[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: 40CFR80.75]
[Page 695-698]
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. 80.75 Reporting requirements.
Any refiner or importer shall report as specified in this section,
and shall report such other information as the Administrator may
require.
(a) Quarterly reports for reformulated gasoline. Any refiner or
importer that produces or imports any reformulated gasoline or RBOB
shall submit quarterly reports to the Administrator for each refinery at
which such reformulated gasoline or RBOB was produced and for all such
reformulated gasoline or RBOB imported by each importer.
(1) The quarterly reports shall be for all such reformulated
gasoline or RBOB produced or imported during the following time periods:
(i) The first quarterly report shall include information for
reformulated gasoline or RBOB produced or imported from January 1
through March 31, and shall be submitted by May 31 of each year
beginning in 1995;
(ii) The second quarterly report shall include information for
reformulated gasoline or RBOB produced or imported from April 1 through
June 30, and shall be submitted by August 31 of each year beginning in
1995;
(iii) The third quarterly report shall include information for
reformulated gasoline or RBOB produced or imported from July 1 through
September 30, and shall be submitted by November 30 of each year
beginning in 1995; and
(iv) The fourth quarterly report shall include information for
reformulated gasoline or RBOB produced or imported from October 1
through December 31, and shall be submitted by the last day of February
of each year beginning in 1996.
(2) [Reserved]
(3) Information pertaining to gasoline produced or imported during
1994 shall be included in the first quarterly report in 1995.
(b) Reports for gasoline or RBOB produced or imported under the
simple model--(1) RVP averaging reports. (i) Any refiner or importer
that produced or imported any reformulated gasoline or RBOB under the
simple model that was to meet RVP standards on average (``averaged
reformulated gasoline'') shall submit to the Administrator, with the
third quarterly report, a report for each refinery or importer for such
averaged reformulated gasoline or RBOB produced or imported during the
previous RVP averaging period. This information shall be reported
separately for the following categories:
(A) Gasoline or RBOB which is designated as VOC-controlled intended
for areas in VOC-Control Region 1; and
(B) Gasoline or RBOB which is designated as VOC-controlled intended
for VOC-Control Region 2.
(ii) The following information shall be reported:
(A) The total volume of averaged reformulated gasoline or RBOB in
gallons;
(B) The compliance total value for RVP; and
(C) The actual total value for RVP.
(2) Sulfur, olefins and T90 averaging reports. (i) Any refiner or
importer that produced or imported any reformulated
[[Page 696]]
gasoline or RBOB under the simple model shall submit to the
Administrator, with the fourth quarterly report, a report for such
reformulated gasoline or RBOB produced or imported during the previous
year:
(A) For each refinery or importer; or
(B) In the case of refiners who operate more than one refinery, for
each grouping of refineries as designated by the refiner pursuant to
Sec. 80.41(h)(2)(iii).
(ii) The following information shall be reported:
(A) The total volume of reformulated gasoline or RBOB in gallons;
(B) The applicable sulfur content standard under Sec.
80.41(h)(2)(i) in parts per million;
(C) The average sulfur content in parts per million;
(D) The difference between the applicable sulfur content standard
under Sec. 80.41(h)(2)(i) in parts per million and the average sulfur
content under paragraph (b)(2)(ii)(C) of this section in parts per
million, indicating whether the average is greater or lesser than the
applicable standard;
(E) The applicable olefin content standard under Sec.
80.41(h)(2)(i) in volume percent;
(F) The average olefin content in volume percent;
(G) The difference between the applicable olefin content standard
under Sec. 80.41(h)(2)(i) in volume percent and the average olefin
content under paragraph (b)(2)(ii)(F) of this section in volume percent,
indicating whether the average is greater or lesser than the applicable
standard;
(H) The applicable T90 distillation point standard under Sec.
80.41(h)(2)(i) in degrees Fahrenheit;
(I) The average T90 distillation point in degrees Fahrenheit; and
(J) The difference between the applicable T90 distillation point
standard under Sec. 80.41(h)(2)(i) in degrees Fahrenheit and the
average T90 distillation point under paragraph (b)(2)(ii)(I) of this
section in degrees Fahrenheit, indicating whether the average is greater
or lesser than the applicable standard.
(c) VOC emissions performance averaging reports. (1) Any refiner or
importer that produced or imported any reformulated gasoline or RBOB
under the complex model that was to meet the VOC emissions performance
standards on average (``averaged reformulated gasoline'') shall submit
to the Administrator, with the third quarterly report, a report for each
refinery or importer for such averaged reformulated gasoline produced or
imported during the previous VOC averaging period. This information
shall be reported separately for the following categories:
(i) Gasoline or RBOB which is designated as VOC-controlled intended
for areas in VOC-Control Region 1; and
(ii) Gasoline or RBOB which is designated as VOC-controlled intended
for VOC-Control Region 2.
(2) The following information shall be reported:
(i) The total volume of averaged reformulated gasoline or RBOB in
gallons;
(ii) The compliance total value for VOC emissions performance; and
(iii) The actual total value for VOC emissions performance.
(d) Benzene content averaging reports. (1) Any refiner or importer
that produced or imported any reformulated gasoline or RBOB that was to
meet the benzene content standards on average (``averaged reformulated
gasoline'') shall submit to the Administrator, with the fourth quarterly
report, a report for each refinery or importer for such averaged
reformulated gasoline that was produced or imported during the previous
toxics averaging period.
