Section 80.41(p) states that if a maximum or minimum standard is changed to be more stringent, the effective date for such a change shall be ninety days following the date EPA announces the change. Yet in 80.40(k)-(o) it is stated that the more stringent standard goes into effect beginning in the following year. Is this inconsistent?
In the case of the average standard, a more stringent ratcheted standard will be effective for the entire year even if the ratchet is not announced by EPA until late in the previous year or early in the year of the ratchet. (As is discussed in Survey Question 5 above, the Agency will use every means possible to assure early announcement of survey failures and ratchets.)
Section 80.41(p) clarifies that ratcheted minimums and maximums will become effective 90 days after the ratchet is announced. (7/1/94)
This question and answer was posted at List of Reformulated Gasoline and Anti-Dumping Questions and Answers: July 1, 1994 through November 10, 1997 (pdf)