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On 07/20/94
[L-S document 497082, 59 FR 36944, 3360 lines]

  ENVIRONMENTAL PROTECTION AGENCY

  40 CFR Part 80

  [AMS-FRL-5007-9]

  Regulation of Fuels and Fuel Additives: Standards for Reformulated and
  Conventional Gasoline

  AGENCY: Environmental Protection Agency.

  ACTION: Direct final rule.
  -----------------------------------------------------------------------------
  SUMMARY: The Clean Air Act, as amended in 1990 (CAA or the Act), mandated
  that the Environmental Protection Agency (EPA or the Agency) promulgate
  regulations requiring that gasoline sold in certain areas be reformulated to
  reduce vehicle emissions of toxic and ozone-forming compounds and that
  gasoline sold outside these areas would not be more polluting than it was in
  1990. On February 16, 1994, EPA published the final rule establishing
  performance standards and compliance provisions for conventional and
  reformulated gasoline (RFG). This direct final rule (DFRM) makes minor
  corrections, clarifications, and revisions to various provisions in the final
  reformulated gasoline rule.
    This action addresses the following issues: Work-In-Progress (WIP) baseline
  adjustments; JP-4 baseline adjustments; summer/winter season definition for
  baseline determination; complex model valid range extension for conventional
  gasoline baselines; valid range limits for aromatics, oxygen, benzene, and
  RVP; clarifications to the VOC and NOX extrapolations in the complex model;
  clarifications of seasonal condition inconsistencies; and enforcement
  corrections/clarifications associated with the reformulated gasoline and
  anti-dumping regulations, as well as several technical clarifications and
  typographical corrections.

  EFFECTIVE DATES: This rule will be effective September 19, 1994 unless notice
  is received by August 19, 1994 that adverse or critical comments will be
  submitted or that an opportunity to submit such comments at a public hearing
  is requested. If such comments or a request for a public hearing are received
  by the Agency, then EPA will publish a subsequent Federal Register notice
  withdrawing from this action only those items which are specifically listed
  in those comments or in the request for a public hearing. See SUPPLEMENTARY
  INFORMATION for further discussion on submission of public comment.

  ADDRESSES: Interested parties may submit written comments (in duplicate, if
  possible) to Public Docket No. A-94-30, at Air Docket Section, U.S.
  Environmental Protection Agency, Waterside Mall, Room M-1500, 401 M Street
  SW., Washington, DC 20460. The Agency requests that commenters also send a
  copy of any comments to David Korotney at the address listed in the FOR
  FURTHER INFORMATION CONTACT section.
    Materials relevant to the reformulated gasoline final rule and this direct
  final rule are contained in Public Dockets A-91-02 and A-92-12, located at
  room M-1500, Waterside Mall (ground floor), U.S. Environmental Protection
  Agency, 401 M Street SW., Washington, DC 20460. The docket may be inspected
  from 8 a.m. until 12 noon and from 1:30 p.m. until 3 p.m. Monday through
  Friday. A reasonable fee may be charged by EPA for copying docket materials.

  FOR FURTHER INFORMATION CONTACT:

  David Korotney, U.S. EPA (RDSD-12), Regulation Development and Support
    Division, 2565 Plymouth Road, Ann Arbor, MI 48105, Telephone: (313) 668-
    4507.
  To Request Copies of this Action Contact: Delores Frank, U.S. EPA (RDSD-12),
    Regulation Development and Support Division, 2565 Plymouth Road, Ann Arbor,
    MI 48105, Telephone: (313) 668-4295.

  SUPPLEMENTARY INFORMATION:

  Public Comments

    For parties that submit adverse or critical comments, notify EPA of
  intentions to submit adverse comments, or request a public hearing, the
  Agency requests that commenters identify each of the items at issue by the
  specific preamble section numbers that discuss those items. For instance,
  adverse comments on the change to the oxygen valid range limits should
  include a reference to Section (Item Number) II.A.1 of the preamble. Adverse
  comments on any of the insubstantial errors in Section I of the preamble
  should include a reference to the identification code associated with each
  change in that section. For instance, adverse comments on the paragraph
  reference change in Sec. 80.41(h)(2)(iii) should include a reference to Item
  Number I-A. The EPA will withdraw from this direct final action only those
  specific provision(s) so identified. All other provisions included in today's
  notice will become effective on September 19, 1994.
    EPA believes that the use of a direct final rule is appropriate because the
  changes made are generally minor in nature and all are expected to be non-
  controversial. The DFRM will allow the Agency to finalize such changes in a
  timely manner. For instance, many of the changes contained herein clarify
  issues relevant to the development and auditing of individual baselines
  which, in general, must be submitted by either June 1, 1994 or September 1,
  1994. Likewise, the reformulated gasoline program will commence on December
  1, 1994. The clarifications and changes contained herein will promote
  successful implementation of this program.
    A copy of this action is available on the OAQPS Technology Transfer Network
  Bulletin Board System (TTNBBS). The TTNBBS can be accessed with a dial-in
  phone line and a high-speed modem (PHNZ 919-541-5742). The parity of your
  modem should be set to none, the data bits to 8, and the stop bits to 1.
  Either a 1200, 2400, or 9600 baud modem should be used. When first signing
  on, the user will be required to answer some basic informational questions
  for registration purposes. After completing the registration process, proceed
  through the following series of menus:

  (M)   OMS
  (K)   Rulemaking and Reporting
  (3)    Fuels
  (9)    Reformulated gasoline

  A list of ZIP files will be shown, all of which are related to the
  reformulated gasoline rulemaking process. Today's action will be in the form
  of a ZIP file and can be identified by the following title: RFG-DFRM.ZIP. To
  download this file, type the following instructions and transfer according to
  the appropriate software on your computer:

  <D>ownload, <P>rotocol, <E>xamine, <N>ew, <L>ist, or <H>elp Selection or <CR>
    to exit: D filename.zip

    You will be given a list of transfer protocols from which you must choose
  one that matches with the terminal software on your own computer. The
  software should then be opened and directed to receive the file using the
  same protocol. Programs and instructions for de-archiving compressed files
  can be found via <S>ystems Utilities from the top menu, under <A>rchivers/de-
  archivers. Please note that due to differences between the software used to
  develop the document and the software into which the document may be
  downloaded, changes in format, page length, etc. may occur.
    The remainder of this preamble is organized into the following sections:

  I. Insubstantial Errors
  II. Valid Range Limits
  III. Complex Model
  IV. Enforcement Corrections and Clarifications
  V. Summer/Winter Season
  VI. Baseline Determination Adjustments
  VII. Public Participation and Effective Date
  VIII. Statutory Authority
  IX. Administrative Designation
  X. Regulatory Flexibility Analysis

  I. Insubstantial Errors

    The final rulemaking for the regulation of reformulated and conventional
  gasoline contained a number of errors, ambiguities, and misrepresentations of
  Agency intent which are being addressed by this direct final rule. Of these
  errors, many are minor in both form and effect. The minor errors do not
  require detailed discussions since they all have at most a negligible effect
  on compliance with the regulations, and require only simple corrections. Such
  minor errors took the form of typographical errors, grammatical errors,
  inadvertent omissions, and inadvertent insertions. The table below lists all
  the insubstantial errors that are being corrected in this direct final rule.
  Other errors are more substantial. The more substantial errors and the
  associated corrections have been discussed on an item-by-item basis in the
  following sections.

   Identification
        code           Regulation reference                Correction

   A               80.41(h)(2)(iii)               Correct the paragraph
                                                   reference from 80.101(g) to
                                                   80.101(h).
   B               80.41(j)(2)                    Correct the paragraph
                                                   reference from (j)(1)(i) to
                                                   (j)(1).
   C               80.41(m)(1)                    A missing word "of" is
                                                   inserted into the text.
   D               80.42(c)(1)                    In the table, change the
                                                   valid range limits for
                                                   "Oxygenate" in volume
                                                   percent to valid range
                                                   limits for "Oxygen" in
                                                   weight percent to match the
                                                   values already present.
   E               80.42(a)                       Correct the definition of
                                                   exhaust and nonexhaust VOC
                                                   from nonmethane hydrocarbons
                                                   to nonmethane, nonethane
                                                   hydrocarbons. All
                                                   calculations and equations
                                                   are correctly based on
                                                   nonmethane, nonethane
                                                   hydrocarbons.
   F               80.42(b)(1)(ii),               Add a concluding sentence
                    80.42(b)(2)(ii), and           which clarifies that the use
                    8042(b)(3)(ii)                 of methanol and other non-
                                                   alcohol, non-ether
                                                   oxygenates in reformulated
                                                   gasoline is limited to
                                                   vehicle testing under the
                                                   Complex Model.
   G               80.45(b)(3)                    Correct the inadvertent
                                                   omission of the first
                                                   decimal place in the
                                                   baseline values for exhaust
                                                   VOC and NOX in Table 3.
   H               80.45(c)(1)(iv)(A)             The footnotes to Table 6 are
                                                   clarified to indicate that
                                                   the higher E300 limit can be
                                                   no higher than 94 percent as
                                                   described in paragraphs
                                                   80.45 (c)(1)(iv)(C)(6) and
                                                   80.45(c)(1)(iv)(D)(6).
   I               80.45(c)(1)(iv)(B)             Change the word "and" to
                                                   "and/or".
   J               80.45(c)(1)(iv)(C)(11)         The paragraph references are
                                                   corrected from
                                                   (c)(1)(iv)(C)(8) and (9)" to
                                                   "(c)(1)(iv)(C)(9) and (10)."
   K               80.45(c)(1)(iv)(C)(12)         Correct the second "E300" to
                                                   "DE300".
   L               80.45(c)(1)(iv)(C)(14)         The paragraph references are
                                                   corrected from
                                                   "(c)(1)(iv)(C)(11) and (12)"
                                                   to "(c)(1)(iv)(C)(13)."
   M               80.45(c)(1)(iv)(D)(11)         The paragraph references are
                                                   corrected from
                                                   "(c)(1)(iv)(D)(8) and (9)"
                                                   to "(c)(1)(iv)(D)(9) and
                                                   (10)."
   N               80.45(c)(1)(iv)(D)(12)         Correct "E30' 0" to "E300".
   O               80.45(c)(1)(iv)(D)(14)         The paragraph references are
                                                   corrected from
                                                   "(c)(1)(iv)(D)(11) and (12)"
                                                   to "(c)(1)(iv)(D)(12) and
                                                   (13)."
   P               80.45(c)(8)(ii)                An extraneous word "for" at
                                                   the end of the paragraph is
                                                   removed.
   Q               80.45(d)(1)(iv)(B)             Change the word "and" to
                                                   "and/or".
   R               80.45(e)(1)(ii)                Correct the toxic emissions
                                                   baseline values in the
                                                   equations which were rounded
                                                   incorrectly to mimic the
                                                   correct values in Table 5 of
                                                   80.45(b)(3):
                                                  In Phase I,
                                                  "TOXICS2%=[100%x(TOXICS2-
                                                   47.58mg/mi)]/(47.58 mg/mi)"
                                                  In Phase II,
                                                  "TOXICS1%=[100%x(TOXICS1-
                                                   86.34mg/mi)]/(86.34 mg/mi)"
   S               80.45(e)(4)(iii)               A missing word "an" is
                                                   inserted into the last
                                                   sentence.
   T               80.45(e)(5)(iv) &              Add a concluding sentence
                    80.45(e)(6)(iv)                which clarifies that the use
                                                   of methanol and other non-
                                                   alcohol, non-ether
                                                   oxygenates in the Complex
                                                   Model is limited to
                                                   augmentation through vehicle
                                                   testing.
   U               80.45(e)(9) & 80.45(e)(10)     Correct the variable names in
                                                   the equations to mimic the
                                                   variable names in the
                                                   definition list: "HSVOC1" is
                                                   corrected to "VOCHS1",
                                                   "DIVOC1" is corrected to
                                                   "VOCD11", "RLVOC1" is
                                                   corrected to "VOCRL1",
                                                   "RFVOC1" is corrected to
                                                   "VOCRF1", "HSVOC2" is
                                                   corrected to "VOCHS2",
                                                   "DIVOC2" is corrected to
                                                   "VOCDI2", "RLVOC2" is
                                                   corrected to "VOCRL2",
                                                   "RFVOC2" is corrected to
                                                   "VOCRF2".
   V               80.45(f)(1)                    The paragraph references are
                                                   corrected from "(a), (c),
                                                   and (d)" to "(c), (d), and
                                                   (e)".
   W               80.45(f)(1) (i) & (ii)         The units for E200 and E300
                                                   are corrected from "volume
                                                   percent" to "percent
                                                   evaporated".
   X               80.48(c)(1)                    Correct the paragraph
                                                   reference from "(c)(1)(iv)
                                                   of this section" to
                                                   "(c)(1)(iv) of this section
                                                   and 80.49(d)".
   Y               80.48(c)(1)(v)                 Revise last sentence to
                                                   clarify that the model must
                                                   be re-estimated after
                                                   dropping the Bi term.
   Z               80.48(c)(2)(iii)               A concluding sentence is
                                                   added indicating that the
                                                   centered form of the Complex
                                                   Model will be made available
                                                   upon request.
   AA              80.48(g)                       Correct "the augmentation
                                                   petition" to "other
                                                   augmentation petitions".
   AB              80.49(a)(5)(i)                 The "Candidate parameter"
                                                   entry is deleted from the
                                                   table.
   AC              80.49(b)(3)(iii)               The paragraph reference is
                                                   corrected from "(b)(2)(ii)
                                                   and (b)(3)" to "(b)(2)(ii)".
   AD              80.59(a)                       Revise last sentence to
                                                   clarify that closed-loop
                                                   systems and adaptive
                                                   learning components are
                                                   minimum requirements.
   AE              80.65(d)(3)                    A cross-reference to the
                                                   blendstock accounting
                                                   requirement in 80.102(e) is
                                                   corrected.
   AF              80.66(g)(1) and (g)(2)(ii)     Cross-references to 80.45,
                                                   pertaining to the
                                                   calculation of per-gallon
                                                   values for VOC, NOX, and
                                                   toxics emissions performance
                                                   reduction, are corrected.
   AG              80.68(c)(8)(ii)(A) and         Cross-references to the
                    (c)(9)(ii)(A)                  complex model in 80.45 are
                                                   corrected.
   AH              80.68(c)(9)(ii)(B)             A cross-reference to the
                                                   annual toxics emissions
                                                   weighting formula in
                                                   80.68(c)(9)(i)(B) is
                                                   corrected.
   AI              80.68(c)(10(i)                 A cross-reference to the NOX
                                                   emissions reduction
                                                   percentage in 80.45 is
                                                   corrected.
   AJ              80.69(a)(7)(ii)                A cross-reference to the
                                                   applicable correlation
                                                   ranges in 80.65(e)(2)(i) is
                                                   corrected.
   AK              80.69(b)(3)                    A cross-reference to the
                                                   oxygen averaging
                                                   requirements in 80.67(f) is
                                                   corrected.
   AL              80.70(j)(11)                   The spelling of Allegheny
                                                   County, Pennsylvania, is
                                                   corrected.
   AM              80.75(j)                       A cross-reference to the
                                                   survey provisions in
                                                   80.41(q)(2) is corrected.
   AN              80.81(h)                       A cross-reference to the
                                                   sampling and analysis
                                                   methodology in 80.46 is
                                                   corrected.
   AO              80.90(b)(1)                    In the equation, correct the
                                                   variable "BX" to "BZ".
   AP              80.90(e)(2)                    The paragraph reference is
                                                   corrected from "(e)(2)" to
                                                   "(e)(1)".
   AQ              80.91(e)(2)(iv)                In the equation only, the
                                                   variable "Njs" is corrected
                                                   to njs", the variable "ns"
                                                   is corrected to "Ns", the
                                                   variable "pj" is corrected
                                                   to "pjs".
   AR              80.91(e)(4)(i)(A)              Correct the equation to
                                                   include division by 100 as
                                                   follows:
                                                  UV=[AV/(100-OV)]-100
   AS              80.91(e)(4)(i)(B)              Correct the equation to
                                                   include division by 100 in
                                                   two places:
                                                  UR=[BR-
                                                   {S(OVixORi)}/100]/[{100-
                                                   SOVi}/100]
   AT              80.91(e)(4)(ii)(A)             Correct the equation to
                                                   include division by 100 as
                                                   follows:
                                                  AV=UV(100-OV)/100
   AU              80.91(e)(4)(ii)(A)             Correct the definition of UV
                                                   from "nonoxygenated
                                                   parameter value" to "non-
                                                   oxygenated parameter value".
   AV              80.91(e)(4)(ii)(B)             Correct the equation to
                                                   include division by 100 as
                                                   follows:
                                                  BR={URx[100-
                                                   S(OVi)]+S(OVixORi)}/100
   AW              80.93(a)(3)(ii)                Re-word the first sentence to
                                                   read "Petitions, 'showings'
                                                   and other associated proof
                                                   may be submitted to EPA
                                                   prior to submittal of the
                                                   individual baseline (per
                                                   paragraphs (a)(1) and (a)(2)
                                                   of this section)".
   AX              80.93(c)(9)                    A cross-reference to 80.93
                                                   (c)(8) is clarified.
   AY              80.101(e)(3) & (f)(4)          References to California
                                                   gasoline are clarified.
   AZ              80.102(b)(1)                   An extraneous word is
                                                   deleted.
   BA              80.102(e)(2)(i)                A cross-reference to
                                                   80.101(g) is added.
   BB              80.102(f)(2)(i)                A typographical error is
                                                   corrected.
   BC              80.125(a)                      A cross-reference to the
                                                   reports required by 80.105
                                                   is corrected.
   BD              80.128(e)(2)                   A cross-reference to the
                                                   assumptions pertaining to
                                                   the use of RBOB in
                                                   80.69(a)(9) is corrected.
   BE              80.128(e)(5)                   A cross-reference to the
                                                   sampling and testing rates
                                                   in 80.69(a)(7) is corrected.
   BF              80.128(g)(3)(iii)              A typographical error is
                                                   corrected.
   BG              80.129(e)                      A cross-reference to the
                                                   sampling and testing rates
                                                   in 80.69 is corrected.

  II. Valid Range Limits

    The valid range limits in both the Simple and Complex Models specify the
  range for each fuel parameter outside of which the models cannot be used for
  the evaluation of emission performances. These limits ensure that the models
  will not be used for extremely high or low fuel parameter values which would
  compromise the validity of the models. Thus the valid range limits were
  instituted as a means toward maintaining the accuracy of the compliance
  calculations, and thus the integrity of the reformulated gasoline and anti-
  dumping programs.
    The Agency made every attempt to make the valid range limits as wide as
  possible to provide flexibility to refiners while maintaining a focus on the
  need for accurate performance estimates. This was especially true for the
  conventional gasoline valid range limits, as EPA wanted to avoid, to the
  extent possible, establishing provisions which would require refiners to
  reformulate their conventional fuels. To provide additional flexibility, the
  Agency also allowed the extension of the specified valid range for the
  Complex Model for conventional gasoline when a refiner's individual 1990
  baseline fuel exceeds the valid range in one or more fuel parameters.
    Since publication of the final rule, the Agency has determined that the
  flexibility provided to refiners in the valid range limits requires some
  revision and clarification to avoid unnecessary and costly refinery
  modifications which have no long term environmental benefit. The changes to
  the regulations can be separated into two categories: changes to the
  specified valid range limits, and clarification of the provision for
  extending the valid range for individual refiner baseline fuels. Both of
  these topics will be described in detail below.

