[Federal Register Volume 60, Number 244 (Wednesday, December 20, 1995)]
[Rules and Regulations]
[Pages 65571-65575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30986]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[AMS-FRL-5399-9]


Regulation of Fuels and Fuel Additives: Modification of 
Reformulated and Conventional Gasoline Regulations--Treatment of 
Business Information Submitted Concerning Individual Baselines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Under the Clean Air Act, as amended in 1990 (CAA or the Act), 
the Environmental Protection Agency (EPA or the Agency) promulgated 
anti-dumping regulations for conventional gasoline (gasoline not 
certified as reformulated gasoline (RFG)). These regulations require 
that conventional gasoline not be more polluting than it was in 1990 
and include provisions for the development of individual refinery 
baselines and other compliance provisions. Today's action modifies the 
regulations concerning the publication and confidentiality of 
individual baselines and information submitted to obtain an individual 
baseline.

DATES: This final rule is effective December 12, 1995.

ADDRESSES: Materials relevant to this final rule can be found in Public 
Docket A-95-03; materials relevant to the reformulated gasoline final 
rule are contained in Public Dockets A-91-02 and A-92-12. These dockets 
are 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 5 p.m. Monday 
through Friday. A reasonable fee may be charged by EPA for copying 
docket materials.

FOR FURTHER INFORMATION CONTACT: Christine M. Brunner, U.S. EPA, Fuels 
and Energy Division, 2565 Plymouth Road, Ann Arbor, MI 48105. 
Telephone: (313) 668-4287. To Request Copies of This Document Contact: 
Delores Frank, U.S. EPA, Fuels and Energy Division, 2565 Plymouth Road, 
Ann Arbor, MI 48105. Telephone: (313) 668-4295.

SUPPLEMENTARY INFORMATION:

I. Electronic Copies of Rulemaking Documents Through the Technology 
Transfer Network Bulletin Board System (TTNBBS)

    A copy of this final rule is available electronically on the EPA's 
Office of Air Quality Planning and Standards (OAQPS) Technology 
Transfer Network Bulletin Board System (TTNBBS). The service is free of 
charge, except for the cost of the phone call. The TTNBBS can be 
accessed with a dial-in phone line and a high-speed modem per the 
following information:

TTN BBS: 919-541-5742
(1200-14400 bps, no parity, 8 data bits, 1 stop bit)
Voice Help-line: 919-541-5384
Accessible via Internet: TELNET ttnbbs.rtpnc.epa.gov
Off-line: Mondays from 8 AM to 12 Noon ET

    A user who has not called TTN previously will first be required to 
answer some basic informational questions for registration purposes. 
After completing the registration process, proceed through the 
following menu choices from the Top Menu to access information on this 
rulemaking.

<T>  GATEWAY TO TTN TECHNICAL AREAS (Bulletin Boards)
<M>  OMS--Mobile Sources Information
<K>  Rulemaking and Reporting
<3>  Fuels
<9>  File Area #9 * * * Reformulated gasoline


[[Page 65572]]

    At this point, the system will list all available files in the 
chosen category in reverse chronological order with brief descriptions. 
These files are compressed (i.e., ZIPed). Today's notice can be 
identified by the following title: CBI-FRM.ZIP. To download this file, 
type the instructions below 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. After getting the files 
you want onto your computer, you can quit the TTNBBS with the <G>oodbye 
command. 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.

II. Confidentiality of Information Submitted for Individual 
Baselines

A. Introduction

    Compliance with certain aspects of the reformulated and 
conventional gasoline regulations depends on the individual baseline of 
the refiner or importer.\1\ The final regulations issued by EPA in 
December 1993 establish requirements for developing an individual 
baseline which is the set of fuel parameter values, emissions and 
volumes which represent the quality and quantity of the refiner's 1990 
gasoline. See 40 CFR 80.91. The final rule also states that certain 
information contained in a refiner's baseline submittal would not be 
considered confidential, and that EPA would publish the individual 
standards for each refinery, blender or importer upon approval of an 
individual baseline. See 40 CFR 80.93(b)(6).

