(a) The refinery or importer annual average toxics value is calculated as follows:

(b) The calculation specified in paragraph (a) of this section shall be made separately for each type of gasoline specified at §80.815(b).

(c) The toxics value, Ti, of each batch of gasoline is determined using the Phase II Complex Model specified at §80.45.

(1) The toxics value, Ti, of each batch of reformulated gasoline or RBOB, and the annual average toxics value, Ta, for reformulated gasoline and RBOB, combined, under this subpart are in percent reduction from the statutory baseline described in §80.45(b) and volumes are in gallons.

(2)

(i) The toxics value, Ti, of each batch of conventional gasoline, and the annual average toxics value, Ta, for conventional gasoline under this subpart are in milligrams per mile (mg/mile) and volumes are in gallons.

(ii) Any refiner for any refinery or importer that has received EPA approval of a petition submitted in accordance with the provisions of §80.93(d) shall determine the toxics value, Ti, of each batch of conventional gasoline produced or imported for use in Alaska, and/or Hawaii, the Commonwealth of Puerto Rico, and the Virgin Islands in accordance with §80.101(g)(1)(ii).

(d) All refinery or importer annual average toxics value calculations shall be conducted to two decimal places.

(e) A refiner or importer may include oxygenate added downstream from the refinery or import facility when calculating the toxics value, provided the following requirements are met:

(1) For oxygenate added to conventional gasoline, the refiner or importer shall comply with the requirements of §80.101(d)(4)(ii).

(2) For oxygenate added to RBOB, the refiner or importer shall comply with the requirements of §80.69(a).

(f) Gasoline excluded. Refiners and importers shall exclude from compliance calculations all of the following:

(1) Gasoline that was not produced at the refinery;

(2) In the case of an importer, gasoline that was imported as Certified Toxics-FRGAS under §80.1030;

(3) Blending stocks transferred to others;

(4) Gasoline that has been included in the compliance calculations for another refinery or importer; and

(5) Gasoline exempted from standards under §80.820.

[66 FR 17263, Mar. 29, 2001, as amended at 72 FR 60581, Oct. 25, 2007]