Rule2026-04127
Removal of the Federal Reformulated Gasoline Program From the Kentucky Portion of the Louisville Area
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 2, 2026
Effective
May 27, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The U.S. Environmental Protection Agency (EPA) is announcing the approval of the petition by the Commonwealth of Kentucky ("Kentucky" or "the Commonwealth") to opt out of the reformulated gasoline (RFG) program and remove the requirement to sell RFG in Jefferson County and parts of Bullitt and Oldham Counties (the "Kentucky portion of the Louisville Area"), which are part of the Louisville Moderate nonattainment area for the 2015 ozone National Ambient Air Quality Standard (NAAQS) and the maintenance area for the 1997 ozone NAAQS. Specifically, by letter dated February 26, 2026, to the Governor of Kentucky, the EPA has approved the Commonwealth's petition and set an effective date for the opt-out from the RFG program as May 27, 2026. The EPA has determined that this removal of the RFG program for the Kentucky portion of the Louisville Area is consistent with the applicable provisions of the Clean Air Act (CAA) and the EPA's regulations.
Full Text
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<title>Federal Register, Volume 91 Issue 40 (Monday, March 2, 2026)</title>
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[Federal Register Volume 91, Number 40 (Monday, March 2, 2026)]
[Rules and Regulations]
[Pages 10008-10012]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04127]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 1090
[EPA-HQ-OAR-2025-2039; FRL 13037-01-OAR]
Removal of the Federal Reformulated Gasoline Program From the
Kentucky Portion of the Louisville Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notification of final action on petition.
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SUMMARY: The U.S. Environmental Protection Agency (EPA) is announcing
the approval of the petition by the Commonwealth of Kentucky
(``Kentucky'' or ``the Commonwealth'') to opt out of the reformulated
gasoline (RFG) program and remove the requirement to sell RFG in
Jefferson County and parts of Bullitt and Oldham Counties (the
``Kentucky portion of the Louisville Area''), which are part of the
[[Page 10009]]
Louisville Moderate nonattainment area for the 2015 ozone National
Ambient Air Quality Standard (NAAQS) and the maintenance area for the
1997 ozone NAAQS. Specifically, by letter dated February 26, 2026, to
the Governor of Kentucky, the EPA has approved the Commonwealth's
petition and set an effective date for the opt-out from the RFG program
as May 27, 2026. The EPA has determined that this removal of the RFG
program for the Kentucky portion of the Louisville Area is consistent
with the applicable provisions of the Clean Air Act (CAA) and the EPA's
regulations.
DATES: The effective date for removal of the Kentucky portion of the
Louisville Area from the RFG program is May 27, 2026. Any petition for
review shall be filed in the appropriate United States Court of Appeals
no later than May 1, 2026.
FOR FURTHER INFORMATION CONTACT: For information about this action,
contact Jeremy O'Kelly, Office of State Air Partnerships, U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue NW,
Washington, DC 20460; telephone number: (202) 250-8884; email address:
<a href="/cdn-cgi/l/email-protection#9ef1f5fbf2f2e7b0f4fbecfbf3e7defbeeffb0f9f1e8"><span class="__cf_email__" data-cfemail="315e5a545d5d481f5b5443545c48715441501f565e47">[email protected]</span></a> or Sarah Andrews, Office of State Air
Partnerships, U.S. Environmental Protection Agency, 2000 Traverwood
Drive, Ann Arbor, MI 48105; telephone number: (734) 214-4607; email
address: <a href="/cdn-cgi/l/email-protection#dabbb4bea8bfada9f4a9bba8bbb29abfaabbf4bdb5ac"><span class="__cf_email__" data-cfemail="1a7b747e687f6d6934697b687b725a7f6a7b347d756c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Docket. The EPA has established a docket for this action under
Docket ID No EPA-HQ-OAR-2025-2039. All documents in the docket are
listed at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Although listed, some
information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only as PDF
versions that can only be accessed on EPA computers in the docket
office reading room. Certain databases and physical items cannot be
downloaded from the docket but may be requested by contacting the
docket office at (202) 566-1744. The docket office has up to 10
business days to respond to these requests. With the exception of such
material, publicly available docket materials are available
electronically at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Preamble acronyms and abbreviations. Throughout this preamble the
use of ``we,'' ``us,'' or ``our'' is intended to refer to the EPA. We
use multiple acronyms and terms in this preamble. While this list may
not be exhaustive, to ease the reading of this preamble and for
reference purposes, the EPA defines the following terms and acronyms
here:
