[Code of Federal Regulations]
[Title 40, Volume 14]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR80.73]

[Page 657-658]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 80--REGULATION OF FUELS AND FUEL ADDITIVES--Table of Contents
 
                    Subpart D--Reformulated Gasoline
 
Sec. 80.73  Inability to produce conforming gasoline in extraordinary 
circumstances.

    In appropriate extreme and unusual circumstances (e.g., natural 
disaster or Act of God) which are clearly outside the control of the 
refiner, importer, or

[[Page 658]]

oxygenate blender and which could not have been avoided by the exercise 
of prudence, diligence, and due care, EPA may permit a refiner, 
importer, or oxygenate blender, for a brief period, to distribute 
gasoline which does not meet the requirements for reformulated gasoline, 
if:
    (a) It is in the public interest to do so (e.g., distribution of the 
nonconforming gasoline is necessary to meet projected shortfalls which 
cannot otherwise be compensated for);
    (b) The refiner, importer, or oxygenate blender exercised prudent 
planning and was not able to avoid the violation and has taken all 
reasonable steps to minimize the extent of the nonconformity;
    (c) The refiner, importer, or oxygenate blender can show how the 
requirements for reformulated gasoline will be expeditiously achieved;
    (d) The refiner, importer, or oxygenate blender agrees to make up 
air quality detriment associated with the nonconforming gasoline, where 
practicable; and
    (e) The refiner, importer, or oxygenate blender pays to the U.S. 
Treasury an amount equal to the economic benefit of the nonconformity 
minus the amount expended, pursuant to paragraph (d) of this section, in 
making up the air quality detriment.