  A. Revised Valid Range Limits

    The valid range limits for the Simple and Complex Models were based on two
  different sets of data and were developed using different assumptions. The
  Simple Model valid range limits were determined following the regulatory
  negotiations held in 1991. The Complex Model valid range limits were based
  upon an examination of the sufficiency of data in the Complex Model database
  and the accuracy of extrapolations (See the Regulatory Impact Analysis for
  the final rule, Section IV.D). Because the valid range limits for the Simple
  and Complex Models were established independently and through different
  processes, the valid range limits for the two models were different from one
  another. Since promulgation of the final rule, the Agency has learned that
  the specified valid ranges may force refiners to make refinery modifications
  to comply with the regulations that are unwarranted under the Simple Model,
  and unnecessary under the Complex Model. Thus EPA is revising the valid range
  limits for oxygen content, RVP, aromatics content, and benzene content for
  the Simple Model, and oxygen content for the Complex Model.

  1. Change to High End of Oxygen Valid Range

    The high end of the valid range limit for oxygen in both the Simple and
  Complex Models was based on the maximum amount of oxygen that an oxygenated
  fuel was expected to lawfully contain. Of all the oxygenates that will likely
  be used in the reformulated gasoline program, ethanol has the highest oxygen
  content at 0.35 grams of oxygen per gram of ethanol. The Agency used this
  value as a benchmark in determining the high end of the valid range for
  oxygen, assuming a 10 volume percent ethanol blend. However, since
  promulgation of the final rule, the Agency has learned that density
  variations in gasoline blendstocks may result in wide variations in the
  oxygen content of an oxygenated fuel on a weight percent basis despite the
  fact that the volume percent remains fixed. For instance, blending 10 volume
  percent ethanol into a higher density gasoline could produce a blend with an
  oxygen content as low as 3.4 weight percent, while blending 10 volume percent
  ethanol into a lower density gasoline could produce a blend with an oxygen
  content as high as 4.0 weight percent.
    Since the largest excise tax exemption available to refiners for the use of
  ethanol in gasoline blends is for oxygenated fuels that contain 10 volume
  percent, many ethanol blends will contain 10 volume percent ethanol. Thus it
  is essential that the high end of the valid range for both the Simple and
  Complex Models be raised to 4.0 weight percent. This change will allow fuels
  which are already being produced to be evaluated with the Simple and Complex
  Models. The change will also guarantee that no fuel oxygenated with ethanol
  will be excluded from the reformulated gasoline program due to an oxygen
  content that is outside the range of the model, as long as it complies with
  the volume limits applicable in a waiver issued under section 211(f) of the
  Clean Air Act. Since fuels with oxygen contents of 4.0 weight percent are
  already being produced, the change will have no additional impact on vehicle
  driveability. Also, since the models continue to be accurate between 3.5 and
  4.0 weight percent, and the emission standards are not being changed, this
  change to the high end of the valid range for oxygen content will have no
  adverse impact on the environment.

  2. Change to Low End of RVP Valid Range in the Simple Model

    The low end of the valid range for RVP in the Simple Model was based on the
  distribution of data used in the model's development, as well as a
  consideration of the needs of the reformulated gasoline and anti-dumping
  programs under the Simple Model. Since VOC emission reductions under the
  Simple Model are accomplished primarily through limits on maximum RVP levels,
  the valid range for RVP in the Simple Model only affects toxics compliance
  calculations. In promulgating the final regulations, the Agency determined
  that refiners had no incentive to reduce RVP below 6.6 psi for the purposes
  of complying with the toxics standards since reductions in fuel benzene and
  aromatics are much more effective in reducing emissions of toxic compounds.
    In contrast to the Simple Model, the absence of RVP caps and the impact of
  other fuel parameters on emissions under the Complex Model will likely result
  in large variations in RVP levels in reformulated gasoline. RVP control will
  continue to be the primary mechanism through which VOC emissions are reduced
  because RVP is the most cost-effective fuel parameter to control, and because
  the RVP effect on VOC in the Complex Model is quite large. As in the Simple
  Model, the valid range for RVP in the Complex Model was determined from an
  examination of the distribution of data used in the model's development and
  the needs of the reformulated gasoline and anti-dumping programs. The low end
  of the valid range was set at 6.4 psi to accommodate large reductions in RVP
  while maintaining the accuracy of the Complex Model. Fuel RVPs are expected
  to reach this low level in Phase II of the reformulated gasoline program, and
  the potential exists for them to be reached in Phase I as well.
    California has been developing its own program in which reformulated
  gasoline must meet more stringent requirements than in the federal program
  during the years 1996 and 1997 that the Simple Model will be in effect. Given
  California's more stringent requirements, the potential exists for fuel
  having an RVP of less than 6.6 psi to be either sold or used as a blendstock
  in and outside of California. With the low end of the valid range for RVP set
  at 6.6 psi, these California reformulated gasolines might not be certifiable
  as federal reformulated gasoline. Also, refiners trying to blend down tanks
  quickly at terminals in the spring to meet summer volatility requirements may
  end up with fuels that have RVPs as low as 6.4 psi.
    Since the low end of the valid range for RVP under the Complex Model is 6.4
  psi, the Agency has determined that the low end of the valid range for RVP
  under the Simple Model should likewise be 6.4 psi. The change from 6.6 psi to
  6.4 psi makes the low end of the valid range for RVP consistent throughout
  Phase I of the federal reformulated gasoline program, and provides an
  additional element of flexibility for refiners to complement the already
  established blending and enforcement tolerances. The change should have no
  effect on the environment, since presumably only cleaner fuels would be
  allowed certification under the Simple Model. Both the Simple and Complex
  Models are linear with respect to RVP for all pollutants, and this linear
  relationship would simply be extended from 6.6 psi down to 6.4 psi.

  3. Change to High End of Aromatics Valid Range in the Simple Model

    It was and is the intention of the Agency to avoid, to the extent possible,
  establishing regulations which require refiners to reformulate their
  conventional fuels. The anti-dumping program is designed to ensure that a
  refiner's or importer's conventional gasoline stays as clean as it was in
  1990, and does not require reformulation beyond those levels. Thus the valid
  range limits for conventional gasoline in both the Simple and Complex Models
  were designed to be as wide as possible while simultaneously ensuring the
  accuracy of the models. As an additional level of flexibility, the Agency
  also allowed for the extension of the valid range for conventional gasoline
  if a refiner's individual 1990 baseline fuel exceeded the specified valid
  range limits (see discussion in Section II.B. below).
    Since promulgation of the final regulations for the anti-dumping program,
  the Agency has determined that the valid range limits in the Simple Model for
  aromatics, which are more restrictive than those for conventional gasoline
  under the Complex Model, could be widened without any detrimental impacts on
  either the program or on the environment. Without such a change to the
  regulations, refiners may be forced to make changes to their refineries by
  1995 that are not necessary in 1998 when compliance under the Complex Model
  is mandatory. Thus the Agency is changing the high end of the valid range for
  aromatics under the Simple Model from 45 volume percent to 55 volume percent.
  This change will ensure that the Simple Model can be used for as many
  conventional fuels as possible to show compliance under the anti-dumping
  program without the need to extend the valid range. The environment will not
  be adversely impacted since it was the Agency's intent to allow extensions of
  the valid range when a refiner's 1990 baseline fuel exceeded the specified
  valid range limits. The change will not affect RFG compliance, since
  aromatics are controlled by the reformulated gasoline standards for toxics.
  Driveability will not be affected since fuels with aromatics levels as high
  as 55 volume percent currently exist in-use. Also, consistency in the high
  end of the valid range limits for aromatics will be maintained throughout
  Phase I of the program. Because the relationship between toxic emissions and
  fuel aromatics levels is linear in the Simple Model, the change will not
  result in an inaccurate application of the model to higher aromatics levels.

  4. Change to Low End of Aromatics Valid Range in the Simple Model

    The Agency has also determined that the low end of the valid range for
  aromatics in the Simple Model may not provide refiners with adequate
  flexibility under the reformulated gasoline program. For the Complex Model,
  the Agency determined that the relationships between aromatics and emissions
  could not be trusted at levels below 10 volume percent. However, the Agency
  determined that a flat-line extrapolation below 10 volume percent, in which
  no emission benefits or detriments result from lowering aromatics values
  below 10 volume percent, would provide greater flexibility without
  compromising the accuracy of the Complex Model equations in this range. Since
  promulgation of the final rule, the Agency has determined that the Complex
  Model approach to low values of aromatics can be appropriately applied to the
  Simple Model as well. Therefore, the Agency is changing the low end of the
  valid range for aromatics under the Simple Model from 10 volume percent to 0
  volume percent, but will not allow any emission benefits in this range. The
  Agency did not intend to discourage the production of fuels that had very low
  levels of aromatics, and were, thus, qualitatively considered to be cleaner
  burning. If the low end of the valid range for aromatics is left at 10 volume
  percent, fuels with aromatics values of less than 10 volume percent that
  would otherwise be complying reformulated gasolines under the Simple Model
  will not be certifiable, despite the fact that those same fuels may be
  certifiable under the Complex Model. This change is expected to be
  environmentally benign, as few refiners will have any incentive to reduce
  aromatics below 10 volume percent for reformulated gasoline under the Simple
  Model.

  5. Change to High End of Benzene Valid Range in the Simple Model

    As stated in Section II.A.3, it was and is the intention of the Agency, to
  the extent possible, not to establish regulations that require the
  reformulation of conventional gasoline under the anti-dumping program.
  However, the valid range limits for benzene under the Simple Model may in
  fact force refiners to reformulate conventional gasoline. The Agency has
  determined that the valid range limits in the Simple Model for benzene, which
  are more restrictive than those for conventional gasoline under the Complex
  Model, can be widened without any detrimental impacts. Without such a change
  to the regulations, refiners may be forced to make changes to their
  refineries by 1995 that are not necessary in 1998 when compliance under the
  Complex Model is mandatory. Thus the Agency is changing the high end of the
  valid range for benzene under the Simple Model from 2.5 volume percent to 4.9
  volume percent. This change ensures that the Simple Model can be used for as
  many conventional fuels as possible to show compliance under the anti-dumping
  program without the need to extend the valid range. The change will not
  affect RFG compliance, since benzene is controlled by the reformulated
  gasoline standards for fuel benzene content. In like manner to raising the
  high end of the valid range for aromatics, consistency in the valid range
  limits will be maintained throughout Phase I of the program. The environment
  will not be adversely impacted since it was the Agency's intent to allow
  extensions of the valid range when a refiner's 1990 baseline fuel exceeded
  the specified valid range limits. As for aromatics, because the relationship
  between toxic emissions and fuel benzene levels is linear in the Simple
  Model, the change will not result in an inaccurate application of the model
  to higher benzene levels.

  B. Extending the Valid Range for Conventional Gasoline

    Under the anti-dumping provisions of the final rule, refiners use their
  individual 1990 baselines to determine compliance with the regulations under
  both the Simple and Complex Models. Depending on the compliance model being
  used, the values for particular fuel parameters are restricted by the valid
  range limits. For instance, if a refiner is using the Simple Model to comply
  with the anti-dumping regulations, VOC and NOX emissions are regulated
  through caps on the baseline levels of sulfur, olefins, and T90, while toxic
  emissions are regulated through an equation giving the benzene fraction of
  VOC emissions. Since the benzene fraction equation contains only benzene and
  aromatics as independent variables, the only valid range limits that apply to
  refiners using the Simple Model to comply with the anti-dumping regulations
  are those specified in Sec. 80.42(c)(1) for benzene and aromatics content.
  If, alternatively, a refiner is using the Complex Model to comply with the
  anti-dumping regulations, NOX and toxics emissions are regulated through the
  Complex Model. Thus the valid range limits that apply to refiners using the
  Complex Model to comply with the anti-dumping regulations are those specified
  in Sec. 80.45(f)(1)(ii) for oxygen content, sulfur content, RVP, E200, E300,
  aromatics content, olefins content, and benzene content.
    Section 80.91(f)(2)(ii) allows a refiner to extend the conventional
  gasoline valid range for the Complex Model if one or more of the fuel
  parameter values for its individual 1990 baseline fuel falls outside of the
  valid range specified in Sec. 80.45(f)(1)(ii). However, the regulations did
  not adequately specify the method, applicability, or limitations of such a
  valid range extension. As written, the regulations state that, for each
  baseline fuel parameter value which is outside of the Complex Model
  conventional gasoline valid range, the Complex Model valid range is extended
  only for such fuel parameters. The only stated limitation is that such an
  extension is applicable only to the applicable summer or winter season. The
  Agency has determined that this portion of the regulations is ambiguous, and
  requires revision.

  1. Applicability of the Provision for Valid Range Extension

    The Agency has only been made aware of the potential need for extension of
  the valid range for olefins, aromatics, and benzene. Therefore, a provision
  for the extension of the valid range has only been made for the high end of
  the specified valid range for these three fuel parameters. In each case, if
  the valid range limit is extended, the refiner in question must still be
  limited by a valid range to eliminate the possibility that the Complex Model
  will be used for aromatics, olefins, and/or benzene values that are very
  high, which might compromise the primary objective of the anti-dumping
  program. As specified in the final regulations, a refiner is allowed to
  extend the Complex Model valid range for both baseline and compliance
  emissions calculations, but is not directed as to the specification of any
  new valid range limits. Such a provision for the extension of the valid range
  that does not include limitations on fuel parameter values that can be
  evaluated with the Complex Model would defeat the purposes of specifying a
  valid range, and was not the Agency's intent.
    The Agency has determined that the best approach to limiting the extension
  of the valid range is to allow target fuels to have values at least up to the
  baseline level. Since the baseline fuel is an "average" fuel of sorts, the
  Agency has also determined that refiners should be given some flexibility
  beyond the baseline value. For aromatics, this flexibility will be fixed at a
  value of 5.0 volume percent. For olefins this flexibility will be fixed at a
  value of 3.0 volume percent. And for benzene this flexibility will be fixed
  at a value of 0.5 volume percent. Thus, for example, the extended valid range
  limit for aromatics would be equal to the individual refiner's baseline fuel
  value for aromatics, plus 5.0 volume percent. A similar calculation would be
  necessary for extending the valid range for olefins or benzene.
    The Agency has no reason to believe that provisions for the extension of
  the valid range for fuel parameters other than aromatics, olefins, and
  benzene on either the low or high ends are necessary. For instance, the
  Complex Model conventional gasoline valid ranges for oxygen, sulfur,
  aromatics, olefins, and benzene all have 0.0 as their lower limit. Thus no
  valid range extension would be required on the low end of the valid range for
  these fuel parameters. Similarly for E300, a fuel can have an E300 value of
  no higher than 100 percent, which is also the high end of the specified valid
  range. Other limitations, such as ASTM specifications and the volatility
  rule, should eliminate the need for valid range extensions in other cases.

  2. No-Benefit Limitation of the Provision for Valid Range Extension

    The Agency continues to believe that the valid range limits specified in
  Sec. 80.42(c)(1) and Sec. 80.45(f)(1)(ii) identify the fuel parameter values
  beyond which the compliance models are not considered accurate. Thus the
  Agency has determined that any extension of the specified valid ranges for
  conventional gasoline should incorporate flat-line extrapolation. Under flat-
  line extrapolation, the compliance models provide no emissions benefit or
  detriment when raising the value of either aromatics or olefins above the
  values specified in Sec. 80.42(c)(1) and Sec. 80.45(f)(1)(ii). This flat-line
  extrapolation will apply to both the baseline fuel and any target fuels
  evaluated with the compliance models under the anti-dumping regulations.

  3. Expanding the Applicability of the Valid Range Extension Provision to the
  Simple Model

    This direct final rule expands the applicability of the valid range
  extension provision given in Sec. 80.91(f)(2)(ii) to the Simple Model.
  However, as noted above, the only fuel parameters having valid range limits
  under the Simple Model anti-dumping regulations are aromatics and benzene
  content. The Simple Model valid ranges for both aromatics and benzene are
  being expanded to be equal to the corresponding ranges for the Complex Model,
  as described in sections II.A.3-5 of this rule. Thus the new valid range
  under the Simple Model will be 0-55 volume percent for aromatics and 0-4.9
  volume percent for benzene. No valid range extension will be required for
  either of these fuel parameters on the low end of the valid range. Thus the
  only relevant valid range extensions that would be necessary for the Simple
  Model would be for the high end of aromatics and the high end of benzene.

  III. Complex Model

    The Complex Model includes separate calculations for exhaust and nonexhaust
  emissions. The final regulations contained errors in the model descriptions
  for both exhaust and nonexhaust. The errors in the exhaust portion of the
  Complex Model were limited to the linear extrapolation methodology, while the
  errors in the nonexhaust portion arose in the VOC equations themselves.
  Another error also arose in the calculation procedure for annual average
  toxics. Each of these errors and the associated corrections will be discussed
  in detail below.

  A. Extrapolation

    The exhaust portion of the Complex Model is a statistically-derived set of
  equations relating fuel parameters to emissions of VOC, NOX, benzene, 1,3-
  butadiene, acetaldehyde, formaldehyde, and POM. The Agency determined the
  conditions under which these exhaust equations must be linearly extrapolated
  based on the ranges for each fuel parameter within which the equations were
  considered to be accurate. Linear extrapolation amounts to fixing the slope
  of the fuel parameter:emission relationship at a constant value. It is used
  to extend the equations beyond the limits of the data on which they are
  based, thereby making the reformulated gasoline and anti-dumping programs as
  flexible as possible.
    Of the six separate models in the exhaust portion of the Complex Model, all
  four toxic models are linear, and thus do not require linear extrapolation.
  Paragraph (c)(1)(iv) of Sec. 80.45 specifies the conditions and limitations
  of linear extrapolation for VOC, while Sec. 80.45(d)(1)(iv) specifies the
  conditions and limitations of linear extrapolation for NOX. The details of
  the linear extrapolation methodology included in these two portions of the
  final regulations contained a number of errors which require correction.

  1. Correct Parenthetical Form of Extrapolation Equations

    In paragraphs (c)(1)(iv)(B) and (d)(1)(iv)(B) of Sec. 80.45, the linear
  extrapolation equations contained too many brackets in some regions of the
  equations, and missing parentheses in other regions. Although these
  inadvertent omissions and insertions did not change the mathematical nature
  of the equations, a literal copying of the equations into computer code would
  result in an error. Thus the Agency has corrected the linear extrapolation
  equations for both VOC and NOX to contain the correct number of parentheses
  and brackets in the correct position and order.

  2. Correct Missing Sulfur Term in NOX Extrapolation Equation

    A sulfur term was inadvertently left out of both the Phase I and Phase II
  NOX extrapolation equations given in paragraph (d)(1)(iv)(B) of Sec. 80.45.
  This missing sulfur term represents the linear extrapolation of the NOX model
  with respect to sulfur for high emitters. This correction will have a
  negligible impact on the emission performance estimates provided by the
  Complex Model because the NOX equation for high emitters is essentially
  linear with respect to sulfur./1/ The inclusion of the correct sulfur term in
  the NOX extrapolation equation will result in the correct application of the
  edge target fuel to the NOX extrapolation equations.
    Note /1/ The exhaust portion of the Complex Model includes exponential
  functions which alters the traditional implications of first- and second-
  order equations. However, the Complex Model exhaust equations can be referred
  to and approached as first- and second-order as described in Section IV.D.1
  of the Regulatory Impact Analysis for the final rule.

