Page:United States Statutes at Large Volume 119.djvu/1100

 119 STAT. 1082

PUBLIC LAW 109–58—AUG. 8, 2005 ‘‘(ii) EFFECT

OF INSUFFICIENT DOMESTIC CAPACITY TO PRODUCE REFORMULATED GASOLINE.—If’’;

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(3) in subparagraph (A)(ii) (as redesignated by paragraph (2))— (A) in the first sentence, by striking ‘‘subparagraph (A)’’ and inserting ‘‘clause (i)’’; and (B) in the second sentence, by striking ‘‘this paragraph’’ and inserting ‘‘this subparagraph’’; and (4) by adding at the end the following: ‘‘(B) OZONE TRANSPORT REGION.— ‘‘(i) APPLICATION OF PROHIBITION.— ‘‘(I) IN GENERAL.—On application of the Governor of a State in the ozone transport region established by section 184(a), the Administrator, not later than 180 days after the date of receipt of the application, shall apply the prohibition specified in paragraph (5) to any area in the State (other than an area classified as a marginal, moderate, serious, or severe ozone nonattainment area under subpart 2 of part D of title I) unless the Administrator determines under clause (iii) that there is insufficient capacity to supply reformulated gasoline. ‘‘(II) PUBLICATION OF APPLICATION.—As soon as practicable after the date of receipt of an application under subclause (I), the Administrator shall publish the application in the Federal Register. ‘‘(ii) PERIOD OF APPLICABILITY.—Under clause (i), the prohibition specified in paragraph (5) shall apply in a State— ‘‘(I) commencing as soon as practicable but not later than 2 years after the date of approval by the Administrator of the application of the Governor of the State; and ‘‘(II) ending not earlier than 4 years after the commencement date determined under subclause (I). ‘‘(iii) EXTENSION OF COMMENCEMENT DATE BASED ON INSUFFICIENT CAPACITY.— ‘‘(I) IN GENERAL.—If, after receipt of an application from a Governor of a State under clause (i), the Administrator determines, on the Administrator’s own motion or on petition of any person, after consultation with the Secretary of Energy, that there is insufficient capacity to supply reformulated gasoline, the Administrator, by regulation— ‘‘(aa) shall extend the commencement date with respect to the State under clause (ii)(I) for not more than 1 year; and ‘‘(bb) may renew the extension under item (aa) for 2 additional periods, each of which shall not exceed 1 year.

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