Extensions of the small refiner temporary exemption.
Extensions of the small refiner temporary exemption.
(1) A small refiner may apply for an extension of the temporary exemption of paragraph (c)(1) of this section based on a showing of all the following:
(1) A small refiner may apply for an extension of the temporary exemption of paragraph (c)(1) of this section based on a showing of all the following:
(i) Circumstances exist that impose disproportionate economic hardship on the refiner and significantly affects the refiner's ability to comply with the RFS standards.
(ii) The refiner has made best efforts to comply with the requirements of this subpart.
(2) A refiner must apply, and be approved, for small refiner status under this section.
(3) A small refiner's hardship application must include all the following information:
(i) A plan demonstrating how the refiner will comply with the requirements of § 80.1405 (and all other requirements of this subpart applicable to obligated parties), as expeditiously as possible.
(ii) A detailed description of the refinery configuration and operations including, at a minimum, all the following information:
(A) The refinery's total crude capacity.
(B) Total crude capacity of any other refineries owned by the same entity.
(C) Total volume of gasoline and diesel produced at the refinery.
(D) Detailed descriptions of efforts to comply.
(E) Bond rating of the entity that owns the refinery.
(F) Estimated investment needed to comply with the requirements of this subpart M.
(4) A small refiner shall notify EPA in writing of any changes to its situation between approval of the extension application and the end of its approved extension period.
(5) EPA may impose reasonable conditions on extensions of the temporary exemption, including reducing the length of such an extension, if conditions or situations change between approval of the application and the end of the approved extension period.
(i) Small refiner status verification letters, small refiner exemption waivers, or applications for extensions of the small refiner temporary exemption under this section must be sent to the attention of “RFS Program” to the address in § 80.10(a).