  3. Clarify E300 Extrapolation Above 95 Percent

    In the process of determining the valid range limits for the use of the
  Complex Model for both reformulated and conventional gasoline, the Agency
  determined that the emission changes estimated by the exhaust equations were
  not accurate above an E300 value of 95 percent. However, comments received
  from the refining industry indicated a need for an E300 valid range that
  extended up to 100 percent. The Agency concluded that, although the exhaust
  equation emission change estimates could not be considered accurate above an
  E300 level of 95 percent, allowing only a zero change in emissions above this
  E300 level would ensure that refiners could not receive inappropriate
  benefits for fuels with very high E300 levels. Therefore, the Agency allowed
  for flat-line extrapolations of all exhaust equations between the E300 values
  of 95 and 100 percent. However, some portions of the regulations that
  specified this allowance contained typographical errors which substantially
  changed the manner in which this flat-line extrapolation for E300 was to be
  executed. Specifically, paragraphs (c)(1)(iv)(C)(5), (c)(1)(iv)(D)(5), and
  (d)(1)(iv)(C)(5) of Sec. 80.45 all indicated that the E300 value of the edge
  target fuel should be held constant at 95 volume percent for target fuels
  having an E300 value of greater than 95 volume percent. These paragraphs
  should not have refered to the edge target fuel, but rather to the target
  fuel for the purposes of determining emissions performances with the Complex
  Model. These three paragraphs are thus changed accordingly.

  4. Correct Value of DARO

    The regulations describing the linear extrapolation methodology for exhaust
  VOC and NOX contained two other typographical errors that nevertheless were
  substantial in their effects. The first arose in paragraphs (c)(1)(iv)(C)(9),
  (c)(1)(iv)(D)(9), and (d)(1)(iv)(C)(9) of Sec. 80.45 in the specification of
  the value of DARO. The value of DARO should generally be set equal to (DARO--
  18 volume percent) for any target fuel having an aromatics content of less
  than 18 volume percent. Thus DARO will be negative when the VOC or NOX
  equation is linearly extrapolated with respect to aromatics at the low end of
  the valid range. However, for target fuels having an aromatics content of
  less than 10 volume percent, the VOC extrapolation should be flat-line
  instead of linear. In this case, DARO should be fixed at a value of -8 volume
  percent. The value in the regulations was given incorrectly as +8 volume
  percent.

  5. Correct Specification of DE300

    The second typographical error that requires explanation and correction
  involves the specification of DE300 in paragraphs (c)(1)(iv)(C)(13) and
  (c)(1)(iv)(D)(13). The first sentence in each of these two paragraphs
  contains two conditions that must be met for DE300 to be set equal to (E300--
  94 percent). The first condition incorrectly states that the E300 level of
  the target fuel must be less than 94 percent, when in fact the condition
  should state that the E300 level of the target fuel must be greater than 94
  percent. The remainder of both of these paragraphs is correct.

  6. Eliminate References to E300 in NOX Extrapolation

    Finally, the linear extrapolation methodology for NOX in the final rule
  contained references to the allowable range for E300, despite the fact that
  the NOx equation is not extrapolated with respect to E300. Thus all
  references to E300 in paragraphs (d)(1)(iv)(A) and (d)(1)(iv)(B) are removed
  by this direct final rule. Note that, since all exhaust equations in the
  Complex Model are flat-line extrapolated for E300 values greater than 95
  percent, the flat-line extrapolation for E300 specified in paragraph
  (d)(1)(iv)(C)(5) is correct (except for the changes described above).

  B. Nonexhaust Model

    The equations giving nonexhaust VOC as a function of RVP for the Complex
  Model were originally proposed in the February 1993 NPRM (58 FR 17175). No
  changes to those equations were intended for the final rule on reformulated
  gasoline. However, typographical errors arose in a number of the coefficients
  in the nonexhaust VOC model when they were entered into the final
  regulations. These errors would have a small, but not insignificant impact on
  the VOC emission performances provided by the Complex Model.
    The errors in the nonexhaust VOC portion of the Complex Model lay in four
  places. The first was in the sign of the coefficient for RVP in the Phase I
  running loss equation for Region 1. The second was in the coefficient for RVP
  in the Phase II hot soak equation for Region 1. The third was in the
  coefficient for RVP in the Phase II refueling loss equation for Region 1. And
  the fourth was in the sign of the RVP coefficient for the Phase II running
  loss equation for Region 2. All the coefficients in the nonexhaust model have
  been returned to their proper values and signs by this direct final rule.

  C. Annual Average Calculations

    Since the averaging standards for toxics under the Complex Model are year-
  round standards, each refiner who is complying under an averaging scenario
  must determine the average year-round toxics emissions performance for the
  fuels that it sold during a given year. Each batch of fuel is uniquely
  associated with toxic emissions as estimated by the Complex Model. Thus
  refiners require a method for combining per batch emission performances into
  a single year-round value. The regulations provided two contradictory methods
  for combining per batch emission performances into such a single year-round
  value.
    Paragraph (g) et al. of Sec. 80.67 directs refiners to weight the emission
  performances by batch volume and then add them in order to determine a year-
  round value. In calculating emission performances with the Complex Model,
  fuels sold in the winter are evaluated with the winter model, while fuels
  sold in the summer are evaluated with the summer model. Thus this "volume-
  weighted" approach to determining year-round values correctly leads to an
  average toxic emissions value for the year.
    Paragraph (e)(3) of Sec. 80.45 incorrectly directs refiners to weight
  summer and winter toxic emissions by fixed values to obtain year-round
  averages. Under this portion of the regulations, summer batches of fuel would
  be individually weighted by their batch volumes to obtain average summer
  emission performance estimates. Likewise winter batches would be weighted by
  their batch volumes to obtain average winter emission performance estimates.
  However, the fixed weighting of summer and winter emission estimates for the
  purposes of determining a year-round value would not necessarily mimic a
  refiner's true ratio of summer to winter fuel. The fixed weightings given in
  paragraph (e)(3) were used to determine the performance standards, and are
  not relevant to determining compliance by individual refiners. Therefore,
  paragraph (e)(3) will be revised to refer to Sec. 80.67(g), and paragraphs
  (e)(3)(i) and (e)(3)(ii) of Sec. 80.45 will be removed.

  IV. Enforcement Corrections and Clarifications

    The following section contains corrections and clarifications to the
  enforcement portions of the final reformulated gasoline and anti-dumping
  regulations that were published on February 16, 1994 (59 FR 7716), and to
  enforcement portions of the preamble of the notice of final rulemaking./2/
  The reasons for the changes are listed below.
    Note /2/ Hereinafter in Part IV of this notice (unless otherwise
  indicated), references to "final rule" or "final regulations" shall refer to
  the regulations promulgated in the February 16, 1994, notice of final
  rulemaking.

  A. Reformulated Gasoline Regulation (40 CFR Part 80, Subpart D)

  1. Measurement of Reformulated Gasoline Fuel Parameters (Sec. 80.46)

    The table of aromatic compounds in Sec. 80.46(f)(1)(ii)(K) is being
  revised. The aromatic compounds listed in the final rule are those used by
  EPA during the development of the analytical method for the rulemaking. In
  this notice some compounds that no longer are available commercially have
  been deleted from the list, and several aromatic compounds that are found in
  commercial gasolines and are available commercially to make reference
  materials have been added to the list. Only materials of known purity or
  those specified as 99% pure or greater should be used as calibration
  standards.
    The number of calibration levels should be sufficient to bracket the
  expected concentration of each compound. Two calibration levels were used in
  the initial evaluation of the test method. In the future, however, EPA
  probably will use five calibration levels with at least three internal
  standards used in the standards and samples in order to improve precision.
    Initially EPA prepared standards by volume. Currently, however, EPA
  prepares standards, samples, and internal standards by weight. Conversion to
  volume percent is performed by using the density of the aromatic compound in
  question. Standards for gasoline that are prepared by weight are considered
  to be more accurate than standards that are prepared by volume.
    Neither the use of five calibration levels, nor the preparation of
  standards by weight, should be viewed as changes to the regulations, but
  rather as Agency recommendations intended to improve precision.

  2. General Requirements for Refiners, Importers and Oxygenate Blenders (Sec.
  80.65)

    a. Designation of Gasoline as Oxygenated Fuels Program Reformulated
  Gasoline (OPRG) or Non-OPRG. Section 80.65(d)(2)(iii) is revised in order to
  clarify the categories of gasoline that may be designated as oxygenated fuels
  program reformulated gasoline, or OPRG. The final rule, at Sec.
  80.65(d)(2)(iii), specifies that reformulated gasoline must be designated as
  OPRG, or not OPRG, to provide a mechanism to ensure reformulated gasoline
  outside of oxygenated fuels control areas during oxygenated fuels control
  periods has at least the 2.0 weight percent oxygen content mandated by the
  Clean Air Act./3/ The final rule requires parties who meet the oxygen
  standard on average to meet the oxygen standard separately for gasoline not
  designated as OPRG. If OPRG and non-OPRG gasoline could be averaged together
  for oxygen purposes, the gasoline in the OPRG areas--where 2.7 weight percent
  oxygen is required during the oxygenated fuels control period--could be used
  to offset gasoline with 1.5 weight percent oxygen intended for use in non-
  OPRG areas.
    Note /3/ The "oxygenated fuels control areas" are those areas where the use
  of oxygenated gasoline is required during the winter season pursuant to
  section 211(m) of the Clean Air Act, 42 U.S.C. 7545(m).

    Today's revision consists of two parts. First, the regulation is clarified
  to make specific that the OPRG/non-OPRG designation applies only to
  reformulated gasoline and not to RBOB. The final rule requires RBOB to be
  designated as OPRG or non-OPRG, but the OPRG designation for RBOB serves no
  purpose because RBOB does not become reformulated gasoline until oxygenate
  has been added. The final rule is unchanged regarding oxygenate blender
  responsibilities--oxygenate blenders who produce reformulated gasoline by
  combining RBOB with oxygenate are required to designate the gasoline as OPRG
  or non-OPRG, and to meet the oxygen standard separately for gasoline not
  designated as OPRG.
    The second change regarding OPRG-designated gasoline is the addition of a
  new provision, at Sec. 80.65(d)(2)(iii)(B), to clarify that reformulated
  gasoline that contains at least 2.0 weight percent oxygen may be designated
  as OPRG regardless of whether or not the gasoline is used in an oxygenated
  fuels program control area during an oxygenated fuels program control period.
  This change allows terminals that serve both oxygenated fuels areas and non-
  oxygenated fuels areas to stock a single reformulated gasoline that could be
  used in both areas, instead of having to stock both OPRG and non-OPRG
  designated reformulated gasoline. This change also allows all reformulated
  gasoline that meets the 2.0 weight percent oxygen per-gallon standard to be
  designated as OPRG, without such gasoline being restricted to use in
  oxygenated fuel areas during oxygenated fuel control periods.
    A terminal thus could stock reformulated gasoline that contains 2.7 weight
  percent oxygen and, therefore, that meets the oxygenated fuels oxygen
  requirement, and deliver this gasoline into both OPRG and non-OPRG markets. A
  terminal also could stock reformulated gasoline that contains 2.0 weight
  percent oxygen for delivery into both OPRG and non-OPRG markets, and splash
  blend additional oxygenate with those batches of gasoline that are delivered
  into the oxygenated fuel area during the oxygenated fuel control period./4/
    Note /4/ Section 80.78(a)(6) prohibits adding oxygenate to reformulated
  gasoline, except in the case of reformulated gasoline that is designated as
  OPRG and is used in an oxygenated fuels program control area during an
  oxygenated fuels program control period.

    This change, however, keeps intact the regulatory mechanism for ensuring
  non-OPRG areas receive reformulated gasoline that contains at least 2.0
  weight percent oxygen. Any reformulated gasoline used outside an oxygenated
  fuels control area during an oxygenated fuels control period that contains
  less than 2.0 weight percent oxygen (and therefore must be designated as non-
  OPRG) must be offset with other non-OPRG reformulated gasoline that contains
  more than 2.0 weight percent oxygen, such that the average oxygen content of
  the non-OPRG gasoline is greater than or equal to the 2.1 weight percent
  average standard.
    b. Designation of Complex Model Gasoline as Meeting NOX Standard on Per-
  Gallon or Average Basis. Section 80.65(d)(2)(v)(B) is revised in order to
  clarify that refiners and importers are required to specify whether the NOX
  standard is being met on a per-gallon basis or on average only for gasoline
  certified under the complex model. There is no separate NOX standard under
  the simple model.
    c. Designation of Reformulated Gasoline Blendstock for Downstream Oxygenate
  Blending (RBOB). Section 80.65(d)(2)(vi) is being revised in order to clarify
  that refiners and importers have three options regarding the designation of
  reformulated gasoline blendstock for downstream oxygenate blending (or RBOB).
  A refiner or importer has three options for the types of RBOB that may be
  produced or imported: as suitable for blending with any oxygenate, with ether
  only, or with a refiner- or importer-specified oxygenate type and amount. The
  gasoline designation requirements at Sec. 80.65(d)(2)(vi) as promulgated in
  the final rule did not include the refiner- or importer-specified oxygenate
  option for RBOB, making this provision inconsistent with the downstream
  oxygenate provisions at Sec. 80.69(a) that specifies the RBOB options and
  includes the refiner- or importer-specified option, and the product transfer
  document requirements for RBOB at Sec. 80.77(i)(2) that includes all three
  options. In order to correct this inconsistency, today's revision adds the
  refiner- or importer-specified option to the RBOB designation requirement.
    d. Assignment of Batch Numbers. Section 80.65(d)(3) requires refiners and
  importers to assign a unique number to each batch of reformulated gasoline
  that is produced or imported, and this section includes an example of such a
  batch number. The numbers contained in the example are being modified to
  reflect the correct number of digits for the portion of the batch number that
  states the EPA-assigned facility registration number (five digits) and the
  sequential batch number (six digits).
    e. Computer-Controlled In-Line Blending Exemption. Section 80.65(e)(1)
  requires each refiner or importer to obtain test results for each batch of
  reformulated gasoline prior to the gasoline leaving the refinery or import
  facility. Refiners who produce reformulated gasoline using a computer-
  controlled in-line blending process in which the gasoline is blended directly
  to a pipeline, however, will not have the test results for the "batch" prior
  to the release of at least some, if not all, of the gasoline. To correct the
  incompatibility between this requirement and the nature of the computer-
  controlled in-line blending process, the Sec. 80.65(f)(4) exemption from
  independent sampling and testing for refiners that produce reformulated
  gasoline using computer-controlled in-line blending equipment is expanded to
  include an exemption from the Sec. 80.65(e)(1) requirement that refiners have
  test results for each batch prior to the gasoline leaving the refinery.
    f. Release of Reformulated Gasoline Certified Under Simple Model as Not
  VOC-Controlled. Section 80.65(e)(1) is also revised in order to clarify that
  reformulated gasoline certified under the simple model that is not VOC-
  controlled may be released from the refinery or import facility after the
  refiner or importer has test results for oxygen and benzene only. The final
  rule requires refiners and importers to have RVP test results in hand prior
  to release of all simple model-certified reformulated gasoline, but the RVP
  standard applies under the simple model only to VOC-controlled gasoline.
    g. List of Reformulated Gasoline Properties to be Established by Testing.
  Section 80.65(e)(2)(i) contains a list of reformulated gasoline properties
  that must be established by testing. This list in the final rule includes 50%
  distillation (T-50) and 90% distillation (T-90) (the temperatures in degrees
  F at which 50% and 90% of a liquid are evaporated). This list is being
  revised to add terms for E200 and E300 (the percent of a liquid that are
  evaporated at 200 and 300 degrees F). E200 and E300 are correlated with T-50
  and T-90, and may be approximated from T-50 and T-90 measurements using
  conversion equations. The most accurate way of determining the E200 and E-300
  of gasoline, however, is using ASTM-86-90, the distillation test method
  specified at Sec. 80.46(d). As a result, the list of mandatory testing is
  being expanded to include the E-200 and E-300 terms.
    This expansion does not constitute a change from the mandatory testing
  requirements for reformulated gasoline, because the E200 and E300 terms are
  established as part of the ASTM-86-90 distillation test that already is
  required. The correlation ranges for E-200 and E-300, 2.5 vol% and 3.5 vol%
  respectively, that are included in the Sec. 80.65(e)(2)(i) table are the
  reproducibility figures for these terms from the ASTM test, and are
  comparable to the five degrees F correlation range provided for the T-50 and
  T-90 terms.
    h. Reconciliation of Test Results. Section 80.65(e)(2)(ii)(A) is being
  revised to clarify one option for reconciling reformulated gasoline test
  results from a refiner's or importer's laboratory as compared with test
  results from an independent laboratory. Under this option, where the
  refiner's or importer's test result for any parameter is not confirmed, the
  refiner or importer would use the result for that parameter that is the
  "worst case" for the refiner or importer ("best case" for the environment).
  Under this option in the final rule, the smaller of the two results for
  oxygenates is used for calculating all standards except RVP.
    This option is being revised to refer to oxygenates as a class without
  separately naming each oxygenate. This change will keep the option from
  becoming dated if any new oxygenates are used in reformulated gasoline. The
  option also is being revised to eliminate the larger oxygenate volume
  assumption in the case of RVP, because RVP is a parameter that is measured
  directly. Any oxygenate effect on RVP will be measured in the RVP test and
  would not be changed by a calculation using the "worst case" oxygenate level.
    i. Attest Engagement Requirement. Section 80.65(h) is being revised to
  specify that the attest engagement requirement applies to oxygenate blenders
  who meet the oxygen standard on average, and not to oxygenate blenders who
  meet the oxygen standard on a per-gallon basis. This change conforms Sec.
  80.65(h) with Sec. 80.69(b)(4) which limits the attest engagement requirement
  to oxygenate blenders who average.

  3. Compliance Surveys (Sec. 80.68)

    Section 80.68(c)(13) is being revised to clarify when VOC and NOX emissions
  reduction calculations must be reported to EPA by the surveyor under the
  gasoline quality survey requirements./5/ VOC emissions reduction calculations
  must be reported only for surveys during June 1 through September 15 of each
  year, including simple model surveys where a specified simple model VOC
  emissions reduction equation is cross-referenced. NOX  emission reduction
  calculations must be reported for all complex model surveys before January 1,
  2000, and beginning on January 1, 2000 for surveys outside the period June 1
  through September 15. NOX  surveys are not required during June 1 through
  September 15 under Phase II (beginning on January 1, 2000) because the Clean
  Air Act's restriction on NOX  increases is satisfied through the NOX
  reductions required for VOC-controlled reformulated gasoline under Phase II.
  The rationale for this approach for NOX surveys is discussed at 59 FR 7773
  (February 16, 1994).
    Note /5/ This notice is also adding the paragraph number for this
  provision, which was inadvertently omitted in the notice of final rulemaking.

