(a)

(1) A refinery may comply with the benzene requirements at §80.1230 for its RFG and/or conventional gasoline (CG) prior to the 2011 compliance period if it applies for this early compliance option as specified in paragraph (b) of this section, and is approved by EPA.

(2) Only refineries that produce gasoline by processing crude and/or intermediate feedstocks through refinery processing units may apply for this early compliance option.

(b) Refiners must submit an application in order to be considered for early compliance as described in this section.

(1) Applications for early compliance as described in this section must be submitted to EPA by December 31, 2007.

(2) Applications must be sent to: U.S. EPA, NVFEL-ASD, Attn: MSAT2 Early Compliance, 2000 Traverwood Dr., Ann Arbor, MI 48105.

(3) Application must be made separately for a refinery's RFG and CG pools.

(4) The early compliance application must show that all the following criteria are met:

(i) For an RFG early compliance application—

(A) The refinery's RFG baseline value under §80.915 is greater than or equal to 30 percent reduction.

(B) The refinery's 2003 RFG annual average benzene concentration was less than or equal to 0.62 vol%.

(C) The refinery's 2003 RFG annual average sulfur concentration was less than or equal to 140 ppm.

(D) The refinery's 2003 RFG annual average MTBE concentration was greater than or equal to 6 vol%.

(ii) For a CG early compliance application—

(A) The refinery's CG baseline under §80.915 is less than or equal to 80 mg/mile.

(B) The refinery's 2003 CG annual average benzene concentration was less than or equal to 0.62 vol%.

(C) The refinery's 2003 CG annual average sulfur concentration was less than or equal to 140 ppm.

(D) The refinery's 2003 CG annual average MTBE concentration was greater than or equal to 6 vol%.

(5) In addition, the application must demonstrate that the refinery has extremely limited ability to adjust its operations in order to comply with its applicable RFG or CG toxics performance requirements under §80.815.

(6) The refiner must provide additional information as requested by EPA.

(c)

(1) If approved for early compliance with the provisions of this subpart, the refinery may comply with the provisions of §80.1230 as follows:

(i) For the compliance period beginning January 1, 2007, and each annual compliance period through 2010; or

(ii) For the compliance period beginning January 1, 2008, and each annual compliance period through 2010.

(2) The refinery must notify EPA under which compliance period specified in paragraph (c)(1) of this section it will begin compliance.

(3) Beginning with the compliance period chosen pursuant to paragraph (c)(2) of this section—

(i) For early compliance approved for a refinery's RFG pool, the toxics air pollutants emissions performance requirements specified in §§80.41(e)(1) and (f)(1) and 80.815 shall not apply to the reformulated gasoline produced by the refinery.

(ii) For early compliance approved for a refinery's CG pool, the annual average exhaust toxics emissions requirements specified in §§80.101(c)(2) and 80.815 shall not apply to conventional gasoline produced by the refinery.

(4) Refineries approved for early compliance under this section may not generate early credits under §80.1275.

(d) If EPA finds that a refiner provided false or inaccurate information in its application for early compliance, the early compliance approval will be void ab initio.