(a) Credit generation in 2000 through 2003. (1) Credits may be generated in 2000 through 2003 under Sec. 80.305 by refiners who produce gasoline from crude oil, and are:
(1) Credits may be generated in 2000 through 2003 under Sec. 80.305 by refiners who produce gasoline from crude oil, and are:
(i) Refiners who establish a sulfur baseline under Sec. 80.295 for a refinery;
(ii) Foreign refiners for refineries with an approved baseline under Sec. 80.94, or refineries with baselines established in accordance with Sec. 80.290(d); or
(iii) Small refiners for any refinery subject to the standards under Sec. 80.240, using their small refiner baseline established under Sec. 80.250 for that refinery.
(2) Importers and oxygenate blenders may not generate credits under Sec. 80.305.
(b) Credit generation beginning in 2004. (1) Credits may be generated beginning in 2004 under Sec. 80.310 by:
(1) Credits may be generated beginning in 2004 under Sec. 80.310 by:
(i) Refiners for any refinery, and importers subject to the standards under Sec. 80.195;
(ii) Refiners and importers of gasoline designated as GPA gasoline under Sec. 80.219, using the least of 150.00 ppm, or the refinery's or importer's 1997-98 baseline calculated under Sec. 80.295 plus 30.00 ppm, or the refinery's lowest annual average sulfur level for any year from 2000 through 2003 during which the refinery generated credits or allotments plus 30.00 ppm (for any party generating credits under both paragraphs (b)(1)(i) of this section and this paragraph (b)(1)(ii), such credits must be calculated separately); or
(iii) Small refiners for any refinery subject to the standards under Sec. 80.240, using refinery's standard established under Sec. 80.240.
(2) Generation of credits under Sec. 80.310 for all imported gasoline shall be through the importer.
(3) Oxygenate blenders may not generate credits under Sec. 80.310. [65 FR 6823, Feb. 10, 2000, as amended at 66 FR 19307, Apr. 13, 2001; 67 FR 40183, June 12, 2002; 71 FR 54912, Sept. 20, 2006]