(2) The following information shall be reported:
(i) The volume of averaged reformulated gasoline or RBOB in gallons;
(ii) The compliance total content of benzene;
(iii) The actual total content of benzene;
(iv) The number of benzene credits generated as a result of actual
total benzene being less than compliance total benzene;
(v) The number of benzene credits required as a result of actual
total benzene being greater than compliance total benzene;
(vi) The number of benzene credits transferred to another refinery
or importer; and
[[Page 697]]
(vii) The number of benzene credits obtained from another refinery
or importer.
(e) Toxics emissions performance averaging reports. (1) Any refiner
or importer that produced or imported any reformulated gasoline or RBOB
that was to meet the toxics emissions performance standards on average
(``averaged reformulated gasoline'') shall submit to the Administrator,
with the fourth quarterly report, a report for each refinery or importer
for such averaged reformulated gasoline that was produced or imported
during the previous toxics averaging period.
(2) The following information shall be reported:
(i) The volume of averaged reformulated gasoline or RBOB in gallons;
(ii) The compliance value for toxics emissions performance; and
(iii) The actual value for toxics emissions performance.
(f) [Reserved]
(g) NOX emissions performance averaging reports. (1) Any
refiner or importer that produced or imported any reformulated gasoline
or RBOB that was to meet the NOX emissions performance
standard on average (``averaged reformulated gasoline'') shall submit to
the Administrator, with the fourth quarterly report, a report for each
refinery or importer for such averaged reformulated gasoline that was
produced or imported during the previous NOX averaging
period.
(2) The following information shall be reported:
(i) The volume of averaged reformulated gasoline or RBOB in gallons;
(ii) The compliance value for NOX emissions performance;
and
(iii) The actual value for NOX emissions performance.
(3) The information required by paragraph (g)(2) of this section
shall be reported separately for the following categories:
(i) Gasoline and RBOB which is designated as VOC-controlled; and
(ii) Gasoline and RBOB which is not designated as VOC-controlled.
(h) Credit transfer reports. As an additional part of the fourth
quarterly report required by this section, any refiner or importer
shall, for each refinery or importer, supply the following information
for any benzene credits that are transferred from or to another refinery
or importer:
(1) The names, EPA-assigned registration numbers and facility
identification numbers of the transferor and transferee of the credits;
(2) The number(s) of credits that were transferred; and
(3) The date(s) of the transaction(s).
(i) Covered areas of gasoline use report. Any refiner that produced
any reformulated gasoline that was to meet any reformulated gasoline
standard on average (``averaged reformulated gasoline'') shall, for each
refinery at which such averaged reformulated gasoline was produced
submit to the Administrator, with the fourth quarterly report, a report
that contains the identity of each covered area that was supplied with
any averaged reformulated gasoline produced at each refinery during the
previous year.
(j) Additional reporting requirements for certain importers. In the
case of any importer to whom different standards apply for gasoline
imported at different facilities by operation of Sec. 80.41(q)(2), such
importer shall submit separate reports for gasoline imported into
facilities subject to different standards.
(k) Reporting requirements for early use of the complex model. Any
refiner for any refinery, or any importer, that elects to be subject to
complex model standards under Sec. 80.41(i)(1) shall report such
election in writing to the Administrator no later than sixty days prior
to the beginning of the calendar year during which such standards would
apply. This report shall include the refinery's or importer's baseline
values for VOC, NOX, and toxics emissions performance, in
milligrams per mile.
(l) Reports for per-gallon compliance gasoline. In the case of
reformulated gasoline or RBOB for which compliance with each of the
standards set forth in Sec. 80.41 is achieved on a per-gallon basis,
the refiner or importer shall submit to the Administrator, by the last
day of February of each year beginning in 1996, a report of the volume
of each designated reformulated gasoline or RBOB produced or imported
during the previous calendar year for which compliance is achieved on a
per-gallon basis, and a statement that each gallon of
[[Page 698]]
this reformulated gasoline or RBOB met the applicable standards.
(m) Reports of compliance audits. Any refiner or importer shall
cause to be submitted to the Administrator, by May 31 of each year, the
report of the compliance audit required by Sec. 80.65(h).
(n) Report submission. The reports required by this section shall
be:
(1) Submitted on forms and following procedures specified by the
Administrator; and
(2) Signed and certified as correct by the owner or a responsible
corporate officer of the refiner or importer.
(o) Additional reporting requirements for refiners that blend butane
with reformulated gasoline or RBOB. For refiners that blend any butane
with reformulated gasoline or RBOB under Sec. 80.82, the refiner shall
submit to the Administrator, by the last day of February of each year, a
report for the refinery which includes the following information for the
previous calendar year:
(1) The total volume of butane blended with reformulated gasoline or
RBOB at the refinery, separately for reformulated gasoline and RBOB;
(2) The total volume of reformulated gasoline or RBOB produced using
butane, separately for reformulated gasoline and RBOB;
(3) A statement that each gallon of reformulated gasoline or RBOB
produced using butane met the applicable per-gallon standards under
Sec. 80.41;
(4) A statement that all butane blended with reformulated gasoline
or RBOB at the refinery is included in the volume reported in paragraph
(o)(2) of this section;
[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36964, July 20, 1994; 60
FR 65574, Dec. 20, 1995; 62 FR 60135, Nov. 6, 1997; 66 FR 67106, Dec.
28, 2001; 71 FR 74569, Dec. 15, 2005; 71 FR 26700, May 8, 2006]