Title 40
SECTION 1090.740
1090.740 Downstream BOB recertification.
§ 1090.740 Downstream BOB recertification.(a)(1) A gasoline manufacturer may recertify a BOB that another gasoline manufacturer has specified blending instructions for oxygenate(s) under § 1090.710(a)(5) for a different type or amount of oxygenate, including gasoline recertification to contain no oxygenate, if the recertifying gasoline manufacturer meets all the requirements of this section.
(2) A gasoline manufacturer must comply with applicable requirements of this part and incur deficits to be included in their compliance calculations in § 1090.700 for each facility at which the gasoline manufacturer recertifies BOB.
(3) Unless otherwise required under this part, a gasoline manufacturer that recertifies 1,000,000 or less gallons of BOB under this section at a facility does not need to obtain credits to satisfy deficits incurred under this section or arrange for an auditor to conduct audits under subpart S of this part for that facility. The gasoline manufacturer must still comply with all other applicable provisions of this part (e.g., register and submit reports under subparts I and J of this part, respectively).
(4) A party that only recertifies BOB that contains a greater amount of a specified oxygenate (e.g., a party adds 15 volume percent DFE instead of 10 volume percent to an E10 BOB) or a different oxygenate at an equal or greater amount (e.g., a party adds 16 volume percent isobutanol instead of 10 volume percent to an E10 BOB) does not incur deficits under this section, does not need to submit reports under subpart J of this part, and does not need to arrange for an auditor to conduct an audit under subpart S of this part. The party must still comply with all other applicable provisions of this part (e.g., register and keep records under subparts I and M of this part, respectively).
(b) A gasoline manufacturer that recertifies a BOB under this section must calculate sulfur and benzene deficits for each batch and the total deficits for sulfur and benzene as follows:
(1) Sulfur deficits from downstream BOB recertification. Calculate the sulfur deficit from BOB recertification for each individual batch of BOB recertified as follows:
Where:
DS_Oxy_Batch = Sulfur deficit resulting from recertifying the batch
of BOB, in ppm-gallons. VBase = The volume of BOB in the batch
being recertified, in gallons. PTDOxy = The volume fraction of
oxygenate that would have been added to the BOB as specified on
PTDs. ACTUALOxy = The volume fraction of oxygenate that was
actually added to the BOB. If no oxygenate was added to the BOB,
then ACTUALOxy = 0.
(2) Total sulfur deficit from downstream BOB recertification. Calculate the total sulfur deficit from downstream BOB recertification for each facility as follows:
Where:
DS_Oxy_Total,y = The total sulfur deficit from downstream BOB
recertification for compliance period y, in ppm-gallons.
DS_Oxy_Batch_i = The sulfur deficit for batch i of recertified BOB,
per paragraph (b)(1) of this section, in ppm-gallons. n = The
number of batches of BOB recertified during compliance period y. i
= Individual batch of BOB recertified during compliance period y.
(3) Benzene deficits from downstream BOB recertification. Calculate the benzene deficit from BOB recertification for each individual batch of BOB recertified as follows:
Where:
DBz_Oxy_Batch = Benzene deficit resulting from recertifying the
batch of BOB, in benzene gallons. VBase = The volume of BOB in the
batch being recertified, in gallons. PTDOxy = The volume fraction
of oxygenate that would have been added to the BOB as specified on
PTDs. ACTUALOxy = The volume fraction of oxygenate that was
actually added to the BOB. If no oxygenate was added to the BOB,
then ACTUALOxy = 0.
(4) Total benzene deficit from downstream BOB recertification. Calculate the total benzene deficit from downstream BOB recertification for each facility as follows:
Where:
DBz_Oxy_Total,y = The total benzene deficit from downstream BOB
recertification for compliance period y, in benzene gallons.
DBz_Oxy_Batch_i = The benzene deficit for batch i of recertified
BOB, per paragraph (b)(3) of this section, in benzene gallons. n =
The number of batches of BOB recertified during compliance period
y. i = Individual batch of BOB recertified during compliance period
y.
(5) Deficit rounding. The deficits calculated in paragraphs (b)(1) through (4) of this section must be rounded and reported to the nearest sulfur ppm-gallon or benzene gallon in accordance with § 1090.50, as applicable.
(c) A gasoline manufacturer does not incur a deficit, nor may they generate credits, for negative values from the equations in paragraph (b) of this section.
(d) Deficits incurred under this section must be fulfilled in the compliance period in which they occur and must not be carried forward under § 1090.715.