any area which, for any 2-year period after 1989 has a
carbon monoxide design value of 9.5 ppm or above. The
revision shall be submitted within 18 months after such
2-year period.


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(2) Oxygenated gasoline in co nonattainment areas.- Each
plan revision under this subsection shall contain provisions
to require that any gasoline sold, or dispensed, to the
ultimate consumer in the carbon monoxide nonattainment area
or sold or dispensed directly or indirectly by fuel refiners
or marketers to persons who sell or dispense to ultimate
consumers, in the larger of-
(A) the Consolidated Metropolitan Statistical Area
(CMSA) in which the area is located, or
(B) if the area is not located in a CMSA, the Metro-
politan Statistical Area in which the area is located,
be blended, during the portion of the year in which the area
is prone to high ambient concentrations of carbon monoxide
to contain not less than 2.7 percent oxygen by weight
(subject to a testing tolerance established by the
Administrator). The portion of the year in which the area is
prone to high ambient concentrations of carbon monoxide
shall be as determined by the Administrator, but shall not
be less than 4 months. At the request of a State with
respect to any area designated as nonattainment for carbon
monoxide, the Administrator may reduce the period specified
in the preceding sentence if the State can demonstrate that
because of meteorological conditions, a reduced period will
assure that there will be no exceedances of the carbon
monoxide standard outside of such reduced period. For areas
with a carbon monoxide design value of 9.5 ppm or more of
the date of enactment of the Clean Air Act Amendments of
1990, the
revision shall provide that such requirement shall take
effect no later than November 1, 1992, (or at such other
date during 1992 as the Administrator establishes under the
preceding provisions of this paragraph). For other areas,
the revision shall provide that such requirement shall take
effect no later than November 1 of the third year after the
last year of the applicable 2-year period referred to in
paragraph (1) (or at such other date during such third year
as the Administrator establishes under the preceding provi-
sions of this paragraph) and shall include a program for
implementation and enforcement of the requirement consistent
with guidance to be issued by the Administrator.
(3) Waivers.- (A) The Administrator shall waive, in whole
or in part, the requirements of paragraph (2) upon a demon-
stration by the State to the satisfaction of the Administra-
tor that the use of oxygenated gasoline would prevent or
interfere with the attainment by the area of a national
primary ambient air quality standard (or a State or local
ambient air quality standard) for any air pollutant other
than carbon monoxide.
(B) The Administrator shall, upon demonstration by the
State satisfactory to the Administrator, waive the require-
ment of paragraph (2) where the Administrator determines
that mobile sources of carbon monoxide do not contribute
significantly to carbon monoxide levels in an area.
(C)(i) Any person may petition the Administrator to make a
finding that there is, or is likely to be, for any area, an

262





inadequate domestic supply of, or distribution capacity for,
oxygenated gasoline meeting the requirements of paragraph
(2) or fuel additives (oxygenates) necessary to meet such
requirements. The Administrator shall act on such petition
within 6 months after receipt of the petition.
(ii) If the Administrator determines, in response to a
petition under clause (i), that there is an inadequate
supply or capacity described in clause (i), the
Administrator shall delay the effective date of paragraph
(2) for 1 year. Upon petition, the Administrator may extend
such effective date for one additional year. No partial
delay or lesser waiver may be granted under this clause.
(iii) In granting waivers under this subparagraph the
Administrator shall consider distribution capacity
separately from the adequacy of domestic supply and shall
grant such waivers in such manner as will assure that, if
supplies of oxygenated gasoline are limited, areas having
the highest design value for carbon monoxide will have a
priority in obtaining oxygenated gasoline which meets the
requirements of paragraph (2).
(iv) As used in this subparagraph, the term distribution
capacity includes capacity for transportation, storage, and
blending.
(4) Fuel dispensing systems.- Any person selling
oxygenated gasoline at retail pursuant to this subsection
shall be required under regulations promulgated by the
Administrator to label the fuel dispensing system with a
notice that the
gasoline is oxygenated and will reduce the carbon monoxide
emissions from the motor vehicle.
(5) Guidelines for credit.- The Administrator shall
promulgate guidelines, within 9 months after the date of the
enactment of the Clean Air Act Amendments of 1990, allowing
the use of marketable oxygen credits from gasolines during
that portion of the year specified in paragraph (2) with
higher oxygen content than required to offset the sale or
use of gasoline with a lower oxygen content than required.
No credits may be transferred between nonattainment areas.
(6) Attainment areas.- Nothing in this subsection shall be
interpreted as requiring an oxygenated gasoline program in
an area which is in attainment for carbon monoxide, except
that in a carbon monoxide nonattainment area which is
redesignated as attainment for carbon monoxide, the
requirements of this subsection shall remain in effect to
the extent such program is necessary to maintain such
standard thereafter in the area.
(7) Failure to attain co standard.- If the Administrator
determines under section 186(b)(2) that the national primary
ambient air quality standard for carbon monoxide has not
been attained in a Serious Area by the applicable attainment
date, the State shall submit a plan revision for the area
within 9 months after the date of such determination. The
plan revision shall provide that the minimum oxygen content (continued)