  4. Covered Areas (Sec. 80.70)

    a. Putnam and Orange Counties, New York. In order to correct an oversight
  in the final rule, Sec. 80.70(d)(3) is being amended to include Putnam and
  Orange Counties, New York, as part of the New York-Northern New Jersey-Long
  Island-Connecticut "covered area." These counties are part of the New York
  City CMSA and are thus appropriately part of the New York City reformulated
  gasoline covered area. See 57 FR 13444 (April 16, 1992). Putnam and Orange
  Counties are also included in the New York City CMSA for purposes of the
  oxygenated fuels program requirements.
    b. Bullitt and Oldham Counties, Kentucky. Section 80.70(j) is being amended
  to specify the applicable boundaries for the portions of Bullitt and Oldham
  Counties, Kentucky, that are nonattainment areas.
    c. Essex County, New York. The listing of Essex County, New York, is also
  being amended to include a specific description of the nonattainment area.
    d. Smyth County, Virginia. Section 80.70(j) is also being amended to delete
  Smyth County, Virginia, as a covered area for the reformulated gasoline
  program. This area was expressly excluded from coverage in the Governor's
  opt-in request and should not have been included in the regulatory list of
  covered areas.
    e. Richmond, Virginia. An erroneous reference to the City of Richmond is
  also being corrected.

  5. Reporting Requirements (Sec. 80.75)

    a. Sulfur, NOX and T90 Averaging Reports
    Section 80.41(h)(2) of the final rule requires that refiners and importers
  subject to the simple model meet their 1990 baseline sulfur, olefins and T90
  levels on average for the entire year. However, it does not include a
  requirement to report the average values of these properties to EPA. It was
  the Agency's intention to have these values reported and so an additional
  reporting requirement for sulfur, olefins and T90 is being added at Sec.
  80.75(b)(2). In addition, the RVP averaging reporting requirements are being
  renumbered, under Sec. 80.75(b)(1), so that the sulfur, olefin and T90
  averaging reporting requirements may be included under Sec. 80.75(b).
    b. Oxygen Averaging Reports. Section 80.75(f)(2)(ii)(A) is being revised to
  conform the categories of reformulated gasoline that must be reported
  separately for oxygen averaging purposes to the categories that are specified
  in the oxygen averaging section, at Sec. 80.67(h)(1)(v)(A).

  6. Registration Requirements (Sec. 80.76)

    The Agency is making several revisions to the registration requirements in
  Sec. 80.76(c) of the final rule. EPA is removing the requirement to indicate
  where off-site records are kept from the refiners', importers' and oxygenate
  blenders' registration information, and instead requiring that information be
  submitted for each refinery, oxygenate blending facility, and in the case of
  importers, operations within each PADD. The registration requirement to
  indicate what type of gasoline each refinery or oxygenate blending facility
  will produce (reformulated, RBOB, conventional or blendstocks) has been
  removed because the Agency believes that it is not necessary for registration
  purposes. The Agency intended that importers would identify the independent
  laboratories used to comply with the independent sampling and testing
  requirements, but there was no specific regulatory text requiring them to do
  so. This notice requires each importer to provide that information to EPA for
  its operations in each PADD.

   7. Product Transfer Documentation (Sec. 80.77)

    a. Minimum and/or Maximum Standards. Section 80.77(g)(2), which requires
  that per-gallon minimum/maximums must be included in product transfer
  documents, is being revised to clarify the categories of reformulated
  gasoline for which these values must be specified. Paragraphs (g)(2)(iii),
  (g)(2)(iv)(A), and (g)(2)(iv)(B) of Sec. 80.77 are being revised to specify
  that the RVP maximum and the VOC emissions performance minimum must be
  included only for VOC-controlled reformulated gasoline, because these
  standards apply only to VOC-controlled gasoline. Paragraphs (g)(2)(iv)(A) and
  (g)(2)(iv)(B) of Sec. 80.77 also are being revised to specify that the NOX
  minimum must be included only for reformulated gasoline certified using the
  complex model. There is no separate NOX standard under the simple model.
    b. VOC-Controlled Gasoline That Contains Ethanol. Section 80.77(g)(3) is
  being added to require that product transfer documents must identify any VOC-
  controlled reformulated gasoline that contains any ethanol as an ethanol-
  containing reformulated gasoline, so that downstream parties will have
  sufficient knowledge to avoid violation of the prohibition, at Sec.
  80.78(a)(8), against combining VOC-controlled reformulated gasoline produced
  using ethanol with VOC-controlled reformulated gasoline produced using any
  other oxygenate during the period January 1 through September 15.
    c. Complex Model Gasoline Certified Prior to 1998. Section 80.77(h) is
  being revised to clarify that the product transfer document requirements
  related to gasoline certified using the complex model before January 1, 1998,
  apply to reformulated gasoline and RBOB. The final rule makes reference to
  "gasoline" and RBOB without specifying "reformulated gasoline," which could
  have caused confusion.

  8. Controls and Prohibitions (Section 80.78)

    Section 80.78(a)(1)(v)(B) and (a)(1)(v)(C), concerning reformulated
  gasoline prohibited activities, are being revised to clarify that gasoline
  subject to the per-gallon RVP maximum must have an RVP that is less than or
  equal to this standard, and that gasoline subject to the VOC and NOX
  emissions reduction minimum must have emissions reductions that are greater
  than or equal to these standards. The final rule describes these requirements
  only in terms of gasoline that is "less than" or "greater than" these
  standards, while gasoline that equals these standards also is in compliance.

  9. Enforcement Exemptions for California Gasoline (Sec. 80.81)

    a. Definition of California Gasoline. The final rule was intended to extend
  the California enforcement exemptions to gasoline produced at refineries
  outside California that produce only California reformulated gasoline and
  federal conventional gasoline. See 59 FR 7759, col. 3 (February 16, 1994).
  However, the regulatory definition of "California gasoline" could be read to
  exclude non-California refineries producing California reformulated gasoline
  from the enforcement exemptions. Therefore, Sec. 80.81(a)(2)(iii) is
  clarified to exclude from this definition only gasoline produced by non-
  California refineries that are also producing reformulated gasoline for sale
  in covered areas outside California.
    b. Compliance Demonstration Submittal. Section 80.81(b)(4) requires
  refiners, importers, and oxygenate blenders to submit the compliance
  demonstration mandated by Sec. 80.81(b)(3) by May 31, 1996 "along with
  reports required to be submitted under Sec. 80.75(a)(1)." The quoted language
  is corrected to make clear that the compliance demonstration should accompany
  the report for the first quarter of 1996 due to be submitted on that date
  under Sec. 80.75(a)(1)(i).
    c. Use of California Sampling and/or Testing Methodologies. Section
  80.81(h) allows refiners and importers of California gasoline to use sampling
  and test methods that are set forth in the California reformulated gasoline
  regulations, in lieu of those methods prescribed under Sec. 80.46 for the
  federal reformulated gasoline program. This provision is being revised to
  clarify that these California-approved sampling and test methods may be used
  only with California gasoline, and that these methods may not be used to
  satisfy the sampling and testing requirements for reformulated or
  conventional gasoline that does not meet the definition of California
  gasoline.

  B. Anti-Dumping Regulations (40 CFR Part 80, Subpart E)

  1. Standards Applicable to Refiners and Importers (Sec. 80.101)

    a. Compliance Baseline Formula. Section 80.101(f)(4) currently provides
  that refiners and importers who use an individual 1990 baseline, and who
  increase their gasoline production volume above a certain level, must
  calculate a compliance baseline for each averaging period. EPA has combined
  the separate formulas for "Veq" and "CBi" in Sec. 80.101(f)(4) into a single,
  simpler formula.
    In addition, EPA has specified that the denominator of the compliance
  baseline equation includes the volume of California gasoline. The final rule
  excluded the volume of California gasoline produced in 1995 and thereafter
  from the compliance baseline equation, but this exclusion rendered this
  equation invalid for refiners of California gasoline because the numerator of
  this equation includes gasoline produced for the California market in 1990.
  In order to constitute a valid comparison of the volume of gasoline produced
  in 1990 versus the volume produced in 1995 and thereafter, both the numerator
  and the denominator of the compliance baseline equation must contain the
  volume of gasoline produced for the California market. This approach for
  including California gasoline in the compliance baseline equation is
  equivalent to the requirement that reformulated gasoline produced for use in
  covered areas outside the State of California must be included in the
  denominator of the compliance baseline equation.
    The definitions of the factors "DBi," "CBi," and "Bi," are clarified to
  bring them in conformance with the terms used in the complex model
  calculations under Sec. 80.101(g).
    b. Compliance Calculations. Section 80.101(g), entitled "Compliance
  Calculations," is restructured to reverse the order of the simple model
  calculation formula currently in Sec. 80.101(g)(1)(i) and the formula for
  determining the average value for the parameter being evaluated currently in
  Sec. 80.101(g)(1)(ii). This organizational change is necessary because in
  order to perform the simple model calculation for exhaust benzene emissions,
  the refiner or importer must first determine the average value for certain
  parameters. In addition, and for purposes of clarity, the heading "Simple
  Model Calculations" is inserted as a new paragraph (i) under Sec.
  80.101(g)(1), and the heading "Complex Model Calculations" is inserted as a
  new paragraph (ii) under Sec. 80.101(g)(1). These changes restructure the
  compliance calculations in a logical sequence that will make this section
  clearer for compliance purposes.
    The formula definition of "SGi" in Sec. 80.101(g)(1)(i)(A) is amended to
  clarify that the specific gravity term only applies to calculations involving
  sulfur.
    The definitions of the factors "BZ" and "AR" under Sec. 80.101(g)(1)(i)(B),
  pertaining to compliance calculations for exhaust benzene emissions under the
  simple model, are clarified as to how these are calculated by expanding them
  to read "calculated per paragraph (g)(1)(i)(A) of this section."
    Section 80.101(g)(1)(iii), (g)(1)(iv), and (g)(1)(v), pertaining to complex
  model calculations, are consolidated and simplified as a new Sec.
  80.101(g)(1)(ii).
    c. Sampling and Testing. Section 80.101(i)(1), which concerns requirements
  for sampling and testing of conventional gasoline and other products to which
  the compliance standards apply, is being revised to delete the requirement
  that such sampling and testing be conducted prior to the gasoline or product
  leaving the refinery. This change is necessary because this requirement
  interferes with the ability of refiners and importers to do composite
  sampling and in-line blending.

  2. Controls Applicable to Blendstocks (Sec. 80.102)

    Since gasoline produced for and marketed in California is subject to that
  State's stringent reformulated gasoline standards, it is not necessary to
  include such gasoline, or applicable blendstocks used in the production of
  such gasoline, in EPA's blendstock tracking requirements beginning in 1995.
  Thus, the definitions of the volume of gasoline, "Vg" and "Vg,i," in the
  averaging period blendstock-to-gasoline ratio in Sec. 80.102(d)(1)(i) and the
  running cumulative compliance period blendstock-to-gasoline ratio in Sec.
  80.102(d)(2)(i), respectively, are amended by adding an explicit exclusion
  for California gasoline. Similarly, an additional subparagraph (v) has been
  added under Sec. 80.102(d)(3) to exclude applicable blendstocks used to
  produce California gasoline in the blendstock ratio calculations. These
  corrections are necessary to make clear that the volumes of California
  gasoline, and applicable blendstocks used to produce California gasoline are
  not part of the ratio calculations.6
    Note 6 The baseline blendstock-to-gasoline ratio does include both gasoline
  and blendstock produced for the California market. This baseline ratio
  nevertheless is a valid basis for comparison with the compliance period
  blendstock-to-gasoline ratios (that exclude California gasoline and
  blendstock) because the baseline ratio represents a refiner's or importer's
  actual 1990 gasoline and blendstock volumes.

  3. Record Keeping Requirements (Sec. 80.104)

    Under Sec. 80.104(a)(2)(ix), refiners and importers are required to retain
  documents to demonstrate that blendstocks were transferred for other than
  gasoline blending purposes as a basis for excluding such blendstocks from
  tracking. There are various other bases specified in Sec. 80.102(d)(3) for
  excluding blendstocks from tracking (e.g., exported, transferred as a
  feedstock) for which document support is not required in the final rule. EPA
  believes that the document support requirement should apply to all excluded
  blendstocks. Therefore, Sec. 80.104(a)(2)(ix) is expanded to require the
  retention of documents which demonstrate any of the specified bases for the
  exclusion of blendstocks from blendstock tracking.

  4. Reporting Requirements (Sec. 80.105)

    Section 80.105(a)(2) in the final rule requires refiners and importers to
  report the overall volume of applicable blendstock produced or imported and
  transferred to others. This provision is being clarified to require separate
  reporting for those applicable blendstocks that are, and those that are not,
  excluded under Sec. 80.102(d)(3).

  C. Preamble

    The preamble of the February 16, 1994, notice of final rulemaking contains
  two errors in the sections discussing reformulated gasoline and anti-dumping
  enforcement provisions. The following corrections should be noted for these
  sections of the preamble:
    ** On page 7759, in the second column, in the 12th and 13th lines of the
  second full paragraph, "(March 1, 1996, through February 29, 1996)" should
  read "(March 1, 1996, through February 28, 1998)."
    ** On page 7800, in the second column, in the 4th and 5th lines of the
  carryover paragraph, "section 211(k)(c) of the Act" should read "section
  211(k) and (c) of the Act."

  V. Summer/Winter Season

    Section 80.91 of the Reformulated Gasoline Final Rule (59 FR 7716) defines
  summer and winter data and sampling requirements as follows: paragraph
  (d)(1)(i)(A) states that "Data shall have been obtained for at least three
  months of the refiner's or importer's production of summer gasoline and at
  least three months of its production of winter gasoline." The regulation goes
  on to define a summer month as "any month during which the refiner produced
  any gasoline which met the federal summer gasoline volatility requirements.
  Winter shall be any month which could not be considered a summer month."
    Several comments received by EPA since the rule was published indicate that
  this present definition severely restricts or eliminates the winter period in
  some cases, and inappropriately allocates winter data to the summer
  calculation. Further, the current rule inadvertently precludes the use of
  actual data in some calculations, even when such per batch actual data is
  available.
    Considering that the goal of the baseline is to most accurately reflect
  actual 1990 gasoline composition, the rule will be modified to more correctly
  allocate parameter data. Provision will be made for the use of actual RVP
  data to define summer and winter gasoline. When such Method 1, per batch
  actual data is not available, summer and winter months will be redefined to
  better approximate the seasonal gasoline fuel parameter and emission values.
    This modification to the reformulated gasoline regulation will satisfy
  several comments received since publication in the Federal Register. EPA will
  redefine summer and winter months, for use when Method 1 actual batch data is
  not available, as follows. A summer month will be redefined as any month
  during which more than 50 percent (by volume) of the gasoline produced by a
  refiner met the federal summer gasoline volatility requirements. Winter shall
  remain defined as any month which could not be considered a summer month.
  This will correct situations in which small quantities of summer volatility
  gasoline are produced early in the year. Originally, data from a month in
  which even small quantities of summer volatility fuel was produced was
  considered a summer month. With this modification, such months in which the
  majority of fuel was winter volatility would be correctly allocated as a
  winter data month.
    Further, for any month for which both winter and summer gasoline were
  produced, if actual RVP (Method 1) data are available, that data will be
  accurately divided between the summer and winter calculations, as
  appropriate. If such per batch data is not available, all data for that month
  would be considered either summer or winter, based on the production volumes.
    When actual per batch data is used, for minimum data requirement purposes,
  a month is considered equivalent to 4 weeks of seasonal data. Therefore, 12
  weeks of data sampling on summer volatility fuel satisfies the minimum three
  months of data collection required. If a refiner, such as the California
  refiners, still cannot provide three months of winter data, they may petition
  for less than minimum data, under the provisions outlined in Sec.
  80.91(d)(1)(C).

  VI. Baseline Determination Adjustments

  A. Work-In-Progress (WIP) Adjustment

    The final reformulated gasoline rule provided criteria for allowing work-
  in-progress baseline adjustments (section 80.91(e)(5)). Work-in-progress
  (WIP) refers to one or more major capital changes or commitment(s) made by a
  refiner prior to or in 1990. A WIP adjustment allows a refiner to modify its
  baseline volume and fuel parameter values (which affect emissions) to account
  for the WIP. In order to obtain a WIP modification, a refiner must petition
  EPA and EPA must approve the petition.
    As indicated in the preamble to the final rule, EPA believes that the
  criteria for a WIP adjustment should be fairly stringent, as the adjustment
  was intended only for those for whom a significant investment had already
  been made in order to comply with another government mandate. Additionally, a
  broad program of adjustments could indicate that EPA exceeded its equitable
  discretion under Alabama Power, as discussed in the Regulatory Impact
  Analysis (RIA) accompanying the final rule.
    In the final rule, EPA required that a refiner meet each of three criteria
  in order to qualify for a WIP baseline adjustment. A fourth criterion was
  also required to minimize environmental harm due to WIP adjustments, via
  simple model parameter caps and emissions caps for both the simple and
  complex models.
    Since promulgation of the final rule, EPA has re-evaluated this fourth
  criterion of the WIP provisions. EPA intended to allow WIP adjustments to
  relieve severe hardship where the adjustment did not allow emissions to
  increase significantly relative to the Clean Air Act baseline. The methods
  EPA chose to constrain WIP adjustments had inconsistent impacts depending on
  simple model or complex model use. The modification proposed in this Direct
  Final Rulemaking would ensure that the fuel parameter constraints on WIP
  adjustments under the simple model would be more consistent with the
  emissions performance constraints under the complex model. Specifically, WIP
  adjustments will be permitted to exceed the simple model parameter caps, but
  only to the extent the baseline still complies with the complex model
  emission caps. Without this change, a WIP adjustment would be more
  constrained in 1995 than would be the case in 1998, possibly requiring a
  refiner to make processing changes in 1995 that would not be necessary in
  1998. While the emissions and parameter caps were set to minimize
  environmental harm due to the WIP (realizing that a WIP adjustment will
  actually increase baseline emissions relative to 1990) EPA believes this
  modification will increase compliance flexibility while maintaining the
  environmental goals of the program.
    With regard to the effect of WIP adjustments on reformulated gasoline
  compliance, the simple model caps stated in the regulations apply to
  reformulated gasoline as well as to conventional gasoline. As stated in the
  final reformulated gasoline rule, when the simple model is used for
  compliance, the WIP-adjusted annual average baseline values for sulfur,
  olefins and T90 are the actual WIP-adjusted values of those parameters,
  provided they do not exceed the unadjusted baseline values or the simple
  model parameter caps given in section 80.91(e)(viii)(B). However, baseline
  parameters may now exceed these caps if the WIP adjusted baseline does not
  result in exhaust emissions of VOC, toxics, and NOX which exceed the emission
  levels specified in Sec. 80.91(e)(5)(vii)(B), namely 105% of the annual
  average statutory value.
    Based on questions received since promulgation of the final rule, two
  changes in the language of the Work-In-Progress (WIP) provisions are made to
  section 80.91(e)(5) to further clarify certain aspects of the WIP adjustment
  not explicitly addressed in the final rule. The regulatory language dealing
  with the emissions and parameter caps is unclear as to whether the caps apply
  to the actual values or to the change in emissions or parameter values. In
  addition, there appeared to be some confusion over what was meant by
  "adjusted" baseline. Paragraphs 80.91(e)(5)(vi) and 80.91(e)(5)(vii) have
  been modified to clarify agency intent.

