80.270—Can a refiner seek temporary relief from the requirements of this subpart?
(a)
EPA may permit a refiner to produce and distribute gasoline which does not meet the requirements of this subpart if the refiner demonstrates that:
(1)
Unusual circumstances exist that impose extreme hardship and significantly affect ability to comply by the applicable date; and
(2)
It has made best efforts to comply with the requirements of this subpart (including making efforts to obtain credits and/or allotments).
(b)
Applications must be submitted to EPA by September 1, 2000. Relief may be granted from some or all of the requirements of this subpart, at EPA's discretion; however, EPA reserves the right to deny applications for appropriate reasons, including unacceptable environmental impact. Approval to distribute gasoline which does not meet the requirements of this subpart may be granted for such time period as EPA determines is appropriate, but shall not extend beyond January 1, 2008.
(c)
(1)
Applications must include a plan demonstrating how the refiner will comply with the requirements of this subpart as expeditiously as possible. The plan shall include a showing that contracts are or will be in place for engineering and construction of desulfurization equipment, a plan for applying for and obtaining any permits necessary for construction, a description of plans to obtain necessary capital, and a detailed estimate of when the requirements of this subpart will be met.
(2)
Applications must include a detailed description of the refinery configuration and operations, including, at a minimum, the following information:
(iii)
Estimated capital investment needed to comply with the requirements of this subpart by the applicable date.