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09/17/2021
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[Editor’s Note: This section is removed and reserved effective January 1, 2022.]
(a) The compliance baseline to which annual average toxics values are compared according to§80.815(a)is calculated according to the following equation:
Where:
TCBase= Compliance baseline toxics value.
TBase= Baseline toxics value for the refinery or importer, calculated according to § 80.915(b)(1).
VBase= Baseline volume for the refinery or importer, calculated according to § 80.915(b)(2).
TExist= Existing toxics standard, per paragraph (b) of this section.
Vinc= Volume of gasoline produced during the averaging period in excess of VBase.
(b) The value of existing toxics standard, TExist, is equal to:
(1) 21.5 percent, for reformulated gasoline and RBOB, combined;
(2) The refinery's or importer's anti-dumping compliance baseline value for exhaust toxics, in mg/mi, per §80.101(f), for conventional gasoline.
(c) Any refiner for any refinery or importer with an approved anti-dumping baseline under§80.93(d)for gasoline produced or imported for use in Alaska, and/or Hawaii, the Commonwealth of Puerto Rico, and the Virgin Islands, and for which a conventional gasoline baseline toxics value for such gasoline can be determined according to §80.915(b)(1), shall determine its compliance baseline applicable to such gasoline according to the following equation:
Where:
TCBase= Compliance baseline toxics value.
TBase= Baseline toxics value for the refinery or importer, calculated according to § 80.915(b)(1) for all gasoline except gasoline produced or imported for use in Alaska, Hawaii, the Commonwealth of Puerto Rico, and the Virgin Islands.
VBase= Baseline volume for the refinery or importer, calculated according to § 80.915(b)(2) for all gasoline except gasoline produced or imported for use in Alaska, Hawaii, the Commonwealth of Puerto Rico, and the Virgin Islands.
TExist= The refinery's or importer's anti-dumping compliance baseline value for exhaust toxics, in mg/mi, per § 80.101(f) for all gasoline except gasoline produced or imported for use in Alaska, Hawaii, the Commonwealth of Puerto Rico, and the Virgin Islands.
VInc= Volume of gasoline produced or imported, excluding the volume of gasoline produced or imported for use in Alaska, Hawaii, the Commonwealth of Puerto Rico, and the Virgin Islands during the averaging period, which is in excess of VBase.
TSBase= Baseline toxics value for the refinery or importer, calculated according to § 80.915(e)(2)(i) for gasoline produce or imported for use in Hawaii, the Commonwealth of Puerto Rico, and the Virgin Islands.
VSBase= Baseline volume for the refinery or importer, calculated according to § 80.915(e)(2)(ii) for gasoline produce or imported for use in Hawaii, the Commonwealth of Puerto Rico, and the Virgin Islands.
TSExist= The refinery's or importer's anti-dumping compliance baseline value for exhaust toxics, in mg/mi, per § 80.101(f) for gasoline produce or imported for use in Hawaii, the Commonwealth of Puerto Rico, and the Virgin Islands.
VSInc= Volume of gasoline produced or imported for use in Hawaii, the Commonwealth of Puerto Rico, and the Virgin Islands during the averaging period which is in excess of VSBase.
TWBase= Baseline toxics value for the refinery or importer, calculated according to § 80.915(e)(1)(i) for gasoline produce or imported for use in Alaska.
VWBase= Baseline volume for the refinery or importer, calculated according to § 80.915(e)(1)(ii) for gasoline produce or imported for use in Alaska.
TWExist= The refinery's or importer's anti-dumping compliance baseline value for exhaust toxics, in mg/mi, per § 80.101(f) for gasoline produce or imported for use in Alaska.
VWInc= Volume of gasoline produced or imported for use in Alaska during the averaging period which is in excess of VWBase.
(d) If the refinery or importer produced less gasoline during the compliance period than its applicable baseline volume, the value of Vinc, VSIncor VWInc, as applicable, will be zero.
[66 FR 17263, Mar. 29, 2001, as amended at 72 FR 60581, Oct. 25, 2007; 85 FR 78467, Dec. 4, 2020]