[Code of Federal Regulations]

[Title 40, Volume 16]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR80.73]



[Page 693]

 

                   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 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, or does not contain the type(s) and amount(s) of 

oxygenate required under Sec.  80.69(b)(1), 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.



[38 FR 1255, Jan. 10, 1973, as amended at 71 FR 26700, May 8, 2006]