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Offi ce of Transportation EPA420-F-05-050 

and Air Quality December 2005 

Regulatory

Announcement 

Final Rule to Extend California 

Enforcement Exemptions for

Reformulated Gasoline to California 

Phase 3 Gasoline 

The U.S. Environmental Protection Agency (EPA) is issuing a final 

rule to exempt refineries, importers, and blenders of gasoline subject 

to the State of California’s Phase 3 reformulated gasoline (CaRFG3) 

regulations from certain enforcement provisions in the federal 

reformulated gasoline (RFG) regulations. We are taking this action 

because gasoline complying with the CaRFG3 regulations will provide 

emissions benefits equivalent to Federal Phase II RFG, and California’s 

compliance and enforcement program will in practice be significantly 

rigorous to assure that the standards are met. The enforcement 

exemptions ensure that California refineries, importers, and blenders 

do not have to comply with duplicative federal and state regulations 

and thereby reduce costs to regulated industry without any negative 

environmental impact. 

Background

Section 211(k) of the Federal Clean Air Act directs EPA to establish requirements for RFG to be used in specified ozone nonattainment areas, 

as well as “anti-dumping” requirements for conventional gasoline used 

in the rest of the country. The areas covered by the federal RFG program 

in California are San Joaquin Valley, Los Angeles, San Diego, and 

Sacramento. Since the federal RFG regulations were promulgated, 
California refineries and importers have 

been continuously exempted from certain 

enforcement-related requirements such as 

record keeping and reporting, and certain 

sampling and testing requirements. EPA 

granted enforcement exemptions to California because the California RFG (called 

“California Phase 2 gasoline”) would have 

comparable standards to federal RFG, 

and California has suffi ciently stringent 

enforcement to ensure program benefi ts 

are met. The enforcement exemptions are 

limited and there are reasonable provisions 

that permit parties subject to the California 

RFG regulations to avoid costly adherence 

to duplicative federal and state enforcement provisions. 

California recently promulgated its new 

California Phase 3 (CaRFG3) regulations, 

which replaces the current California Phase 

2 regulations. We have evaluated those regulations and have concluded that the criteria for enforcement exemptions mentioned 

above apply to the new regulations as well. 

For that reason, we issued a proposed rule 

to extend the federal enforcement exemptions to these new California regulations. 

The proposal was met with enthusiasm by 

the Western States Petroleum Association 

(WSPA), which represents California refi neries. No adverse comments were received. 

Since the CaRFG3 regulations became 

effective on December 31, 2003, affected 

regulated parties have been covered by a 

grant of enforcement discretion to bridge 

the time until this final rule becomes fully 

effective. 

Affected Industry

Refineries, importers, and blenders of 

California gasoline who are subject to the 

CaRFG3 regulations are affected by this 

rule. This rule is expected to reduce regulatory burdens associated with duplicative 

provisions in the federal RFG and CaRFG3 

regulations and should result in a cost savings to industry. 

Health and Environmental 

Benefi ts 

This rule is not expected to have any adverse impact because the CaRFG3 standards are equivalent to the federal RFG 

standards, and California has a rigorous 

enforcement program. 

For More Information 

You can access documents related to federal RFG and the California enforcement 

exemptions on EPA’s Offi ce of Transportation and Air Quality (OTAQ) Web site at: 

www.epa.gov/otaq/rfg_regs.htm#enforcement 

For more information on this rule, please 

contact Anne Pastorkovich at: 

U.S. Environmental Protection Agency 

OTAQ (6406J) 

1200 Pennsylvania Avenue, NW 

Washington, DC 20460 

(202) 343-9623 - phone 

(202) 343-2801 - fax


E-mail: 


pastorkovich.anne-marie@epa.gov 

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