(a) A refiner for any refinery, or an importer, may generate credits in 2004 and thereafter if the annual average sulfur level for gasoline produced or imported for the averaging period is less than 30.00 ppm; or, for refiners that are subject to the small refiner standards in §80.240, the small refiner annual average sulfur standard applicable to that refinery; or, for refiners and importers subject to the GPA standards in §80.216, the least of 150.00 ppm, or the refinery's or importer's 1997-1998 sulfur level 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.
(b) Credits are calculated as follows:
CRa = Va × (SCredit − Sa)
Where:
CRa = Credits generated for the averaging period.
Va = Total annual volume of gasoline produced at a refinery or imported during the averaging period.
SCredit = 30.00 ppm; or the sulfur standard for a small refinery established under §80.240; or, for gasoline designated as GPA gasoline under §80.219, the least of 150.00 ppm, or the refinery's or importer's 1997-1998 sulfur level 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.
Sa = Actual annual average sulfur level, calculated in accordance with the provisions of §80.205, for gasoline produced at a refinery or imported during the averaging period, exclusive of any credits.
(c) Credits generated in accordance with this section must be identified by the year of creation.
[65 FR 6823, Feb. 10, 2000, as amended at 66 FR 19308, Apr. 13, 2001; 67 FR 40184, June 12, 2002; 71 FR 54912, Sept. 20, 2006]
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