[Federal Register Volume 61, Number 41 (Thursday, February 29, 1996)]
[Notices]
[Pages 7790-7791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4695]
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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
