Page:United States Statutes at Large Volume 104 Part 4.djvu/178

 104 STAT. 2494 PUBLIC LAW 101-549—NOV. 15, 1990 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 subsection shall include procedures under which the Administrator shall certify reformulated gsisoline 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 compounds 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 ve- Regulations. hicles when operating on baseline gasoline. For purposes of this subsection, within 1 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 conventional 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 "conventional 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 reformu-

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