    \1\ In general, the provisions regarding individual baselines 
apply to refiners or importers of conventional gasoline. For brevity 
in this discussion, the term ``refiner'' shall include both refiners 
and importers.
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    Persons affected by this provision sought judicial review, 
objecting to the release or publication of this information on grounds 
of business confidentiality. American Petroleum Institute v. U.S. 
Environmental Protection Agency, No. 94-1138 (D.C. Cir.), and 
consolidated case Texaco, Inc. and Star Enterprises v. U.S. 
Environmental Protection Agency, No. 94-1143 (D.C. Cir.). Based on 
discussions with these parties, EPA reconsidered this provision and 
proposed to revise it.\2\ 60 FR 40009, August 4, 1995. Under the 
proposal, EPA would publish only a portion of the baseline information, 
representing a refinery's baseline emissions values. Instead of 
determining by regulation that the remaining baseline information 
submitted by a refiner is non-confidential, EPA would address claims of 
business confidentiality for this other baseline information under 
EPA's regulations on ``Confidentiality of Business Information (CBI),'' 
40 CFR part 2 subpart B.

    \2\ For a discussion of industry concerns regarding this issue 
and EPA's rationale behind its proposal, see the support document 
``Regulation of Fuels and Fuel Additives: Standards for Reformulated 
and Conventional Gasoline--Detailed Discussion and Analysis'', Air 
Docket A-95-03.
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    This preamble provides background information on individual 
baselines and their use, discusses the proposal, and summarizes and 
responds to the comments received on the proposal. The revisions 
contained in the August 4, 1995 proposal are finalized as proposed. 
Refiners may submit to EPA claims of confidentiality on baseline 
information originally deemed not confidential by the December 1993 
rule but for which claims of confidentiality would now be considered 
under EPA's CBI regulations pursuant to this rulemaking. These claims 
may be sent to Deborah Adler, U.S. EPA, Fuels and Energy Division, 2565 
Plymouth Road, Ann Arbor, MI 48105. Telephone: (313) 668-4223.

B. Background

    A refiner's individual baseline reflects the volume and average 
quality of its gasoline for the year 1990. Unlike the standards for 
reformulated gasoline (which for the most part are the same for all 
refiners), the standards for conventional gasoline (the anti-dumping 
standards) are generally expressed in terms of this individual 
baseline, so that compliance with the standards is measured by 
comparing current production of conventional gasoline against the 
individual baseline, on an annual basis. For example, for conventional 
gasoline under the simple model, a refiner's annual average value for 
exhaust benzene emissions may not exceed its compliance baseline value 
for exhaust benzene emissions, and its annual average values for 
sulfur, olefins and T90 may not exceed 125 percent of its compliance 
baseline values for these parameters. 40 CFR 80.101(b)(1). In most 
cases, the compliance baseline is the same as the individual baseline. 
40 CFR 80.101(f). For reformulated gasoline, certain standards 
applicable during 1995 through 1997 are also expressed in terms of a 
refiner's or importer's individual baseline. 40 CFR 80.41(h)(2).
    EPA assigns an individual baseline after reviewing a refiner's 
baseline submittal. The submittal includes the refiner's estimate of 
its baseline values for the various required fuel parameters; exhaust 
emissions values calculated from such parameters; 1990 gasoline 
volumes; and the blendstock-to-gasoline ratios for 1990 through 1993. 
Per the December 1993 final rule, this information would not be 
considered confidential, and EPA would publish, for each refinery or 
importer, certain baseline exhaust emissions and the sulfur, olefins 
and T90 standards noted above. 40 CFR 80.93(b)(6).