  B. JP-4 Adjustment

    In the final rule for reformulated gasoline, EPA allowed adjustments for
  specific extenuating circumstances. Baseline fuel parameters, volumes and
  emissions of a refinery can be adjusted due to the occurrence of specific
  extraordinary or extenuating circumstances which caused its 1990 gasoline
  production to be different than it would have been had the circumstance not
  occurred. However, the Agency's objective is not to establish a broad
  adjustment program. Allowable circumstances include unforeseen, unplanned
  downtime of at least 30 days of one or more gasoline blendstock producing
  units due to equipment failure or natural cause beyond the control of the
  refiner, or for non-annual maintenance (turnaround) downtime which occurred
  in 1990. These types of adjustments reflect instances where the 1990 baseline
  truly deviated from the otherwise expected baseline (historic and future),
  had the incident not occurred. EPA also expects that allowed adjustments will
  have minimal environmental impact while relieving a large regulatory burden.
    In keeping with that policy objective, EPA promulgated provisions to permit
  baseline adjustments for certain refiners which produced JP-4 jet fuel in
  1990, upon petition and approval. As discussed in the RIA for the
  reformulated gasoline final rule, EPA believes that it has authority to allow
  such adjustments due to the discretion afforded EPA by Congress.
  Additionally, Alabama Power v. Costle /7/ gives EPA "case-by-case discretion"
  to grant variances or even dispensation from a rule where imposition of the
  requirement would result in minimal environmental benefit but would extremely
  burden a regulated party. Today's action changes two portions of the
  provisions for JP-4 adjustment: the multiple refinery requirement and the JP-
  4 to gasoline production ratio. In the final reformulated gasoline rule, JP-4
  baseline adjustments are generally limited to single-refinery refiners
  because such refiners have no way to aggregate baselines /8/ so as to reduce
  the combined burden of a JP-4 phaseout and the anti-dumping requirements on
  their operations. In some cases, if no relief were granted in this area, the
  viability of a refinery could be at stake.
    Note /7/ Alabama Power Company v. Costle, 636 F.2d 323.357 (D.C. Cir 1979).
    Note /8/ A refiner with more than one refinery may determine an aggregate
  baseline, i.e., a conventional gasoline compliance baseline, which consists
  of the volume-weighted emissions or fuel parameters, as applicable, of two or
  more refineries.

  1. Multiple-Refinery Requirement

    The final reformulated gasoline rule also promulgated baseline adjustment
  provisions for multi-refinery refiners where each refinery produced JP-4 in
  1990. This adjustment provision assumes that multi-refinery refiners are
  predominantly in the business of fuel production and thus possess the means
  to offset the refinery's JP-4 volume and associated fuel parameter increases
  with fuels volumes at other locations. The adjustment also assumes that
  refiners with multiple-refineries have process units offering various
  processing options which support an average (or typical) fuel production
  operation.
    Today's action modifies the JP-4 baseline adjustment multiple refinery
  requirement. Every refinery of a multiple-refinery is no longer required to
  have produced JP-4. Such multi-refinery refiners are allowed to average their
  1990 JP-4 production to 1990 gasoline production ratio across all of their
  refineries. However, all refineries of a multi-refiner must still meet the
  other two criteria specified for the JP-4 baseline adjustment in the
  reformulated gasoline final regulations. Specifically, only refiners that
  will not produce reformulated gasoline and that meet the 1990 JP-4 to
  gasoline production ratio are allowed to make a JP-4 baseline adjustment. The
  Agency is amending the requirement stipulating that each refinery of
  multiple-refineries produced JP-4 in 1990 because, essentially, the same
  environmental impact and economic hardship is expected regardless of whether
  a single refinery or all refineries of a multiple-refinery produced JP-4.

  2. JP-4 Baseline Adjustment Ratio

    The final reformulated gasoline rule promulgated baseline adjustment
  provisions which stipulate that 1990 JP-4 production must have constituted a
  specified portion of a refiner's 1990 fuel production in order for a
  significant enough burden to exist to justify permiting baseline adjustments.
  Additionally, a baseline is neither unrepresentative of 1990, nor
  incalculable, because of post-1990 changes in crude availability, fuel
  specifications, fuel markets, etc. EPA is permitting baseline adjustments for
  certain refiners which produced JP-4 jet fuel in 1990 because, as discussed
  in the Regulatory Impact Analysis for the reformulated gasoline final rule,
  EPA believes that it has a limited authority to allow such adjustments in
  certain extreme cases. The final reformulated gasoline regulations require
  that the ratio of the refinery's 1990 JP-4 production to its 1990 gasoline
  production equal or exceed 0.5.
    Upon further evaluation of the baseline adjustment provisions, the Agency
  has concluded that the JP-4 to gasoline production ratio, as promulgated in
  the RFG final rule (0.5), is unnecessarily restrictive. Based on responses
  from affected refiners, under the December 1993 criteria only two refiners in
  the United States would likely qualify for the adjustment. In other words,
  very few refiners under contract to produce JP-4 will have the relief
  intended by the provision. Today's action alters the refiner's 1990 JP-4
  production to 1990 gasoline production ratio from 0.5 to 0.2. EPA believes
  this revised ratio indicates that a significant amount of the refinery
  feedstock used for JP-4 production would have to be converted in order to
  produce gasoline. Altering the JP-4 to gasoline production ratio will allow
  additional small refiners to qualify for the adjustment and not be forced to
  operate from a drastically less competitive position or be driven out of
  business. Based on feedback EPA has received, changing the ratio from 0.5 to
  0.2 raises the number of affected refiners from 2 to 6. If large refineries
  had such a ratio also, the regulatory burden would be just as great. Also, it
  would be more difficult to argue de minimis environmental impact for large
  refiners. In reality none do, such that the ratio is only an issue for small
  refiners.
    Several different ratio options were suggested by commenters during the
  reformulated gasoline rulemaking as to what minimum portion of a refinery's
  1990 production JP-4 should have constituted for the circumstance to be
  extenuating, as follows: JP-4 production to total refinery production, 20%;
  JP-4 production to gasoline production, 5%; JP-4 production to gasoline
  production, 75%; and, JP-4 production to gasoline plus JP-4 production, 10%.
  EPA's 0.2 JP-4 to gasoline ratio is in line with some of the commenters
  suggestions.
    At less than a 1990 JP-4 to gasoline production ratio of 0.2, EPA believes
  the impact on benzene and aromatics may make it more costly for refiners to
  comply with the regulations, though it is unlikely that such refiners will be
  forced out of business or experience some similar extreme burden. For
  example, it is expected that no economic hardship will occur at a JP-4 to
  gasoline ratio of 0.1. Thus, the Agency discretion recognized in Alabama /9/
  to grant variances or even dispensation from a rule where imposition of the
  requirement would result in minimal environmental benefit but would extremely
  burden a regulated party, would not apply.
    Note /9/ Alabama Power Company vs. Costle, 636 F.2d 323.357 (D.C. Cir
  1979).

    While the adjusted emission baselines of those approved for both amended
  JP-4 adjustments are likely to be higher than their actual 1990 baselines
  (primarily due to increased benzene and aromatics) EPA expects minimal
  negative environmental affects. First, the number of refineries meeting the
  criteria is still expected to be quite small. Second, the total production of
  all such refineries is also small. Thus, not very much additional gasoline
  will be affected by any baseline adjustments for JP-4 than if the criteria
  were less stringent or adjustments were not allowed at all. The modification
  of the multi-refinery requirement and the reduction of the ratio requirement
  to 0.2 both provide necessary flexibility to refiners and allow additional
  refiners (that are simultaneously burdened by the JP-4 phaseout and the anti-
  dumping provisions) regulatory relief.
    As stated in the Regulatory Impact Analysis (RIA) for the reformulated
  gasoline final rule, JP-4 baseline adjustments will be allowed only for those
  refiners which will not produce reformulated gasoline, which is the most
  critical factor in assessing environmental impact. While the anti-dumping
  requirements, in general, apply to all conventional gasoline whether or not
  reformulated gasoline is also produced, in these specific cases no dumping
  will occur due to reformulated gasoline production. The intent of Congress
  with regard to the anti-dumping program will be met while not unduly
  burdening those that meet the specified criteria. Since both the unadjusted
  and adjusted baselines must be determined, if a refiner granted such an
  adjustment subsequently produces reformulated gasoline, its conventional
  gasoline compliance would immediately be subject to its original unadjusted
  baseline.

  VII. Public Participation and Effective Date

    The Agency is publishing this action as a direct final rule because it
  views the changes contained within as non-controversial and anticipates no
  adverse or critical comments. This action will be effective September 19,
  1994 unless the Agency receives notice by August 19, 1994 that adverse or
  critical comments will be submitted, or that a party requests the opportunity
  to submit such oral comments pursuant to section 307(d)(5) of the Clean Air
  Act, as amended. If such notice is received regarding a change to a
  particular regulatory provision, the provision in question will be withdrawn
  before the effective date by publishing a subsequent Federal Register notice
  withdrawing the direct final rule for the identified provision.
    Parties that submit adverse or critical comments, notify EPA of intentions
  to submit such comments, or request a public hearing within the allotted time
  period should identify the specific provision(s) at issue by specifying the
  preamble section numbers that discuss the provision(s). For instance,
  comments on the change to the oxygen valid range limits should include a
  reference to Section (Item Number) II.A.1 of the preamble. Comments on any of
  the insubstantial errors in Section I of the preamble should include a
  reference to the identification code associated with each change in that
  section. For instance, adverse comments on the paragraph reference change in
  Sec. 80.41(h)(2)(iii) should include a reference to Item Number I-A.
    The EPA will withdraw from final action only those specific provision(s)
  identified by the commenters or persons who notify EPA of their intent to
  comment or who request an opportunity to submit oral comments. All provisions
  in today's action that are not commented upon or for which EPA does not
  receive notice as described above will become effective September 19, 1994.

  VIII. Statutory Authority

    The statutory authority for the actions finalized today is granted to EPA
  by Sections 114, 211 (c) and (k) and 301 of the Clean Air Act, as amended; 42
  U.S.C. 7414, 7545 (c) and (k), and 7601.

  IX. Administrative Designation

    Pursuant to Executive Order 12866, (58 FR 51735 (October 4, 1993)) the
  Agency must determine whether the regulatory action is "significant" and
  therefore subject to OMB review and the requirements of the Executive Order.
  The Order defines "significant regulatory action" as one that is likely to
  result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or
  adversely affect in a material way the economy, a sector of the economy,
  productivity, competition, jobs, the environment, public health or safety, or
  State, local, or tribal governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an action
  taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, user
  fees, or loan programs or the rights and obligations of recipients thereof;
  or
    (4) Raise novel legal or policy issues arising out of legal mandates, the
  President's priorities, or the principles set forth in the Executive Order.
    Pursuant to the terms of Executive Order 12866, it has been determined that
  this direct rule is not a "significant regulatory action".

  X. Regulatory Flexibility Analysis

    The Regulatory Flexibility Act (RFA) of 1980 requires federal agencies to
  examine the effects of the renewable oxygenate regulation and to identify
  significant adverse impacts of federal regulations on a substantial number of
  small entities. Because the RFA does not provide concrete definitions of
  "small entity," "significant impact," or "substantial number," EPA has
  established guidelines setting the standards to be used in evaluating impacts
  on small businesses./10/ For purposes of the renewable oxygenate requirement
  for reformulated gasoline, a small entity is any business which is
  independently owned and operated and not dominant in its field as defined by
  SBA regulations under section 3 of the Small Business Act.
    Note /10/ U.S. Environmental Protection Agency, Memorandum to Assistant
  Administrators, "Compliance with the Regulatory Flexibility Act," EPA Office
  of Policy, Planning, and Evaluation, 1984. In addition, U.S. Environmental
  Protection Agency, Memorandum to Assistant Administrators, "Agency's Revised
  Guidelines for Implementing the Regulatory Flexibility Act," Office of
  Policy, Planning, and Evaluation, 1992.

    The Agency believes that the interpretations, clarifications, and
  corrections published in today's final action are unlikely to have a
  significant economic impact on a substantial number of small entities. In
  fact, the revisions contained herein are designed to promote successful
  implementation of the reformulated gasoline program for all regulated
  parties.

  List of Subjects in 40 CFR Part 80

    Environmental protection, Air pollution control, Fuel additives, Gasoline,
  and Motor vehicle pollution.

    Dated: June 27, 1994.

  Carol M. Browner,

  Administrator.

    40 CFR part 80 is amended as follows:

  PART 80--REGULATION OF FUELS AND FUEL ADDITIVES

    1. The authority citation for part 80 continues to read as follows:

    Authority: Sections 114, 211 and 301(a) of the Clean Air Act as amended (42
  U.S.C. 7414, 7545 and 7601(a)).

    2. In Sec. 80.41, paragraphs (h)(2)(iii), (j)(2), and the introductory text
  to paragraph (m)(1) are revised to read as follows:

  Sec. 80.41  Standards and requirements for compliance.

  * * * * *

    (h)  *  *  *
    (2)  *  *  *
    (iii) In the case of a refiner that operates more than one refinery, the
  standards specified under this paragraph (h)(2) shall be met using the
  refinery grouping selected by the refiner under Sec. 80.101(h).

  * * * * *

    (j)  *  *  *
    (2) The aromatics value which, together with the values for benzene, RVP,
  and oxygen determined under paragraph (j)(1) of this section, meets the
  Simple Model toxics requirement specified in paragraphs (a) or (b) of this
  section, as applicable;

  * * * * *

    (m)  *  *  *
    (1) On each occasion that a covered area fails a NOX emissions reduction
  survey conducted pursuant to Sec. 80.68, except in the case of Phase II
  complex model NOX standards for VOC-controlled gasoline, the NOX emissions
  reduction requirements for that covered area beginning in the year following
  the failure shall be adjusted to be more stringent as follows:

  * * * * *

    3. Section 80.42 is amended by revising definitions "EXHVOCS1" through
  "REFVOCS2" in paragraph (a) introductory text; by adding a concluding
  sentence to paragraphs (b)(1)(ii), (b)(2)(ii), and (b)(3)(ii), and adding
  paragraph (b)(4); and by revising the table in paragraph (c)(1) to read as
  follows:

  Sec. 80.42  Simple emissions model.

    (a)  *  *  *

  EXHVOCS1=Exhaust nonmethane, nonethane VOC emissions from the fuel in
      question, in grams per mile, for VOC control region 1 during the summer
      period.
  EXHVOCS2=Exhaust nonmethane, nonethane VOC emissions from the fuel in
      question, in grams per mile, for VOC control region 2 during the summer
      period.
  EXHVOCW=Exhaust nonmethane, nonethane VOC emissions from the fuel in
      question, in grams per mile, during the winter period.
  EVPVOCS1=Evaporative nonmethane, nonethane VOC emissions from the fuel in
      question, in grams per mile, for VOC control region 1 during the summer
      period.
  EVPVOCS2=Evaporative nonmethane, nonethane VOC emissions from the fuel in
      question, in grams per mile, for VOC control region 2 during the summer
      period.
  RLVOCS1=Running loss nonmethane, nonethane VOC emissions from the fuel in
      question, in grams per mile, for VOC control region 1 during the summer
      period.
  RLVOCS2=Running loss nonmethane, nonethane VOC emissions from the fuel in
      question, in grams per mile, for VOC control region 2 during the summer
      period.
  REFVOCS1=Refueling nonmethane, nonethane VOC emissions from the fuel in
      question, in grams per mile, for VOC control region 1 during the summer
      period.
  REFVOCS2=Refueling nonmethane, nonethane VOC emissions from the fuel in
      question, in grams per mile, for VOC control region 2 during the summer
      period.

  * * * * *

    (b) *  *  *
    (1) *  *  *
    (ii) *  *  * Oxygen in the form of methanol or non-alcohol, non-ether
  oxygenates shall not be evaluated with the Simple Model, but instead must be
  evaluated through vehicle testing under the Complex Model per Sec. 80.48.

  * * * * *

    (2) *  *  *
    (ii) *  *  * Oxygen in the form of methanol or non-alcohol, non-ether
  oxygenates shall not be evaluated with the Simple Model, but instead must be
  evaluated through vehicle testing under the Complex Model per Sec. 80.48.

  * * * * *

    (3) *  *  *
    (ii) *  *  * Oxygen in the form of methanol or non-alcohol, non-ether
  oxygenates shall not be evaluated with the Simple Model, but instead must be
  evaluated through vehicle testing under the Complex Model per Sec. 80.48.
    (4) If the fuel aromatics content of the fuel in question is less than 10
  volume percent, then an FAROM value of 10 volume percent shall be used when
  evaluating the toxics emissions equations given in paragraphs (b)(1), (b)(2),
  and (b)(3) of this section.
    (c) * * *
    (1) * * *

                          Fuel parameter       Range

                         Benzene content    0-4.9 vol %.
                         RVP                6.4-9.0 psi.
                         Oxygen content     0-4.0 wt %.
                         Aromatics content  0-55 vol %.

  * * * * *

    4. Section 80.45 is amended by:
    a. revising Table 3 in paragraph (b)(3);
    b. revising Table 6 in (c)(1)(iv)(A);
    c. revising the first sentence and the equations for Phase I and II in
  paragraph (c)(1)(iv)(B), and revising
    (c)(1)(iv)(C)(5);
    d. revising the second sentence in paragraph (c)(1)(iv)(C)(9);
    e. revising paragraphs (c)(1)(iv)(C)(11) and (12);
    f. revising the first sentence in paragraph (c)(1)(iv)(C)(13) and revising
  paragraph (c)(1)(iv)(C)(14);
    g. revising paragraph (c)(1)(iv)(D)(5), revising the second sentence in
  paragraph (c)(1)(iv)(D)(9), and revising paragraphs (c)(1)(iv)(D)(11) and
  (12);
    h. revising the first sentence in paragraph (c)(1)(iv)(D)(13), and revising
  paragraph (c)(1)(iv)(D)(14);
    i. revising the equation for VOCRL1 in paragraph (c)(3)(i);
    j. revising the equations for VOCHS1 and VOCRF1 in paragraph (c)(3)(ii);
    k. revising the equation for VOCRL2 in paragraph (c)(4)(ii), and revising
  paragraph (c)(8)(ii);
    l. revising paragraph (d)(1)(iv)(A) and Table 7, revising the first
  sentence and the equations for Phase I and II in paragraph (d)(1)(iv)(B),
  revising paragraph (d)(1)(iv)(C)(5), and revising the second sentence in
  paragraph (d)(1)(iv)(C)(9);
    m. revising the Phase I equation for "Toxics 2%" and the Phase II equation
  for "Toxics 1%" in paragraph (e)(1)(ii);
    n. revising paragraph (e)(3) introductory text and removing paragraphs
  (e)(3)(i) and (e)(3)(ii);
    o. revising the last sentence in paragraph (e)(4)(iii);
    p. adding a concluding sentence to paragraphs (e)(5)(iv) and (e)(6)(iv);
    q. revising equations "HSBZ1" through "RFBZ1" in paragraph (e)(9) and
  equations "HSBZ2" through "RFBZ2" in paragraph (e)(10); and
    r. revising paragraph (f)(1).
    The additions and revisions are set out to read as follows:

  Sec. 80.45  Complex emissions model.

  * * * * *

    (b) * * *
    (3) * * *

                      Table 3.--Baseline Exhaust Emissions

                                    Phase I         Phase II

                                 Summer  Winter  Summer  Winter
                     Exhaust      (mg/    (mg/    (mg/    (mg/
                    pollutant    mile)   mile)   mile)   mile)

                  VOC             446.0   660.0   907.0  1341.0
                  NOx             660.0   750.0  1340.0  1540.0
                  Benzene         26.10   37.57   53.54   77.62
                  Acetaldehyde     2.19    3.57    4.44    7.25
                  Formaldehyde     4.85    7.73    9.70   15.34
                  1,3-Butadiene    4.31    7.27    9.38   15.84
                  POM              1.50    2.21    3.04    4.50

  * * * * *

    (c) * * *
    (1) * * *
    (iv) * * *
    (A) * * *

                  Table 6.--Allowable Ranges of E200, E300, and
                 ARO for the Exhaust VOC Equations in Paragraphs
                        (c)(1)(i) and (ii) of This Section

                                Phase I             Phase II

                  Fuel     Lower    Higher     Lower
                parameter  limit     limit     limit  Higher limit

                E200       33.00  65.83        33.00  65.52
                E300       72.00  Variable/1/  72.00  Variable /2/
                ARO        18.00  46.00        18.00  46.00

                /1/ Higher E300 limit=lower of 94.0 or
                80.32+[0.390x(ARO)].

