[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2019 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 40
Protection of Environment
________________________
Part 80
Revised as of July 1, 2019
Containing a codification of documents of general
applicability and future effect
As of July 1, 2019
Published by the Office of the Federal Register
National Archives and Records Administration as a
Special Edition of the Federal Register
[[Page ii]]
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 40:
Chapter I--Environmental Protection Agency
(Continued) 3
Finding Aids:
Table of CFR Titles and Chapters........................ 685
Alphabetical List of Agencies Appearing in the CFR...... 705
List of CFR Sections Affected........................... 715
[[Page iv]]
----------------------------
Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 40 CFR 80.1 refers
to title 40, part 80,
section 1.
----------------------------
[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
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parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
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LEGAL STATUS
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
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OMB CONTROL NUMBERS
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Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
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(a) The incorporation will substantially reduce the volume of
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(b) The matter incorporated is in fact available to the extent
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(c) The incorporating document is drafted and submitted for
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What if the material incorporated by reference cannot be found? If
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CFR INDEXES AND TABULAR GUIDES
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alphabetical list of agencies publishing in the CFR are also included in
this volume.
[[Page vii]]
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Oliver A. Potts,
Director,
Office of the Federal Register
July 1, 2019
[[Page ix]]
THIS TITLE
Title 40--Protection of Environment is composed of thirty-seven
volumes. The parts in these volumes are arranged in the following order:
Parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-
52.2019), part 52 (52.2020-end of part 52), parts 53-59, part 60 (60.1-
60.499), part 60 (60.500-end of part 60, sections), part 60
(Appendices), parts 61-62, part 63 (63.1-63.599), part 63 (63.600-
63.1199), part 63 (63.1200-63.1439), part 63 (63.1440-63.6175), part 63
(63.6580-63.8830), part 63 (63.8980-end of part 63), parts 64-71, parts
72-79, part 80, part 81, parts 82-86, parts 87-95, parts 96-99, parts
100-135, parts 136-149, parts 150-189, parts 190-259, parts 260-265,
parts 266-299, parts 300-399, parts 400-424, parts 425-699, parts 700-
722, parts 723-789, parts 790-999, parts 1000-1059, and part 1060 to
end. The contents of these volumes represent all current regulations
codified under this title of the CFR as of July 1, 2019.
Chapter I--Environmental Protection Agency appears in all thirty-
seven volumes. OMB control numbers for title 40 appear in Sec. 9.1 of
this chapter.
Chapters IV-VIII--Regulations issued by the Environmental Protection
Agency and Department of Justice, Council on Environmental Quality,
Chemical Safety and Hazard Investigation Board, Environmental Protection
Agency and Department of Defense; Uniform National Discharge Standards
for Vessels of the Armed Forces, and the Gulf Coast Ecosystem
Restoration Council appear in volume thirty seven.
For this volume, Gabrielle E. Burns was Chief Editor. The Code of
Federal Regulations publication program is under the direction of John
Hyrum Martinez, assisted by Stephen J. Frattini.
[[Page 1]]
TITLE 40--PROTECTION OF ENVIRONMENT
(This book contains part 80)
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Part
chapter i--Environmental Protection Agency (Continued)...... 80
[[Page 3]]
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
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Editorial Note: Nomenclature changes to chapter I appear at 65 FR
47324, 47325, Aug. 2, 2000; 66 FR 34375, 34376, June 28, 2001; and 69 FR
18803, Apr. 9, 2004.
SUBCHAPTER C--AIR PROGRAMS (CONTINUED)
Part Page
80 Regulation of fuels and fuel additives...... 5
[[Page 5]]
SUBCHAPTER C_AIR PROGRAMS (CONTINUED)
PART 80_REGULATION OF FUELS AND FUEL ADDITIVES--Table of Contents
Subpart A_General Provisions
Sec.
80.1 Scope.
80.2 Definitions.
80.3 Test methods.
80.4 Right of entry; tests and inspections.
80.5 Penalties.
80.7 Requests for information.
80.8 Sampling methods for gasoline, diesel fuel, fuel additives, and
renewable fuels.
80.9 Rounding a test result for determining conformance with a fuels
standard.
Subpart B_Controls and Prohibitions
80.20-80.21 [Reserved]
80.22 Controls and prohibitions.
80.23 Liability for violations.
80.24 Controls applicable to motor vehicle manufacturers.
80.25 [Reserved]
80.26 Confidentiality of information.
80.27 Controls and prohibitions on gasoline volatility.
80.28 Liability for violations of gasoline volatility controls and
prohibitions.
