(a) Credit generation in 2000 through 2003.

(1) Credits may be generated in 2000 through 2003 under §80.305 by refiners who produce gasoline from crude oil, and are:

(i) Refiners who establish a sulfur baseline under §80.295 for a refinery;

(ii) Foreign refiners for refineries with an approved baseline under §80.94, or refineries with baselines established in accordance with §80.290(d); or

(iii) Small refiners for any refinery subject to the standards under §80.240, using their small refiner baseline established under §80.250 for that refinery.

(2) Importers and oxygenate blenders may not generate credits under §80.305.

(b) Credit generation beginning in 2004.

(1) Credits may be generated beginning in 2004 under §80.310 by:

(i) Refiners for any refinery, and importers subject to the standards under §80.195;

(ii) Refiners and importers of gasoline designated as GPA gasoline under §80.219, using the least of 150.00 ppm, or the refinery's or importer's 1997-98 baseline calculated under §80.295 plus 30.00 ppm, or the refinery's lowest annual average sulfur level for any year from 2000 through 2003 during which the refinery generated credits or allotments plus 30.00 ppm (for any party generating credits under both paragraphs (b)(1)(i) of this section and this paragraph (b)(1)(ii), such credits must be calculated separately); or

(iii) Small refiners for any refinery subject to the standards under §80.240, using refinery's standard established under §80.240.

(2) Generation of credits under §80.310 for all imported gasoline shall be through the importer.

(3) Oxygenate blenders may not generate credits under §80.310.

[65 FR 6823, Feb. 10, 2000, as amended at 66 FR 19307, Apr. 13, 2001; 67 FR 40183, June 12, 2002; 71 FR 54912, Sept. 20, 2006]