Pub. L. 101-549, tit. II, pt. A, sec. 216
FUEL VOLATILITY.
SEC. 216. FUEL VOLATILITY. Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by adding the following new subsection at the end thereof: “(h) Reid Vapor Pressure Requirements.— “(1) Prohibition.— Not later than 6 months after the date of the enactment of the Clean Air Act Amendments of 1990, the Administrator shall promulgate regulations making it unlawful for any person during the high ozone season (as defined by the Administrator) to sell, offer for sale, dispense, supply, offer for supply, transport, or introduce into commerce gasoline with a Reid Vapor Pressure in excess of 9.0 pounds per square inch (psi). Such regulations shall also establish more stringent Reid Vapor Pressure standards in a nonattainment area as the Administrator finds necessary to generally achieve comparable evaporative emissions (on a per-vehicle basis) in nonattainment areas, taking into consideration the enforceability of such standards, the need of an area for emission control, and economic factors. “(2) Attainment areas.— The regulations under this subsection shall not make it unlawful for any person to sell, offer for 104 STAT. 2490supply, transport, or introduce into commerce gasoline with a Reid Vapor Pressure of 9.0 pounds per square inch (psi) or lower in any area designated under section 107 as an attainment area. Notwithstanding the preceding sentence, the Administrator may impose a Reid vapor pressure requirement lower than 9.0 pounds per square inch (psi) in any area, formerly an ozone nonattainment area, which has been redesignated as an attainment area. “(3) Effective date; enforcement.— The regulations under this subsection shall provide that the requirements of this subsection shall take effect not later than the high ozone season for 1992, and shall include such provisions as the Administrator determines are necessary to implement and enforce the requirements of this subsection. “(4) Ethanol waiver.— For fuel blends containing gasoline and 10 percent denatured anhydrous ethanol, the Reid vapor pressure limitation under this subsection shall be one pound per square inch (psi) greater than the applicable Reid vapor pressure limitations established under paragraph (1); Provided, however, That a distributor, blender, marketer, reseller, carrier, retailer, or wholesale purchaser-consumer shall be deemed to be in full compliance with the provisions of this subsection and the regulations promulgated thereunder if it can demonstrate (by showing receipt of a certification or other evidence acceptable to the Administrator) that— “(A) the gasoline portion of the blend complies with the Reid vapor pressure limitations promulgated pursuant to this subsection; “(B) the ethanol portion of the blend does not exceed its waiver condition under subsection (f)(4); and “(C) no additional alcohol or other additive has been added to increase the Reid Vapor Pressure of the ethanol portion of the blend. “(5) Areas covered.— The provisions of this subsection shall apply only to the 48 contiguous States and the District of Columbia.”.