80.29 Controls and prohibitions on diesel fuel quality.
80.30 Liability for violations of diesel fuel control and prohibitions.
80.32 Controls applicable to liquefied petroleum gas retailers and
wholesale purchaser-consumers.
80.33 Controls applicable to natural gas retailers and wholesale
purchaser-consumers.
Subpart C_Oxygenated Gasoline
80.35 Labeling of retail gasoline pumps; oxygenated gasoline.
80.36-80.39 [Reserved]
Subpart D_Reformulated Gasoline
80.40 Fuel certification procedures.
80.41 Standards and requirements for compliance.
80.42 Simple emissions model.
80.43-80.44 [Reserved]
80.45 Complex emissions model.
80.46 Measurement of reformulated gasoline fuel parameters.
80.47 Performance-based Analytical Test Method Approach.
80.48 Augmentation of the complex emission model by vehicle testing.
80.49 Fuels to be used in augmenting the complex emission model through
vehicle testing.
80.50 General test procedure requirements for augmentation of the
emission models.
80.51 Vehicle test procedures.
80.52 Vehicle preconditioning.
80.53-80.54 [Reserved]
80.55 Measurement methods for benzene and 1,3-butadiene.
80.56 Measurement methods for formaldehyde and acetaldehyde.
80.57-80.58 [Reserved]
80.59 General test fleet requirements for vehicle testing.
80.60 Test fleet requirements for exhaust emission testing.
80.61 [Reserved]
80.62 Vehicle test procedures to place vehicles in emitter group sub-
fleets.
80.63-80.64 [Reserved]
80.65 General requirements for refiners and importers.
80.66 Calculation of reformulated gasoline properties.
80.67 Compliance on average.
80.68 Compliance surveys.
80.69 Requirements for downstream oxygenate blending.
80.70 Covered areas.
80.71 Descriptions of VOC-control regions.
80.72 Procedures for opting out of the covered areas.
80.73 Inability to produce conforming gasoline in extraordinary
circumstances.
80.74 Recordkeeping requirements.
80.75 Reporting requirements.
80.76 Registration of refiners, importers or oxygenate blenders.
80.77 Product transfer documentation.
80.78 Controls and prohibitions on reformulated gasoline.
80.79 Liability for violations of the prohibited activities.
80.80 Penalties.
80.81 Enforcement exemptions for California gasoline.
80.82 Butane blending.
80.83 Renewable oxygenate requirements.
80.84 Treatment of interface and transmix.
80.85 Pentane blending.
80.86 Requirements for producers and importers of pentane used by
pentane blenders.
80.87 Controls and prohibitions for producers, importers, and
distributors of pentane for use by pentane blenders.
80.88-80.89 [Reserved]
Subpart E_Anti-Dumping
80.90 Conventional gasoline baseline emissions determination.
[[Page 6]]
80.91 Individual baseline determination.
80.92 Baseline auditor requirements.
80.93 Individual baseline submission and approval.
80.94 Requirements for gasoline produced at foreign refineries.
80.95-80.100 [Reserved]
80.101 Standards applicable to refiners and importers.
80.102 [Reserved]
80.103 Registration of refiners and importers.
80.104 Recordkeeping requirements.
80.105 Reporting requirements.
80.106 Product transfer documents.
80.107-80.124 [Reserved]
Subpart F_Attest Engagements
80.125 Attest engagements.
80.126 Definitions.
80.127 Sample size guidelines.
80.128 Alternative agreed upon procedures for refiners and importers.
80.129 [Reserved]
80.130 Agreed upon procedures reports.
80.131 Agreed upon procedures for GTAB, certain conventional gasoline
imported by truck, previously certified gasoline used to
produce gasoline, and butane blenders.
80.132 [Reserved]
80.133 Agreed-upon procedures for refiners and importers.
80.134-80.135 [Reserved]
Subpart G_Detergent Gasoline
80.140 Definitions.
80.141 Interim detergent gasoline program.
80.142-80.154 [Reserved]
80.155 Interim detergent program controls and prohibitions.
80.156 Liability for violations of the interim detergent program
controls and prohibitions.
80.157 Volumetric additive reconciliation (``VAR''), equipment
calibration, and recordkeeping requirements.
