In what areas outside the continental U.S. must refiners and importers comply with the RFG and anti-dumping requirements?

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Under § 302(d) of the CAA, the term "State" means "a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa and includes the Commonwealth of the Northern Mariana Islands." Sections 211(k)(5) and (6) of the CAA impose the RFG requirements in all "covered areas" and "opt-in" areas within a State. Under § 211(k)(8) of the CAA, the anti-dumping requirements apply to gasoline "sold or introduced into commerce," which, under § 216(6), means commerce between any place in any State and any place outside thereof, and commerce wholly within the District of Columbia. As a result, refiners that operate refineries in any of the areas specified under § 302(d) of the CAA, or importers who import gasoline into any of these areas, must meet the RFG and anti-dumping requirements for this gasoline.

Section 325(a)(1) of the CAA provides that, upon petition by the Governor of Guam, American Samoa, the Virgin Islands, or the Commonwealth of the Northern Mariana Islands, the Administrator of EPA may exempt any person or source (or class of persons or sources) in such territory from these requirements if the Administrator finds that compliance with such requirements is not feasible or is unreasonable due to unique geographical, meteorological, or economic factors of such territory, or such other local factors as the Administrator deems significant. (11/21/94)

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