(a) For purposes of this subpart, a refinery's motor vehicle diesel fuel volume baseline is calculated using the following equation:

eCFR graphic er18ja01.007.gif

Where:

Vbase = Volume baseline value, in gallons.

Vi = Volume of motor vehicle diesel fuel batch i, in gallons.

n = Total number of batches of motor vehicle diesel fuel produced for U.S. use during January 1, 1998 through December 31, 1999 (or the total number of batches of motor vehicle diesel fuel produced during the most recent calendar year the refinery was in operation after being reactivated pursuant to §80.595(c)(6)); or, for a foreign refinery, the total number of batches of motor vehicle diesel fuel produced and imported into the U.S. during January 1, 1998 through December 31, 1999 (or the total number of batches of motor vehicle diesel fuel produced and imported into the U.S. during the most recent calendar year the refinery was in operation after being reactivated pursuant to §80.595(c)(6)).

i = Individual batch of motor vehicle diesel fuel produced during January 1, 1998 through December 31, 1999 (or individual batch of motor vehicle diesel fuel produced during the most recent calendar year the refinery was in operation after being reactivated pursuant to §80.595(c)(6)); or, for a foreign refinery, individual batch of motor vehicle diesel fuel produced and imported into the U.S. during January 1, 1998 through December 31, 1999 (or individual batch of motor vehicle diesel fuel produced and imported into the U.S. during the most recent calendar year the refinery was in operation after being reactivated pursuant to §80.595(c)(6)).

m = Number of months in the baseline period (24 except in the case of a startup or reactivation).

(b) If insufficient information is available for the Administrator to establish a baseline under paragraph (a) of this section, the baseline may be determined under the provisions of §80.595(f).

[66 FR 5136, Jan. 18, 2001, as amended at 70 FR 40896, July 15, 2005]


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