80.158 Product transfer documents (PTDs).
80.159 Penalties.
80.160 Exemptions.
80.161 Detergent additive certification program.
80.162 Additive compositional data.
80.163 Detergent certification options.
80.164 Certification test fuels.
80.165 Certification test procedures and standards.
80.166 Carburetor deposit control performance test and test fuel
guidelines.
80.167 Confirmatory testing.
80.168 Detergent certification program controls and prohibitions.
80.169 Liability for violations of the detergent certification program
controls and prohibitions.
80.170 Volumetric additive reconciliation (VAR), equipment calibration,
and recordkeeping requirements.
80.171 Product transfer documents (PTDs).
80.172 Penalties.
80.173 Exemptions.
80.174 Addresses.
80.175 [Reserved]
80.176 Alternative certification test procedures and standards.
80.177 Certification test fuels for use with the alternative test
procedures and standards.
Subpart H_Gasoline Sulfur
General Information
80.180-80.185 [Reserved]
80.190 Who must register with EPA under the sulfur program?
Gasoline Sulfur Standards
80.195 What are the gasoline sulfur standards for refiners and
importers?
80.200 What gasoline is subject to the sulfur standards and
requirements?
80.205 How is the annual refinery or importer average and corporate pool
average sulfur level determined?
80.210 What sulfur standards apply to gasoline downstream from
refineries and importers?
80.211 What are the requirements for treating imported gasoline as
blendstock?
80.212 What requirements apply to oxygenate blenders?
80.213 What alternative sulfur standards and requirements apply to
transmix processors and transmix blenders?
80.214 [Reserved]
Geographic Phase-In Program
80.215 What is the scope of the geographic phase-in program?
80.216 What standards apply to gasoline produced or imported for use in
the GPA?
80.217 How does a refiner or importer apply for the GPA standards?
80.218 [Reserved]
80.219 Designation and downstream requirements for GPA gasoline.
80.220 What are the downstream standards for GPA gasoline?
Hardship Provisions
80.225 What is the definition of a small refiner?
80.230 Who is not eligible for the hardship provisions for small
refiners?
80.235 How does a refiner obtain approval as a small refiner?
80.240 What are the small refiner gasoline sulfur standards?
80.245 How does a small refiner apply for a sulfur baseline?
[[Page 7]]
80.250 How is the small refiner sulfur baseline and volume determined?
80.255 Compliance plans and demonstration of commitment to produce low
sulfur gasoline.
80.260 What are the procedures and requirements for obtaining a hardship
extension?
80.265 How will the EPA approve or disapprove a hardship extension
application?
80.270 Can a refiner seek temporary relief from the requirements of this
subpart?
Allotment Trading Program
80.271 How can a small refiner obtain an adjustment of its 2004-2007
per-gallon cap standard?
80.275 How are allotments generated and used?
Averaging, Banking and Trading (ABT) Program--General Information
80.280 [Reserved]
80.285 Who may generate credits under the ABT program?
80.290 How does a refiner apply for a sulfur baseline?
ABT Program--Baseline Determination
80.295 How is a refinery sulfur baseline determined?
80.300 [Reserved]
ABT Program--Credit Generation
80.305 How are credits generated during the time period 2000 through
2003?
80.310 How are credits generated beginning in 2004?
ABT Program--Credit Use
80.315 How are credits used and what are the limitations on credit use?
80.320-80.325 [Reserved]
Sampling, Testing and Retention Requirements for Refiners and Importers
80.330 What are the sampling and testing requirements for refiners and
importers?
80.335 What gasoline sample retention requirements apply to refiners and
importers?
80.340 What standards and requirements apply to refiners producing
gasoline by blending blendstocks into previously certified
gasoline (PCG)?
80.345 [Reserved]
80.350 What alternative sulfur standards and requirements apply to
importers who transport gasoline by truck?
80.355 [Reserved]
Recordkeeping and Reporting Requirements
80.360 [Reserved]
80.365 What records must be kept?
80.370 What are the sulfur reporting requirements?
80.371-80.373 [Reserved]
Exemptions
80.374 What if a refiner or importer is unable to produce gasoline
conforming to the requirements of this subpart?
80.375 What requirements apply to California gasoline?
80.380 What are the requirements for obtaining an exemption for gasoline
used for research, development or testing purposes?
80.382 What requirements apply to gasoline for use in American Samoa,
Guam and the Commonwealth of the Northern Mariana Islands?
