[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