                /2/ Higher E300 limit=lower of 94.0 or
                79.75+[0.385x(ARO)].

    (B) For fuels with E200, E300, and/or ARO levels outside the ranges defined
  in Table 6, YVOC(t) shall be defined as: For Phase I:
  YVOC(t)=100%x0.52x[exp(v1(et))/exp(v1(b))-1]
    +100%x0.48x[exp(v2(et))/exp(v2(b))-1]
    +{100%-0.52x[exp(v1(et))/exp(v1(b))]
    x{[(0.0002144xE200et)- 0.014470]xDE200}
    +{[(0.0008174xE300et)-0.068624
    -(0.000348xAROet)]xDE300}
    +{[(-0.000348xE300et)+ 0.0323712]xDARO}]}
    +{100%x0.48x[exp(v2(et))/exp(v2(b))]
    x[{[(0.000212xE200et)- 0.01350]xDE200}
    +{[(0.000816xE300et)-0.06233
    -(0.00029xAROet)]xDE300}
    +{[(-0.00029xE300et)+ 0.028204]xDARO}]}
  For Phase II:

  Y VOC(t)=100%x0.444x[exp(v1(et))/exp(v1(b))-1]
    +100%x0.556x[exp(v2(et))/exp(v2(b))-1]
    +{100%x0.444x[exp(v1(et))/exp(v1(b))]
    x[{[(0.0002144xE200et)- 0.014470]xDE200}
    +{[(0.0008174xE300et)-0.068624
    -(0.000348xAROet)]xDE300}
    +{[(-0.000348xE300et)+ 0.0323712]xDARO}]}
    +{100%x0.556x[exp(v2(et))/exp(v2(b))]
    x[{[(0.000212xE200et)- 0.01350]]xDE200}
    +{[(0.000816xE300et)-0.06233
    -(0.00029xAROet)]xDE300}
    +{[(-0.00029xE300et)+ 0.028204]xDARO}]}

  * * * * *

    (C) * * *
    (5) If the E300 level of the target fuel is greater than 95 volume percent,
  then the E300 value of the target fuel shall be set equal to 95 volume
  percent for the purposes of calculating VOC emissions with the Phase I
  equation given in paragraph (c)(1)(iv)(B) of this section.

  * * * * *

    (9) * * * If the aromatics level of the target fuel is less than 10 volume
  percent, then DARO shall be set equal to -8 volume percent.

  * * * * *

    (11) If neither of the conditions established in paragraphs
  (c)(1)(iv)(C)(9) and (10) of this section are met, then DARO shall be set
  equal to zero.
    (12) If the E300 level of the target fuel is less than 72 percent, then
  DE300 shall be set equal to (E300-72 percent).
    (13) If the E300 level of the target fuel is greater than 94 volume percent
  and [80.32+(0.390xARO)] also is greater than 94, then DE300 shall be set
  equal to (E300-94 volume percent).* * *
    (14) If neither of the conditions established in paragraphs
  (c)(1)(iv)(C)(12) and (13) of this section are met, then DE300 shall be set
  equal to zero.
    (D) * * *
    (5) If the E300 level of the target fuel is greater than 95 volume percent,
  then the E300 value of the target fuel shall be set equal to 95 volume
  percent for the purposes of calculating VOC emissions with the Phase II
  equation given in paragraph (c)(1)(iv)(B) of this section.

  * * * * *

    (9) * * * If the aromatics level of the target fuel is less than 10 volume
  percent, then DARO shall be set equal to -8 volume percent.

  * * * * *

    (11) If neither of the conditions established in paragraphs
  (c)(1)(iv)(D)(9) and (10) of this section are met, then DARO shall be set
  equal to zero.
    (12) If the E300 level of the target fuel is less than 72 percent, then
  DE300 shall be set equal to (E300)x72 percent).
    (13) If the E300 level of the target fuel is greater than 94 volume percent
  and [80.32+(0.390xARO)] also is greater than 94, then DE300 shall be set
  equal to (E300 -94 volume percent). * * *
    (14) If neither of the conditions established in paragraphs
  (c)(1)(iv)(D)(12) and (13) of this section are met, then DE300 shall be set
  equal to zero.

  * * * * *

    (3) * * *
    (i) * * *

  VOCRL1=[0.00279 x (RVP2)]+[0.1096 x RVP] -0.7340

  * * * * *

    (ii) * * *

  VOCHS1=[0.006654 x (RVP2)] -[0.08094 x RVP]+0.2846

  * * * * *

  VOCRF1=[0.004767 x RVP]+0.011859

    (4) * * *
    (ii) * * *

  VOCRL2=[0.016169 x (RVP2)] -[0.17206 x RVP]+0.56724

  * * * * *

    (8) * * *
    (ii) The total winter VOC emissions performance of the target fuel in
  percentage terms from baseline levels shall be given by the following
  equation during Phase II:

  VOCW%=[100% x (VOC -1.341 g/mi)] / (1.341 g/mi)

    (d) * * *
    (1) * * *
    (iv) * * *
    (A) The equations in paragraphs (d)(1)(i) and (ii) of this section shall be
  used within the allowable range of SUL, OLE, and ARO for the appropriate
  Phase, as defined in the following Table 7:

                     Table 7.--Allowable Ranges of SUL, OLE,
                        and ARO for the NOX Equations in
                      Paragraphs/(d)(1)(i) and (ii) of This
                                     Section

                                    Phase I     Phase II

                         Fuel     Low   High   Low   High
                       parameter  end    end   end    end

                       SUL        10.0  450.0  10.0  450.0
                       OLE        3.77   19.0  3.77   19.0
                       ARO        18.0   36.2  18.0   36.8

    (B) For fuels with SUL, OLE, and/or ARO levels outside the ranges defined
  in Table 7 of paragraph (d)(2)(iv)(A) of this section, Ynox(t) shall be
  defined as:

  For Phase I:

  YNOX (t)=100% x 0.82 x [exp (n1(et))/exp (n1(b)) -1]
    +100% x 0.18 x [exp(n2(et))/exp(n2(b)) -1]
    +{100% x 0.82 x [exp(n1(et))/exp(n1(b))]
     x [{[(0.00000133 x SULet)+0.000692] x DSUL}
    +{[(-0.000238 x AROet)+0.0083632] x DARO}
    +{[(0.000733 x OLEet) -0.002774] x DOLE}]}
    +{100% x 0.18 x [exp(n2{et))/exp(n2(b))]
     x [{0.000252 x DSUL} +
    +{[(-0.0001599 x AROet)+0.007097] x DARO}
    +{[(0.000732 x OLEet) -0.00276] x DOLE}]}
  For Phase II:

  Ynox(t)=100% x 0.738 x [exp(n1(et))/exp(n1(b)) -1]
    +100% x 0.262 x [exp(n2(et))/exp(n2(b)) -1]
    +{100% x 0.738 x [exp(n1(et))/exp(n1(b))]
     x [{[(-0.00000133 x SULet)+0.000692] x DSUL}
    +{[(-0.000238 x AROet)+0.0083632] x DARO}
    +{[(0.000733 x OLEet) -0.002774] x DOLE}]}
    +{100% x 0.262 x [exp(n2(et))/exp(n2(b))]
     x [{0.000252 x DSUL}+
    +{[(-0.0001599 x AROet)+0.007097] x DARO}
    +{[(0.000732 x OLEet) -0.00276] x DOLE}]}

  * * * * *

    (C) * * *
    (5) If the E300 level of the target fuel is greater than 95 volume percent,
  then the E300 value of the target fuel shall be set equal to 95 volume
  percent for the purposes of calculating NOX emissions with the equations
  given in paragraph (d)(1)(iv)(B) of this section.

  * * * * *

    (9) * * * If the aromatics level of the target fuel is less than 10 volume
  percent, then DARO shall be set equal to -8 volume percent.

  * * * * *

    (e) * * *
    (1) * * *
    (ii) * * *

  TOXICS2% = [100% x (TOXICS2 - 47.58 mg/mi)] / (47.58 mg/mi)

  * * * * *

  TOXICS1% = [100% x (TOXICS1 - 86.34 mg/mi)] / (86.34 mg/mi)

  * * * * *

    (3) The year-round toxics performance in VOC Control Regions 1 and 2 shall
  be derived from volume-weighted performances of individual batches of fuel as
  described in Sec. 80.67(g).
    (4) * * *
    (iii) * * * If the E300 value of the target fuel is greater than 95 volume
  percent, then an E300 value of 95 volume percent shall be used when
  evaluating the equations in paragraphs (e)(4)(i) and (ii) of this section.
    (5) * * *
    (iv) * * * Oxygen in the form of methanol or non-alcohol, non-ether
  oxygenates shall not be evaluated with the Complex Model, but instead must be
  evaluated through vehicle testing per Sec. 80.48.
    (6) * * *
    (iv) * * * Oxygen in the form of methanol or non-alcohol, non-ether
  oxygenates shall not be evaluated with the Complex Model, but instead must be
  evaluated through vehicle testing per Sec. 80.48.

  * * * * *

    (9) * * *

  HSBZ1 = 10 x BEN x VOCHS1 x [(-0.0342 x MTB) + (-0.080274 x RVP) + 1.4448]
  DIBZ1 = 10 x BEN x VOCD11 x [(-0.0290 x MTB) + (-0.080274 x RVP) + 1.3758]
  RLBZ1 = 10 x BEN x VOCRL1 x [(-0.0342 x MTB) + (-0.080274 x RVP) + 1.4448]
  RFBZ1 = 10 x BEN x VOCRF1 x [(-0.0296 x MTB) + (-0.081507 x RVP) + 1.3972

  * * * * *

    (10) * * *
  HSBZ2 = 10 x BEN x VOCHS2 x [(-0.0342 x MTB) + (-0.080274 x RVP) + 1.4448]
  DIBZ2 = 10 x BEN x VOCD12 x [(-0.0290 x MTB) + (-0.080274 x RVP) + 1.3758]
  RLBZ2 = 10 x BEN x VOCRL2 x [(-0.0342 x MTB) + (-0.080274 x RVP) + 1.4448]
  RFBZ2 = 10 x BEN x VOCRF2 x [(-0.0296 x MTB) + (-0.081507 x RVP) + 1.3972

  * * * * *

    (f) * * *
    (1) The equations described in paragraphs (c), (d), and (e) of this section
  shall be valid only for fuels with fuel properties that fall in the following
  ranges for reformulated gasolines and conventional gasolines:
    (i) For reformulated gasolines:

                  Fuel
                property              Acceptable range

                Oxygen     0.0-4.0 weight percent.
                Sulfur     0.0-500.0 parts per million by weight.
                RVP        6.4-10.0 pounds per square inch.
                E200       30.0-70.0 percent evaporated.
                E300       70.0-100.0 percent evaporated.
                Aromatics  0.0-50.0 volume percent.
                Olefins    0.0-25.0 volume percent.
                Benzene    0.0-2.0 volume percent.

    For conventional gasoline:

                  Fuel
                property              Acceptable range

                Oxygen     0.0-4.0 weight percent.
                Sulfur     0.0-1000.0 parts per million by weight.
                RVP        6.4-11.0 pounds per square inch.
                E200       30.0-70.0 percent evaporated.
                E300       70.0-100.0 percent evaporated.
                Aromatics  0.0-550 volume percent.
                Olefins    0.0-30.0 volume percent.
                Benzene    0.0-4.9 volume percent.

  * * * * *

    5. Section 80.46 is amended by revising the table in paragraph
  (f)(1)(ii)(K) to read as follows:

  Sec. 80.46  Measurement of reformulated gasoline fuel parameters.

  * * * * *

    (f) * * *
    (1) * * *
    (ii) * * *
    (K) * * *

                                                                        Boiling
                             Concentration                   Retention  point,
          Compound             (percent)     CAS No.    AMU    time      deg.C

  Benzene                    2.25 vol          71-43-2   78  18.9 min      80.1
  Methylbenzene              10.0 vol         108-88-3   91  25.5 min       111
  Ethylbenzene               5.0 vol          100-41-4   91  34.1 min     136.2
  1,3-Dimethylbenzene        5 vol            108-38-3   91  35.1 min   136-138
  1,4-Dimethylbenzene                         106-42-3
  1,2-dimethylbenzene        10 vol            95-47-6   91  38.1 min       144
  (1-methylethyl)-benzene    2.25 vol          98-82-8  105  42.8 min
  Propylbenzene              2.25 vol         103-65-1   91  48.0 min     159.2
  1-ethyl-2-methylbenzene    2.25 vol         611-14-3  105  49.3 min       165
  1,2,4-trimethylbenzene     2.25 vol          95-63-6  105  50.9 min       169
  1,2,3-trimethylbenzene     2.25 vol         526-73-8  105  53.3 min
  1,3-diethylbenzene         2.25 vol         141-93-5  119  56.6 min       181
  Butylbenzene               2.25 vol         104-51-8   91  60.7 min       183
  o-Cymene                   2.25 vol         527-84-4  119  63.9 min
  1-ethyl-3-methylbenzene    2.25 vol         620-14-4  105  64.2 min
  m-Cymene                   2.25 vol         535-77-3  119  69.0 min
  p-Cymene                   2.25 vol          99-87-6  119  73.0 min
  Isobutylbenzene            2.25 vol         538-93-2   91  75.0 min
  Indan                      2.25 vol         496-11-7  117  50.0 min
  1-methyl-3-propylbenzene   2.25 vol        1074-43-7  105  78.9 min
  2-ethyl-1,4-
   dimethylbenzene           2.25 vol        1758-88-9  119  83.2 min       187
  1,2,4,5-
   tetramethylbenzene        2.25 vol          95-93-2  119  83.4 min
  1-ethyl-2,4-
   dimethylbenzene           2.25 vol         874-41-9  119  85.7 min
  (1,1-dimethylethyl)-3-
   methylbenzene             2.25 vol       27138-21-2  133  87.3 min
  1-ethyl-2,3-
   dimethylbenzene           2.25 vol         933-98-2  119  88.7 min
  1-ethyl-1,4-
   dimethylbenzene           2.25 vol         874-41-9  119  94.9 min
  2-ethyl-1,3-
   dimethylbenzene           2.25 vol        2870-04-4  119  100.9 min
  1-ethyl-3,5-
   dimethylbenzene           2.25 vol         934-74-7  119  102.5 min
  1,2,3,5-
   tetramethylbenzene        2.25 vol         527-53-7  119  115.9 min
  Pentylbenzene              2.25 vol         538-68-1   91  116 min
  Naphthalene                2.25 vol         191-20-3  128  118.4 min      198
  3,5-dimethyl-t-
   butylbenzene              2.25 vol          98-19-1  147  118.5 min    205.3
  1-methylnaphthalene        2.25 vol          90-12-0  142  129.0 min
  2-methylnaphthalene        2.25 vol          91-57-6  142  131.0 min

  * * * * *

    6. In Sec. 80.48, paragraph (c)(1) introductory text is revised, the last
  sentence in paragraph (c)(1)(v) is revised, a concluding sentence is added to
  paragraph (c)(2)(iii), and paragraph (g) is revised to read as follows:

  Sec. 80.48  Augmentation of the complex emission model by vehicle testing.

  * * * * *

    (c) * * *
    (1) The analysis shall fit a regression model to the natural logarithm of
  emissions measured from addition fuels 1, 2, and 3 only (as specified at Sec.
  80.49(a) and adjusted as per paragraph (c)(1)(iv) of this section and Sec.
  80.49(d)) that includes the following terms:

  * * * * *

    (v) * * * If, after dropping the Bi term and re-estimating the model, the
  Ai term does not satisfy these criteria, then both terms shall be dropped,
  all test data shall be reported to EPA, and the augmentation request shall be
  denied.
    (2) * * *
    (iii) * * * The Administrator shall make available upon request existing
  complex model terms and coefficients in centered form.

  * * * * *

    (g) EPA reserves the right to analyze the data generated during vehicle
  testing, to use such analyses to determine the validity of other augmentation
  petitions, and to use such data to update the complex model for use in
  certifying all reformulated gasolines.

  * * * * *

    7. In Sec. 80.49, the table in paragraph (a)(5)(i) is revised, and
  paragraph (b)(3)(iii) is revised to read as follows:

  Sec. 80.49   Fuels to be used in augmenting the complex emission model
  through vehicle testing.

    (a) * * *
    (5) * * *
    (i) * * *

        Fuel parameter                     Measurement uncertainty

  API gravity                  +/- 0.2  deg.API
  Sulfur content               +/- 10 ppm
  Benzene content              +/- 0.02 vol %
  RVP                          +/- 0.05 psi
  Octane                       +/- 0.2 (R+M/2)
  E200 level                   +/- 2 %
  E300 level                   +/- 2 %
  Oxygenate content            +/- 0.2 vol %
  Aromatics content            +/- 0.5 vol %
  Olefins content              +/- 0.3 vol %
  Saturates content            +/- 1.0 vol %
  Detergent control Additives  +/- 2% of the level required by EPA's detergents
                                rule.

  * * * * *

    (b) * * *
    (3) * * *
    (iii) All other parameters shall be present at the levels specified in
  paragraph (b)(2)(ii) of this section.

  * * * * *

    8. In Sec. 80.59, the last sentence in paragraph (a) is revised to read as
  follows:

  Sec. 80.59   General test fleet requirements for vehicle testing.

    (a) * * * To be technologically equivalent vehicles at minimum must have
  closed-loop systems and possess adaptive learning.

  * * * * *

    9. Section 80.65 is amended by revising paragraphs (d)(2)(iii),
  (d)(2)(v)(B), (d)(2)(vi), (d)(3), the third sentence of (e)(1), the table in
  (e)(2)(i), paragraph (e)(2)(ii)(A), (f)(4) introductory text, and paragraph
  (h) to read as follows:

  Sec. 80.65   General requirements for refiners, importers, and oxygenate
  blenders.

  * * * * *

    (d) * * *
    (2) * * *
    (iii) Reformulated gasoline (but not RBOB) must be designated either as
  oxygenated fuels program reformulated gasoline, or not oxygenated fuels
  program reformulated gasoline.
    (A) Gasoline must be designated as oxygenated fuels program reformulated
  gasoline if such gasoline:
    (1) Has an oxygen content that is greater than or equal to 2.0 weight
  percent; and
    (2) Arrives at a terminal from which gasoline is dispensed into trucks used
  to deliver gasoline to an oxygenated fuels control area within five days
  prior to the beginning of the oxygenated fuels control period for that
  control area.
    (B) Gasoline may be designated as oxygenated fuels program reformulated
  gasoline if such gasoline has an oxygen content that is greater than or equal
  to 2.0 weight percent, regardless of whether the gasoline is intended for use
  in any oxygenated fuels program control area during an oxygenated fuels
  program control period.

  * * * * *

    (v) * * *
    (B) NOX emissions performance in the case of gasoline certified using the
  complex model.

