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Current as of October 02, 2022 | Updated by FindLaw Staff
(a) Annual compliance demonstration for sulfur. For each compliance period, a gasoline manufacturer must submit a report for each of their facilities that includes all the following information:
(1) Company-level reporting. For the company, as applicable:
(i) The EPA–issued company and facility identifiers.
(ii) Provide information for sulfur credits, and separately by compliance period of creation, as follows:
(A) The number of sulfur credits owned at the beginning of the compliance period.
(B) The number of sulfur credits that expired at the end of the compliance period.
(C) The number of sulfur credits that will be carried over into the next compliance period.
(D) Any other information as EPA may require in order to administer reporting systems.
(2) Facility-level reporting. For each refinery or importer, as applicable:
(i) The EPA–issued company and facility identifiers.
(ii) The compliance sulfur value, per § 1090.700(a)(1), in ppm-gallons.
(iii) The total volume of gasoline produced or imported, in gallons.
(iv) Provide information for sulfur credits, and separately by compliance period of creation, as follows:
(A) The number of sulfur credits generated during the compliance period.
(B) The number of sulfur credits retired during the compliance period.
(C) The sulfur credit deficit that was carried over from the previous compliance period.
(D) The sulfur credit deficit that will be carried over into the next compliance period.
(E) The total sulfur deficit from downstream BOB recertification, per § 1090.740(b)(2).
(v) The unadjusted average sulfur concentration, per § 1090.745(b), in ppm.
(vi) The net average sulfur concentration, per § 1090.745(c), in ppm.
(vii) Any other information as EPA may require in order to administer reporting systems.
(b) Annual compliance demonstration for benzene. For each compliance period, a gasoline manufacturer must submit a report for each of their facilities that includes all the following information:
(1) Company-level reporting. For the company, as applicable:
(i) The EPA–issued company and facility identifiers and compliance level.
(ii) Provide information for benzene credits, and separately by compliance period of creation, as follows:
(A) The number of benzene credits owned at the beginning of the compliance period.
(B) The number of benzene credits that expired at the end of the compliance period.
(C) The number of benzene credits that will be carried over into the next compliance period.
(D) Any other information as EPA may require in order to administer reporting systems.
(2) Facility-level reporting. For each fuel manufacturing facility or importer, as applicable:
(i) The EPA–issued company and facility identifiers.
(ii) The compliance benzene value, per § 1090.700(b)(1)(i), in benzene gallons.
(iii) The total volume of gasoline produced or imported, in gallons.
(iv) The average benzene concentration, per § 1090.700(b)(3), in percent volume. For an importer, report the average benzene concentration for each aggregated import facility.
(v) The net average benzene concentration, per § 1090.745(d), in percent volume.
(vi) Provide information for benzene credits, and separately by compliance period of creation, as follows:
(A) The number of benzene credits generated during the compliance period.
(B) The number of benzene credits retired during the compliance period.
(C) The benzene credit deficit that was carried over from the previous compliance period
(D) The benzene credit deficit that will be carried over into the next compliance period.
(E) The total benzene deficit from downstream BOB recertification, per § 1090.740(b)(4).
(vii) Any other information as EPA may require in order to administer reporting systems.
(c) Batch reporting. A gasoline manufacturer must report the following information for each of their facilities on a per-batch basis for gasoline and gasoline regulated blendstocks:
(1) For all gasoline for which the gasoline manufacturer has not accounted for oxygenate added downstream under § 1090.710:
(i) The EPA–issued company and facility identifiers.
(ii) The batch number.
(iii) The date the batch was produced or imported.
(iv) The batch volume, in gallons.
(v) The designation of the gasoline as RFG, CG, RFG “Intended for Oxygenate Blending”, or CG “Intended for Oxygenate Blending”.
(vi) The tested sulfur content of the batch separately for per-gallon and average compliance, in ppm, and the test method used to measure the sulfur content.
(vii) The tested benzene content of the batch, as a volume percentage, and the test method used to measure the benzene content.
(viii) For all batches of summer gasoline:
(A) The applicable RVP standard, as specified in § 1090.215.
(B) The tested RVP of the batch, in psi, and the test method used to measure the RVP. If the gasoline is Summer RFG that is designated as “Intended for Oxygenate Blending” under § 1090.1010(a)(4), report the tested RVP for the hand blend.
(ix) If the gasoline contains oxygenate, the type and tested content of each oxygenate, as a volume percentage, and the test method used to measure the content of each oxygenate.
(2) For BOB for which the gasoline manufacturer has accounted for oxygenate added downstream under § 1090.710:
(i) The EPA–issued company and facility identifiers.
(ii) The batch identification.
(iii) The date the batch of BOB was produced or imported.
(iv) The batch volume, in gallons. This volume is the sum of the produced or imported BOB volume plus the anticipated volume from the addition of oxygenate downstream that the gasoline manufacturer specified to be blended with the BOB.
(v) The designation of the BOB (CBOB or RBOB) used to prepare the hand blend of BOB and oxygenate under § 1090.1340.
(vi) The tested sulfur content for both the BOB and the hand blend of BOB and oxygenate prepared under § 1090.1340, and the test method used to measure the sulfur content.
(vii) The tested benzene content for the hand blend of BOB and oxygenate prepared under § 1090.1340, and the test method used to measure the benzene content.
(viii) For all batches of summer BOB:
(A) The applicable RVP standard, as specified in § 1090.215, for the neat CBOB, or hand blend of RBOB and oxygenate prepared under § 1090.1340.
