396 
(I) the 1st day of the 1st high ozone season for the 
area that begins after the date of receipt of the notifica-
tion; or 
(II) 1 year after the date of receipt of the notification. 
(ii) EXTENSION OF EFFECTIVE DATE BASED ON DETER-
MINATION OF INSUFFICIENT SUPPLY.— 
(I) IN GENERAL.—If, after receipt of a notification 
with respect to an area from a Governor of a State 
under subparagraph (A), the Administrator determines, 
on the Administrator’s own motion or on petition of any 
person and after consultation with the Secretary of En-
ergy, that the promulgation of regulations described in 
subparagraph (A) would result in an insufficient supply 
of gasoline in the State, the Administrator, by regula-
tion— 
(aa) shall extend the effective date of the regula-
tions under clause (i) with respect to the area for 
not more than 1 year; and 
(bb) may renew the extension under item (aa) for 
2 additional periods, neither of which shall exceed 1 
year. 
(II) DEADLINE FOR ACTION ON PETITIONS.—The Ad-
ministrator shall act on any petition submitted under 
subclause (I) not later than 180 days after the date of 
receipt of the petition. 
(6) AREAS COVERED.—This subsection shall apply only to the 48 
contiguous States and the District of Columbia. 
(i) SULFUR CONTENT REQUIREMENTS FOR DIESEL FUEL.— 
(1) PROHIBITION.—No person shall manufacture, sell, supply, offer 
for sale or supply, dispense, transport, or introduce into commerce 
motor vehicle diesel fuel that contains a concentration of sulfur in ex-
cess of 0.05 percent (by weight) or that fails to meet a cetane index 
minimum of 40. 
(2) REGULATIONS.—The Administrator shall promulgate regulations 
to implement and enforce the requirements of paragraph (1). The Ad-
ministrator may require manufacturers and importers of diesel fuel not 
intended for use in motor vehicles to dye the diesel fuel in a particular 
manner to distinguish the non-motor vehicle diesel fuel from motor ve-
hicle diesel fuel. The Administrator may establish an equivalent alter-
native aromatic level to the cetane index specification in paragraph (1). 
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397 
(3) SULFUR CONTENT AND CETANE INDEX MINIMUM.—The sulfur 
content and cetane index minimum of fuel required to be used in the 
certification of heavy-duty diesel vehicles and engines shall comply with 
the regulations promulgated under paragraph (2). 
(4) EXEMPTION.—Alaska and Hawaii may be exempted from the re-
quirements of this subsection in the same manner as is provided in sec-
tion 209115 of this title. The Administrator shall take final action on 
any petition filed under section 209115 of this title or this paragraph 
for an exemption from the requirements of this subsection within 12 
months after the date of the petition. 
(j) LEAD SUBSTITUTE GASOLINE ADDITIVES.— 
(1) REGISTRATION.—Any person proposing to register any gasoline 
additive under subsection (b) or to use any previously registered addi-
tive as a lead substitute may also elect to register the additive as a 
lead substitute gasoline additive for reducing valve seat wear by pro-
viding the Administrator with such relevant information regarding 
product identity and composition as the Administrator considers nec-
essary for carrying out the responsibilities of paragraph (2) (in addi-
tion to other information that may be required under subsection (c)). 
(2) TESTING.— 
(A) TEST PROCEDURE.—In addition to the other testing which 
may be required under subsection (c), in the case of the lead sub-
stitute gasoline additives described in paragraph (1), the Adminis-
trator shall develop and publish a test procedure to determine an 
additive’s effectiveness in reducing valve seat wear and an addi-
tive’s tendencies to produce engine deposits and other adverse side 
effects. The test procedure shall be developed in cooperation with 
the Secretary of Agriculture and with the input of additive manu-
facturers, engine and engine components manufacturers, and other 
interested persons. 
(B) TESTING.—The Administrator shall enter into arrange-
ments with an independent laboratory to conduct tests of each ad-
ditive using the test procedures developed and published pursuant 
to subparagraph (A). The Administrator shall publish the results 
of the tests by company and additive name in the Federal Register 
with, for comparison purposes, the results of applying the same 
test procedures to gasoline containing 0.1 gram of lead per gallon 
in lieu of the lead substitute gasoline additive. The Administrator 
shall not rank or otherwise rate the lead substitute additives. Ad-
ditives shall be tested within 6 months after the lead substitute 
additives are identified to the Administrator. 
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398 
(3) USER FEE.—The Administrator may impose a user fee to recover 
the costs of testing of any fuel additive under this subsection. The fee 
shall be paid by the person proposing to register the fuel additive. The 
fee shall not exceed $20,000 for a single fuel additive. 