  * * * * *

    (vi) In the case of RBOB, as RBOB suitable for blending with:
    (A) Any oxygenate;
    (B) Ether only; or
    (C) Other specified oxygenate type(s) and amount(s).
    (3) Every batch of reformulated or conventional gasoline or RBOB produced
  or imported at each refinery or import facility, or each batch of blendstock
  produced and sold or transferred if blendstock accounting is required under
  Sec. 80.102(e), shall be assigned a number (the "batch number"), consisting
  of the EPA-assigned refiner, importer or oxygenate blender registration
  number, the EPA-assigned facility registration number, the last two digits of
  the year in which the batch was produced, and a unique number for the batch,
  beginning with the number one for the first batch produced or imported each
  calendar year and each subsequent batch during the calendar year being
  assigned the next sequential number (e.g., 4321-54321-95-000001, 4321-54321-
  95-000002, etc.).

  * * * * *

    (e) * * *
    (1) * * * A batch of simple model reformulated gasoline may be released by
  the refiner or importer prior to the receipt of the refiner's or importer's
  test results except for test results for oxygen and benzene, and RVP in the
  case of VOC-controlled gasoline.
    (2) * * *
    (i) * * *

                           Fuel property                  Range

               Sulfur content                          25 ppm
               Aromatics content                       2.7 vol %
               Olefins content                         2.5 vol %
               Benzene content                         0.21 vol %
               Ethanol content                         0.4 vol %
               Methanol content                        0.2 vol %
               MTBE (and other methyl ethers) content  0.6 vol %
               ETBE (and other ethyl ethers) content   0.6 vol %
               TAME                                    0.6 vol %
               t-Butanol content                       0.6 vol %
               RVP                                     0.3 psi
               50% distillation (T50)                  5 deg.F
               90% distillation (T90)                  5 deg.F
               E200                                    2.5 vol %
               E300                                    3.5 vol %
               API Gravity                             0.3 deg.API

    (ii) * * *
    (A) The larger of the two values for the property, except the smaller of
  the two results shall be used for oxygenates; or

  * * * * *

    (f) * * *
    (4) Any refiner that produces reformulated gasoline using computer-
  controlled in-line blending equipment is exempt from the independent sampling
  and testing requirements specified in paragraphs (f)(1) through (3) of this
  section and from the requirement of paragraph (e)(1) of this section to
  obtain test results for each batch prior to the gasoline leaving the
  refinery, provided that such refiner:

  * * * * *

    (h) Compliance audits. Any refiner and importer of any reformulated
  gasoline or RBOB, and any oxygenate blender of any RBOB who meets the oxygen
  standard on average, shall have the reformulated gasoline and RBOB it
  produced, imported, or blended during each calendar year audited for
  compliance with the requirements of this subpart D, in accordance with the
  requirements of subpart F, at the conclusion of each calendar year.

  * * * * *

    10. Section 80.66 is amended by revising paragraphs (g)(1) and (g)(2)(ii)
  to read as follows:

  Sec. 80.66  Calculation of reformulated gasoline properties.

  * * * * *

    (g)(1) Per gallon values for VOC and NOX emissions reduction shall be
  calculated using the methodology specified in Sec. 80.45 that is appropriate
  for the gasoline.
    (2) * * *
    (ii) For gasoline subject to the complex model, the methodology specified
  in Sec. 80.45 that is appropriate for the gasoline.

  * * * * *

    11. Section 80.68 is amended by:
    a. revising paragraphs (c)(8)(ii)(A), (c)(9)(ii)(A), (c)(9)(ii)(B),
  (c)(10)(i);
    b. redesignating paragraph (c)(12) as paragraph (c)(13), and removing the
  first two sentences in the newly redesignated (c)(13) introductory text;
    c. by adding a new paragraph (c)(12); and
    d. revising paragraphs (c)(13)(v)(G), (H) and (L).
    The additions and revisions are set out to read as follows:

  Sec. 80.68  Compliance surveys.

  * * * * *

    (c) * * *
    (8) * * *
    (ii) * * *
    (A) For each complex model sample from the survey series, the VOC emissions
  reduction percentage shall be determined based upon the tested parameter
  values for that sample and the appropriate methodology for calculating VOC
  emissions reduction at Sec. 80.45;

  * * * * *

    (9) * * *
    (ii) * * *
    (A) For each complex model sample from the survey series, the toxics
  emissions reduction percentage shall be determined based upon the tested
  parameter values for that sample and the appropriate methodology for
  calculating toxics emissions reduction at Sec. 80.45;
    (B) The annual average of the toxics emissions reduction percentages for
  all samples from a survey series shall be calculated according to the formula
  specified in paragraph (c)(9)(i)(B) of this section; and

  * * * * *

    (10) * * *
    (i) For each sample from the survey and survey series, the NOX emissions
  reduction percentage shall be determined based upon the tested parameter
  values for that sample and the appropriate methodology for calculating NOX
  emissions reduction at Sec. 80.45; and

  * * * * *

    (12) For any oxygen content survey series conducted in any covered area the
  average oxygen content for all samples from the survey series shall be
  calculated. If this annual average is less than 2.00 percent by weight, the
  covered area shall have failed an oxygen survey series.
    (13) * * *
    (v) * * *
    (G) The results of the analyses of simple model samples for oxygenate type
  and oxygen weight percent, benzene content, aromatic hydrocarbon content, and
  RVP, the calculated toxics emission reduction percentage, and for each survey
  conducted during the period June 1 through September 15 the VOC emissions
  reduction percentage calculated using the methodology specified in paragraph
  (c)(8)(i) of this section;
    (H) The results of the analyses of complex model samples for oxygenate type
  and oxygen weight percent, benzene, aromatic hydrocarbon, and olefin content,
  E-200, E-300, and RVP, the calculated NOX and toxics emissions reduction
  percentage, and for each survey conducted during the period June 1 through
  September 15 the calculated VOC emissions reduction percentage, except that
  beginning on January 1, 2000 NOX emissions reduction percentages must be
  reported only for surveys conducted outside the period June 1 through
  September 15;

  * * * * *

    (L) The average toxics emissions reduction percentage for simple model
  samples and the percentage for complex model samples, the average benzene and
  oxygen percentages, and for each survey conducted during the period June 1
  through September 15, the average VOC emissions reduction percentage for
  simple model samples and the percentage for complex model samples, the
  average NOX emissions reduction percentage for all complex model samples
  collected prior to January 1, 2000, and the average NOX emissions reduction
  percentage for samples collected outside the period June 1 through September
  15 beginning on January 1, 2000;

  * * * * *

    12. Section 80.69 is amended by revising paragraphs (a)(7)(ii) introductory
  text and (b)(3) to read as follows:

  Sec. 80.69  Requirements for downstream oxygenate blending.

  * * * * *

    (a) * * *
    (7) * * *
    (ii) In the event the test results for any sample indicate the gasoline
  does not comply with applicable standards (within the correlation ranges
  specified in Sec. 80.65(e)(2)(i)), the refiner or importer shall:

  * * * * *

    (b) * * *
     (3) Meet the standard requirements specified in Sec. 80.65(c) and Sec.
  80.67(f), the record keeping requirements specified in Sec. 80.74, and the
  reporting requirements specified in Sec. 80.75; and

  * * * * *

    13. Section 80.70 is amended by revising paragraphs (d)(3)(viii) and
  (d)(3)(ix), adding paragraphs (d)(3)(x) and (d)(3)(xi), by revising
  paragraphs (j)(4)(i), (j)(4)(ii), (j)(10)(iv), (j)(11)(i), and (j)(14)(xvii)
  and by removing paragraph (j)(15) to read as follows:

  Sec. 80.70  Covered areas.

  * * * * *

    (d) * * *
    (3) * * *
    (viii) Suffolk;
    (ix) Westchester;
    (x) Orange; and
    (xi) Putnam.

  * * * * *

    (j) * * *
    (4) * * *
    (i) Portion of Bullitt County described as follows:
    (A) Beginning at the intersection of Ky 1020 and the Jefferson-Bullitt
  County Line proceeding to the east along the county line to the intersection
  of county road 567 and the Jefferson-Bullitt County Line;
    (B) Proceeding south on county road 567 to the junction with Ky 1116 (also
  known as Zoneton Road);
    (C) Proceeding to the south on KY 1116 to the junction with Hebron Lane;
    (D) Proceeding to the south on Hebron Lane to Cedar Creek;
    (E) Proceeding south on Cedar Creek to the confluence of Floyds Fork
  turning southeast along a creek that meets Ky 44 at Stallings Cemetery;
    (F) Proceeding west along Ky 44 to the eastern most point in the
  Shepherdsville city limits;
    (G) Proceeding south along the Shepherdsville city limits to the Salt River
  and west to a point across the river from Mooney Lane;
    (H) Proceeding south along Mooney Lane to the junction of Ky 480;
    (I) Proceeding west on Ky 480 to the junction with Ky 2237;
    (J) Proceeding south on Ky 2237 to the junction with Ky 61 and proceeding
  north on Ky 61 to the junction with Ky 1494;
    (K) Proceeding south on Ky 1494 to the junction with the perimeter of the
  Fort Knox Military Reservation;
    (L) Proceeding north along the military reservation perimeter to Castleman
  Branch Road;
    (M) Proceeding north on Castleman Branch Road to Ky 44;
    (N) Proceeding a very short distance west on Ky 44 to a junction with Ky
  1020; and
    (O) Proceeding north on Ky 1020 to the beginning.
    (ii) Portion of Oldham County described as follows:
    (A) Beginning at the intersection of the Oldham-Jefferson County Line with
  the southbound lane of Interstate 71;
    (B) Proceeding to the northeast along the southbound lane of Interstate 71
  to the intersection of Ky 329 and the southbound lane of Interstate 71;
    (C) Proceeding to the northwest on Ky 329 to the intersection of Zaring
  Road on Ky 329;
    (D) Proceeding to the east-northeast on Zaring Road to the junction of
  Cedar Point Road and Zaring Road;
    (E) Proceeding to the north-northeast on Cedar Point Road to the junction
  of Ky 393 and Cedar Point Road;
    (F) Proceeding to the south-southeast on Ky 393 to the junction of county
  road 746 (the road on the north side of Reformatory Lake and the
  Reformatory);
    (G) Proceeding to the east-northeast on county road 746 to the junction
  with Dawkins Lane (also known as Saddlers Mill Road) and county road 746;
    (H) Proceeding to follow an electric power line east-northeast across from
  the junction of county road 746 and Dawkins Lane to the east-northeast across
  Ky 53 on to the La Grange Water Filtration Plant;
    (I) Proceeding on to the east-southeast along the power line then south
  across Fort Pickens Road to a power substation on Ky 146;
    (J) Proceeding along the power line south across Ky 146 and the Seaboard
  System Railroad track to adjoin the incorporated city limits of La Grange;
    (K) Then proceeding east then south along the La Grange city limits to a
  point abutting the north side of Ky 712;
    (L) Proceeding east-southeast on Ky 712 to the junction of Massie School
  Road and Ky 712;
    (M) Proceeding to the south-southwest and then north-northwest on Massie
  School Road to the junction of Ky 53 and Massie School Road;
    (N) Proceeding on Ky 53 to the north-northwest to the junction of Moody
  Lane and Ky 53;
    (O) Proceeding on Moody Lane to the south-southwest until meeting the city
  limits of La Grange;
    (P) Then briefly proceeding north following the La Grange city limits to
  the intersection of the northbound lane of Interstate 71 and the La Grange
  city limits;
    (Q) Proceeding southwest on the northbound lane of Interstate 71 until
  intersecting with the North Fork of Currys Fork;
    (R) Proceeding south-southwest beyond the confluence of Currys Fork to the
  south-southwest beyond the confluence of Floyds Fork continuing on to the
  Oldham-Jefferson County Line; and
    (S) Proceeding northwest along the Oldham-Jefferson County Line to the
  beginning.

  * * * * *

    (10) * * *
    (iv) The portion of Essex County that consists of the portion of Whiteface
  Mountain above 4,500 feet in elevation.

  * * * * *

    (11) * * *
    (i) Allegheny;

  * * * * *

    (14) * * *
    (xvii) Richmond;

  * * * * *

    14. Section 80.75 is amended by revising paragraphs (b), (f)(2)(ii)(A) (1),
  and (j) to read as follows:

  Sec. 80.75   Reporting requirements.

  * * * * *

    (b) Reports for gasoline or RBOB produced or imported under the simple
  model.
    (1) RVP averaging reports.
    (i) Any refiner or importer that produced or imported any reformulated
  gasoline or RBOB under the simple model that was to meet RVP standards on
  average ("averaged reformulated gasoline") shall submit to the Administrator,
  with the third quarterly report, a report for each refinery or importer for
  such averaged reformulated gasoline or RBOB produced or imported during the
  previous RVP averaging period. This information shall be reported separately
  for the following categories:
    (A) Gasoline or RBOB which is designated as VOC-controlled intended for
  areas in VOC-Control Region 1; and
    (B) Gasoline or RBOB which is designated as VOC-controlled intended for
  VOC-Control Region 2.
    (ii) The following information shall be reported:
    (A) The total volume of averaged reformulated gasoline or RBOB in gallons;
    (B) The compliance total value for RVP; and
    (C) The actual total value for RVP.
    (2) Sulfur, NOX and T90 averaging reports.
    (i) Any refiner or importer that produced or imported any reformulated
  gasoline or RBOB under the simple model shall submit to the Administrator,
  with the fourth quarterly report, a report for such reformulated gasoline or
  RBOB produced or imported during the previous year:
    (A) For each refinery or importer; or
    (B) In the case of refiners who operate more than one refinery, for each
  grouping of refineries as designated by the refiner pursuant to Sec.
  80.41(h)(2)(iii).
    (ii) The following information shall be reported:
    (A) The total volume of reformulated gasoline or RBOB in gallons;
    (B) The applicable sulfur content standard under Sec. 80.41(h)(2)(i) in
  parts per million;
    (C) The average sulfur content in parts per million;
    (D) The applicable olefin content standard under Sec. 80.41(h)(2)(i) in
  volume percent;
    (E) The average olefin content in volume percent;
    (F) The applicable T90 distillation point standard under Sec.
  80.41(h)(2)(i) in degrees Fahrenheit; and
    (G) The average T90 distillation point in degrees Fahrenheit.

  * * * * *

    (f) * * *
    (2) * * *
    (ii) * * *
    (A) * * *
    (1) Gasoline which is designated as VOC-controlled and oxygenated fuels
  program reformulated gasoline (OPRG);

  * * * * *

    (j) Additional reporting requirements for certain importers. In the case of
  any importer to whom different standards apply for gasoline imported at
  different facilities by operation of Sec. 80.41(q)(2), such importer shall
  submit separate reports for gasoline imported into facilities subject to
  different standards.

  * * * * *

    15. Section 80.76 is amended by revising paragraphs (c)(2), (c)(3)
  introductory text, (c)(3)(i), and (c)(3)(ii) to read as follows:

  Sec. 80.76   Registration of refiners, importers or oxygenate blenders.

  * * * * *

    (c) * * *
    (2) For each separate refinery and oxygenate blending facility, the
  facility name, physical location, contact name, telephone number, and type of
  facility; and
    (3) For each separate refinery and oxygenate blending facility, and for
  each importer's operations in a single PADD:
    (i) Whether records are kept on-site or off-site of the refinery or
  oxygenate blending facility, or in the case of importers, the registered
  address;
    (ii) If records are kept off-site, the primary off-site storage facility
  name, physical location, contact name, and telephone number; and

  * * * * *

    16. Section 80.77 is amended by revising paragraphs (g)(2)(iii),
  (g)(2)(iv)(A) and (B), adding paragraph (g)(3), and by revising paragraph (h)
  introductory text to read as follows:

  Sec. 80.77   Product transfer documentation.

  * * * * *

    (g) * * *
    (2) * * *
    (iii) In the case of VOC-controlled gasoline subject to the simple model
  standards, RVP;
    (iv) * * *
     (A) Prior to January 1, 1998, the NOx emissions performance minimum, and
  for VOC-controlled gasoline the VOC emissions performance minimum, in
  milligrams per mile; and
    (B) Beginning on January 1, 1998, the NOx emissions performance minimum,
  and for VOC-controlled gasoline the VOC emissions performance minimum; and
    (3) Identification of VOC-controlled reformulated gasoline or RBOB as
  gasoline or RBOB which contains ethanol, or which does not contain any
  ethanol.
    (h) Prior to January 1, 1998, in the case of reformulated gasoline or RBOB
  subject to the complex model standards:

  * * * * *

    17. Section 80.78 is amended by revising paragraphs (a)(1)(v) (B) and (C)
  to read as follows:

  Sec. 80.78   Controls and prohibitions on reformulated gasoline.

    (a) * * *
    (1) * * *
    (v) * * *
    (B) Unless each gallon of such gasoline that is subject to simple model
  standards has an RVP which is less than or equal to the applicable RVP
  maximum specified in Sec. 80.41;
    (C) Unless each gallon of such gasoline that is subject to complex model
  standards has a VOC and NOx emissions reduction percentage which is greater
  than or equal to the applicable minimum specified in Sec. 80.41.

  * * * * *

    18. Section 80.81 is amended by revising paragraphs (a)(2)(iii), (b)(4),
  and (h) to read as follows:

  Sec. 80.81   Enforcement exemptions for California gasoline.

    (a) * * *
    (2) * * *
    (iii) Is imported into the State of California from inside the United
  States and that is manufactured at a refinery that does not produce
  reformulated gasoline for sale in any covered area outside the State of
  California.
    (b) * * *
    (4) The compliance demonstration required by paragraph (b)(3)(ii) of this
  section shall be submitted no later than May 31, 1996, along with the report
  for the first quarter of 1996 required to be submitted under Sec.
  80.75(a)(1)(i).

  * * * * *

    (h) For purposes of the batch sampling and analysis requirements contained
  in Sec. 80.65(e)(1), any refiner, importer or oxygenate blender of California
  gasoline may, with regard to such gasoline, use a sampling and/or analysis
  methodology prescribed in Title 13, California Code of Regulations, sections
  2260 et seq., in lieu of any applicable methodology specified in Sec. 80.46.

  * * * * *

    19. In Sec. 80.90, the equation in paragraph (b)(1) is revised, and
  paragraph (e)(2) is revised to read as follows:

  Sec. 80.90   Conventional gasoline baseline emissions determination.

  * * * * *

    (b) * * *
    (1) * * *

  EXHBEN = (1.884 + 0.949xBZ + 0.113x(AR - BZ))

  * * * * *

    (e) * * *
    (2) The annual average baseline NOX emissions of the facility shall be
  determined using the emissions values determined in paragraph (e)(1) of this
  section in the equation specified in paragraph (a) of this section.

  * * * * *

    20. Section 80.91 is amended by:
    a. adding paragraph (c)(5)(iv);
    b. adding a sentence to the end of paragraph (d)(1)(i)(A) introductory
  text;
    c. revising paragraph (d)(1)(i)(A)(1), and revising the last sentence in
  paragraph (d)(1)(i)(B);
    d. revising the equation and the definition of Tjs in paragraph (e)(2)(iv),
  and revising the definition of Tjs in paragraph (e)(2)(v)(A);
    e. revising the equations in paragraphs (e)(4)(i) (A) and (B), and the
  equation and definition of UV in paragraph (e)(4)(ii)(A) and the equation in
  paragraph (e)(4)(ii)(B);
    f. revising the second sentence of paragraph (e)(5)(vi);
    g. adding paragraphs (e)(5)(vi)(A) and (e)(5)(vi)(B);
    h. and i. revising paragraph (e)(5)(vii) introductory text, and revising
  paragraph (e)(5)(viii);
    j. and k. revising paragraph (e)(7)(i)(A);
    l. revising paragraphs (e)(7)(i)(C) and (f)(2)(ii); and
    m. adding paragraph (e)(7)(i)(D).
    The revisions and additions are set out to read as follows:

  Sec. 80.91   Individual baseline determination.