CAA Clean Air Act
MOVES5 MOtor Vehicle Emission Simulator
NAAQS National ambient air quality standard
NO<INF>X</INF> Nitrogen oxides
PPM Parts per million
SIP State implementation plan
tpsd Tons per summer day
RFG Reformulated gasoline
VOCs Volatile organic compounds
Table of Contents
I. General Information
A. Does this action apply to me?
B. What is the EPA's authority for taking this action?
II. The EPA's Approval of Kentucky's RFG Opt-Out Request
III. Background
A. What is the RFG program?
B. Kentucky Portion of the Louisville Nonattainment Area
C. RFG Opt-Out Procedures
D. Kentucky's RFG Opt-Out Request
IV. Kentucky's August 2025 Submission
A. Ozone NAAQS
B. Other NAAQS
V. Conclusion
I. General Information
A. Does this action apply to me?
Entities potentially affected by this final action are fuel
producers and distributors who do business in the Louisville Area.
Table 1--Examples of Potentially Regulated Entities
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NAICS \1\
Examples of potentially regulated entities codes
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Petroleum refineries......................................... 324110
424710
Gasoline Marketers and Distributors.......................... 424720
Gasoline Retail Stations..................................... 457110
Gasoline Transporters........................................ 484220
484230
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The above table is not intended to be exhaustive but rather
provides a guide for readers regarding entities likely to be regulated
by this action. The table lists the types of entities of which the EPA
is aware that potentially could be affected by this final action. Other
types of entities not listed on the table could also be affected by
this final action. To determine whether your organization could be
affected by this final action, you should carefully examine the
regulations in 40 CFR 1090.285--RFG covered areas. If you have
questions regarding the applicability of this action to a particular
entity, see the FOR FURTHER INFORMATION CONTACT section of this
preamble.
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\1\ North American Industry Classification System.
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B. What is the EPA's authority for taking this action?
The statutory authority for this action is granted to the EPA by
CAA sections 211(c), 211(k), and 301(a), as amended; 42 U.S.C. 7545(c)
and (k) and 7601(a).
II. The EPA's Approval of Kentucky's RFG Opt-Out Request
The EPA is announcing the approval of Kentucky's request to opt the
Commonwealth out of the RFG program applicable to gasoline introduced
into commerce from June 1 to September 15 of each year for the Kentucky
portion of the Louisville Area. Specifically, the EPA is announcing
that the effective date for the opt-out is May 27, 2026, consistent
with the EPA Administrator's February 26, 2026, letter to the Governor
of Kentucky and which aligns with the transition period for the start
of the high ozone season or summer season. The EPA defines ``high ozone
season'' or ``summer season'' as ``the period from June 1 through
September 15 for retailers and wholesale purchaser consumers, and May 1
through September 15 for all other persons, or an RVP control period
specified in a State implementation plan if it is longer.'' \2\ As
discussed in section III of this document, for areas not requiring a
State Implementation Plan (SIP) revision, the opt-out cannot be
effective less than 90 days from the EPA's written notification to the
State approving the RFG opt-out request.
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\2\ 40 CFR 1090.80.
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This approval is based on Kentucky's February 28, 2025, and August
4, 2025, submissions to the EPA providing the information required by
40 CFR 1090.290(d) to opt out of the RFG program. Additional
information regarding background and Kentucky's petition and
documentation can be found in sections III and IV of this notice,
respectively. This action does not revise the list of areas subject to
the Federal RFG program in 40 CFR 1090.285; the EPA will complete this
revision as a ministerial rule in a separate future action.\3\
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\3\ The EPA will also update the current listing of the RFG
covered areas upon issuance of this notice on the EPA's website at:
<a href="https://www.epa.gov/gasoline-standards/reformulated-gasoline">https://www.epa.gov/gasoline-standards/reformulated-gasoline</a>.
