United States Air and Radiation EPA420-F-00-030
Environmental Protection August 2000
Agency
Office of Transportation and Air Quality
Program
Update
Baseline Requirements for Gasoline
Produced by Foreign Refiners
Background
On August 27, 1997, EPA promulgated final regulations revising
requirements for imported conventional gasoline. (See "Regulation of
Fuels and Fuel Additives: Baseline Requirements for Gasoline Produced
by Foreign Refiners," 62 Fed. Reg. 45533 (August 28, 1997)). These
revisions allow foreign refiners of conventional gasoline (CG) to petition
EPA for establishment of an individual baseline, reflecting the quality
and quantity of gasoline produced and shipped to the United States in
1990. Foreign refiners must meet the same requirements related to the
establishment and use of individual baselines as domestic refiners.
However, foreign refiners are subject to additional requirements that
address issues unique to refineries located outside the United States,
namely those related to tracking the movement of gasoline from the
refinery to the United States, monitoring compliance with the
requirements applicable to foreign refiners, and imposing appropriate
sanctions for violations. EPA also adopted specific provisions to ensure
that the optional use of an individual baseline by foreign refiners would
not lead to adverse environmental impacts. This involves monitoring the
average quality of imported gasoline, and if a specified benchmark is
exceeded, remedial action is taken. This ensures the environmental
neutrality of these baseline provisions. This notice describes EPA's
initial steps in implementing this monitoring and remedial provision.
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EPA is required to monitor the emissions levels of imported CG over the
prior three year period, and compare the average NOx (oxides of
nitrogen) emissions levels of this gasoline to a benchmark value. The
benchmark value for NOx is set at 1465 mg/mile, the volume weighted
average of the individual baselines for domestic refiners of CG. If the
average for imported CG exceeds this benchmark, the Administrator is
required to calculate an adjusted NOx baseline. This adjusted, more
stringent NOx baseline would then apply to importers of CG who
otherwise would be subject to the statutory baseline for NOx. Further
adjustments to the baseline would be made each year, as appropriate,
depending on whether the average NOx emissions levels for imported
CG exceeds or is below the benchmark. For a more detailed description
of these NOx baseline provisions, please see 40 CFR § 80.94(p), and 62
Fed. Reg. 45533, 45541 - 45543 (August 28, 1997).
The initial averaging period, instead of three years, covers all CG
imported during 1998 and 1999, as well as certain batches of CG
imported during 1997, as described in § 80.94(p)(l)(iii)(A). For
purposes of this initial averaging period, we have considered only CG
imported after January 1, 1998, since no gasoline covered by this
requirement was imported during!997.
&
EPA has completed an analysis of the emissions data reported to us by
importers and foreign refiners, for CG imported during this time period.
The analysis indicates that the volume weighted average NOx emissions
value for the imported CG is 1374.44 mg/mile. Since this value does
not exceed the benchmark value of 1465 mg/mile, no adjustment to the
baseline for importers of CG is appropriate under 40 CFR 80.94(p)(2).
EPA plans to issue a Federal Register notice in the near future that will
discuss this in more detail.
For
Please feel free to contact Anne-Marie Pastorkovich at (202) 564-8987
or Marilyn Bennett at (202) 564-8989 for further information.
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