Violation Provisions
80.385 What acts are prohibited under the gasoline sulfur program?
80.390 What evidence may be used to determine compliance with the
prohibitions and requirements of this subpart and liability
for violations of this subpart?
80.395 Who is liable for violations under the gasoline sulfur program?
80.400 What defenses apply to persons deemed liable for a violation of a
prohibited act?
80.405 What penalties apply under this subpart?
Provisions for Foreign Refiners With Individual Sulfur Baselines
80.410 What are the additional requirements for gasoline produced at
foreign refineries having individual small refiner sulfur
baselines, foreign refineries granted temporary relief under
Sec. 80.270, or baselines for generating credits during 2000
through 2003?
Attest Engagements
80.415 What are the attest engagement requirements for gasoline sulfur
compliance applicable to refiners and importers?
Subpart I_Motor Vehicle Diesel Fuel; Nonroad, Locomotive, and Marine
Diesel Fuel; and ECA Marine Fuel
General Information
80.500 What are the implementation dates for the motor vehicle diesel
fuel sulfur control program?
80.501 What fuel is subject to the provisions of this subpart?
80.502 What definitions apply for purposes of this subpart?
80.503-80.509 [Reserved]
[[Page 8]]
80.510 What are the standards and marker requirements for refiners and
importers for NRLM diesel fuel and ECA marine fuel?
80.511 What are the per-gallon and marker requirements that apply to
NRLM diesel fuel, ECA marine fuel, and heating oil downstream
of the refiner or importer?
80.512 May an importer treat diesel fuel as blendstock?
80.513 What provisions apply to transmix processing facilities and
pipelines that produce diesel fuel from pipeline interface?
80.514-80.519 [Reserved]
Motor Vehicle Diesel Fuel Standards and Requirements
80.520 What are the standards and dye requirements for motor vehicle
diesel fuel?
80.521 What are the standards and identification requirements for diesel
fuel additives?
80.522 May used motor oil be dispensed into diesel motor vehicles or
nonroad diesel engines?
80.523 [Reserved]
80.524 What sulfur content standard applies to motor vehicle diesel fuel
downstream of the refinery or importer?
80.525 What requirements apply to kerosene blenders?
80.526 [Reserved]
80.527 Under what conditions may motor vehicle diesel fuel subject to
the 15 ppm sulfur standard be downgraded to motor vehicle
diesel fuel subject to the 500 ppm sulfur standard?
80.528-80.529 [Reserved]
Temporary Compliance Option
80.530 Under what conditions can 500 ppm motor vehicle diesel fuel be
produced or imported after May 31, 2006?
80.531 How are motor vehicle diesel fuel credits generated?
80.532 How are motor vehicle diesel fuel credits used and transferred?
80.533 How does a refiner or importer apply for a motor vehicle or non-
highway baseline for the generation of NRLM credits or the use
of the NRLM small refiner compliance options?
80.534 [Reserved]
80.535 How are NRLM diesel fuel credits generated?
80.536 How are NRLM diesel fuel credits used and transferred?
80.537-80.539 [Reserved]
Geographic Phase-In Provisions
80.540 How may a refiner be approved to produce gasoline under the GPA
gasoline sulfur standards in 2007 and 2008?
80.541-80.549 [Reserved]
Small Refiner Hardship Provisions
80.550 What is the definition of a motor vehicle diesel fuel small
refiner or a NRLM diesel fuel small refiner under this
subpart?
80.551 How does a refiner obtain approval as a small refiner under this
subpart?
80.552 What compliance options are available to motor vehicle diesel
fuel small refiners?
80.553 Under what conditions may the small refiner gasoline sulfur
standards be extended for a small refiner of motor vehicle
diesel fuel?
80.554 What compliance options are available to NRLM diesel fuel small
refiners?
80.555 What provisions are available to a large refiner that acquires a
small refiner or one or more of its refineries?
80.556-80.559 [Reserved]
Other Hardship Provisions
80.560 How can a refiner seek temporary relief from the requirements of
this subpart in case of extreme hardship circumstances?
80.561 How can a refiner or importer seek temporary relief from the
requirements of this subpart in case of extreme unforeseen
circumstances?
80.562-80.569 [Reserved]
Labeling Requirements
80.570 What labeling requirements apply to retailers and wholesale
purchaser-consumers of diesel fuel beginning June 1, 2006?