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III. Background
A. What is the RFG program?
The 1990 CAA Amendments established specific requirements for the
[[Page 10010]]
RFG program to reduce ozone levels in certain areas in the country
experiencing ground-level ozone or smog problems by reducing vehicle
emissions of compounds that form ozone, specifically volatile organic
compounds (VOCs). CAA section 211(k)(5) directed the EPA to issue
regulations that specify how gasoline can be ``reformulated'' so as to
result in significant reductions in vehicle emissions of ozone-forming
and toxic air pollutants relative to the 1990 baseline fuel and to
require the use of such RFG in certain ``covered areas.'' The CAA
defines certain nonattainment areas as ``covered areas'' which are
required to use RFG and provides other areas with an ability to opt in
to the RFG program. CAA section 211(k)(6) provides an opportunity for
an area classified as a Marginal, Moderate, Serious, or Severe ozone
nonattainment area, or an area which is in the ozone transport region
established by CAA section 184(a), to opt into the RFG program upon
application by the Governor of the State (or his authorized
representative) and subsequent action by the EPA.
RFG opt-in areas are subject to the prohibition in CAA section
211(k)(5) on the sale or dispensing by any person of conventional (non-
RFG) gasoline to ultimate consumers in the covered area. The
prohibition also includes the sale or dispensing by any refiner,
blender, importer, or marketer of conventional gasoline for resale in
any covered areas, without segregating the conventional gasoline from
RFG and clearly marking conventional gasoline as not for sale to
ultimate consumers in a covered area. The EPA first published
regulations for the RFG program on February 16, 1994.\4\ A current
listing of the RFG covered areas and a summary of RFG requirements can
be found on the EPA's website at <a href="https://www.epa.gov/gasoline-standards/reformulated-gasoline">https://www.epa.gov/gasoline-standards/reformulated-gasoline</a>.
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\4\ 59 FR 7716 (Feb. 16, 1994).
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B. Kentucky Portion of the Louisville Nonattainment Area
Jefferson County and portions of Bullitt and Oldham Counties in
Kentucky along with Clark and Floyd Counties in Indiana were designated
as a bi-state Moderate nonattainment area for the 1-hour ozone standard
(the ``bi-state 1-hour ozone Louisville, KY-IN Area'').\5\ In 1993,
Kentucky voluntarily petitioned to opt into the RFG program under Phase
I of a two-phase nationwide program.\6\ Kentucky elected to stay in the
program under Phase II, which was more stringent than Phase I. After
establishing the 1-hour ozone NAAQS, the EPA revised the form of the
standard to 8 hours and promulgated other ozone NAAQS and designated
the Kentucky portion of the Louisville Area in accordance with the air
quality in the Louisville Area at the time of the designations.\7\
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\5\ On Oct. 23, 2001, the bi-state 1-hour ozone Louisville, KY-
IN Area was redesignated as attainment for the 1-hour ozone NAAQS.
See 66 FR 53665. See also 56 FR 56694 (Nov. 6, 1991).
\6\ The EPA approved the petition with an effective date of Jan.
1, 1995. 59 FR 38453 (July 28, 1994).
\7\ The EPA promulgated a revised 8-hour ozone standard of 0.08
ppm on July 18, 1997. On July 5, 2007, the EPA designated Bullitt,
Jefferson, and Oldham Counties as unclassifiable/attainment for the
1997 8-hour ozone NAAQS. See 72 FR 36601. Additionally, on Mar. 12,
2008, the EPA revised both the primary and secondary NAAQS for 8-
hour ozone to a level of 0.075 ppm. See 73 FR 16436. Bullitt,
Jefferson, and Oldham Counties were designated as attainment/
unclassifiable for the 2008 8-hour ozone NAAQS. See 77 FR 30088 (May
21, 2012).
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On October 1, 2015, the EPA revised the 8-hour ozone NAAQS from
0.075 parts per million (ppm) to 0.070 ppm (the ``2015 8-hour ozone
NAAQS''), effective December 28, 2015.\8\ Bullitt, Jefferson, and
Oldham Counties in Kentucky and Clark and Floyd Counties in Indiana
were designated as Marginal nonattainment for the 2015 8-hour ozone
NAAQS on June 4, 2018.\9\ Areas that were designated as Marginal ozone
nonattainment areas were required to attain the 2015 8-hour ozone NAAQS
no later than August 3, 2021, based on 2018-2020 monitoring data. The
Kentucky portion of the Louisville Area was reclassified by operation
of law from Marginal to Moderate nonattainment on October 7, 2022,
following the EPA's finding of failure to attain by the Marginal area
attainment date.\10\ Since the area is currently classified as a
Moderate nonattainment area, the area may opt out of RFG using the opt-
out procedures in 40 CFR 1090.290(d). The EPA intends to address the
associated maintenance plan separately from this action.\11\
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\8\ 80 FR 65292 (Oct. 26, 2015).
