Reformulated and Conventional Gasoline Reports

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5431-8]

Reformulated and Conventional Gasoline Reports

AGENCY: Environmental Protection Agency (EPA).

ACTION: Extension of deadline for submission of reports.

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SUMMARY: EPA is announcing that it will allow refiners, importers and

oxygenate blenders until March 31, 1996 to submit certain reformulated

and conventional gasoline reports required for calendar year 1995.

These reports under 40 CFR 80.75 and 80.105 would otherwise be due on

or before February 29, 1996. Because of unforeseen circumstances beyond

its control, EPA has been delayed in developing and distributing the

materials and guidance necessary for preparing certain reports for the

1995 reporting year. EPA will allow the submission by March 31, 1996 in

order to give parties adequate time to prepare and submit complete and

accurate reports.

FOR FURTHER INFORMATION CONTACT: Mr. Peter Lidiak, U.S. EPA, Office of

Air & Radiation, 401 M Street, S.W., (6406-J), Washington DC 20460.

Telephone: 202-233-9026.

SUPPLEMENTARY INFORMATION:

I. Background

On December 15, 1993, EPA promulgated regulations implementing the

reformulated and conventional gasoline program required by section

211(k) of the Clean Air Act. This program establishes standards for the

quality of gasoline produced or imported beginning in 1995, and

includes requirements that refiners, importers and oxygenate blenders

(gasoline producers) must submit periodic reports to EPA in order to

demonstrate compliance with these standards.

Under 40 CFR 80.75, producers of reformulated gasoline are required

to submit certain reports quarterly while other reports must be

submitted on an annual basis. The reformulated gasoline reports that

must be submitted on an annual basis 1 include the following:

\1\ The averaging reports for RVP, oxygen and benzene, and

toxics, VOC and NOx emissions performance are required only for

producers who elected to meet these standards on average, as opposed

to a per-gallon basis. The credit transfer report is required only

for a producers who were the transferor or transferee of oxygen or

benzene credits. The covered area report is required only for

producers who met one or more standard on average. The per-gallon

compliance report is required only for producers who met one or more

standard on a per-gallon basis.

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Reid vapor pressure (RVP) averaging report, Sec. 80.75(b)(1);

2 sulfur, T-90 and olefin averaging report, Sec. 80.75(b)(2); VOC

emissions performance averaging report, Sec. 80.75(c); 3 benzene

averaging report, Sec. 80.75(d); toxics emissions performance averaging

report, Sec. 80.75(e); oxygen averaging report, Sec. 80.75(f); NOx

emissions performance averaging report, Sec. 80.75(g); credit transfer

report, Sec. 80.75(h); covered area report, Sec. 80.75(I); and per-

gallon compliance report, Sec. 80.75(l).

\2\ The RVP annual averaging report must be submitted with the

third quarter report, which is due on or before November 30 each

year. As a result, the forms and instructions for this report were

prepared by EPA prior to November 30, 1995, and the RVP annual

averaging report is unaffected by this Notice.

\3\ The VOC emissions performance annual average report, which

must be filed with the third quarter report due on or before

November 30, is not affected by this Notice.

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Under 40 CFR 80.105, all producers of non-reformulated, or

conventional, gasoline are required to submit annual reports. Both

Secs. 80.75 and Sec. 80.105 require that reports must be submitted on

forms, and following procedures, specified by the EPA Administrator.

[[Page 7791]]

EPA previously has provided forms and procedures regarding the

quarterly reporting on reformulated gasoline and on the annual reports

submitted with the third quarterly report, and producers have submitted

these reports during 1995. Nevertheless, the report for the fourth

quarter of 1995, which is due to be filed on or before February 29,

1996, also may be filed by March 31, 1996, along with the annual

averaging reports for 1995. EPA had anticipated processing the annual

averaging reports for 1995 along with the fourth quarter 1995 reports,

and believes confusion may be avoided if all these reports have the

same filing deadline.

The annual reports for both reformulated and conventional gasoline

which are due to be filed on or before February 29, 1996, and the

reports for the fourth quarter of 1995 due on this same date, are the

subject of this Notice.

II. Additional Time to Submit Annual Reports for 1995

Since October 1, 1995, EPA has been operating under a series of

continuing funding resolutions. On two separate occasions these

continuing resolutions have lapsed, resulting in shutdowns of

operations at EPA. These shutdowns have totaled 17 working days.

Further, in January, 1996, EPA's Washington, D.C. area offices were

closed for four days due too severe inclement weather conditions.

During the shutdowns EPA was not able to work on developing the forms

and procedures for submitting reformulated and conventional gasoline

annual reports. EPA also was unable to work on these tasks during the

four days of closure due to the inclement weather because this work is

performed in EPA Headquarters in Washington, D.C.

These shutdowns have resulted in delays in finalizing and

distributing the reporting forms and instructions beyond EPA's intended

distribution date, and, in consequence, gasoline producers may not have

sufficient time to prepare and submit their reports by February 29,

1996. This is particularly true because regulated parties have not

previously prepared or submitted these kinds of annual reports. In

addition, EPA believes that the delay in the distribution of the

reporting package may create concern in the regulated community

regarding potential enforcement actions, including civil penalties, for

those gasoline producers submitting reports that may contain errors as

a result of the late distribution of the EPA reporting package or

reporting after the February 29, 1996, deadline.

In recognition of the importance to industry and the public that

gasoline producers submit complete and accurate reformulated and

conventional gasoline annual reports, and the value to EPA of obtaining

this information in a consistent format, EPA is allowing all refiners,

importers and oxygenate blenders an additional month, until March 31,

1996, to submit their 1995 reformulated and conventional gasoline

annual reports. However, annual reports for 1995 that are filed after

March 31, 1996, will be subject to EPA enforcement action, where

appropriate. In addition, the regulated parties will be allowed to

submit the reports for the fourth quarter of 1995, otherwise due on

February 29, 1996, no later than March 31, 1996.

This allowance of additional time for reporting applies only to the

reformulated and conventional gasoline reports otherwise due on

February 29, 1996, covering calendar year 1995. Nothing in this notice

shall be construed to apply to any other reformulated or conventional

gasoline reporting obligations, or to any reformulated or conventional

gasoline reports due for future reporting years.

For the reasons stated above, EPA is issuing this notice without

prior notice and an opportunity to comment. In addition, if this action

were to be construed as rulemaking subject to either section 307 of the

Clean Air Act or section 553 of the Administrative Procedures Act, for

the reasons stated above, EPA has determined that notice and an

opportunity for public comment are impracticable and unnecessary.

Providing for public comment might further delay reporting, and,

because there is no substantive change in the reporting obligation,

other than allowing an additional month, the public will continue to

receive the same information, though slightly delayed. Also, public

comment would not further inform EPA's decision because the events

giving rise to the need to provide extra time for reporting have

already occurred. In addition, additional notice and comment procedures

in this situation would be contrary to the public interest in timely

and accurate reporting of data under section 211(k) of the Clean Air

Act and 40 CFR 80.75 and 80.105.

Dated: February 23, 1996.

Mary D. Nichols,

Assistant Administrator for Air and Radiation.

[FR Doc. 96-4695 Filed 2-28-96; 8:45 am]

BILLING CODE 6560-50-P