40 CFR 80.75 - Reporting requirements.

§ 80.75 Reporting requirements.
Any refiner or importer shall report as specified in this section, and shall report such other information as the Administrator may require.
(a) Quarterly reports for reformulated gasoline. Any refiner or importer that produces or imports any reformulated gasoline or RBOB shall submit quarterly reports to the Administrator for each refinery at which such reformulated gasoline or RBOB was produced and for all such reformulated gasoline or RBOB imported by each importer.
(1) The quarterly reports shall be for all such reformulated gasoline or RBOB produced or imported during the following time periods:
(i) The first quarterly report shall include information for reformulated gasoline or RBOB produced or imported from January 1 through March 31, and shall be submitted by May 31 of each year beginning in 1995;
(ii) The second quarterly report shall include information for reformulated gasoline or RBOB produced or imported from April 1 through June 30, and shall be submitted by August 31 of each year beginning in 1995;
(iii) The third quarterly report shall include information for reformulated gasoline or RBOB produced or imported from July 1 through September 30, and shall be submitted by November 30 of each year beginning in 1995; and
(iv) The fourth quarterly report shall include information for reformulated gasoline or RBOB produced or imported from October 1 through December 31, and shall be submitted by the last day of February of each year beginning in 1996.
(2) The following information shall be included in each quarterly report for each batch of reformulated gasoline or RBOB which is included under paragraph (a)(1) of this section:
(i) The batch number;
(ii) The date of production;
(iii) The volume of the batch;
(iv) The grade of gasoline produced (i.e., premium, mid-grade, or regular);
(v) For any refiner or importer:
(A) Each designation of the gasoline, pursuant to § 80.65; and
(B) The properties, pursuant to §§ 80.65 and 80.66;
(vi) For any importer, the PADD in which the import facility is located;
(vii) [Reserved]
(viii) In the case of any previously certified gasoline used in a refinery operation under the terms of § 80.65(i), the following information relative to the previously certified gasoline when received at the refinery:
(A) Identification of the previously certified gasoline as such;
(B) The batch number assigned by the receiving refinery;
(C) The date of receipt; and
(D) The volume, properties and designation of the batch.
(ix) In the case of butane blended with reformulated gasoline or RBOB under § 80.82:
(A) Identification of the butane batch as complying with the provisions of § 80.82;
(B) Identification of the butane batch as commercial or non-commercial grade butane;
(C) The batch number of the butane;
(D) The date of production of the gasoline produced using the butane batch;
(E) The volume of the butane batch;
(F) The properties of the butane batch specified by the butane supplier, or the properties specified in § 80.82(c) or (d), as appropriate;
(G) The volume of the gasoline batch subsequent to the butane blending; and
(x) In the case of any imported GTAB, identification of the gasoline as GTAB.
(3) Information pertaining to gasoline produced or imported during 1994 shall be included in the first quarterly report in 1995.
(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, olefins 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 § 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 § 80.41(h)(2)(i) in parts per million;
(C) The average sulfur content in parts per million;
(D) The difference between the applicable sulfur content standard under § 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 § 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 § 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 average is greater or lesser than the applicable standard;
(H) The applicable T90 distillation point standard under § 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 § 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.
(c) VOC emissions performance averaging reports.
(1) Any refiner or importer that produced or imported any reformulated gasoline or RBOB under the complex model that was to meet the VOC emissions performance 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 produced or imported during the previous VOC averaging period. This information shall be reported separately for the following categories:
(i) Gasoline or RBOB which is designated as VOC-controlled intended for areas in VOC-Control Region 1; and
(ii) Gasoline or RBOB which is designated as VOC-controlled intended for VOC-Control Region 2.
(2) The following information shall be reported:
(i) The total volume of averaged reformulated gasoline or RBOB in gallons;
(ii) The compliance total value for VOC emissions performance; and
(iii) The actual total value for VOC emissions performance.
(d) Benzene content averaging reports.
(1) Any refiner or importer that produced or imported any reformulated gasoline or RBOB that was to meet the benzene content standards on average (“averaged reformulated gasoline”) shall submit to the Administrator, with the fourth quarterly report, a report for each refinery or importer for such averaged reformulated gasoline that was produced or imported during the previous toxics averaging period.
(2) The following information shall be reported:
(i) The volume of averaged reformulated gasoline or RBOB in gallons;
(ii) The compliance total content of benzene;
(iii) The actual total content of benzene;
(iv) The number of benzene credits generated as a result of actual total benzene being less than compliance total benzene;
(v) The number of benzene credits required as a result of actual total benzene being greater than compliance total benzene;
