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07/25/2021
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[Editor’s Note: This section is removed and reserved effective January 1, 2022.]
(a)(1) A refinery or importer shall use the methodology specified in this section for determining a baseline toxics value if it can determine an applicable toxics value for every batch of gasoline produced or imported for 12 or more consecutive months during January 1, 1998 through December 31, 2000.
(2) The determination in paragraph (a)(1) of this section is made separately for each type of gasoline listed at§80.815(b)produced or imported between January 1, 1998 and December 31, 2000, inclusive.
(3) All consecutive and non-consecutive batch toxics measurements between January 1, 1998 and December 31, 2000, inclusive, are to be included in the baseline determination, unless the refinery or importer petitions EPA to exclude such data on the basis of data quality, per §80.91(d)(6), and receives permission from EPA to exclude such data.
(b)(1) A refinery's or importer's baseline toxics value is calculated using the following equation:
Where:
TBase= Baseline toxics value.
Vi= Volume of gasoline batch i produced or imported between January 1, 1998 and December 31, 2000, inclusive.
Ti= Toxics value of gasoline batch i produced or imported between January 1, 1998 and December 31, 2000, inclusive.
i = Individual batch of gasoline produced or imported between January 1, 1998 and December 31, 2000, inclusive.
n = Total number of batches of gasoline produced or imported between January 1, 1998 and December 31, 2000, inclusive.
M = Compliance margin.
(2) A refinery's or importer's baseline toxics volume is calculated using the following equation:
Where:
Vbase= Baseline toxics volume.
Vi= Volume of gasoline batch i produced or imported between January 1, 1998 and December 31, 2000, inclusive.
i = Individual batch of gasoline produced or imported between January 1, 1998 and December 31, 2000, inclusive.
n = Total number of batches of gasoline produced or imported between January 1, 1998 and December 31, 2000, inclusive.
Y = Number of years between 1998 and 2000, inclusive, during some or all of which the refinery produced, or the importer imported, gasoline.
(c) The calculation specified in paragraph (b) of this section shall be made separately for each type of gasoline listed at §80.815(b).
(d) The toxics value, Ti, of each batch of gasoline is determined using the Phase II Complex Model specified at§80.45.
(1) The toxics value, Ti, of each batch of reformulated gasoline or RBOB, and the baseline toxics value, TBase, for reformulated gasoline and RBOB, combined, under this subpart are in percent reduction from the statutory baseline defined in 40 CFR 80.45(b) and volumes are in gallons.
(2) The toxics value, Ti, of each batch of conventional gasoline, and the baseline toxics value, TBase, for conventional gasoline under this subpart are in milligrams per mile (mg/mile) and volumes are in gallons.
(e)(1)(i) A refiner or importer which is approved for a petition submitted under§80.910(a)(2)for gasoline produced or imported for use in Alaska shall calculate the applicable toxics baseline value using the following equation:
Where:
TWBase= Baseline toxics value for gasoline produced or imported for use in Alaska.
Vi= Volume of gasoline batch i produced or imported for use in Alaska between January 1, 1998 and December 31, 2000, inclusive.
Ti= Toxics value of gasoline batch i produced or imported for use in Alaska between January 1, 1998 and December 31, 2000, inclusive.
i = Individual batch of gasoline produced or imported for use in Alaska between January 1, 1998 and December 31, 2000, inclusive.
n = Total number of batches of gasoline produced or imported for use in Alaska between January 1, 1998 and December 31, 2000, inclusive.
M = Compliance margin.
(ii) The baseline volume associated with the baseline value calculated in paragraph (e)(1)(i) of this section shall be calculated using the methodology in paragraph (b)(2) of this section for the gasoline described in paragraph (e)(1)(i) of this section.
(2)(i) A refiner or importer which is approved for a petition submitted under§80.910(a)(2)for gasoline produced or imported for use in Hawaii, the Commonwealth of Puerto Rico, and the Virgin Islands shall calculate the applicable toxics baseline value using the following equation:
Where:
TSBase= Baseline toxics value for gasoline produced or imported for use in Hawaii, the Commonwealth of Puerto Rico, and the Virgin Islands.
Vi= Volume of gasoline batch i produced or imported for use in Hawaii, the Commonwealth of Puerto Rico, and the Virgin Islands between January 1, 1998 and December 31, 2000, inclusive.
Ti= Toxics value of gasoline batch i produced or imported for use in Hawaii, the Commonwealth of Puerto Rico, and the Virgin Islands between January 1, 1998 and December 31, 2000, inclusive.
i= Individual batch of gasoline produced or imported for use in Hawaii, the Commonwealth of Puerto Rico, and the Virgin Islands between January 1, 1998 and December 31, 2000, inclusive.
n = Total number of batches of gasoline produced or imported for use in Hawaii, the Commonwealth of Puerto Rico, and the Virgin Islands between January 1, 1998 and December 31, 2000, inclusive.
M = Compliance margin.
(ii) The baseline volume associated with the baseline value calculated in paragraph (e)(2)(i) of this section shall be calculated using the methodology in paragraph (b)(2) of this section for the gasoline described in paragraph (e)(2)(i) of this section.
(f) All refinery or importer baseline toxics value calculations shall be conducted to two decimal places.
(g) Any refinery for which oxygenate blended downstream was included in compliance calculations for 1998-2000, pursuant to§80.65or §80.101(d)(4), shall include this oxygenate in the baseline calculations for toxics value under paragraph (a) of this section.
(h)Baseline adjustment.(1) A toxics baseline determined differently than described in paragraphs (a) through (e) of this section may be allowed upon petition by the refiner or importer and approval by the Administrator or designee. The petition must be included with the baseline submittal under§80.910.
(2) A toxics baseline adjustment petition shall, at minimum, be accompanied by:
(i) Unadjusted and adjusted baseline fuel parameters, applicable toxics values, and volumes; and
(ii) A narrative describing how the circumstances during 1998-2000 materially affected the baseline toxics value calculated under paragraph (a) of this section. The narrative shall also describe and show the calculations, and the reasoning supporting the calculations, used to determine the adjusted values.
(i) The compliance margin, M, that will be added to the toxics baseline calculated according to paragraph (a) of this section shall be equal to:
(1) ?0.7% for reformulated gasoline or RBOB;
(2) 2.5 mg/mile for conventional gasoline.
[66 FR 17263, Mar. 29, 2001, as amended at 72 FR 60582, Oct. 25, 2007; 85 FR 78467, Dec. 4, 2020]