(a)

(1) In the case of a small refiner approved under §80.1340 for which compliance with the requirement at §80.1230(a) would be feasible only through the purchase of credits, but for whom purchase of credits is not practically or economically feasible, EPA may approve a delay of the requirements applicable to the first compliance period for that refiner for up to two years.

(2) No delay in accordance with paragraph (a) of this section will be granted to any small refiner prior to the EPA issuing a review of the credit program.

(3) A small refiner may request one or more extensions of an approved delay if it can continue to demonstrate extreme difficulty in achieving compliance, through the use of credits, with the annual average benzene standard at §80.1230(a).

(b) In the case of a small refiner approved under §80.1340 for which compliance with the maximum average benzene requirement at §80.1230(b) is not feasible, the refiner may apply for hardship relief under §80.1335.