(4) SPECIAL FUND FOR LICENSING AND OTHER SERVICES.—Any fees 
collected under this subsection shall be deposited in the Treasury in a 
special fund for licensing and other services, which thereafter shall be 
available for appropriation, to remain available until expended, to carry 
out EPA’s activities for which the fees were collected. 
(k) REFORMULATED GASOLINE FOR CONVENTIONAL VEHICLES.— 
(1) DEFINITIONS.—In this subsection: 
(A) BASELINE GASOLINE.— 
(i) SUMMERTIME.—The term ‘‘baseline gasoline’’, with re-
spect to gasoline sold during the high ozone period (as de-
fined by the Administrator), means a gasoline that meets the 
following specifications: 
BASELINE GASOLINE FUEL PROPERTIES 
API Gravity ......................................................................................................................
57.4 
Sulfur, ppm .......................................................................................................................
339 ?? 
Benzene, % .......................................................................................................................
1.53 
RVP, psi ...........................................................................................................................
8.7 
Octane, R+M/2 ................................................................................................................
87.3 
IBP, F ..............................................................................................................................
91 ?? 
10%, F ..............................................................................................................................
128 ?? 
50%, F ..............................................................................................................................
218 ?? 
90%, F ..............................................................................................................................
330 ?? 
End Point, F ....................................................................................................................
415 ?? 
Aromatics, % ....................................................................................................................
32.0 
Olefins, % .........................................................................................................................
9.2 
Saturates, % .....................................................................................................................
58.8 
(ii) WINTERTIME.—The Administrator shall establish the 
specifications of baseline gasoline for gasoline sold at times 
other than the high ozone period (as defined by the Adminis-
trator). Those specifications shall be the specifications of 
1990 industry average gasoline sold during that period. 
(B) BASELINE VEHICLES.—The term ‘‘baseline vehicles’’ means 
representative model year 1990 vehicles. 
(C) CONVENTIONAL GASOLINE.—The term ‘‘conventional gaso-
line’’ means any gasoline that does not meet specifications set by 
a certification under this subsection. 
(D) COVERED AREA.—The term ‘‘covered area’’ means— 
(i) 1 of the 9 ozone nonattainment areas having a 1980 
population in excess of 250,000 and having the highest ozone 
design value during the period 1987 to 1989; and 
(ii) effective 1 year after the reclassification of any ozone 
nonattainment area as a severe ozone nonattainment area 
under section 215202(b) of this title, the severe area. 
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399 
(E) REFORMULATED GASOLINE.—The term ‘‘reformulated gaso-
line’’ means any gasoline that is certified by the Administrator 
under this section as complying with this subsection. 
(F) TOXIC AIR POLLUTANTS.—The term ‘‘toxic air pollutants’’ 
means the aggregate emissions of the following: 
Benzene. 
1,3 Butadiene. 
Polycyclic organic matter (POM). 
Acetaldehyde. 
Formaldehyde. 
(2) EPA REGULATIONS.— 
(A) IN GENERAL.—The Administrator shall promulgate regula-
tions establishing requirements for reformulated gasoline to be 
used in gasoline-fueled vehicles in specified nonattainment areas. 
The regulations shall require the greatest reduction in emissions 
of ozone-forming volatile organic compounds (during the high 
ozone season) and emissions of toxic air pollutants (during the en-
tire year) achievable through the reformulation of conventional 
gasoline, taking into consideration— 
(i) the cost of achieving the emission reductions; and 
(ii) any air-quality related and non-air-quality related 
health and environmental impacts and energy requirements. 
(B) MAINTENANCE OF TOXIC AIR POLLUTANT EMISSIONS RE-
DUCTIONS FROM REFORMULATED GASOLINE.—The Administrator 
shall promulgate regulations to control hazardous air pollutants 
from motor vehicles and motor vehicle fuels, as provided for in sec-
tion 80.1045 of title 40, Code of Federal Regulations (as in effect 
on August 8, 2005), and as authorized under section 221102(k) 
of this title. 
(3) GENERAL REQUIREMENTS.— 
(A) IN GENERAL.—The regulations under paragraph (2) shall 
require that reformulated gasoline comply with paragraph (4) and 
with each of the requirements stated in this paragraph (subject to 
paragraph (8)). 
(B) NITROGEN OXIDE EMISSIONS.— 
(i) IN GENERAL.—The emissions of nitrogen oxides from 
baseline vehicles when using the reformulated gasoline shall 
be not greater than the level of such emissions from such ve-
hicles when using baseline gasoline. 
(ii) TECHNICAL INFEASIBILITY.—If the Administrator de-
termines that compliance with the limitation on emissions of 
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