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Code of Federal Regulations Title 40. Protection of Environment § 40.80.215 What is the scope of the geographic phase-in program?

Current as of January 02, 2025 | Updated by Findlaw Staff

(a) Geographic phase-in area.

(1) The following states comprise the geographic phase-in area (GPA) subject to the provisions of the geographic phase-in program:  North Dakota, Montana, Idaho, Wyoming, Utah, Colorado, New Mexico, and Alaska.

(2) In addition, the following counties within the states identified in paragraph (a)(2)(i) of this section and the following Federal Indian reservations in paragraph (a)(2)(ii) of this section are included in the GPA:

(i) The list of counties follows:

Arizona

Apache

Coconino

Gila

Greenlee

Navajo

Nebraska

Banner

Box Butte

Cheyenne

Dawes

Deuel

Garden

Keith

Kimball

Morrill

Scotts Bluff

Sheridan

Sioux

Nevada

Elko

Eureka

Humboldt

Lander

Lincoln

White Pine

Oregon

Baker

Crook

Gilliam

Grant

Harney

Malheur

Morrow

Sherman

Umatilla

Union

Wallowa

Wheeler

South Dakota

Bennett

Butte

Corson

Custer

Dewey

Fall River

Haakon

Harding

Jackson

Jones

Lawrence

Meade

Mellette

Pennington

Perkins

Shannon

Stanley

Todd

Ziebach

Washington

Adams

Asotin

Benton

Chelan

Columbia

Douglas

Ferry

Franklin

Garfield

Grant

Kittitas

Klickitat

Lincoln

Okanogan

Pend Oreille

Spokane

Stevens

Walla Walla

Whitman

Yakima

(ii) The list of Federal Indian reservations follows:  Burns Paiute, Cheyenne River, Colville, Duck Valley, Ely Colony, Fort Apache, Fort McDermitt, Goshute, Haulapai, Havasupai, Hopi, Kalispel, Navajo, Pine Ridge, Rosebud, Yakama, San Carlos, Spokane, Standing Rock, Summit Lake, Te–Moak, Umatilla, Winnemucca.

(3) Contiguous tribal reservations of a particular tribe are included in the GPA if a portion of the tribal reservation is within the GPA state or county.

(4) Any dispensing facility located partially within a GPA county or tribal reservation land shall be considered fully within the GPA for purposes of this program.

(b) Duration of the program.

(1) The geographic phase-in program applies to the 2004, 2005, and 2006 annual averaging periods, except as provided in paragraph (b)(2) of this section.

(2) Subject to the provisions of § 80.540, the geographic phase-in program shall also apply to the 2007 and 2008 annual averaging period for refiners approved for GPA standards in 2007 and 2008 under § 80.540.

(c) Persons eligible. Any refiner or importer who produces or imports gasoline for use in the geographic area under paragraph (a) of this section is eligible to apply for the geographic phase-in program. The provisions of the geographic phase-in program shall apply to imported gasoline through the importer.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 40. Protection of Environment § 40.80.215 What is the scope of the geographic phase-in program? - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-40-protection-of-environment/cfr-sect-40-80-215/

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