C. Proposal

    In the preamble to the December 1993 regulations, EPA stated that 
it believed that each refiner's anti-dumping standard should be 
publicly known. The standards for reformulated gasoline are publicly 
known, but are generally the same for all refiners. EPA cited several 
benefits of publishing a refiner's anti-dumping standards (i.e., 
specific individual baseline information). These included citizen suit 
enforcement, more information to the public about EPA's standards, and 
better deterrence to noncompliance.
    However, as stated above, objections raised by certain parties 
regarding publication of baseline information caused EPA to reconsider 
which information should be published and which information might more 
appropriately be handled under EPA's CBI regulations. Because EPA was 
particularly concerned that the emissions standards for refiners 
continue to be public,\3\ it did not propose to change the regulations 
regarding publication of the individual baseline exhaust emissions 
values that comprise a refiner's anti-dumping standards. However, EPA 
did propose that the standards for sulfur, olefins and T90 applicable 
during 1995 through 1997 not be published and instead that the 
reporting requirements be revised such that a refiner would have to 
note whether and how much its annual average for these values exceeded 
their individual baseline value. This latter 

[[Page 65573]]
reporting information would be considered non-confidential. EPA stated 
that this would effectively provide the same benefits as publishing the 
baseline values for these three parameters as it would clearly show 
whether and how much a refiner violated the standards applicable for 
these fuel parameters while preserving valid claims of business 
confidentiality.

    \3\ The Act specifies that conventional gasoline emissions 
cannot be greater than they were in 1990. The simple model 
requirements for sulfur, olefins and T90 were a result of the 
Regulatory Negotiation process.
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    EPA's proposal to change the regulations regarding business 
confidentiality was based in large part on evidence, presented by 
interested parties in the oil refining industry, arguing that detailed 
information regarding the quality of a business' 1990 gasoline 
production would allow a competitor to calculate the business' current 
cost of producing reformulated gasoline much more accurately with this 
baseline information. This increased ability to predict current cost of 
production would lead to significant adverse competitive harm. 
According to the interested parties, information on individual baseline 
fuel parameters (i.e., sulfur, olefins and T90) would have much more 
adverse competitive impact than information on individual baseline 
exhaust emission values.
    In the proposal, EPA also stated that requests for release of other 
baseline information would be governed by the regulations on the 
confidentiality of business information at 40 CFR part 2 subpart B. By 
deferring to 40 CFR part 2 subpart B, the factual and legal issues 
concerning disclosure of this information may be resolved on a case-by-
case basis under EPA's CBI rules.