80.571 What labeling requirements apply to retailers and wholesale
purchaser-consumers of NRLM diesel fuel or heating oil
beginning June 1, 2007?
80.572 What labeling requirements apply to retailers and wholesale
purchaser-consumers of Motor Vehicle, NR, LM and NRLM diesel
fuel and heating oil beginning June 1, 2010?
80.573 What labeling requirements apply to retailers and wholesale
purchaser-consumers of NRLM diesel fuel and heating oil
beginning June 1, 2012?
80.574 What labeling requirements apply to retailers and wholesale
purchaser-consumers of ECA marine fuel beginning June 1, 2014?
80.575-80.579 [Reserved]
Sampling and Testing
80.580 What are the sampling and testing methods for sulfur?
80.581 What are the batch testing and sample retention requirements for
motor vehicle diesel fuel, NRLM diesel fuel, and ECA marine
fuel?
80.582 What are the sampling and testing methods for the fuel marker?
[[Page 9]]
80.583 What alternative sampling and testing requirements apply to
importers who transport motor vehicle diesel fuel, NRLM diesel
fuel, or ECA marine fuel by truck or rail car?
80.584 What are the precision and accuracy criteria for approval of test
methods for determining the sulfur content of motor vehicle
diesel fuel, NRLM diesel fuel, and ECA marine fuel?
80.585 What is the process for approval of a test method for determining
the sulfur content of diesel or ECA marine fuel?
80.586 What are the record retention requirements for test methods
approved under this subpart?
80.587-80.589 [Reserved]
Recordkeeping and Reporting Requirements
80.590 What are the product transfer document requirements for motor
vehicle diesel fuel, NRLM diesel fuel, heating oil, ECA marine
fuel, and other distillates?
80.591 What are the product transfer document requirements for additives
to be used in diesel fuel?
80.592 What records must be kept by entities in the motor vehicle diesel
fuel and diesel fuel additive distribution systems?
80.593 What are the reporting requirements for refiners and importers of
motor vehicle diesel fuel subject to temporary refiner relief
standards?
80.594 What are the pre-compliance reporting requirements for motor
vehicle diesel fuel?
80.595 How does a small or GPA refiner apply for a motor vehicle diesel
fuel volume baseline for the purpose of extending their
gasoline sulfur standards?
80.596 How is a refinery motor vehicle diesel fuel volume baseline
calculated?
80.597 What are the registration requirements?
80.598 What are the designation requirements for refiners, importers,
and distributors?
80.599 How do I calculate volume balances for designation purposes?
80.600 What records must be kept for purposes of the designate and track
provisions?
80.601 What are the reporting requirements for purposes of the designate
and track provisions?
80.602 What records must be kept by entities in the NRLM diesel fuel,
ECA marine fuel, and diesel fuel additive production,
importation, and distribution systems?
80.603 What are the pre-compliance reporting requirements for NRLM
diesel fuel?
80.604 What are the annual reporting requirements for refiners and
importers of NRLM diesel fuel?
Exemptions
80.605 [Reserved]
80.606 What national security exemption applies to fuels covered under
this subpart?
80.607 What are the requirements for obtaining an exemption for diesel
fuel used for research, development or testing purposes?
80.608 What requirements apply to diesel fuel and ECA marine fuel for
use in the Territories?
80.609 [Reserved]
Violation Provisions
80.610 What acts are prohibited under the diesel fuel sulfur program?
80.611 What evidence may be used to determine compliance with the
prohibitions and requirements of this subpart and liability
for violations of this subpart?
80.612 Who is liable for violations of this subpart?
80.613 What defenses apply to persons deemed liable for a violation of a
prohibited act under this subpart?
80.614 What are the alternative defense requirements in lieu of Sec.
80.613(a)(1)(vi)?
80.615 What penalties apply under this subpart?
80.616 What are the enforcement exemptions for California diesel
distributed within the State of California?
80.617 How may California diesel fuel be distributed or sold outside of
the State of California?
80.618-80.619 [Reserved]
Provisions for Foreign Refiners and Importers for Motor Vehicle Diesel
Fuel Subject to a Temporary Compliance Option or Hardship Provision
80.620 What are the additional requirements for diesel fuel or
distillates produced by foreign refineries subject to a
temporary refiner compliance option, hardship provisions, or
motor vehicle or NRLM diesel fuel credit provisions?
