Streamlined Procedures for Opting Out of RFG Requirements
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Rule Summary
The Environmental Protection Agency (EPA) issued the “Fuels Regulatory Streamlining” rule on December 4, 2020 (See 85 FR 78412.) that among other things provides updated criteria and procedures for states that opted areas into the reformulated gasoline (RFG) program to opt such areas out of the federal RFG program. Additionally, this final rule contains new criteria and procedures for opting mandatory areas out of the RFG program. Mandatory RFG areas are areas that are subject to the RFG requirement under one of the criteria in CAA section 211(k)(10)(D). These criteria are:
- The nine 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; and
- Any ozone nonattainment area that has been reclassified as a Severe ozone nonattainment area under CAA section 181(b)(2).
This final rule provides the states with the flexibility of choosing other control measures to reduce ozone levels while maintaining the air quality standards required under the Clean Air Act Amendments (Act).
This final rule applies to ozone nonattainment and maintenance areas (i.e. areas with ozone or "smog" problems and areas that had such problems in the past) where the state voluntarily opted into the program and subsequently decides to withdraw from the RFG program, an action referred to as "opt-out." This rule describes the process a state must follow to request withdrawal from the program, the criteria used by EPA to evaluate a request, and the transition period before the opt-out becomes effective.
This final rule also applies to ozone areas that are required to sell RFG because they were either one of the nine ozone nonattainment areas with highest 1987-1989 ozone design values and had a 1980 population greater than 250,000 and any ozone areas that have been reclassified as Severe for any ozone NAAQS. This rule describes the process a state must follow to request withdrawal from the program, the criteria used by EPA to evaluate a request, and the transition period before the opt-out becomes effective. These areas must also either be designated as attainment for the most stringent ozone NAAQS in effect at the time of the opt-out request and have been redesignated to attainment for the prior ozone NAAQS or be redesignated to attainment for the most stringent ozone NAAQS in effect at the time of the request. The state must demonstrate that the area will be able to remain in attainment of the ozone NAAQS and comply with CAA section 110(l) anti-backsliding requirements.
The processes for opting out of RFG are discussed in Section V.A.4.g. “Clarifying When Mandatory RFG Covered Nonattainment Areas Can Be Removed From the List of Covered Areas” of the preamble to the “Fuels Regulatory Streamlining” rule. (See 85 FR 78424-5.) The relevant regulatory text can be found in 40 CFR 1090.290(c) and (d). The Additional Resources section of this page provides a link to the “Fuels Regulatory Streamlining” rule web page.