Title 40
SECTION 1090.700
1090.700 Compliance with average standards.
§ 1090.700 Compliance with average standards.(a) Compliance with the sulfur average standard. For each of their facilities, a gasoline manufacturer must demonstrate compliance with the sulfur average standard in § 1090.205(a) by using the equations in paragraphs (a)(1) and (2) of this section.
(1) Compliance sulfur value calculation. (i) The compliance sulfur value is determined as follows:
CSVy = Stot,y + Ds,(y−1) + DS_Oxy_Total − CS Where: CSVy = Compliance sulfur value for compliance period y, in ppm-gallons. Stot,y = The total amount of sulfur produced in compliance period y, per paragraph (a)(1)(ii) of this section, in ppm-gallons. Ds,(y−1) = Sulfur deficit from the previous compliance period, per § 1090.715(a)(1), in ppm-gallons. DS_Oxy_Total = The total sulfur deficit from BOB recertification, per § 1090.740(b)(2), in ppm-gallons. CS = Sulfur credits used by the gasoline manufacturer, per § 1090.720, in ppm-gallons.(ii) The total amount of sulfur produced is determined as follows:
Where: Vi
= The volume of gasoline produced or imported in batch i, in
gallons. Si = The sulfur content of batch i, in ppm. n = The number
of batches of gasoline produced or imported during the compliance
period. i = Individual batch of gasoline produced or imported
during the compliance period.
If the calculation of Stot,y results in a negative number, replace it with zero.
(2) Sulfur compliance calculation. (i) Compliance with the sulfur average standard in § 1090.205(a) is achieved if the following equation is true:
(ii) Compliance with the sulfur average standard in § 1090.205(a) is not achieved if a deficit is incurred two or more consecutive years. A gasoline manufacturer incurs a deficit under § 1090.715 if the following equation is true:
(b) Compliance with the benzene average standards. For each of their facilities, a gasoline manufacturer must demonstrate compliance with the benzene average standard in § 1090.210(a) by using the equations in paragraphs (b)(1) and (2) of this section and with the maximum benzene average standard in § 1090.210(b) by using the equations in paragraphs (b)(3) and (4) of this section.
(1) Compliance benzene value calculation. (i) The compliance benzene value is determined as follows:
CBVy = Btot,y + DBz,(y−1) + DBz_Oxy_Total − CBz Where:CBVy = Compliance benzene value for compliance period y, in benzene gallons.
Btot,y = The total amount of benzene produced in compliance period y, per paragraph (b)(1)(ii) of this section, in benzene gallons.
DBz,(y−1) = Benzene deficit from the previous compliance period, per § 1090.715(a)(2), in benzene gallons.
DBz_Oxy_Total = The total benzene deficit from BOB recertification, per § 1090.740(b)(4), in benzene gallons.
CBz = Benzene credits used by the gasoline manufacturer, per § 1090.720, in benzene gallons.
(ii) The total amount of benzene produced is determined as follows:
Vi = The
volume of gasoline produced or imported in batch i, in gallons. Bi
= The benzene content of batch i, in volume percent. n = The number
of batches of gasoline produced or imported during the compliance
period. i = Individual batch of gasoline produced or imported
during the compliance period.
If the calculation of Btot,y results in a negative number, replace it with zero.
(2) Benzene average compliance calculation. (i) Compliance with the benzene average standard in § 1090.210(a) is achieved if the following equation is true:
(ii) Compliance with the benzene average standard in § 1090.210(a) is not achieved if a deficit is incurred two or more consecutive years. A gasoline manufacturer incurs a deficit under § 1090.715 if the following equation is true:
(3) Average benzene concentration calculation. The average benzene concentration is determined as follows:
Where:
Ba,y = Average benzene concentration for compliance period y, in
volume percent benzene.
(4) Maximum benzene average compliance calculation. Compliance with the maximum benzene average standard in § 1090.210(b) is achieved for compliance period y if the following equation is true:
Ba,y ≤ 1.30 vol%(5) Rounding and reporting benzene values. (i) The total amount of benzene produced, as calculated in paragraph (b)(1)(ii) of this section, must be rounded to the nearest whole benzene gallon in accordance with § 1090.50.
(ii) The average benzene concentration, as calculated in paragraph (b)(3) of this section, must be rounded and reported to two decimal places in accordance with § 1090.50.
(c) Accounting for oxygenate added at a downstream location. A gasoline manufacturer that complies with the requirements in § 1090.710 may include the volume of oxygenate added at a downstream location and the effects of such blending on sulfur content and benzene content in compliance calculations under this subpart.
(d) Inclusions. A gasoline manufacturer must include the following products that they produced or imported during the compliance period in their compliance calculations:
(1) CG.
(2) RFG.
(3) BOB.
(4) Added gasoline volume resulting from the production of gasoline from PCG as follows:
(i) For PCG by subtraction under § 1090.1320(a)(1), include the PCG batch as a batch with a negative volume, positive sulfur content, and positive benzene content and include the new batch of gasoline as a batch with a positive volume, positive sulfur content, and positive benzene content in compliance calculations under this section. Any negative compliance sulfur value or compliance benzene value must be reported as zero and not as a negative result.
(ii) For PCG by addition under § 1090.1320(a)(2), include only the blendstock added to make the new batch of gasoline as a batch with a positive volume, positive sulfur content, and positive benzene content in compliance calculations under this section. Do not include any test results or volumes for the PCG or new batch of gasoline in these calculations.
(5)(i) Inclusion of a particular batch of gasoline for compliance calculations for a compliance period is based on the date the batch is produced, not shipped. For example, a batch produced on December 30, 2021, but shipped on January 2, 2022, would be included in the compliance calculations for the 2021 compliance period. The volume included in the 2021 compliance period for that batch would be the entire batch volume, even though the shipment of all or some of the batch did not occur until 2022.
(ii) For PCG by subtraction under § 1090.1320(a)(1), include PCG in the compliance period in which it was blended with blendstock. This may necessitate reporting a portion of the volume of PCG received in one compliance period as a separate PCG batch in the following compliance period.
(e) Exclusions. A gasoline manufacturer must exclude the following products from their compliance calculations:
(1) Gasoline that was not produced by the gasoline manufacturer.
(2) Blendstock, unless the blendstock is added to PCG or TGP under § 1090.1320 or § 1090.1325, respectively.
(3) PCG, except as specified in paragraph (d)(4)(i) of this section.
(4) Certified butane and certified pentane blended under § 1090.1320(b).
(5) TGP.
(6) GTAB that meets the requirements in § 1090.1615(a).
(7) Gasoline imported by truck or rail using the provisions of § 1090.1610 to meet the alternative per-gallon standards of §§ 1090.205(d) and 1090.210(c).
(8) Gasoline exempt under subpart G of this part from the average standards of subpart C of this part (e.g., California gasoline, racing fuel, etc.).