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EPA/AR

RIN: 2060-AN63

Publication ID: Fall 2008

Title: Requirements for Reformulated Gasoline (RFG) Under the 8-hour Ozone Standard for Bump-Up Areas Designated Attainment for the 1-hour Ozone Standard Prior to Revocation
Abstract: Reformulated Gasoline (RFG) is gasoline blended to reduce emissions that cause ozone smog. The Clean Air Act (CAA) requires certain areas to use RFG, depending on how serious is the ozone problem--i.e., how far it is from attaining the National Ambient Air Quality Standards (NAAQS) for ozone. In some cases, areas that previously had a less-serious ozone problem subsequently experience worse air quality, and in such cases the Clean Air Act requires them to be "bumped up" to a higher category, thereby requiring RFG use. One complication is that the Agency is now implementing the transition from the previous ozone standard, based on the amount of pollution measured over a 1-hour period, to the new ozone standard, based on an 8-hour period. This rule would set regulations for such cases. EPA is inviting comment on two options for such cases. Under the first option, an area would be required to use RFG at least until it is redesignated to attainment for the 8-hr NAAQS. This option would rely on an anti-backsliding approach that emphasizes that the area is still an ozone nonattainment area notwithstanding its redesignation to attainment of the 1-hr NAAQS. EPA would interpret the Act as requiring continued use of RFG in the proposal areas due to their continued status as ozone nonattainment areas under the 8-hour NAAQS. An area would remain an RFG area at least until it is redesignated to attainment for the 8-hr NAAQS. Under the second option, EPA would interpret CAA section 211(k)(10)(D) such that an area would no longer be considered an RFG area after redesignation to attainment for the 1-hour NAAQS, if the State requests removal of RFG and demonstrates that removal would not result in loss of emission reductions relied upon in the State attainment plan. This option would allow for removal of the RFG program for proposal areas during transition to the 8-hour NAAQS, unlike the approach adopted for other bump-up areas. This option would implement an antibacksliding approach with a trigger date (date of revocation of the 1-hour NAAQS) that is different from that otherwise used. EPA recently redesignated Atlanta to attainment of the 1-hour NAAQS, prior to revocation of the 1-hour NAAQS. Thus, Atlanta is the only bump-up area that would fall within the scope of this proposal.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 80
Legal Authority: Clean Air Act

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	06/23/2006	71 FR 36042
Final Action	03/00/2009

Additional Information: SAN No. 5022; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2006/June/Day-23/a5620.htm; EPA Docket information: EPA-HQ-OAR-2006-0318
Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Kurt Gustafson Environmental Protection Agency Air and Radiation Mail Code 6405J, 1200 Pennsylvania Ave NW, Washington, DC 20460 Phone:202 343-9219 Fax:202 343-2800 Email: gustafson.kurt@epa.gov Leila Cook Environmental Protection Agency Air and Radiation AASMCG, Ann Arbor, MI 48105 Phone:734 214-4820 Email: cook.leila@epa.gov