WILLIAM DONALD SCHAEFER, Governor                            Ch. 201

(I)       DETERMINES THAT THE IMPLEMENTATION OF THE PROGRAM
IN MARYLAND IN CONJUNCTION WITH THE USE OF FEDERAL REFORMULATED
GASOLINE THAT IS CERTIFIED BY THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY UNDER 42 U.S.C. § 7545(K) FOR SALE AND USE IN STATES
OTHER THAN CALIFORNIA VIOLATES THE FEDERAL CLEAN AIR ACT, 42 U.S.C. §§ 7401
ET.SEQ.; OR

(II)     OTHERWISE REQUIRES THE SALE AND USE OF ANY TYPE OF
REFORMULATED GASOLINE IN MARYLAND OTHER THAN THE FEDERAL
REFORMULATED GASOLINE THAT IS CERTIFIED BY THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY UNDER 42 U.S.C. § 7545(K) FOR SALE AND
USE IN STATES OTHER THAN CALIFORNIA; OR

(2) THE ENACTMENT OF A FEDERAL STATUTE OR ADOPTION OF A
FEDERAL REGULATION THAT:

(I) PROVIDES THAT IMPLEMENTATION OF THE PROGRAM IN
MARYLAND REQUIRES THE SALE AND USE OF ANY TYPE OF GASOLINE OTHER THAN
THE FEDERAL REFORMULATED GASOLINE THAT IS CERTIFIED BY THE UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY UNDER 42 U.S.C. § 7545(K) FOR SALE
AND USE IN STATES OTHER THAN CALIFORNIA; OR

(II) OTHERWISE REQUIRES THE SALE AND USE OF ANY TYPE OF
GASOLINE IN MARYLAND OTHER THAN THE FEDERAL REFORMULATED GASOLINE
THAT IS CERTIFIED BY THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY UNDER 42 U.S.C. § 7545(K) FOR SALE AND USE IN STATES OTHER THAN
CALIFORNIA.

(F) (1) IN ADDITION TO THE PROVISIONS OF SUBSECTION (E)(1) OF THIS
SECTION, THE SECRETARY SHALL SUSPEND THE IMPLEMENTATION OF THE
PROGRAM ESTABLISHED UNDER THIS SUBTITLE IF ANY COURT:

(I) DETERMINES THAT THE IMPLEMENTATION OF THE PROGRAM
IN MARYLAND IN CONJUNCTION WITH THE USE OF FEDERAL REFORMULATED
GASOLINE THAT IS CERTIFIED BY THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY UNDER 42 U.S.C. § 7545(K) FOR SALE AND USE IN STATES
OTHER THAN CALIFORNIA VIOLATES THE FEDERAL CLEAN AIR ACT, 42 U.S.C. §§ 7401
ET SEQ.; OR

(II) OTHERWISE REQUIRES THE SALE AND USE OF ANY TYPE OF
REFORMULATED GASOLINE IN MARYLAND OTHER THAN THE FEDERAL
REFORMULATED GASOLINE THAT IS CERTIFIED BY THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY UNDER 42 U.S.C. § 7545(K) FOR SALE AND
USE IN STATES OTHER THAN CALIFORNIA.

(2) IF THE IMPLEMENTATION OF THE PROGRAM IS SUSPENDED UNDER
PARAGRAPH (1) OF THIS SUBSECTION, THE PROGRAM SHALL REMAIN SUSPENDED
UNTIL A FINAL NONAPPEALABLE DECISION OR ORDER IS ISSUED BY THE HIGHEST
COURT OF COMPETENT JURISDICTION.

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