carbon monoxide levels in an area.
"(C)(i) Any person may petition the Administrator to make a
finding that there is, or is likely to be, for any area, an inad-
equate domestic supply of, or distribution capacity for,
oxygenated gasoline meeting the requirements of paragraph (2) or
fuel additives (oxygenates) necessary to meet such requirements.
The Administrator shall act on such petition within 6 months
after receipt of the petition.
"(ii) If the Administrator determines, in response to a
petition under clause (i), that there is an inadequate supply or
capacity described in clause (i), the Administrator shall delay
the effective date of paragraph (2) for 1 year. Upon petition,
the Administrator may extend such effective date for one
additional year. No partial delay or lesser waiver may be granted
under this clause.
"(iii) In granting waivers under this subparagraph the
Administrator shall consider distribution capacity separately
from the adequacy of domestic supply and shall grant such waivers
in such manner as will assure that, if supplies of oxygenated
gasoline are limited, areas having the highest design value for
carbon monoxide will have a priority in obtaining oxygenated
gasoline which meets the requirements of paragraph (2).
"(iv) As used in this subparagraph, the term distribution
capacity includes capacity for transportation, storage, and
"(4) Fuel dispensing systems.-Any person selling oxygenated
gasoline at retail pursuant to this subsection shall be required
under regulations promulgated by the Administrator to label the
fuel dispensing system with a notice that the gasoline is
oxygenated and will reduce the carbon monoxide emissions from the
"(5) Guidelines for credit.-The Administrator shall promulgate
guidelines, within 9 months after the date of the enactment of
the Clean Air Act Amendments of 1990, allowing the use of
marketable oxygen credits from gasolines during that portion of
the year specified in paragraph (2) with higher oxygen content
than required to offset the sale or use of gasoline with a lower
oxygen content than required. No credits may be transferred
between nonattainment areas.
"(6) Attainment areas.-Nothing in this subsection shall be
interpreted as requiring an oxygenated gasoline program in an
area which is in attainment for carbon monoxide, except that in a
carbon monoxide nonattainment area which is redesignated as
attainment for carbon monoxide, the requirements of this
subsection shall remain in effect to the extent such program is
necessary to maintain such standard thereafter in the area.
"(7) Failure to attain co standard.-If the Administrator
determines under section 186(b)(2) that the national primary
ambient air quality standard for carbon monoxide has not been
attained in a Serious Area by the applicable attainment date, the
State shall submit a plan revision for the area within 9 months
after the date of such determination. The plan revision shall
provide that the minimum oxygen content of gasoline referred to
in paragraph (2) shall be 3.1 percent by weight unless such
requirement is waived in accordance with the provisions of this