D. Summary and Analysis of Comments

    EPA received less than ten comments on this issue; most generally 
supported the proposal. Commenters agreed with EPA that the proposal 
would properly inform the public of each refiner's standards yet would 
minimize competitive harm and would protect each refiner's competitive 
business interests. Commenters also mentioned that foregoing 
publication of some baseline information does not hinder EPA's ability 
to enforce the RFG (or anti-dumping) programs. One commenter stated 
that no negative environmental effects would occur due to the proposed 
change. EPA agrees with all of these comments.
    Commenters also mentioned that indiscriminate publication of 
baseline data would be contrary to the Agency's stated rationale for 
establishing the procedures set forth in the CBI regulations. While EPA 
believes the December 1993 final rule provisions were consistent with 
the rationale of the Agency's CBI regulations, EPA believes that the 
changes adopted today are a more appropriate mechanism to implement 
this rationale. The December 1993 rule was based on the view that all 
information submitted by a refiner regarding its individual baseline 
should be considered non-confidential emissions data, and therefore 
would not be protected from release notwithstanding its claimed 
confidential nature. See CAA section 114, 208. In the rule adopted 
today, EPA basically limits this determination to the information that 
will be published--individual baseline exhaust emission levels. The 
reporting information that is considered non-confidential does not meet 
the definition of confidential business information, without addressing 
whether it is emissions data. The confidentiality of the remaining 
baseline information will be addressed under EPA's CBI regulations. 
Instead of pre-determining whether this remaining information is 
confidential business information or whether it is emissions data, 
these issues will be resolved as needed on a case-by-case basis under 
EPA's CBI regulations. This will allow for a case specific inquiry, 
focusing on any unique aspects that might be specific to a refiner and 
thereby reducing the risk of improper disclosure. Having reconsidered 
these issues, especially the competitive harm that could occur if a 
refiner's entire baseline information were available for release, EPA 
believes that the alternative contained in the August 1995 proposal and 
finalized today will retain the benefits of publishing all of a 
refiner's individual baseline exhaust emission levels while minimizing 
competitive harm. One commenter stated that with the proposal the 
regulations now conformed to the CBI rules.
    Another commenter stated that the Act exempts only emission data 
from CBI rules and that the baseline information is not emission data. 
EPA disagrees with this comment with respect to the individual baseline 
exhaust emissions levels. With respect to the remaining individual 
baseline information, the issue of whether it is or is not emissions 
data is not resolved by this rulemaking, but will be resolved as needed 
under EPA's CBI regulations.
    Several commenters expressed concern about the ability to claim 
confidentiality now on baseline information not originally marked 
confidential. For example, under the December 1993 rule baseline values 
for sulfur, olefins and T90 were not considered confidential, and many 
baseline submitters may therefore not have claimed that information as 
confidential. If not allowed to claim confidentiality now, someone 
could arguably request and receive that information from EPA. However, 
baseline submitters can, and in fact are encouraged to now submit 
claims of confidentiality on baseline information that the submitter 
considers confidential, even though not originally marked confidential. 
EPA's CBI regulations do not prohibit a company from notifying EPA that 
it now claims certain previously submitted information as business 
confidential. See 40 CFR 2.203, 2.204(c). This also addresses the 
suggestion by one commenter that EPA take precautions in releasing 
other baseline information. Once a company makes such a claim, EPA's 
regulations generally call for notifying the company and giving it an 
opportunity to justify the claim of confidentiality prior to any 
release of the information to the public.
    One commenter was concerned about the public perception of any 
published information, citing potential pressure (presumably to be 
cleaner than one's standard) from competitors and non-informed public 
and the resulting impact on investor support. The commenter implied 
that this kind of pressure can be especially burdensome if performance 
margins are tight. This same commenter was particularly concerned about 
small refiners and stated that big refiners are protected by (the 
ability to) aggregate baselines. While multi-refinery refiners do have 
the option to aggregate baselines for compliance purposes, publication 
of baseline information is on a refinery basis, and multi-refinery 
refiners have no advantage over single-refinery refiners in that 
regard. This commenter also implicitly suggested that EPA consider 
relaxing the publication requirements for small refiners since EPA has 
determined that the contribution to emissions of small refiners is 
minimal to the point of relaxing some requirements. However, the issue 
of when and under what conditions to allow for baseline adjustments is 
a separate issue. Whether or not a refiner meets such criteria, EPA 
believes there is a continuing value in publishing the applicable 
standards, including standards based on baseline adjustments. This 
value, described above, occurs whether the business is small or large. 
There is also no indication that the business pressures noted by this 
commenter are greater for small businesses.

E. Final Rule

    EPA today finalizes the provisions regarding the confidentiality of 
information submitted for individual 

[[Page 65574]]
baselines and the publication of certain baseline information as 
proposed in the August 4, 1995 Federal Register (60 FR 40009). The 
applicable regulations have been modified slightly from the proposal. 
Specifically, in Sec. 80.75, the proposed additional paragraphs (H), 
(I) and (J) have been re-ordered to paragraphs (D), (G) and (J) in 
today's rulemaking. By re-ordering these paragraphs, all paragraphs in 
Sec. 80.75(b)(2)(ii) referring to a specific fuel parameter, e.g., 
sulfur, are grouped together, for benefit of the reader. Section 80.105 
has also been modified from the proposal, and now requires that a 
refiner's or importer's simple model standards for conventional 
gasoline be reported (in addition to the requirements contained in the 
December 1993 final rule and those contained in the proposal being 
finalized today). This minor revision results in similar reporting 
requirements for both reformulated and conventional gasoline under the 
simple model.

