EPA eyes changes for RFG imports

The U.S. Environmental Protection Agency has proposed revisions to the requirements for importing gasoline into the U.S., in response to the Apr. 29, 1996, World Trade Organization (WTO) finding that current U.S. rules discriminate against imported gasoline.

The 1990 Clean Air Act amendments set requirements for reformulated gasoline (RFG), and to ensure that pollutants from the manufacture of RFG weren't "dumped" into conventional gasoline, required that conventional gasoline emissions not exceed 1990 levels.

EPA allowed U.S. refiners to establish individual refinery baselines using 1990 data, but because it could not verify baselines for blenders and importers, they were assigned a statutory baseline based on average gasoline quality in 1990.

Venezuela and Brazil protested to WTO that the statutory baseline discriminated against them.

Revisions

EPA said the revisions would allow any foreign refiner to petition EPA for an individual baseline reflecting the volume and quality of gasoline shipped to the U.S. in 1990.

The foreign refiner then would be required to meet the same requirements relating to the establishment and use of individual refinery baselines as are met by U.S. refiners. EPA will publish the rule soon in the Federal Register.

EPA said, "The proposed rulemaking would be consistent with the agency's commitment to fully protect public health and the environment and with the U.S. commitment to ensure that the regulation is consistent with the obligations of the U.S. under the WTO."

It said additional requirements are also being proposed to address certain issues that are unique to refiners and refineries outside the U.S., including tracking the movement of gasoline from the refinery to the U.S. border, monitoring compliance with requirements that apply to parties outside the U.S., and enforcement actions to correct violations.

EPA said it also will propose monitoring the quality of imported gasoline. "If the average quality of imported gasoline is lower than the average baseline set for domestic refiners, then EPA would adjust the standards for imported gasoline."

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