\9\ 83 FR 25776 (Jun. 4, 2018).
\10\ 87 FR 60897 (Oct. 7, 2022) and 40 CFR 81.318.
\11\ Kentucky also submitted a second maintenance plan for the
revoked 1997 ozone standard for the Kentucky portion of the
Louisville Area to the EPA.
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C. RFG Opt-Out Procedures
The RFG regulations at 40 CFR 1090.290 provide the process and
criteria for a reasonable transition out of the RFG program if a State
decides to opt out and meets the relevant criteria.\12\ These opt-out
regulations provide that the Governor of the State must submit a
petition to the Administrator requesting to opt out of the RFG program.
The petition must include specific information on how, if at all, the
State has relied on RFG in a submitted or approved SIP or plan revision
and, if RFG is relied upon, how the SIP will be revised to reflect the
State's opt-out from RFG. If the State is not withdrawing any submitted
SIP that has not yet been approved and does not intend to submit a
revision to any approved SIP or any submitted SIP that has not yet been
approved, the State must describe why no revision is necessary.\13\ The
opt-out regulations provide that the EPA will notify the State in
writing of the Agency's action on the petition and the date the opt out
becomes effective (i.e., the date RFG is no longer required in the
affected area) if the petition is approved. The opt-out regulations
also provide that the EPA will publish a Federal Register document
announcing the approval of any opt-out petition and the effective date
of such opt out. If a SIP revision is not required, the effective date
of the EPA's approval of the opt out can be no less than 90 days from
the Agency's written notification to the State approving the RFG opt-
out request.\14\
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\12\ Pursuant to authority under CAA sections 211(c) and (k) and
301(a), the EPA promulgated regulations at 40 CFR 1090.290 to
provide criteria and general procedures for States to opt out of the
RFG program if the State had previously voluntarily opted into the
program. The regulations were initially adopted as 40 CFR 80.72 on
July 8, 1996 (61 FR 35673) (the ``RFG Opt-out Rule''), were revised
on Oct. 20, 1997 (62 FR 54552), and were subsequently revised as 40
CFR 1090.290 on Dec. 4, 2020 (85 FR 78412).
\13\ 40 CFR 1090.290(d)(1)(iii).
\14\ 40 CFR 1090.290(d)(2)(i).
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The EPA determined in the RFG Opt-out Rule that it would not be
necessary to conduct a separate rulemaking for each future opt-out
request.\15\ The EPA established a petition process to address, on a
case-by-case basis, future individual State requests to opt out of the
RFG program. As the EPA stated in the preamble to the RFG Opt-out Rule,
this application of regulatory criteria on a case-by-case basis to
individual opt-out requests does not require notice-and-comment
rulemaking, either under CAA section 307(d) or the Administrative
Procedure Act.\16\ The EPA has also long acknowledged the role of
States in air quality planning. For example, the preamble to the RFG
Opt-out Rule explained that the opt-out procedures would ``maintain[s]
the flexibility that States have in air quality planning by honoring
their right to opt out and substitute alternative control measures
where the State considers appropriate.'' \17\ Thus, in this action, the
[[Page 10011]]
EPA is applying criteria and following procedures specified in its RFG
opt-out regulations to approve the Commonwealth's petition. The EPA is
using this notification to provide sufficient notice of Kentucky's opt
out of RFG ahead of the start of the 2026 summer fuel season.
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\15\ 61 FR 35673 (July 8, 1996).
\16\ Id.
\17\ Id.
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D. Kentucky's RFG Opt-Out Request
On February 28, 2025, the Commonwealth submitted a petition to the
EPA Administrator requesting to opt out from the RFG program for the
Kentucky portion of the Louisville Area, including the information
required by the opt-out procedure in 40 CFR 1090.290(d)(1). The purpose
of the information required in the petition is to provide the EPA the
assurance that the Commonwealth has provided information required by
applicable statutory and regulatory requirements associated with the
opt-out.\18\ Kentucky submitted supplemental information, including a
noninterference demonstration, on August 4, 2025, to support the
Commonwealth's opt-out petition titled ``40 CFR 1090.290 RFG Opt-Out
Request for the Counties of Bullitt, Jefferson, and Oldham'' (the
``August 2025 Submission'').\19\ See section IV of this notice for
additional information on the August 2025 Submission and how it
supports the Commonwealth's petition.
