Title 40

SECTION 80.1240

80.1240 How is a refinery's or importer's compliance with the gasoline benzene requirements of this subpart determined

§ 80.1240 How is a refinery's or importer's compliance with the gasoline benzene requirements of this subpart determined?

(a) A refinery's or importer's compliance with the annual average benzene standard at § 80.1230(a) is determined as follows:

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

$$ Where: CBVy = Compliance benzene value (gallons benzene) for year y. Vy = Gasoline volume produced or imported in year y (gallons). Bavg,y = Average benzene concentration in year y (volume percent benzene), calculated in accordance with § 80.1238. Dy-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 CBVy ≤Vy × (0.62)/100, then compliance with the benzene requirement at § 80.1230(a) is achieved for calendar year y.

(ii) If CBVy >Vy × (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:

$$ Where: Dy = Benzene deficit created in compliance period y (gallons benzene).

(b) Compliance with the maximum average benzene standard at § 80.1230(b) is achieved by a refinery or importer if the value of Bavg calculated in accordance with § 80.1238(a) is no greater 1.30 volume percent for an applicable averaging period per § 80.1230(b)(3).

[72 FR 8544, Feb. 26, 2007, as amended at 85 FR 7073, Feb. 6, 2020]

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