Subpart J_Gasoline Toxics
General Information
80.800-80.805 [Reserved]
80.810 Who shall register with EPA under the gasoline toxics program?
Gasoline Toxics Performance Requirements
80.815 What are the gasoline toxics performance requirements for
refiners and importers?
80.820 What gasoline is subject to the toxics performance requirements
of this subpart?
80.825 How is the refinery or importer annual average toxics value
determined?
[[Page 10]]
80.830 What requirements apply to oxygenate blenders?
80.835 What requirements apply to butane blenders?
80.840 What requirements apply to transmix processors?
80.845 What requirements apply to California gasoline?
80.850 How is the compliance baseline determined?
80.855 What is the compliance baseline for refineries or importers with
insufficient data?
80.860-80.905 [Reserved]
Baseline Determination
80.910 How does a refiner or importer apply for a toxics baseline?
80.915 How are the baseline toxics value and the baseline toxics volume
determined?
80.920-80.980 [Reserved]
Recordkeeping and Reporting Requirements
80.985 What records shall be kept?
80.990 What are the toxics reporting requirements?
Exemptions
80.995 What if a refiner or importer is unable to produce gasoline
conforming to the requirements of this subpart?
80.1000 What are the requirements for obtaining an exemption for
gasoline used for research, development or testing purposes?
Violation Provisions
80.1005 What acts are prohibited under the gasoline toxics program?
80.1010 [Reserved]
80.1015 Who is liable for violations under the gasoline toxics program?
80.1020 [Reserved]
80.1025 What penalties apply under this subpart?
Provisions for Foreign Refiners With Individual Toxics Baselines
80.1030 What are the requirements for gasoline produced at foreign
refineries having individual refiner toxics baselines?
Attest Engagements
80.1035 What are the attest engagement requirements for gasoline toxics
compliance applicable to refiners and importers?
80.1040 [Reserved]
Additional Rulemaking
80.1045 What additional rulemaking will EPA conduct?
Subpart K_Renewable Fuel Standard
80.1100 How is the statutory default requirement for 2006 implemented?
80.1101 Definitions.
80.1102-80.1103 [Reserved]
80.1104 What are the implementation dates for the Renewable Fuel
Standard Program?
80.1105 What is the Renewable Fuel Standard?
80.1106 To whom does the Renewable Volume Obligation apply?
80.1107 How is the Renewable Volume Obligation calculated?
80.1108-80.1114 [Reserved]
80.1115 How are equivalence values assigned to renewable fuel?
80.1116-80.1124 [Reserved]
80.1125 Renewable Identification Numbers (RINs).
80.1126 How are RINs generated and assigned to batches of renewable fuel
by renewable fuel producers or importers?
80.1127 How are RINs used to demonstrate compliance?
80.1128 General requirements for RIN distribution.
80.1129 Requirements for separating RINs from volumes of renewable fuel.
80.1130 Requirements for exporters of renewable fuels.
80.1131 Treatment of invalid RINs.
80.1132 Reported spillage or disposal of renewable fuel.
80.1133-80.1140 [Reserved]
80.1141 Small refinery exemption.
80.1142 What are the provisions for small refiners under the RFS
program?
80.1143 What are the opt-in provisions for noncontiguous states and
territories?
80.1144-80.1149 [Reserved]
80.1150 What are the registration requirements under the RFS program?
80.1151 What are the recordkeeping requirements under the RFS program?
80.1152 What are the reporting requirements under the RFS program?
80.1153 What are the product transfer document (PTD) requirements for
the RFS program?
80.1154 What are the provisions for renewable fuel producers and
importers who produce or import less than 10,000 gallons of
renewable fuel per year?
80.1155 What are the additional requirements for a producer of
cellulosic biomass ethanol or waste derived ethanol?
80.1156-80.1159 [Reserved]
80.1160 What acts are prohibited under the RFS program?
80.1161 Who is liable for violations under the RFS program?
80.1162 [Reserved]
80.1163 What penalties apply under the RFS program?
[[Page 11]]
80.1164 What are the attest engagement requirements under the RFS
program?
80.1165 What are the additional requirements under this subpart for a
foreign small refiner?
80.1166 What are the additional requirements under this subpart for a
foreign producer of cellulosic biomass ethanol or waste
derived ethanol?
80.1167 What are the additional requirements under this subpart for a
foreign RIN owner?
Subpart L_Gasoline Benzene
80.1200-80.1219 [Reserved]
General Information
80.1220 What are the implementation dates for the gasoline benzene
program?