(vi) The number of benzene credits transferred to another refinery or importer; and
(vii) The number of benzene credits obtained from another refinery or importer.
(e) Toxics emissions performance averaging reports.
(1) Any refiner or importer that produced or imported any reformulated gasoline or RBOB that was to meet the toxics emissions performance standards on average (“averaged reformulated gasoline”) shall submit to the Administrator, with the fourth quarterly report, a report for each refinery or importer for such averaged reformulated gasoline that was produced or imported during the previous toxics averaging period.
(2) The following information shall be reported:
(i) The volume of averaged reformulated gasoline or RBOB in gallons;
(ii) The compliance value for toxics emissions performance; and
(iii) The actual value for toxics emissions performance.
(f) [Reserved]
(g) NO X emissions performance averaging reports. (1) Any refiner or importer that produced or imported any reformulated gasoline or RBOB that was to meet the NOX emissions performance standard on average (“averaged reformulated gasoline”) shall submit to the Administrator, with the fourth quarterly report, a report for each refinery or importer for such averaged reformulated gasoline that was produced or imported during the previous NOX averaging period.
(2) The following information shall be reported:
(i) The volume of averaged reformulated gasoline or RBOB in gallons;
(ii) The compliance value for NOX emissions performance; and
(iii) The actual value for NOX emissions performance.
(3) The information required by paragraph (g)(2) of this section shall be reported separately for the following categories:
(i) Gasoline and RBOB which is designated as VOC-controlled; and
(ii) Gasoline and RBOB which is not designated as VOC-controlled.
(h) Credit transfer reports. As an additional part of the fourth quarterly report required by this section, any refiner or importer shall, for each refinery or importer, supply the following information for any benzene credits that are transferred from or to another refinery or importer:
(1) The names, EPA-assigned registration numbers and facility identification numbers of the transferor and transferee of the credits;
(2) The number(s) of credits that were transferred; and
(3) The date(s) of the transaction(s).
(i) Covered areas of gasoline use report. Any refiner that produced any reformulated gasoline that was to meet any reformulated gasoline standard on average (“averaged reformulated gasoline”) shall, for each refinery at which such averaged reformulated gasoline was produced submit to the Administrator, with the fourth quarterly report, a report that contains the identity of each covered area that was supplied with any averaged reformulated gasoline produced at each refinery during the previous year.
(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 § 80.41(q)(2), such importer shall submit separate reports for gasoline imported into facilities subject to different standards.
(k) Reporting requirements for early use of the complex model. Any refiner for any refinery, or any importer, that elects to be subject to complex model standards under § 80.41(i)(1) shall report such election in writing to the Administrator no later than sixty days prior to the beginning of the calendar year during which such standards would apply. This report shall include the refinery's or importer's baseline values for VOC, NOX, and toxics emissions performance, in milligrams per mile.
(l) Reports for per-gallon compliance gasoline. In the case of reformulated gasoline or RBOB for which compliance with each of the standards set forth in § 80.41 is achieved on a per-gallon basis, the refiner or importer shall submit to the Administrator, by the last day of February of each year beginning in 1996, a report of the volume of each designated reformulated gasoline or RBOB produced or imported during the previous calendar year for which compliance is achieved on a per-gallon basis, and a statement that each gallon of this reformulated gasoline or RBOB met the applicable standards.
(m) Reports of compliance audits. Any refiner or importer shall cause to be submitted to the Administrator, by May 31 of each year, the report of the compliance audit required by § 80.65(h).
(n) Report submission. The reports required by this section shall be:
(1) Submitted on forms and following procedures specified by the Administrator; and
(2) Signed and certified as correct by the owner or a responsible corporate officer of the refiner or importer.
(o) Additional reporting requirements for refiners that blend butane with reformulated gasoline or RBOB. For refiners that blend any butane with reformulated gasoline or RBOB under § 80.82, the refiner shall submit to the Administrator, by the last day of February of each year, a report for the refinery which includes the following information for the previous calendar year:
(1) The total volume of butane blended with reformulated gasoline or RBOB at the refinery, separately for reformulated gasoline and RBOB;
(2) The total volume of reformulated gasoline or RBOB produced using butane, separately for reformulated gasoline and RBOB;
(3) A statement that each gallon of reformulated gasoline or RBOB produced using butane met the applicable per-gallon standards under § 80.41;
(4) A statement that all butane blended with reformulated gasoline or RBOB at the refinery is included in the volume reported in paragraph (o)(2) of this section;
[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36964, July 20, 1994; 60 FR 65574, Dec. 20, 1995; 62 FR 60135, Nov. 6, 1997; 66 FR 67106, Dec. 28, 2001; 71 FR 74569, Dec. 15, 2005; 71 FR 26700, May 8, 2006]
Beta! The text on the eCFR tab represents the unofficial eCFR text at ecfr.gov.
§ 80.75 Reporting requirements.