  * * * * *

    (c) * * *
    (5) * * *
    (iv) The annual average anti-dumping statutory baseline shall have the
  following set of emission values:

  Exhaust benzene emissions, simple model--6.45
  Exhaust benzene emissions, complex model--33.03 mg/mile
  Exhaust toxics emissions, Phase I--50.67 mg/mile
  Exhaust toxics emissions, Phase II--104.5 mg/mile
  NOX emissions, Phase I--714.4 mg/mile
  NOX emissions, Phase II--1461. mg/mile

    (d) * * *
     (1) * * *
    (i) * * *
    (A) * * * When method 1 per batch RVP data is available, a month is
  considered equivalent to 4 weeks of seasonal data.
    (1) Method 1, per batch, actual RVP data will be used to define that batch
  as either summer fuel or winter fuel. Summer fuel is defined as fuel produced
  and intended for sale to satisfy federal summer volatility standards. When
  such per batch actual RVP data is not available, data is allocated per month
  as follows. A summer month is defined as any month during which more than 50
  percent (by volume) of the gasoline produced by a refiner met the federal
  summer gasoline volatility requirements. Winter shall be any month which
  could not be considered a summer month under this definition.

  * * * * *

    (B) * * * In any case, all data collected through the date of collection of
  the last data point included in the determination of a baseline fuel
  parameter value must be utilized in the baseline determination of that fuel
  parameter.

  * * * * *

    (e) * * *
    (2) * * *
    (iv) * * *

 
                                njs        pjs
                                SUM Xijs   SUM(Xijs x Vijs x SGijs)
                      Tjs       i=1        i=1
            Xbs**ms = SUM{-- x (-------- + ------------------------)}
                      j=1 Ns      njs
                                              SUM(Vijs x SGijs)

  * * * * *

  Tjs = total 1990 volume of blendstock j used in the refinery's season s
      gasoline

  * * * * *

    (v) * * *
    (A) * * *
  Tjs = total 1990 volume of blendstock j used in the refinery's season s
      gasoline

  * * * * *

    (4) * * *
    (i) * * *
    (A) * * *
  UV = [AV/(100-OV)] x 100

 
                           n                            n
              UR = [BR - {SUM(OVi x ORi)}/100]/[{100 - SUM OVi}/100]
                          i=1                          i=1

  * * * * *

    (B) * * *

  * * * * *

    (ii) * * *
    (A) * * *
  AV = UV x (100-OV)/100

  * * * * *

  UV = non-oxygenated parameter value

  * * * * *

    (B) * * *

 
                                   n           n
                BR = {UR x [100 - SUM(OVi)] + SUM(OVi x ORi)}/100
                                  i=1         i=1

  * * * * *

    (5) * * *
    (vi) * * *Such data shall be used in the determination of the baseline
  value, due to the work-in-progress, of each of the fuel parameters specified
  in Sec. 80.91(a)(2)(i) and as verification of the effect of the work-in-
  progress.
    (A) The baseline value, due to the work-in-progress, of each of the fuel
  parameters specified in Sec. 80.91(a)(2)(i) shall be used in the
  determination of the emissions specified in Sec. 80.90.
    (B) The baseline values of sulfur, olefins and E300, due to the work-in-
  progress, shall be used in the determination of the emissions specified in
  Sec. 80.41(j)(3).
    (vii) The annual average baseline values of exhaust benzene emissions, per
  Sec. 80.90(b) and Sec. 80.90(c), exhaust toxics emissions, per Sec. 80.90(d),
  and NOX emissions, per Sec. 80.90(e), are the values resulting from the work-
  in-progress baseline adjustment, not to exceed the larger of:

  * * * * *

    (viii) When compliance is achieved using the simple model, per Sec. 80.41
  and/or Sec. 80.101, the baseline values of sulfur, olefins and T90 are the
  values resulting from the work-in-progress baseline adjustment, not to exceed
  the larger of:
    (A) The unadjusted annual average baseline value of each fuel parameter
  specified in paragraph (e)(5)(viii) of this section; or
    (B) The following values:
    (1) Sulfur, 355 ppm;
    (2) Olefins, 11.3 volume percent;
    (3) T90, 349 deg.F; or
    (C) An adjusted annual average baseline fuel parameter value for sulfur,
  olefins and T90 such that exhaust emissions of VOC, toxics, and NOX do not
  exceed the complex model emission levels specified in paragraph
  (e)(5)(vii)(B) of this section. In the petition for a work-in-progress
  adjustment, the refiner shall specify sulfur, olefins and T90 values that
  meet these emission levels.

  * * * * *

    (7) * * *
    (i) * * *
    (A) (1) The refinery is the only refinery of a refiner such that it cannot
  form an aggregate baseline with another refinery (per paragraph (f) of this
  section) and meets the requirements specified in paragraphs (e)(7)(i) (B) and
  (C); or
    (2) The refiner is a multi-refinery refiner where each of the refineries
  also meets the requirements specified in paragraphs (e)(7)(i) (B) and (D).

  * * * * *

    (C) For single refinery refiners, the ratio of a refiner's 1990 JP-4
  production to its 1990 gasoline production must equal or exceed 0.2.
    (D) For multi-refinery refiners, the 1990 JP-4 production to 1990 gasoline
  production ratio must equal or exceed 0.2. The ratio of a multi-refinery
  refiner must be calculated over all of its refineries (aggregated).

  * * * * *

    (f) * * *
    (2) * * *
    (ii) If the baseline fuel value for aromatics, olefins, and/or benzene
  (determined per paragraph (e) of this section) is higher than the high end of
  the valid range limits specified in Sec. 80.42(c)(1) if compliance is being
  determined under the Simple Model, or in Sec. 80.45(f)(1)(ii) if compliance
  is being determined under the Complex Model, then the valid range limits may
  be extended for conventional gasoline in the following manner:
    (A) The new high end of the valid range for aromatics is determined from
  the following equation:

  NAROLIM = AROBASE + 5.0 volume percent

  where

  NAROLIM = The new high end of the valid range limit for aromatics, in volume
      percent
  AROBASE = The seasonal baseline fuel value for aromatics, in volume percent
    (B) The new high end of the valid range for olefins is determined from the
  following equation:

  NOLELIM = OLEBASE + 3.0 volume percent

  where

  NOLELIM = The new high end of the valid range limit for olefins, in volume
      percent
  OLEBASE = The seasonal baseline fuel value for olefins, in volume percent
    (C) The new high end of the valid range for benzene is determined from the
  following equation:

  NBENLIM = BENBASE + 0.5 volume percent

  where

  NBENLIM = The new high end of the valid range limit for benzene, in volume
      percent
  BENBASE = The seasonal baseline fuel value for benzene, in volume percent
    (D) The extension of the valid range is limited to the applicable summer or
  winter season in which the baseline fuel values for aromatics, olefins, and/
  or benzene exceed the high end of the valid range as described in paragraph
  (f)(2)(ii) of this section. Also, the extension of the valid range is limited
  to use by the refiner whose baseline value for aromatics, olefins, and/or
  benzene was higher than the valid range limits as described in paragraph
  (f)(2)(ii) of this section.
    (E) Any extension of the Simple Model valid range limits is applicable only
  to the Simple Model. Likewise any extension of the Complex Model valid range
  limits is applicable only to the Complex Model.
    (F) The valid range extensions calculated in paragraphs (f)(2)(ii)(A), (B),
  and (C) of this section are applicable to both the baseline fuel and target
  fuel for the purposes of determining the compliance status of conventional
  gasolines. The extended valid range limit represents the maximum value for
  that parameter above which fuels cannot be evaluated with the applicable
  compliance model.
    (G) Under the Simple Model, baseline and compliance calculations shall
  subscribe to the following limitations:
    (1) If the aromatics valid range has been extended per paragraph
  (f)(2)(ii)(A) of this section, an aromatics value equal to the high end of
  the valid range specified in Sec. 80.42(c)(1) shall be used for the purposes
  of calculating the exhaust benzene fraction.
    (2) If the fuel benzene valid range has been extended per paragraph
  (f)(2)(ii)(C) of this section, a benzene value equal to the high end of the
  valid range specified in Sec. 80.42(c)(1) shall be used for the purposes of
  calculating the exhaust benzene fraction.
    (H) Under the Complex Model, baseline and compliance calculations shall
  subscribe to the following limitations:
    (1) If the aromatics valid range has been extended per paragraph
  (f)(2)(ii)(A) of this section, an aromatics value equal to the high end of
  the valid range specified in Sec. 80.45(f)(1)(ii) shall be used for the
  purposes of calculating emissions performances.
    (2) If the olefins valid range has been extended per paragraph
  (f)(2)(ii)(B) of this section, an olefins value equal to the high end of the
  valid range specified in Sec. 80.45(f)(1)(ii) shall be used for the target
  fuel for the purposes of calculating emissions performances.
    (3) If the benzene valid range has been extended per paragraph
  (f)(2)(ii)(C) of this section, a benzene value equal to the high end of the
  valid range specified in Sec. 80.45(f)(1)(ii) shall be used for the target
  fuel for the purposes of calculating emissions performances.

  * * * * *

    21. In Sec. 80.93, the first sentence of paragraph (a)(3)(ii) is revised,
  and paragraph (a)(3)(iv) is added, and paragraph (c)(9) is revised as
  follows:

  Sec. 80.93   Individual baseline submission and approval.

    (a) * * *
    (3) * * *
    (ii) Petitions, 'showings,' and other associated proof may be submitted to
  EPA prior to submittal of the individual baseline (per paragraphs (a)(1) and
  (a)(2) of this section). * * *

  * * * * *

    (iv) Petitions submitted prior to the deadline for baseline submittals
  shall be submitted to the EPA at the following address: Fuels Studies and
  Standards Branch, Baseline Petition, U.S. EPA, 2565 Plymouth Road, Ann Arbor,
  Michigan 48105.

  * * * * *

    (c) * * *
    (9) Other baseline information. Narrative discussing any aspects of the
  baseline determination not already indicated per the requirements of
  paragraph (c)(8) of this section shall be provided.

  * * * * *

    22. Section 80.101 is amended by revising paragraphs (e)(3), (f)(4)(i),
  (f)(4)(ii), (g)(1), and (i)(1) introductory text to read as follows:

  Sec. 80.101   Standards applicable to refiners and importers.

  * * * * *

    (e) * * *
    (3) California gasoline as defined in Sec. 80.81(a)(2); and

  * * * * *

    (f) * * *
    (4) * * *
    (i) If the total volume of the conventional gasoline, RBOB, reformulated
  gasoline, and California gasoline as defined in Sec. 80.81(a)(2), produced or
  imported by any refiner or importer during the averaging period is equal to
  or less than that refiner's or importer's 1990 baseline volume as determined
  under Sec. 80.91(f)(1), the compliance baseline for each parameter or
  emissions performance shall be that refiner's or importer's individual 1990
  baseline; or
    (ii) If the total volume of the conventional gasoline, RBOB, reformulated
  gasoline, and California gasoline as defined in Sec. 80.81(a)(2), produced or
  imported by any refiner or importer during the averaging period is greater
  than that refiner's or importer's 1990 baseline volume as determined under
  Sec. 80.91(f)(1), the compliance baseline for each parameter or emissions
  performance shall be calculated according to the following formula:

 
                                 V1990                 V1990
                    CBi = (Bi * (-----)) + (DBi * (1 - -----))
                                  Va                    Va

  where

  CBi = the compliance baseline value for parameter or emissions performance i
  Bi = the refiner's or importer's individual baseline value for parameter or
      emissions performance i calculated according to the methodology in Sec.
      80.91
  DBi = the anti-dumping statutory baseline value for parameter or emissions
      performance i, as specified at Sec. 80.91(c)(5)(iii) or (c)(5)(iv),
      respectively
  V1990 = the 1990 baseline volume as determined under Sec. 80.91(f)(1)
  Va = the total volume of reformulated gasoline, conventional gasoline, RBOB,
      and California gasoline as defined in Sec. 80.81(a)(2) produced or
      imported by a refiner or importer during the averaging period
    (g) * * *
    (1) (i) Simple model calculations. In the case of any refiner or importer
  subject to an individual refinery baseline, the annual average value for each
  parameter or emissions performance during the averaging period, calculated
  according to the following methodologies, shall be less than or equal to the
  refiner's or importer's standard under paragraph (b) of this section for that
  parameter.
    (A) The average value for sulfur, T-90, olefin, benzene, and aromatics for
  an averaging period shall be calculated as follows:

 
                                   n
                                  SUM(Vi x PARMi x SGi)
                                  i=1
                         APARM = (---------------------)
                                       n
                                      SUM Vi x SGi
                                      i=1

  where

  APARM = the average value for the parameter being evaluated
  Vi = the volume of conventional gasoline or other products included under
      paragraph (d) of this section, in batch i
  PARMi = the value of the parameter being evaluated for batch i as determined
      in accordance with the test methods specified in Sec. 80.46
  n = the number of batches of conventional gasoline and other products
      included under paragraph (d) of this section produced or imported during
      the averaging period
  SGi = specific gravity of batch i (only applicable for sulfur)
    (B) Exhaust benzene emissions under the Simple Model for an averaging
  period are calculated as follows:

 
               EXHBEN = 1.884 + (0.949 x BZ) + (0.113 x (AR - BZ))

  where

  EXHBEN = the average exhaust benzene emissions for the averaging period
  BZ = the average benzene content for the averaging period, calculated per
      paragraph (g)(1)(i)(A) of this section
  AR = the average aromatics content for the averaging period, calculated per
      paragraph (g)(1)(i)(A) of this section
    (ii) Complex model calculations. Exhaust benzene, exhaust toxics, and
  exhaust NOX emissions performance for each batch shall be calculated in
  accordance with the applicable model under Sec. 80.45.

  * * * * *

    (i) * * *
    (1) Any refiner or importer shall for each batch of conventional gasoline,
  and other products if included in paragraph (d) of this section:

  * * * * *

    23. Section 80.102 is amended by revising the formula in paragraph (b)(1)
  and the definition of Vbs, the formula in paragraph (d)(1)(i) and the
  definitions of Vbs and Vg, the formula in paragraph (d)(2)(i) and the
  definition of Vg,i, paragraph (d)(3)(iv), adding paragraph (d)(3)(v), and
  revising paragraphs (e)(2)(i) and (f)(2)(i) to read as follows:

  Sec. 80.102  Controls applicable to blendstocks.

  * * * * *

    (b)(1) * * *

 
                                  BGby = Vbs/Vg

  * * * * *

  Vbs = Volume of applicable blendstock produced or imported and transferred to
      others during the calendar year, and used to produce gasoline

  * * * * *

    (d) * * *
    (1) * * *
    (i) * * *

 
                                   BGa = Vbs/Vg

  * * * * *

  Vbs = Volume of applicable blendstock produced or imported and subsequently
      transferred to others during the averaging period
  Vg = Volume of conventional gasoline, reformulated gasoline and RBOB produced
      or imported during the averaging period, excluding California gasoline as
      defined in Sec. 80.81(a)(2)

  * * * * *

    (2) * * *
    (i) * * *

 
                                          n
                                         SUM Vbs,i
                                         i=1
                               BGCcomp = ---------
                                          n
                                         SUM Vg,i
                                         i=1

  * * * * *

  Vg,i = Volume of conventional gasoline, reformulated gasoline and RBOB
      produced or imported during averaging period i, excluding California
      gasoline as defined in Sec. 80.81(a)(2)

  * * * * *

    (3) * * *
    (iv) Transferred between refineries which have been grouped pursuant to
  Sec. 80.101(h) by a refiner for the purpose of determining compliance under
  this subpart; or
    (v) Used to produce California gasoline as defined in Sec. 80.81(a)(2).

  * * * * *

    (e) * * *
    (2) * * *
    (i) Include all blendstocks produced or imported and transferred to others
  in its compliance calculations under Sec. 80.101(g) for two averaging periods
  beginning on January 1 of the averaging period subsequent to the averaging
  period when the exceedance occurs;

  * * * * *

    (f) * * *
    (2) * * *
    (i) EPA may grant the waiver referred to in paragraph (f)(1)(iii) of this
  section if the level of blendstock production was the result of extreme or
  unusual circumstances (e.g., a natural disaster or act of God) which clearly
  are outside the control of the refiner or importer, and which could not have
  been avoided by the exercise of prudence, diligence, and due care.

  * * * * *

    24. Section 80.104 is amended by revising paragraph (a)(2)(ix) to read as
  follows:

  Sec. 80.104  Recordkeeping requirements.

  * * * * *

    (a) * * *
    (2) * * *
    (ix) In the case of any refinery-produced or imported products listed in
  Sec. 80.102(a) that are excluded under Sec. 80.102(d)(3), documents which
  demonstrate that basis for exclusion; and

  * * * * *

    25. Section 80.105 is amended by revising paragraph (a)(2) to read as
  follows:

  Sec. 80.105  Reporting requirements.

    (a) * * *
    (2) (i) The total gallons of applicable blendstocks produced or imported
  and transferred to others that are not excluded under Sec. 80.102(d)(3); and
    (ii) The total gallons of applicable blendstocks produced or imported and
  transferred to others that are excluded under Sec. 80.102(d)(3);

  * * * * *

    26. Section 80.125 is amended by revising paragraph (a) to read as follows:

  Sec. 80.125  Attest engagements.

    (a) Any refiner, importer, and oxygenate blender subject to the
  requirements of this subpart F shall engage an independent certified public
  accountant, or firm of such accountants (hereinafter referred to in this
  subpart F as "CPA"), to perform an agreed-upon procedure attestation
  engagement of the underlying documentation that forms the basis of the
  reports required by Secs. 80.75 and 80.105.

  * * * * *

    27. Section 80.128 is amended by revising paragraphs (e)(2), (e)(5), and
  (g)(3)(iii) to read as follows:

  Sec. 80.128  Agreed upon procedures for refiners and importers.

  * * * * *

    (e) * * *
    (2) Determine that the requisite contract was in place with the downstream
  blender designating the required blending procedures, or that the refiner or
  importer accounted for the RBOB using the assumptions in Sec. 80.69(a)(9);

  * * * * *

    (5) Agree the sampling and testing frequency of the refiner's or importer's
  downstream oxygenated blender quality assurance program with the sampling and
  testing rates as required in Sec. 80.69(a)(7).

  * * * * *

    (g) * * *
    (3) * * *
    (iii) Obtain a listing from the refiner or importer of the batches of
  conventional gasoline or conventional sub-octane blendstock, and the
  compliance calculations which include oxygenate blended by the downstream
  oxygenate blender, and test the mathematical accuracy of the calculations
  contained in this listing;

  * * * * *

    28. Section 80.129 is amended by revising paragraph (e) to read as follows:

  Sec. 80.129  Agreed upon procedures for downstream oxygenate blenders.

  * * * * *

    (e) Agree the sampling and testing frequency of the blender's quality
  assurance program with the sampling and testing rates required in Sec. 80.69.

  [FR Doc. 94-17131 Filed 7-19-94; 8:45 am]

  BILLING CODE 6560-50-P