In Response to Maine's Request, the
EPA is Proposing to Extend the Clean
Air Act's (CAA) Prohibition Against
the Sale of Conventional Gasoline in
Reformulated Gasoline (RFG) Areas
to the Southern Maine Counties of
York, Cumberland, Sagadahoc,
Androscoggin, Kennebec, Knox, and
Lincoln
The EPA is proposing to extend the Clean Air Act (CAA) prohi-
bition against the sale of conventional gasoline in reformulated
gasoline (RFG) areas to the southern Maine counties of York,
Cumberland, Sagadahoc, Androscoggin, Kennebec, Knox, and Lincoln
(the "Southern Maine Counties")* This proposal is based on a request
from the Governor of the State of Maine for areas within the ozone
transport region established under CAA section 184. The scope of the
EPA's discretion is limited to establishing the date that the prohibition
commences. Consistent with the Governor's request, the EPA proposes
that this prohibition commence as of May 1, 2015 for refiners, im-
porters, and distributors in the affected RFG area and as of June 1,
2015 for retailers and wholesale purchaser-consumers.
The EPA is also adding in its RFG opt-out rules a provision to reflect
that there is a four-year minimum opt-in period for areas that opt
into the RFG program on the basis of their location within the ozone
transport zone. This clarification will align the federal regulation for
RFG opt-out requirements with the CAA.
SEPA
United States
Environmental Protection
Agency
Office of Transportation and Air Quality
EPA-420-F-14-041
August 2014
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Key Elements of the Proposed Rule
• The EPA is proposing to extend the CAA prohibition against the sale of conventional
gasoline in RFG areas to the Southern Maine Counties to commence as of May 1, 2015
for refiners, importers, and distributors, and as of June 1, 2015 for retailers and wholesale
purchaser-consumers. If finalized, only RFG may be sold to consumers in the Southern
Maine Counties as of June 1, 2015,
• The EPA is also requesting comment regarding whether there will be sufficient capacity
to supply RFG to these seven counties as of May 1, 2015 for entities other than retailers
and wholesale purchaser-consumers and as of June 1, 2015 for retailers and purchaser-
consumers,
• Finally, the EPA is adding to its RFG opt-out regulation at 40 CFR 80.72 to align it with
the CAA prohibition against opting out of the RFG program for four years after the com-
mencement date of the opt-in. This statutory requirement is based on an area's location
within the ozone transport region.
Background
The purpose of the federal RFG program is to improve air quality in certain areas through the
use of gasoline that is reformulated to reduce motor vehicle emissions of tropospheric ozone-
forming compounds, as set forth in CAA section 211(k)(l). The EPA first published regulations
for the federal RFG program on February 16, 1994. (59 FR 7716).
CAA section 211(k)(6)(B) provides that when the Governor of a State petitions the EPA
to opt into the federal RFG program any area of the state that is in the ozone transport
region established under CAA section 184, the EPA is to apply the prohibition against selling
or dispensing of conventional gasoline in the subject area. However, CAA section 211(k)(6)(B)
(iii) gives the EPA discretion in extending the commencement date by one year with the option
to renew that extension for two additional one-year periods if the EPA determines that there is
insufficient capacity to supply RFG to the area.
In 2013, the State of Maine enacted a law establishing the use of RFG in the Southern Maine
Counties beginning May 1, 2014. On July 23, 2013, the Governor of Maine formally requested
that the EPA extend the requirement for the sale of RFG to these counties beginning on May 1,
2014.
The Maine legislature subsequently enacted an emergency law, effective March 6, 2014 to post-
pone the requirement for the sale of RFG in the Southern Maine Counties until June 1, 2015,
Pursuant to that legislation, the Commissioner for the State of Maine modified Maine's request
for the implementation date for the sale of RFG in these counties to coincide with June 1, 2015,
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Consistent with the Governor's request, the EPA is proposing to extend the CAA prohibi'
tion against the sale of conventional gasoline in RFG areas to the Southern Maine Counties to
commence as of May 1, 2015 for refiners, importers, and distributors, and as of June 1, 2015 for
retailers and wholesale purchaser-consumers.
The EPA is requesting comment regarding whether there will be sufficient capacity to sup-
ply RFG to these counties as of May 1, 2015 for entities other than retailers and wholesale
purchaser-consumers. We are also seeking comment regarding whether retailers and wholesale
purchaser-consumers will have sufficient lead time to successfully transition from the sale of
conventional gasoline to RFG as of June 1, 2015,
Finally, the EPA is adding a provision to its RFG opt-out regulation at 40 CFR 80.72 to align it
with the CAA section 211(k)(6)(B)(ii)(II) prohibition against opting out of the RFG program
for four years after the commencement date of the opt-in. This statutory requirement is based on
an area's location within the ozone transport region.
Public Participation Opportunities
We welcome your comments on this proposed rule. Comments will be accepted for 30 days be-
ginning when this proposal is published in the Federal Register,
All comments should be identified by Docket ID No. EPA-HQ-OAR-2014-0283 and submitted
by one of the following methods:
Internet: www.regulations.gov
E-mail: a-and-r-docket@epa.gov
Fax: (202) 566-9744
Mail:
Air Docket, Environmental Protection Agency
Mail Code: 6102T
1200 Pennsylvania Avenue NW
Washington, DC 20460
Hand Delivery:
Air and Radiation Docket
EPA Docket Center
WJC West Building, Room 3334
1301 Constitution Avenue NW
Washington, DC 20004
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For More Information
You can access the proposed rule and related documents on the EPA's Office of Transportation
and Air Quality Web site at:
www.epa.gov/otaq/fuels/gasolinefuels/rfg/regulations.htm
For further information on this proposed rule, please contact:
Patty Klavon
U.S. Environmental Protection Agency
Office of Transportation and Air Quality
2000 Traverwood Drive
Ann Arbor, MI48105
734-214-4476
E-mail: klavon.patty@epa.gov
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