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\18\ Id.
\19\ ``40 CFR 1090.290 RFG Opt-out Request for the Kentucky
Counties of Bullitt, Jefferson, and Oldham.'' (Aug. 4, 2025).
Prepared jointly by the Kentucky Energy and Environment Cabinet
Division for Air Quality and the Louisville Metro Pollution Control
District.
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IV. Kentucky's August 2025 Submission
As noted above, the Commonwealth submitted supplemental
information, including a noninterference demonstration, on August 4,
2025, to support its opt-out petition. This noninterference
demonstration evaluates the impact that removing RFG from the Kentucky
portion of the Louisville Area would have on the Area's ability to
attain or maintain the ozone NAAQS and any other NAAQS.\20\
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\20\ As described later in this section, the EPA supplemented
the noninterference demonstration with additional modeling to assess
the impact of RFG removal on nonroad mobile source emissions.
Nonroad mobile sources include vehicles, engines, and equipment used
for construction, agriculture, recreation, and other purposes that
do not use roadways (e.g., lawn mowers and construction equipment).
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A. Ozone NAAQS
Kentucky modeled the anticipated impacts on VOC and nitrogen oxides
(NO<INF>X</INF>) emissions from onroad mobile sources in the Kentucky
portion of the Louisville Area from the removal of the Federal RFG
requirements.\21\ Onroad mobile sources include vehicles used on roads
for transportation of passengers or freight. Specifically, Kentucky's
noninterference analysis utilized the EPA's latest mobile source
emissions model, MOtor Vehicle Emission Simulator (MOVES5), to estimate
emissions for years 2025, 2026, 2030, and 2035 for onroad mobile
sources. Given the timing of Kentucky's request and submittal, it is
anticipated that the earliest year that the RFG requirements could be
removed is 2026, making that a particularly relevant year for this
demonstration.\22\ VOC and NO<INF>X</INF> emissions were calculated for
a typical summer July day to represent the peak ozone season.
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\21\ See Tables 1 and 2 and pg. 10 of the August 2025
Submission.
\22\ See Appendix E of the August 2025 Submission for the
detailed modeling protocol.
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The MOVES5 projections demonstrate that without RFG, daily ozone
season onroad NO<INF>X</INF> emissions are projected to increase by
0.06 tons in 2026 and 0.01 tons in 2035. Without RFG, daily onroad
mobile VOC emissions are projected to increase by 0.20 tons in 2026 and
0.14 tons in 2035 during the high ozone season. The modeling shows an
overall downward trend in onroad emissions despite removing RFG from
the Kentucky portion of the Louisville Area. From 2025 to 2035 without
RFG, daily NO<INF>X</INF> emissions are projected to decrease by 57.1
percent, and daily VOC emissions are projected to decrease by 36.8
percent.
In the August 2025 Submission, Kentucky provided emissions
inventories for VOC and NO<INF>X</INF> for the following general source
categories: point (electric generating units and non-electric
generating units and aircraft emissions), nonpoint, nonroad mobile, and
onroad mobile.\23\ The point, nonpoint, and nonroad projected emissions
inventories were developed using the EPA's 2022v1 Emissions Modeling
Platform \24\ and account for projected growth rates in population,
traffic, economic activity, and other parameters. Kentucky determined
there were no changes in VOC and NO<INF>X</INF> emissions from the
point, nonpoint, and nonroad categories that would be impacted by the
RFG removal in the Kentucky portion of the Louisville Area.
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\23\ See Tables 3-6 on pages 13-14 of Kentucky's August 2025
Submission.
\24\ The EPA's 2022v1 Emissions Modeling Platform: <a href="https://gaftp.epa.gov/Air/emismod/2022/v1/">https://gaftp.epa.gov/Air/emismod/2022/v1/</a>.
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Kentucky's nonroad projections for VOC emissions utilized the EPA's
2022v1 Emissions Modeling Platform and did not account for emissions
increases due to the increased Reid vapor pressure of conventional
gasoline. The EPA estimated the anticipated impacts on VOC emissions
from nonroad mobile sources in Bullitt, Jefferson, and Oldham Counties
from removal of the RFG requirements using MOVES5. Only VOC emissions
changes are discussed since NO<INF>X</INF> emissions from the nonroad
sector did not change significantly as a result of the removal of RFG.
