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Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Rules and Regulations
prohibition in section 211k5 on the sale or dispensing by any person of conventional non-RFG gasoline to ultimate consumers in the covered area.
The prohibition also includes the sale or dispensing by any refiner, blender, importer, or marketer of conventional gasoline for resale in any covered areas, without segregating the conventional gasoline from RFG and clearly marking conventional gasoline as not for sale to ultimate consumers in a covered area.
EPA first published regulations for the B. How can I get copies of this document RFG program on February 16, 1994 59
and other related information?
FR 7716.
On July 23, 2013, the Governor of EPA has established a docket for this Maine formally requested, pursuant to action under Docket ID No. EPAHQ
CAA section 211k6B, that the U.S.
OAR20210243. All documents in the Environmental Protection Agency EPA
docket are listed on the www.regulations.gov website. Although extend the requirement for the sale of RFG to the Southern Maine Area listed in the index, some information beginning on May 1, 2014. The Maine may not be publicly available, e.g., Confidential Business Information CBI legislature subsequently enacted an or other information whose disclosure is emergency law, Public Law 2013 c.452, effective March 6, 2014, to postpone the restricted by statute. Certain other requirement for the sale of RFG in the material, such as copyrighted material, is not placed on the internet and will be Southern Maine Area until June 1, 2015.
Pursuant to that legislation, the publicly available only in hard copy Commissioner of the Maine DEP
form. Publicly available docket submitted a request to the EPA on materials are available electronically March 10, 2014, modifying Maines through www.regulations.gov.
request for the implementation date for II. Background the sale of RFG in the Southern Maine Area to coincide with the new June 1, A. What is the Federal RFG program?
2015 effective date. A current listing of The 1990 CAA Amendments CAA
the RFG covered areas and a summary established specific requirements for the of RFG requirements can be found on Federal RFG program to reduce ozone EPAs website at: https www.epa.gov/
levels in certain areas in the country gasoline-standards/reformulatedexperiencing ground-level ozone or gasoline.
smog problems by reducing vehicle B. RFG Opt-Out Procedures emissions of compounds that form ozone, specifically volatile organic The RFG opt-out regulations 40
compounds VOCs. CAA section CFR1090.290Changes to RFG covered 211k5 directed EPA to issue areas and procedures for opting out of regulations that specify how gasoline RFG provide the process and criteria can be reformulated to result in for a reasonable transition out of the significant reductions in vehicle RFG program if a state decides to optemissions of ozone-forming and toxic out.2 These RFG opt-out regulations air pollutants relative to the 1990
provide that the governor of the state baseline fuel, and to require the use of must submit a petition to the such reformulated gasoline in certain Administrator requesting to opt-out of covered areas. The CAA defined the RFG program. The petition must certain nonattainment areas as covered include specific information on how, if at all, the state has relied on RFG in a areas that are required to use RFG and proposed or approved state provided other areas with an ability to implementation plan SIP or plan opt-in to the RFG program. CAA
revision and, if RFG is relied upon, how section 211k6 provides an the SIP will be revised to reflect the opportunity for an area classified as a states opt-out from RFG. The opt-out Marginal, Moderate, Serious, or Severe ozone nonattainment area, or which is 2 Pursuant to CAA sections 211c and k and in the ozone transport region 301a, EPA promulgated regulations at 40 CFR
established by CAA section 184a, to 80.72 to provide criteria and general procedures for opt-in to the RFG program upon states to opt-out of the RFG program where the state application by the governor of the state had previously voluntarily opted into the program.
The regulations were initially adopted on July 8, or authorized representative and 1996 61 FR 35673 the RFG Opt-out Rule; were subsequent action by EPA.
revised on October 20, 1997 62 FR 54552 and were Similar to other RFG covered areas, subsequently revised on December 4, 2020 85 FR
78412.
RFG opt-in areas are subject to the
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by this final action. Other types of entities not listed on the table could also be affected by this final action. To determine whether your organization could be affected by this final action, you should carefully examine the regulations in 40 CFR part 1090. If you have questions regarding the applicability of this action to a particular entity, see the FOR FURTHER
INFORMATION CONTACT section of this preamble.

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regulations also provide that EPA will notify the state in writing of the Agencys action on the petition and the date the opt-out becomes effective i.e., the date RFG is no longer required in the affected opt-in area when the petition is approved. The opt-out regulations also provide that EPA will publish a Federal Register notice announcing the approval of any opt-out petition and the effective date of such opt-out. If a SIP revision is required, the effective date of EPAs approval of the opt-out can be no less than 90 days from the effective date of EPAs approval of the revision to the SIP that removes RFG
as a control measure 40 CFR
1090.290d.
EPA determined in the RFG Opt-out Rule that it would not be necessary to conduct a separate rulemaking for each future opt-out request 61 FR 35673 at 35675 July 8, 1996. EPA established a petition process to address, on a caseby-case basis, future individual state requests to opt-out of the RFG program.
The RFG opt-out regulations establish clear and objective criteria for EPA to apply. These regulatory criteria address when a states petition is complete and the appropriate transition time for opting out. As EPA stated in the preamble to the RFG Opt-out Rule, this application of regulatory criteria on a case-by-case basis to individual opt-out requests does not require notice-andcomment rulemaking, either under CAA
section 307d or the Administrative Procedure Act. Thus, in this action, EPA
is applying the criteria and following the procedures specified in the RFG optout regulations to approve Maines petition.
C. Opt-Out of RFG for the Southern Maine Area On August 20, 2020, Maine submitted a petition to the EPA Administrator requesting to opt-out from the RFG
program for York, Cumberland, Androscoggin, Sagadahoc, Kennebec, Knox and Lincoln counties the Southern Maine Area, which are part of the Portland and Midcoast Ozone Maintenance Areas for the 1997 ozone NAAQS. EPA finds that Maine has provided the required information in the petition, per 40 CFR 1090.290d. In order to fulfill the requirements of the RFG opt-out regulations, on August 20, 2020, Maine submitted a revision to its maintenance plan for the Southern Maine Area to remove the emissions reductions associated with the use of RFG in this area and to demonstrate that the RFG opt-out would not interfere with the areas ability to attain or maintain the 1997, 2008 and 2015 ozone NAAQS and any other NAAQS as
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