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Code of Federal Regulations Title 40. Protection of Environment § 40.80.1652 Reporting requirements for gasoline refiners, gasoline importers, oxygenate producers, and oxygenate importers

Current as of January 02, 2025 | Updated by Findlaw Staff

Beginning with the 2017 averaging period or the first year credits are generated under § 80.1615 (whichever is earlier), and continuing for each averaging period thereafter, any gasoline refiner or importer shall submit to EPA annual reports that contain the information required in this section, and any other information as EPA may require. Beginning with the 2017 calendar year and continuing each calendar year thereafter, any oxygenate producer or importer shall submit to EPA annual reports that contain the information required in this section, and any other information as EPA may require. Reporting shall be on forms and use procedures prescribed by the Administrator.

(a) Gasoline refiner and importer annual reports. Any refiner, for each of its refineries, and any importer for the gasoline it imports, shall submit a report for each calendar year averaging period that includes all the following information:

(1) The EPA importer, or refiner and refinery facility registration numbers.

(2) The average standard under § 80.1603, reported to two decimal places.

(3) The total volume of gasoline produced or imported, reported to the nearest whole number.

(4) The annual average sulfur level of the gasoline produced or imported, reported to two decimal places.

(5) The annual average sulfur level after inclusion of any credits, reported to two decimal places.

(6) Separately provided information for credits, and separately by year of creation, as follows:

(i) The number of credits at the beginning of the averaging period, reported to the nearest whole number.

(ii) The number of credits generated, reported to the nearest whole number.

(iii) The number of credits used, reported to the nearest whole number.

(iv) If any credits were obtained from or transferred to other parties;  and for each other party, its name and EPA refiner or importer registration number, and the number of credits obtained from or transferred to the other party.

(v) The number of credits that expired at the end of the averaging period, reported to the nearest whole number.

(vi) The number of credits that will carry over into the subsequent averaging period, reported to the nearest whole number.

(7) For each batch of BOB or gasoline produced or imported during the averaging period, all the following:

(i) The batch number assigned under § 80.65(d)(3);  except that if composite samples of conventional gasoline representing multiple batches produced subsequent to December 31, 2003, are tested under § 80.101(i)(2) for anti-dumping compliance purposes, for purposes of this subpart a separate batch number must be assigned to each batch using the batch numbering procedures under § 80.65(d)(3).

(ii) The date the batch was produced.

(iii) The volume of the batch, reported to the nearest whole number.

(iv) The sulfur content of the batch, reported to two decimal places, along with identification of the test method used to determine the sulfur content of the batch, as determined under § 80.1630.

(v) The type and amount of oxygenate, along with identification of the method used to determine the type and amount of oxygenate content of the batch, as determined under § 80.1603(d).

(vi) The sulfur content of the oxygenate, reported to two decimal places, along with identification of the method used to determine the sulfur content of the oxygenate, as determined under § 80.1603(d).

(8) All values measured or calculated pursuant to the requirements of this paragraph (a) shall be in accordance with the rounding procedure specified in § 80.9.

(9) When submitting reports under this paragraph (a) from January 1, 2017 through December 31, 2019, any importer shall exclude Certified Sulfur–FRGAS.

(b) Additional reporting requirements for gasoline importers. From January 1, 2017 through December 31, 2019, importers shall report all the following information for Sulfur–FRGAS imported during an annual averaging period:

(1) The EPA refiner and refinery registration numbers of each foreign refiner and refinery where the Certified Sulfur–FRGAS was produced.

(2) The total gallons of Certified Sulfur–FRGAS and Non–Certified Sulfur–FRGAS imported from each foreign refiner and refinery, reported to one decimal place.

(c) Oxygenate producer and importer annual reports. Any oxygenate producer, for each of its production facilities, and any importer for the oxygenate it imports, shall submit a report for each calendar year period that includes all the following information:

(1) The EPA oxygenate importer, or producer and producer facility registration numbers.

(2) The total volume of oxygenate produced or imported, reported to the nearest whole number.

(3) For each batch of oxygenate produced or imported during the calendar year, all the following:

(i) The batch number assigned under § 80.1610(d).

(ii) The date the batch was produced.

(iii) The volume of the batch, reported to the nearest whole number.

(iv) The sulfur content of the batch, reported to two decimal places.

(v) For oxygenates other than denatured fuel ethanol, the identification of the test method used to determine the sulfur content of the batch pursuant to the requirements of § 80.1642(c).

(vi) For denatured fuel ethanol, either the identification of the test method used to determine the sulfur content of the batch (pursuant to § 80.1642), or the information used to calculate the sulfur content pursuant to the requirements of § 80.1642(c).

(4) All values measured or calculated pursuant to the requirements of this paragraph (c) shall be in accordance with the rounding procedure specified in § 80.9.

(d) Report submission. Any annual report required under this section shall be—

(1) Signed and certified as meeting all of the applicable requirements of this subpart by the owner or a responsible corporate officer of the refiner, gasoline importer, oxygenate producer, oxygenate importer, denaturant producer, or denaturant importer;  and

(2) Submitted to EPA no later than the March 31 each year for the prior calendar year.

(e) Attest reports. Attest reports for refiner and importer attest engagements required under § 80.1667 shall be submitted to the Administrator by June 1 of each year for the prior calendar year.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 40. Protection of Environment § 40.80.1652 Reporting requirements for gasoline refiners, gasoline importers, oxygenate producers, and oxygenate importers - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-40-protection-of-environment/cfr-sect-40-80-1652/

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