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Current as of January 02, 2025 | Updated by Findlaw Staff
(a) Beginning with the 1995 averaging period, and for each subsequent averaging period, any refiner for each refinery or group of refineries at which any conventional gasoline is produced, and any importer that imports any conventional gasoline, shall submit to the Administrator a report which contains the following information:
(1) The total gallons of conventional gasoline produced or imported;
(2), (3) [Reserved]
(4)(i) If using the simple model:
(A) The applicable exhaust benzene emissions standard under § 80.101(b)(1)(i);
(B) The average exhaust benzene emissions under § 80.101(g);
(C) The applicable sulfur content standard under § 80.101(b)(1)(ii) in parts per million;
(D) The average sulfur content under § 80.101(g) in parts per million;
(E) The difference between the applicable sulfur content standard under § 80.101(b)(1)(ii) in parts per million and the average sulfur content under paragraph (a)(4)(i)(D) of this section in parts per million, indicating whether the average is greater or lesser than the applicable standard;
(F) The applicable olefin content standard under § 80.101(b)(1)(iii) in volume percent;
(G) The average olefin content under § 80.101(g) in volume percent;
(H) The difference between the applicable olefin content standard under § 80.101(b)(1)(iii) in volume percent and the average olefin content under paragraph (a)(4)(i)(G) of this section in volume percent, indicating whether the average is greater or lesser than the applicable standard;
(I) The applicable T90 distillation point standard under § 80.101(b)(1)(iv) in degrees Fahrenheit;
(J) The average T90 distillation point under § 80.101(g) in degrees Fahrenheit; and
(K) The difference between the applicable T90 distillation point standard under § 80.101(b)(1)(iv) in degrees Fahrenheit and the average T90 distillation point under paragraph (a)(4)(i)(J) of this section in degrees Fahrenheit, indicating whether the average is greater or lesser than the applicable standard.
(ii) If using the optional complex model, the applicable exhaust benzene emissions standard and the average exhaust benzene emissions, under § 80.101(b)(2) and (g).
(iii) If using the complex model:
(A) The applicable exhaust toxics emissions standard and the average exhaust toxics emissions, under § 80.101(b)(3) and (g); and
(B) The applicable NOX emissions standard and the average NOX emissions, under § 80.101(b)(3) and (g).
(5) All the following information for each batch of conventional gasoline or batch of blendstock included under paragraph (a) of this section:
(i) The batch number.
(ii) The date of production.
(iii) The volume of the batch.
(iv) The grade of gasoline produced (i.e., premium, mid-grade, or regular).
(v) The properties, along with identification of the test method used to measure those properties, pursuant to § 80.101(i).
(vi) In the case of any previously certified gasoline used in a refinery operation under the terms of § 80.101(g)(9), all the following information relative to the previously certified gasoline when received at the refinery:
(A) Identification of the previously certified gasoline as such.
(B) The batch number assigned by the receiving refinery.
(C) The date of receipt.
(D) The volume, properties (along with identification of the test method used to measure those properties), and designation of the batch.
(vii) In the case of butane blended with conventional gasoline under § 80.82, all the following:
(A) Identification of the butane batch as complying with the provisions of § 80.82.
(B) Identification of the butane batch as commercial or non-commercial grade butane.
(C) The batch number of the butane.
(D) The date of production of the gasoline produced using the butane.
(E) The volume of the butane batch.
(F) The properties of the butane batch specified by the butane supplier, along with identification of the test method used to measure those properties, or the properties specified in § 80.82(c) or (d), as appropriate.
(viii) In the case of pentane blended with conventional gasoline under § 80.85, all the following:
(B) Identification of the pentane batch as blender-commercial grade or blender-non-commercial grade pentane.
(C) The batch number of the pentane.
(D) The date of production of the gasoline produced using the pentane.
(E) The volume of the pentane batch.
(F) The properties of the pentane batch specified by the pentane supplier, or the properties specified in § 80.85(c) or (d), as appropriate.
(ix) In the case of any imported GTAB, identification of the gasoline as GTAB.
(6) Such other information as EPA may require.
(7) For refiners that blend any butane with conventional gasoline under § 80.82, or any pentane with conventional gasoline under the report required under § 80.85, the report described in paragraph (a) of this section must include all the following information for the annual averaging period:
(i) The total volume of butane blended with conventional gasoline.
(ii) The total volume of conventional gasoline produced using butane.
(iii) A statement that the gasoline produced using butane meets all applicable downstream standards that apply to conventional gasoline under this subpart E, along with the test methods used to determine compliance with the downstream standards that apply to conventional gasoline under this subpart E.
(iv) A statement that all butane blended with conventional gasoline at the refinery is included in the volume under paragraph (a)(7)(i) of this section, or a statement that all butane blended with conventional gasoline is included in the refinery's annual average compliance calculations under § 80.101.
(v) The total volume of pentane blended with conventional gasoline.
(vi) The total volume of conventional gasoline produced using pentane.
(vii) A statement that the gasoline produced using pentane meets all applicable downstream standards that apply to conventional gasoline under this subpart E.
(viii) A statement that all pentane blended with conventional gasoline at the refinery is included in the volume under paragraph (a)(7)(v) of this section, or a statement that all pentane blended with conventional gasoline is included in the refinery's annual average compliance calculations under § 80.101.
(b) The reporting requirements of paragraph (a) of this section do not apply in the case of any conventional gasoline or gasoline blendstock that is excluded from a refiner's or importer's compliance calculation pursuant to § 80.101(e).
(c) For each averaging period, each refiner for each refinery and importer shall submit to the Administrator of EPA, by June 1 of each year, a report in accordance with the requirements for the Attest Engagements of § 80.125 through § 80.131.
(d) The report required by paragraph (a) of this section shall be:
(1) Submitted on forms and following procedures specified by the Administrator of EPA;
(2) Submitted to EPA by March 31 each year for the prior calendar year averaging period; and
(3) Signed and certified as correct by the owner or a responsible corporate officer of the refiner or importer.
Cite this article: FindLaw.com - Code of Federal Regulations Title 40. Protection of Environment § 40.80.105 Reporting requirements - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-40-protection-of-environment/cfr-sect-40-80-105/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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