Code of Federal Regulations Title 40. Protection of Environment § 40.80.1240 How is a refinery's or importer's compliance with the gasoline benzene requirements of this subpart determined?

(1)(i) The compliance benzene value for a refinery or importer is:

Where:

CBV_y = Compliance benzene value (gallons benzene) for year y.

V_y = Gasoline volume produced or imported in year y (gallons).

B_avg,y = Average benzene concentration in year y (volume percent benzene), calculated in accordance with § 80.1238.

D_y–1 = Benzene deficit from the previous reporting period, per § 80.1230(c) (gallons benzene).

BC = Banked benzene credits used to show compliance (gallons benzene).

OC = Benzene credits used by the refinery or importer to show compliance (gallons benzene).

(ii) Benzene credits used in the calculation specified in paragraph (a)(1)(i) of this section must be used in accordance with the requirements at § 80.1295.

(2)(i) If CBV_y ≤ V_y x (0.62)/100, then compliance with the benzene requirement at § 80.1230(a) is achieved for calendar year y.

(ii) If CBV_y > V_y x (0.62)/100, then compliance with the benzene requirement at § 80.1230(a) is not achieved for calendar year y, and a deficit is created per § 80.1230(c). The deficit value to be included in the following year's compliance calculation per paragraph (a) of this section is calculated as follows: