ozone forming volatile organic compounds and emissions of toxic
air pollutants emitted by baseline vehicles 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
"(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 reformulated
gasoline shall also be in violation of this subsection. The
Administrator may impose sampling, testing, and recordkeeping
requirements upon any refiner, blender, importer, or marketer to
prevent violations of this section.
"(6) Opt-in areas.-(A) Upon the application of the Governor of
a State, the Administrator shall apply the prohibition set forth
in paragraph (5) in any area in the State classified under
subpart 2 of part D of title I as a Marginal, Moderate, Serious,
or Severe Area (without regard to whether or not the 1980
population of the area exceeds 250,000). In any such case, the
Administrator shall establish an effective date for such
prohibition as he deems appropriate, not later than January 1,
1995, or 1 year after such application is received, whichever is
later. The Administrator shall publish such application in the
Federal Register upon receipt.
"(B) If 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 domestic
capacity to produce gasoline certified under this subsection, the
Administrator shall, by rule, extend the effective date of such
prohibition in Marginal, Moderate, Serious, or Severe Areas
referred to in subparagraph (A) for one additional year, and may,
by rule, renew such extension for 2 additional one-year periods.
The Administrator shall act on any petition submitted under this
paragraph within 6 months after receipt of the petition.
The Administrator shall issue such extensions for areas with a
lower ozone classification before issuing any such extension for
areas with a higher classification.
"(7) Credits.-(A) The regulations promulgated under this
subsection shall provide for the granting of an appropriate
amount of credits to a person who refines, blends, or imports and
certifies a gasoline or slate of gasoline that- "(i) has an