Any refiner, gasoline importer, producer of pentane for use by a pentane blender, and importer of pentane for use by a pentane blender shall report as specified in this section, and shall report such other information as the Administrator may require.

(a) Quarterly reports for reformulated gasoline. Any refiner or importer that produces or imports any reformulated gasoline or RBOB shall submit quarterly reports to the Administrator for each refinery at which such reformulated gasoline or RBOB was produced and for all such reformulated gasoline or RBOB imported by each importer.

(1) The quarterly reports shall be for all such reformulated gasoline or RBOB produced or imported during the following time periods:

(i) The first quarterly report shall include information for reformulated gasoline or RBOB produced or imported from January 1 through March 31, and shall be submitted by June 1 of each year.

(ii) The second quarterly report shall include information for reformulated gasoline or RBOB produced or imported from April 1 through June 30, and shall be submitted by September 1 of each year.

(iii) The third quarterly report shall include information for reformulated gasoline or RBOB produced or imported from July 1 through September 30, and shall be submitted by December 1 of each year.

(iv) The fourth quarterly report shall include information for reformulated gasoline or RBOB produced or imported from October 1 through December 31, and shall be submitted by March 31 of each year.

(2) All the following information shall be included in each quarterly report for each batch of reformulated gasoline or RBOB which is included under paragraph (a)(1) of this section:

(i) The batch number.

(ii) The date of production.

(iii) The volume of the batch.

(iv) The grade of gasoline produced (i.e., premium, mid-grade, or regular).

(v) For any refiner or importer, all the following:

(A) Each designation of the gasoline, pursuant to § 80.65.

(B) The properties, along with identification of the test method used to measure those properties, pursuant to §§ 80.65(e) and 80.66.

(vi) For any importer, the PADD in which the import facility is located.

(vii) [Reserved]

(viii) In the case of any previously certified gasoline used in a refinery operation under the terms of § 80.65(i), all the following information relative to the previously certified gasoline when received at the refinery:

(A) Identification of the previously certified gasoline as such.

(B) The batch number assigned by the receiving refinery.

(C) The date of receipt.

(D) The volume, properties (along with identification of the test method used to measure those properties), and designation of the batch.

(ix) In the case of butane blended with reformulated gasoline or RBOB under § 80.82, all the following:

(A) Identification of the butane batch as complying with the provisions of § 80.82.

(B) Identification of the butane batch as commercial or non-commercial grade butane.

(C) The batch number of the butane.

(D) The date of production of the gasoline produced using the butane batch.

(E) The volume of the butane batch.

(F) The properties of the butane batch specified by the butane supplier, or the properties specified in § 80.82(c) or (d), as appropriate, along with the identification of the test method used to measure those properties.

(G) The volume of the gasoline batch subsequent to the butane blending.

(x) In the case of any imported GTAB, identification of the gasoline as GTAB.

(xi) In the case of pentane blended with reformulated gasoline or RBOB under § 80.85, all the following:

(A) Identification of the pentane batch as complying with the provisions of § 80.85.

(B) Identification of the pentane batch as commercial or non-commercial grade pentane.

(C) The batch number of the pentane.

(D) The company and facility identification numbers of the supplier of the pentane batch.

(E) The date of production of the gasoline produced using the pentane batch.

(F) The volume of the pentane batch.

(G) The properties of the pentane batch specified by the pentane supplier, or the properties specified in § 80.86(a)(3) or (a)(4), as appropriate along with the test method used to measure these properties.

(H) The volume of the gasoline batch subsequent to the pentane blending.

(3) Information pertaining to gasoline produced or imported during 1994 shall be included in the first quarterly report in 1995.

(b) [Reserved]

(c) VOC emissions performance averaging reports.