(B) The tested RVP for the neat CBOB or hand blend of RBOB and oxygenate prepared under § 1090.1340, in psi, and the test method used to measure the RVP.
(ix) The type and content of each oxygenate, as a volume percentage, in the hand blend of BOB and oxygenate prepared under § 1090.1340, and, if measured, the test method used for each oxygenate.
(3) For blendstock added to PCG by a gasoline manufacturer complying by subtraction under § 1090.1320(a)(1):
(i) For the PCG prior to the addition of blendstock:
(A) The EPA–issued company and facility identifiers for the facility at which the PCG is blended to produce a new batch.
(B) The batch number assigned by the facility at which the PCG is blended to produce a new batch.
(C) The date the batch was received or, for PCG that was not received from another company, the date the PCG was designated to be used to produce a new batch of gasoline.
(D) The batch volume, including the volume of any oxygenate that would have been added to the PCG, as a negative number in gallons.
(E) The designation of the PCG.
(F) The tested sulfur content of the batch, in ppm, and the test method used to measure the sulfur content. If the PCG is a BOB, report the tested sulfur content of the hand blend prepared under § 1090.1340.
(G) The tested benzene content of the batch, as a volume percentage, and the test method used to measure the benzene content. If the PCG is a BOB, report the tested benzene content of the hand blend prepared under § 1090.1340.
(H) For all batches of summer gasoline or BOB:
(1) The applicable RVP standard, as specified in § 1090.215.
(2) The tested RVP of the batch, in psi, and the test method used to measure the RVP.
(I) If the PCG contains oxygenate, the type and tested content of each oxygenate, as a volume percentage, and the test method used to measure the content of each oxygenate.
(J) Identification of the batch as PCG.
(ii) For the batch of gasoline or BOB produced using PCG and blendstock:
(A) For batches of finished gasoline or neat BOB, all the information specified in paragraph (c)(1) of this section.
(B) For batches of BOB in which the oxygenate to be blended with the BOB is included in the gasoline manufacturer's compliance calculations, all the information specified in paragraph (c)(2) of this section.
(4) For blendstock(s) added to PCG by a gasoline manufacturer complying by addition under § 1090.1320(a)(2), report each blendstock as a separate batch and all the following:
(i) For the blendstock, the sulfur content and benzene content of the batch.
(ii) For batches produced by adding blendstock to PCG, the sulfur content, oxygenate type and amount (unless not required under § 1090.1310(e)), and for summer gasoline, RVP, of the batch.
(5) For certified butane blended by a certified butane blender or certified pentane blended by a certified pentane blender:
(i) For the certified butane or certified pentane batch:
(A) The batch number.
(B) The date the batch was received by the blender.
(C) The volume of certified butane or certified pentane blended, in gallons.
(D) The designation of the batch (certified butane or certified pentane).
(E) The volume percentage of butane in butane batches, or pentane in pentane batches, provided by the certified butane or certified pentane supplier.
(F) The sulfur content of the batch, in ppm, provided by the certified butane or certified pentane supplier.
(G) The benzene content of the batch, in volume percent, provided by the certified butane or certified pentane supplier.
(ii) For the batch of blended product (i.e., PCG plus butane or PCG plus pentane):
(A) The batch number.
(B) The date the batch was produced.
(C) The batch volume, in gallons.
(D) The designation of the blended product.
(E) For a new batch of gasoline (e.g., a blended gasoline containing certified butane and PCG) that is summer gasoline or summer BOB, the tested RVP of the batch, in psi, and the test method used to measure the RVP.
(6) For gasoline produced by adding any blendstocks to TGP:
(i) For each batch of gasoline produced with TGP, the sulfur content and for summer gasoline, RVP, of the batch.
(ii) For blendstocks added to TGP, a transmix processor or blending manufacturer must treat the TGP like PCG and report one of the following:
(A) The information specified in paragraph (c)(3) of this section.
(B) The information specified in paragraph (c)(4) of this section.
(7) For GTAB:
(i) The EPA–issued company and facility identifiers.
(ii) The batch number.
(iii) The date the batch was imported.
(iv) The batch volume, in gallons.
(v) The designation of the product as GTAB.
(8) For each batch of gasoline produced by a transmix processor or blending manufacturer from only TGP or both TGP and PCG under § 1090.505:
(i) The EPA–issued company and facility identifiers.
(ii) The batch number.
(iii) The date the batch was produced.
(iv) The batch volume, in gallons.
(v) The designation of the gasoline.
(vi) The tested sulfur content of the batch, in ppm, and the test method used to measure the sulfur content.
(vii) For summer gasoline:
(A) The applicable RVP standard in § 1090.215.
(B) The tested RVP of the batch, in psi, and the test method used to measure the RVP.
(9) Any other information as EPA may require in order to administer reporting systems.
(d) Credit transactions. Any party that is required to demonstrate annual compliance under paragraph (a) or (b) of this section must submit information related to individual transactions involving sulfur and benzene credits, including all the following:
(1) The generation, purchase, sale, or retirement of such credits.
(2) If any credits were obtained from or transferred to other fuel manufacturers, and for each other party, their name and EPA–issued company identifier, the number of credits obtained from or transferred to the other party, and the year the credits were generated.
(3) Any other information as EPA may require in order to administer reporting systems.
Cite this article: FindLaw.com - Code of Federal Regulations Title 40. Protection of Environment § 40.1090.905 Annual, batch, and credit transaction reporting for gasoline manufacturers - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-40-protection-of-environment/cfr-sect-40-1090-905/
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