III. Environmental and Economic Impacts

    No environmental impacts are expected as a result of today's 
action. Economic impacts should be generally beneficial to refiners as 
one purpose of this action is to reduce any adverse competitive harm 
that could occur without this change. The environmental and economic 
impacts of the reformulated gasoline program are described in the 
Regulatory Impact Analysis supporting the December 1993 rule, which is 
available in Public Docket A-92-12 located at Room M-1500, Waterside 
Mall (ground floor), U.S. Environmental Protection Agency, 401 M Street 
SW., Washington, DC 20460.

IV. Compliance With the Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) of 1980 requires federal 
agencies to examine the effects of their regulations and to identify 
any significant adverse impacts of those regulations on a substantial 
number of small entities. Pursuant to section 605(b) of the Regulatory 
Flexibility Act, 5 U.S.C. 605(b), the Administrator certifies that this 
rule will not have a significant economic impact on a substantial 
number of small entities. In fact, today's action is designed to 
minimize any adverse competitive impacts since only individual baseline 
exhaust emissions, and not individual baseline fuel parameters values, 
will be published. Additionally, by this action, less baseline 
information will automatically be deemed non-confidential.

V. 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 entitlement, 
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 final rule is not a ``significant regulatory 
action''.

VI. Paperwork Reduction Act

    The Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq., and 
implementing regulations, 5 CFR part 1320, do not apply to this action 
as it does not involve the collection of information as defined 
therein.

VII. Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded 
Mandates Act''), signed into law on March 22, 1995, EPA must prepare a 
budgetary impact statement to accompany any proposed or final rule that 
includes a Federal mandate that may result in expenditure by State, 
local, and tribal governments, in the aggregate; or by the private 
sector, of $100 million or more. Under section 205, EPA must select the 
most cost-effective and least burdensome alternative that achieves the 
objectives of the rule and is consistent with statutory requirements. 
Section 203 requires EPA to establish a plan for informing and advising 
any small governments that may be significantly or uniquely impacted by 
the rule.
    EPA has determined that the action promulgated today does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local or tribal governments in the 
aggregate, or to the private sector. This action has the net effect of 
reducing burden of the reformulated gasoline program on regulated 
entities. Therefore, the requirements of the Unfunded Mandates Act do 
not apply to this action.

VIII. Statutory Authority

    The statutory authority for this action is granted to EPA by 
Sections 114, 211 and 301(a) of the Clean Air Act as amended (42 U.S.C. 
7414, 7545, and 7601(a)).

List of Subjects in 40 CFR Part 80

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

    Dated: December 12, 1995.
Carol M. Browner,
Administrator.

    For the reasons set out in the preamble, part 80 of title 40 of the 
Code of Federal Regulations 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: Sec. 114, 211, and 301(a) of the Clean Air Act as 
amended (42 U.S.C. 7414, 7545 and 7601(a)).

    2. Section 80.75 is amended by revising the heading for paragraph 
(b)(2), and by revising paragraphs (b)(2)(ii)(D) through (G), and 
adding paragraphs (b)(2)(ii) (H) through (J) to read as follows:


Sec. 80.75  Reporting requirements.

* * * * *
    (b) * * *
    (2) Sulfur, olefins and T90 averaging reports.
    (i) * * *
    (ii) * * *
    (D) The difference between the applicable sulfur content standard 
under Sec. 80.41(h)(2)(i) in parts per million and the average sulfur 
content under paragraph (b)(2)(ii)(C) of this section in parts per 
million, indicating whether the average is greater or lesser than the 
applicable standard;
    (E) The applicable olefin content standard under 
Sec. 80.41(h)(2)(i) in volume percent;
    (F) The average olefin content in volume percent;
    (G) The difference between the applicable olefin content standard 
under Sec. 80.41(h)(2)(i) in volume percent and the average olefin 
content under paragraph (b)(2)(ii)(F) of this section in volume 
percent, indicating whether the 