(1) Any refiner or importer that produced or imported any reformulated gasoline or RBOB under the complex model that was to meet the VOC emissions performance 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 produced or imported during the previous VOC averaging period. Beginning January 1, 2014, the information required by this paragraph (c) shall be submitted with the fourth quarter report pursuant to § 80.75(a)(1)(iv). This information shall be reported separately for the following categories:

(i) Gasoline or RBOB which is designated as VOC-controlled intended for areas in VOC-Control Region 1; and

(ii) Gasoline or RBOB which is designated as VOC-controlled intended for VOC-Control Region 2.

(2) The following information shall be reported:

(i) The total volume of averaged reformulated gasoline or RBOB in gallons;

(ii) The compliance total value for VOC emissions performance; and

(iii) The actual total value for VOC emissions performance.

(d) Benzene content averaging reports. Pursuant to § 80.41(f)(3), for any refiner, refinery or importer not subject to the applicable standards at § 80.41(f)(1), the report required by this paragraph (d) is not required beginning January 1, 2014, or beginning January 1, 2016 for all other refiners.

(1) Any refiner or importer that produced or imported any reformulated gasoline or RBOB that was to meet the benzene content standards on average (“averaged reformulated gasoline”) shall submit to the Administrator, with the fourth quarterly report, a report for each refinery or importer for such averaged reformulated gasoline that was produced or imported during the previous toxics averaging period.

(2) All the following information shall be reported:

(i) The volume of averaged reformulated gasoline or RBOB in gallons.

(ii) The compliance total content of benzene.

(iii) The actual total content of benzene, along with identification of the test methods used to measure the content of benzene.

(iv) The number of benzene credits generated as a result of actual total benzene being less than compliance total benzene.

(v) The number of benzene credits required as a result of actual total benzene being greater than compliance total benzene.

(vi) The number of benzene credits transferred to another refinery or importer.

(vii) The number of benzene credits obtained from another refinery or importer.

(e) Toxics emissions performance averaging reports. Pursuant to § 80.41(f)(3), for any refiner, refinery or importer not subject to the applicable standards at § 80.41(f)(1), the report required by this paragraph (e) is not required beginning January 1, 2014, or beginning January 1, 2016 for all other refiners.

(1) Any refiner or importer that produced or imported any reformulated gasoline or RBOB that was to meet the toxics emissions performance standards on average (“averaged reformulated gasoline”) shall submit to the Administrator, with the fourth quarterly report, a report for each refinery or importer for such averaged reformulated gasoline that was produced or imported during the previous toxics averaging period.

(2) The following information shall be reported:

(i) The volume of averaged reformulated gasoline or RBOB in gallons;

(ii) The compliance value for toxics emissions performance; and

(iii) The actual value for toxics emissions performance.

(f) [Reserved]

(g) NO X emissions performance averaging reports. Pursuant to § 80.41(f)(2), for any refiner, refinery or importer not subject to the applicable standards at § 80.41(f)(1), the report required by this paragraph (g) is not required beginning January 1, 2014.

(1) Any refiner or importer that produced or imported any reformulated gasoline or RBOB that was to meet the NOX emissions performance standard on average (“averaged reformulated gasoline”) shall submit to the Administrator, with the fourth quarterly report, a report for each refinery or importer for such averaged reformulated gasoline that was produced or imported during the previous NOX averaging period.

(2) The following information shall be reported:

(i) The volume of averaged reformulated gasoline or RBOB in gallons;

(ii) The compliance value for NOX emissions performance; and

(iii) The actual value for NOX emissions performance.

(3) The information required by paragraph (g)(2) of this section shall be reported separately for the following categories:

(i) Gasoline and RBOB which is designated as VOC-controlled; and

(ii) Gasoline and RBOB which is not designated as VOC-controlled.

(h) Credit transfer reports. As an additional part of the fourth quarterly report required by this section, any refiner or importer shall, for each refinery or importer, supply the following information for any benzene credits that are transferred from or to another refinery or importer:

(1) The names, EPA-assigned registration numbers and facility identification numbers of the transferor and transferee of the credits;

(2) The number(s) of credits that were transferred; and

(3) The date(s) of the transaction(s).

