(a) A refinery's or importer's compliance with the annual average benzene standard at Sec. 80.1230(a) is determined as follows:
(1)(i) The compliance benzene value for a refinery or importer is:
(i) The compliance benzene value for a refinery or importer is:
[GRAPHIC] [TIFF OMITTED] TR26FE07.013
Where: CBVy = Compliance benzene value (gallons benzene) for year y.Vy = Gasoline volume produced or imported in year y
(gallons).Bavg,y = Average benzene concentration in year y (volume
percent benzene), calculated in accordance with Sec. 80.1238.Dy-1 = Benzene deficit from the previous reporting period,
per Sec. 80.1230(c) (gallons benzene).BC = Banked benzene credits used to show compliance (gallons benzene).OC = Benzene credits obtained by the refinery or importer used to show
compliance (gallons benzene).
(ii) Benzene credits used in the calculation specified in paragraph (a)(1)(i) of this section must be used in accordance with the requirements at Sec. 80.1295.
(2)(i) If CBVy <=Vy x (0.62)/100, then compliance with the benzene requirement at Sec. 80.1230(a) is achieved for calendar year y.
(i) If CBVy <=Vy x (0.62)/100, then compliance with the benzene requirement at Sec. 80.1230(a) is achieved for calendar year y.
(ii) If CBVy Vy x (0.62)/100, then compliance with the benzene requirement at Sec. 80.1230(a) is not achieved for calendar year y, and a deficit is created per Sec. 80.1230(c). The deficit value to be included in the following year's compliance calculation per paragraph (a) of this section is calculated as follows:[GRAPHIC] [TIFF OMITTED] TR26FE07.014 Where: Dy = Benzene deficit created in compliance period y (gallons
benzene).
(b) Compliance with the maximum average benzene standard at Sec. 80.1230(b) is achieved by a refinery or importer if the value of Bavg calculated in accordance with Sec. 80.1238(a) is no greater 1.30 volume percent for an applicable averaging period per Sec. 80.1230(b)(3).
Averaging, Banking and Trading (ABT) Program