[[Page 65575]]
average is greater or lesser than the applicable standard;
    (H) The applicable T90 distillation point standard under 
Sec. 80.41(h)(2)(i) in degrees Fahrenheit;
    (I) The average T90 distillation point in degrees Fahrenheit; and
    (J) The difference between the applicable T90 distillation point 
standard under Sec. 80.41(h)(2)(i) in degrees Fahrenheit and the 
average T90 distillation point under paragraph (b)(2)(ii)(I) of this 
section in degrees Fahrenheit, indicating whether the average is 
greater or lesser than the applicable standard.
* * * * *
    3. Section 80.93 is amended by revising paragraph (b)(6) to read as 
follows:


Sec. 80.93  Individual baseline submission and approval.

* * * * *
    (b) * * *
    (6) Confidential business information.
    (i) Upon approval of an individual baseline, EPA will publish the 
individual annualized baseline exhaust emissions, on an annual average 
basis, specified in paragraph (b)(5)(ii) of this section. Such 
individual baseline exhaust emissions shall not be considered 
confidential. In addition, the reporting information required under 
Sec. 80.75(b)(2)(ii) (D), (G) and (J), and Sec. 80.105(a)(4)(i) (E), 
(H) and (K) shall not be considered confidential.
    (ii) Information in the baseline submission which the submitter 
desires to be considered confidential business information (per 40 CFR 
part 2, subpart B) must be clearly identified. If no claim of 
confidentiality accompanies a submission when it is received by EPA, 
the information may be made available to the public without further 
notice to the submitter pursuant to the provisions of 40 CFR part 2, 
subpart B.
* * * * *
    4. Section 80.105 is amended by revising paragraph (a)(4) to read 
as follows:


Sec. 80.105  Reporting requirements.

    (a) * * *
    (4)(i) If using the simple model:
    (A) The applicable exhaust benzene emissions standard under 
Sec. 80.101(b)(1)(i);
    (B) The average exhaust benzene emissions under Sec. 80.101(g);
    (C) The applicable sulfur content standard under 
Sec. 80.101(b)(1)(ii) in parts per million;
    (D) The average sulfur content under Sec. 80.101(g) in parts per 
million;
    (E) The difference between the applicable sulfur content standard 
under Sec. 80.101(b)(1)(ii) in parts per million and the average sulfur 
content under paragraph (a)(4)(i)(D) of this section in parts per 
million, indicating whether the average is greater or lesser than the 
applicable standard;
    (F) The applicable olefin content standard under 
Sec. 80.101(b)(1)(iii) in volume percent;
    (G) The average olefin content under Sec. 80.101(g) in volume 
percent;
    (H) The difference between the applicable olefin content standard 
under Sec. 80.101(b)(1)(iii) in volume percent and the average olefin 
content under paragraph (a)(4)(i)(G) of this section in volume percent, 
indicating whether the average is greater or lesser than the applicable 
standard;
    (I) The applicable T90 distillation point standard under 
Sec. 80.101(b)(1)(iv) in degrees Fahrenheit;
    (J) The average T90 distillation point under Sec. 80.101(g) in 
degrees Fahrenheit; and
    (K) The difference between the applicable T90 distillation point 
standard under Sec. 80.101(b)(1)(iv) in degrees Fahrenheit and the 
average T90 distillation point under paragraph (a)(4)(i)(J) of this 
section in degrees Fahrenheit, indicating whether the average is 
greater or lesser than the applicable standard.
    (ii) If using the optional complex model, the applicable exhaust 
benzene emissions standard and the average exhaust benzene emissions, 
under Sec. 80.101(b)(2) and (g).
    (iii) If using the complex model:
    (A) The applicable exhaust toxics emissions standard and the 
average exhaust toxics emissions, under Sec. 80.101(b)(3) and (g); and
    (B) The applicable NO<INF>X emissions standard and the average 
NO<INF>X emissions, under Sec. 80.101(b)(3) and (g).
* * * * *
[FR Doc. 95-30986 Filed 12-19-95; 8:45 am]
BILLING CODE 6560-50-P