(a) The compliance baseline to which annual average toxics values are compared according to Sec. 80.815(a) is calculated according to the following equation:[GRAPHIC] [TIFF OMITTED] TR29MR01.001 Where: TCBase = Compliance baseline toxics value.TBase = Baseline toxics value for the refinery or importer,
calculated according to Sec. 80.915(b)(1).VBase = Baseline volume for the refinery or importer,
calculated according to Sec. 80.915(b)(2).TExist = Existing toxics standard, per paragraph (b) of this
section.Vinc = Volume of gasoline produced during the averaging
period in excess of VBase.
(b) The value of existing toxics standard, TExist, is equal to:
(1) 21.5 percent, for reformulated gasoline and RBOB, combined;
(2) The refinery's or importer's anti-dumping compliance baseline value for exhaust toxics, in mg/mi, per Sec. 80.101(f), for conventional gasoline.
(c) Any refiner for any refinery or importer with an approved anti-dumping baseline under Sec. 80.93(d) for gasoline produced or imported for use in Alaska, and/or Hawaii, the Commonwealth of Puerto Rico, and the Virgin Islands, and for which a conventional gasoline baseline toxics value for such gasoline can be determined according to Sec. 80.915(b)(1), shall determine its compliance baseline applicable to such gasoline according to the following equation:[GRAPHIC] [TIFF OMITTED] TR25OC07.002 Where: TCBase = Compliance baseline toxics value. TBase = Baseline toxics value for the refinery or importer,
calculated according to Sec. 80.915(b)(1) for all gasoline
except gasoline produced or imported for use in Alaska,
Hawaii, the Commonwealth of Puerto Rico, and the Virgin
Islands.VBase = Baseline volume for the refinery or importer,
calculated according to Sec. 80.915(b)(2) for all gasoline
except gasoline produced or imported for use in Alaska,
Hawaii, the Commonwealth of Puerto Rico, and the Virgin
Islands.TExist = The refinery's or importer's anti-dumping compliance
baseline value for exhaust toxics, in mg/mi, per
Sec. 80.101(f) for all gasoline except gasoline produced or
imported for use in Alaska, Hawaii, the Commonwealth of Puerto
Rico, and the Virgin Islands.VInc = Volume of gasoline produced or imported, excluding the
volume of gasoline produced or imported for use in Alaska,
Hawaii, the Commonwealth of Puerto Rico, and the Virgin
Islands during the averaging period, which is in excess of
VBase.TSBase = Baseline toxics value for the refinery or importer,
calculated according to Sec. 80.915(e)(2)(i) for gasoline
produce or imported for use in Hawaii, the Commonwealth of
Puerto Rico, and the Virgin Islands.VSBase = Baseline volume for the refinery or importer,
calculated according to Sec. 80.915(e)(2)(ii) for gasoline
produce or imported for use in Hawaii, the Commonwealth of
Puerto Rico, and the Virgin Islands.TSExist = The refinery's or importer's anti-dumping
compliance baseline value for exhaust toxics, in mg/mi, per
Sec. 80.101(f) for gasoline produce or imported for use in
Hawaii, the Commonwealth of Puerto Rico, and the Virgin
Islands.VSInc = Volume of gasoline produced or imported for use in
Hawaii, the Commonwealth of Puerto Rico, and the Virgin
Islands during the averaging period which is in excess of
VSBase.TWBase = Baseline toxics value for the refinery or importer,
calculated according to Sec. 80.915(e)(1)(i) for gasoline
produce or imported for use in Alaska.VWBase = Baseline volume for the refinery or importer,
calculated according to Sec. 80.915(e)(1)(ii) for gasoline
produce or imported for use in Alaska.TWExist = The refinery's or importer's anti-dumping
compliance baseline value for exhaust toxics, in mg/mi, per
Sec. 80.101(f) for gasoline produce or imported for use in
Alaska.VWInc = Volume of gasoline produced or imported for use in
Alaska during the averaging period which is in excess of
VWBase.
(d) If the refinery or importer produced less gasoline during the compliance period than its applicable baseline volume, the value of Vinc, VSInc or VWInc, as applicable, will be zero. [66 FR 17263, Mar. 29, 2001, as amended at 72 FR 60581, Oct. 25, 2007]