40 C.F.R. § 80.1
Scope
(a) This part prescribes regulations for the renewable fuel program under the Clean Air Act section 211(o) (42 U.S.C. 7545(o)).
(b) This part also prescribes regulations for the labeling of fuel dispensing systems for oxygenated gasoline at retail under the Clean Air Act section 211(m)(4) (42 U.S.C. 7545(m)(4)).
(c) Nothing in this part is intended to preempt the ability of state or local governments to control or prohibit any fuel or fuel additive for use in motor vehicles and motor vehicle engines which is not explicitly regulated by this part.
Notes of Decisions
Cited in 9
cases, 1973–2015 · leading case: Ethyl Corp. v. Environmental Protection Agency
Ethyl Corp. v. Environmental Protection Agency (1976)
“33734, the Administrator ultimately did make his finding in the language of the statute: These regulations are based upon a determination by the Administrator that the emission product of a fuel or additive will endanger the public health * * *.”
Exxon Corporation v. The City of New York, Getty Oil Co. (Eastern Operations), Inc. v. The City of New York (1973)
“40 C.F.R. §§ 80.1 -.24 (1973). 2 It is urged that by taking this action the United States, pursuant to § 211(c)(4) of the Glean Air Act, 42 U.”
American Petroleum Institute v. Jorling (1989)
“” 40 C.F.R. § 80.1 (a). These regulations, among other things, limited the lead content of gasoline as a motor vehicle fuel and required retailers to make unleaded gasoline (at specified minimum octane levels) available for sale; regulation of gasoline volatility and Reid vapor…”
Steinbach v. Northwestern National Life Insurance (1989)
“§ 7401-7642 (1983), and the related regulations, 40 C.F.R. § 80.1 -.26 (1980), made it illegal to introduce leaded gasoline into a vehicle designed for unleaded gasoline.”
Exxon Corporation v. The City of New York, Getty Oil Co. (Eastern Operations), Inc. v. The City of New York (1977)
“” 40 C.F.R. § 80.1 . Since the federal regulations make no reference to the volatility of gasoline, it cannot be said that the City has imposed controls or prohibitions “identical” to the prohibitions or controls prescribed by the Administrator.”
American Fuel & Petrochemical Manufacturers v. O'Keeffe (2015)
“2003) (citations and internal quotations omitted); see also 40 C.F.R. § 80.1 (“[n]othing in this part is intended to preempt the ability of State or local governments to control or *1286 prohibit any fuel or additive for use in motor vehicles and motor vehicle engines which is…”
EXXON CORPORATION v. City of New York (1974)
“See 40 C.F.R. § 80.1 -.24, 38 Fed.Reg. 1254-56 (January 10, 1973).”
Exxon Corporation v. City of New York (1973)
“See 40 C.F.R. § 80.1 ; 38 Fed.Reg. 1254-55. The Administrator has not acted pursuant to his authority to set *663 standards for the use of fuel additives for the purpose of protecting public health or welfare, although he has indicated his intention to do so in the future.”
United States v. Sharp (1986)
“, Kerr-McGee Corporation and Kerr-McGee Refining Corporation for a violation of the unleaded gasoline regulations, 40 C.F.R. § 80.1 , et seq., adopted pursuant to § 211(c) of the Clean Air Act, 42 U.”
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