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Reformulated and Conventional Gasoline Reports
[Federal Register: February 29, 1996 (Volume 61, Number 41)] [Notices] [Page 7790-7791] From the Federal Register Online via GPO Access [wais.access.gpo.gov]
ENVIRONMENTAL PROTECTION AGENCY [FRL-5431-8] Reformulated and Conventional Gasoline Reports AGENCY: Environmental Protection Agency (EPA). ACTION: Extension of deadline for submission of reports.
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 <SUP>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.
Reid vapor pressure (RVP) averaging report, Sec. 80.75(b)(1); <SUP>2 sulfur, T-90 and olefin averaging report, Sec. 80.75(b)(2); VOC emissions performance averaging report, Sec. 80.75(c); <SUP>3 benzene averaging report, Sec. 80.75(d); toxics emissions performance averaging report, Sec. 80.75(e); oxygen averaging report, Sec. 80.75(f); NO<INF>x emissions performance averaging report, Sec. 80.75(g); credit transfer report, Sec. 80.75(h); covered area report, Sec. 80.75(I); and pergallon 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.
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