(i) Covered areas of gasoline use report. Any refiner that produced any reformulated gasoline that was to meet any reformulated gasoline standard on average (“averaged reformulated gasoline”) shall, for each refinery at which such averaged reformulated gasoline was produced, submit to the Administrator, with the fourth quarterly report, a report that contains the identity of each covered area that was supplied with any averaged reformulated gasoline produced at each refinery during the previous year.

(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 § 80.41(q)(2), such importer shall submit separate reports for gasoline imported into facilities subject to different standards.

(k) [Reserved]

(l) Reports for per-gallon compliance gasoline. In the case of reformulated gasoline or RBOB for which compliance with each of the standards set forth in § 80.41 is achieved on a per-gallon basis, the refiner or importer shall submit to the Administrator, by March 31 of each year, a report of the volume of each designated reformulated gasoline or RBOB produced or imported during the previous calendar year for which compliance is achieved on a per-gallon basis, and a statement that each gallon of this reformulated gasoline or RBOB met the applicable standards.

(m) Reports of compliance audits. Any refiner or importer shall submit the report of the compliance audit required by § 80.65(h) to the Administrator by June 1 of each year.

(n) Report submission. The reports required by this section shall be:

(1) Submitted on forms and following procedures specified by the Administrator; and

(2) Signed and certified as correct by the owner or a responsible corporate officer of the refiner or importer.

(o) Additional reporting requirements for refiners that blend butane or pentane with reformulated gasoline or RBOB. For refiners that blend any butane or pentane with reformulated gasoline or RBOB under § 80.82 or § 80.85, the refiner shall submit to the Administrator, by March 31 of each year, a report for the refinery which includes all the following information for the previous calendar year:

(1) The total volume of butane and the total volume of pentane blended with reformulated gasoline or RBOB at the refinery, separately for reformulated gasoline and RBOB.

(2) The total volume of reformulated gasoline or RBOB produced using butane and the total volume of reformulated gasoline or RBOB produced using pentane, separately for reformulated gasoline and RBOB.

(3) A statement that each gallon of reformulated gasoline or RBOB produced using butane or pentane met the applicable per-gallon standards under § 80.41.

(4) A statement that all butane and pentane blended with reformulated gasoline or RBOB at the refinery is included in the volume reported in paragraph (o)(2) of this section.

(p) Reporting requirements for producers and importers of pentane for use by pentane blenders. Any producer of pentane for use by pentane blenders, or importer of pentane for use by a pentane blender that produces or imports any pentane for use by a pentane blender pursuant to the requirements of § 80.86 shall submit annual reports to the Administrator for each facility at which pentane for use by pentane blenders was produced and for all such pentane imported by each importer.

(1) All the following information shall be included in each annual report for each batch of pentane for use by pentane blenders which is produced or imported from January 1 to December 31 of each year:

(i) The batch number.

(ii) The date of production.

(iii) The volume of the batch.

(iv) Whether the batch was produced to the standards for blender-commercial grade pentane pursuant to § 80.86(a)(3) or blender non-commercial grade pentane pursuant to § 80.86(a)(4).

(v) The properties, pursuant to the testing requirements of § 80.86(a)(3) or (a)(4) as applicable.

(vi) A statement that the batch of pentane is composed solely of carbon, hydrogen, oxygen, nitrogen, and sulfur.

(vii) For any importer, the PADD in which the import facility is located.

(2) Each annual report shall include the total volume of blender commercial grade pentane pursuant to § 80.86(a)(3) or blender-non-commercial grade pentane pursuant to § 80.86(a)(4) for the reporting period.

(3) Annual reports shall be submitted by March 31 of each year.

[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36964, July 20, 1994; 60 FR 65574, Dec. 20, 1995; 62 FR 60135, Nov. 6, 1997; 66 FR 67106, Dec. 28, 2001; 71 FR 74569, Dec. 15, 2005; 71 FR 26700, May 8, 2006; 79 FR 23641, Apr. 28, 2014; 80 FR 9094, Feb. 19, 2015]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code

Title 40 published on 2015-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 40 CFR Part 80 after this date.

  • 2015-08-17; vol. 80 # 158 - Monday, August 17, 2015
    1. 80 FR 49164 - Approval of North Carolina's Request To Relax the Federal Reid Vapor Pressure Gasoline Volatility Standard for Mecklenburg and Gaston Counties
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      ENVIRONMENTAL PROTECTION AGENCY
      Direct final rule.
      This rule is effective on October 16, 2015 without further notice, unless EPA receives adverse comment by September 16, 2015. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect.
      40 CFR Part 80