The EPA's estimated VOC emissions changes from nonroad sources are
summarized in Table 2 in tons per summer day (tpsd).
Table 2--2026-2035 Estimated Nonroad VOC Emissions Changes for the Kentucky Portion of the Louisville Area From
the Removal of RFG
[tpsd]
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County 2026 2030 2035
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Jefferson....................................................... 0.26 0.26 0.27
Bullitt......................................................... 0.02 0.02 0.03
Oldham.......................................................... 0.02 0.03 0.03
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Entire Area................................................. 0.30 0.31 0.33
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The EPA notes that, even with the changes in VOC and NO<INF>X</INF>
emissions from onroad and nonroad sources due to removal of RFG, total
emissions from all sectors in the nonattainment area will decrease over
time. Tables 3 and 4 show
[[Page 10012]]
VOC and NO<INF>X</INF> emissions, respectively, in 2025 with RFG, and
in 2026 and 2035 with and without RFG for the entire Kentucky portion
of the Louisville Area, including onroad and nonroad estimates
calculated using MOVES5.\25\
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\25\ The values in Tables 3 and 4 include values from Kentucky's
submission for onroad, point, and nonpoint sources (See Tables 3-6
on pages 13-14 of Kentucky's August 2025 Submission) and the EPA's
estimates of nonroad emissions from Table 2 above.
Table 3--VOC Emissions With and Without RFG for the Kentucky Portion of the Louisville Area
[tpsd]
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2025 2026 2035
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With RFG........................................................ 75.14 73.96 71.31
Without RFG..................................................... N/A 74.46 71.78
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Table 4--NOX Emissions With and Without RFG for the Kentucky Portion of the Louisville Area
[tpsd]
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2025 2026 2035
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With RFG........................................................ 49.63 47.47 35.67
Without RFG..................................................... N/A 47.53 35.68
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Kentucky's noninterference demonstration included an analysis of
the ozone sensitivity in the area. Kentucky cited studies that found
the Kentucky portion of the Louisville Area to be NO<INF>X</INF>-
limited, meaning that reductions of NO<INF>X</INF> emissions are more
effective at reducing ozone concentrations.\26\ Therefore, increases in
VOC emissions are not expected to have a significant impact on ozone
concentrations in the area.\27\
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\26\ See pages 7-8 of Kentucky's August 2025 Submission.
\27\ Kentucky discusses additional expected reductions due to
changes at the Mill Creek Generating Station. See the August 2025
Submission at pages 8-10.
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B. Other NAAQS
Kentucky described how the removal of RFG will not have a
significant impact on continued attainment of the other NAAQS,
including for sulfur dioxide, particulate matter, lead, nitrogen
dioxide, and carbon monoxide.\28\ The Kentucky portion of the
Louisville Area is currently designated attainment/unclassifiable for
these NAAQS. As mentioned previously, the RFG program was developed to
address emissions of the ozone precursors, VOC and NO<INF>X</INF>. As a
result, the Commonwealth provided the required documentation to show
that removing the RFG requirements in Bullitt, Jefferson, and Oldham
Counties will not interfere with Kentucky's ability to continue
attaining these NAAQS.
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\28\ See page 18 of Kentucky's Aug. 2025 Submission.
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V. Conclusion
By letter dated February 26, 2026, to the Governor of Kentucky, the
EPA has approved the Commonwealth's petition and set an effective date
for the opt out from the RFG program as May 27, 2026.\29\ This opt out
effective date applies to retailers, wholesale purchasers, consumers,
refiners, importers, and distributors.
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\29\ 40 CFR 1090.290(d)(2)(i).
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As provided by the RFG regulations in 40 CFR 1090.290(e), the EPA
will publish a final rule at a later date to remove the three counties
in the Kentucky portion of the Louisville Area from the list of RFG
covered areas in 40 CFR 1090.285(d) after the effective date of the opt
out. The EPA expects that completing this ministerial exercise to
revise the list of covered areas in the Code of Federal Regulations
after the effective date of the opt out allows the opt out to become
effective within the timeframe described in 40 CFR 1090.290(d) and
allows the EPA to keep the lists of RFG covered areas in 40 CFR
1090.285 up to date.
Aaron Szabo,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2026-04127 Filed 2-27-26; 8:45 am]
BILLING CODE 6560-50-P
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