80.1225 Who must register with EPA under the gasoline benzene program?
Gasoline Benzene Requirements
80.1230 What are the gasoline benzene requirements for refiners and
importers?
80.1235 What gasoline is subject to the benzene requirements of this
subpart?
80.1236 What requirements apply to California gasoline?
80.1238 How is a refinery's or importer's average benzene concentration
determined?
80.1240 How is a refinery's or importer's compliance with the gasoline
benzene requirements of this subpart determined?
Averaging, Banking and Trading (ABT) Program
80.1270 Who may generate benzene credits under the ABT program?
80.1275 How are early benzene credits generated?
80.1280 How are refinery benzene baselines calculated?
80.1285 How does a refiner apply for a benzene baseline?
80.1290 How are standard benzene credits generated?
80.1295 How are gasoline benzene credits used?
Hardship Provisions
80.1334 What are the requirements for early compliance with the gasoline
benzene program?
80.1335 Can a refiner seek relief from the requirements of this subpart?
80.1336 What if a refiner or importer cannot produce gasoline conforming
to the requirements of this subpart?
Small Refiner Provisions
80.1338 What criteria must be met to qualify as a small refiner for the
gasoline benzene requirements of this subpart?
80.1339 Who is not eligible for the provisions for small refiners?
80.1340 How does a refiner obtain approval as a small refiner?
80.1342 What compliance options are available to small refiners under
this subpart?
80.1343 What hardship relief provisions are available only to small
refiners?
80.1344 What provisions are available to a non-small refiner that
acquires one or more of a small refiner's refineries?
Sampling, Testing and Retention Requirements
80.1347 What are the sampling and testing requirements for refiners and
importers?
80.1348 What gasoline sample retention requirements apply to refiners
and importers?
80.1349 Alternative sampling and testing requirements for importers who
import gasoline into the United States by truck.
Recordkeeping and Reporting Requirements
80.1350 What records must be kept?
80.1352 What are the pre-compliance reporting requirements for the
gasoline benzene program?
80.1354 What are the reporting requirements for the gasoline benzene
program?
Attest Engagements
80.1356 What are the attest engagement requirements for gasoline benzene
compliance?
Violations and Penalties
80.1358 What acts are prohibited under the gasoline benzene program?
80.1359 What evidence may be used to determine compliance with the
prohibitions and requirements of this subpart and liability
for violations of this subpart?
80.1360 Who is liable for violations under the gasoline benzene program?
80.1361 What penalties apply under the gasoline benzene program?
Foreign Refiners
80.1363 What are the additional requirements under this subpart for
gasoline produced at foreign refineries?
Subpart M_Renewable Fuel Standard
80.1400 Applicability.
80.1401 Definitions.
80.1402 Availability of information; confidentiality of information.
80.1403 Which fuels are not subject to the 20% GHG thresholds?
80.1404 [Reserved]
80.1405 What are the Renewable Fuel Standards?
[[Page 12]]
80.1406 Who is an obligated party under the RFS program?
80.1407 How are the Renewable Volume Obligations calculated?
80.1408-80.1414 [Reserved]
80.1415 How are equivalence values assigned to renewable fuel?
80.1416 Petition process for evaluation of new renewable fuels pathways.
80.1417-80.1424 [Reserved]
80.1425 Renewable Identification Numbers (RINs).
80.1426 How are RINs generated and assigned to batches of renewable fuel
by renewable fuel producers or importers?
80.1427 How are RINs used to demonstrate compliance?
80.1428 General requirements for RIN distribution.
80.1429 Requirements for separating RINs from volumes of renewable fuel.
80.1430 Requirements for exporters of renewable fuels.
80.1431 Treatment of invalid RINs.
80.1432 Reported spillage or disposal of renewable fuel.
80.1433-80.1434 [Reserved]
80.1435 How are RIN holdings and RIN holding thresholds calculated?
80.1436-80.1439 [Reserved]
80.1440 What are the provisions for blenders who handle and blend less
than 250,000 gallons of renewable fuel per year?
80.1441 Small refinery exemption.
80.1442 What are the provisions for small refiners under the RFS
program?
80.1443 What are the opt-in provisions for noncontiguous states and
territories?
80.1444-80.1448 [Reserved]
80.1449 What are the Production Outlook Report requirements?
80.1450 What are the registration requirements under the RFS program?
80.1451 What are the reporting requirements under the RFS program?
80.1452 What are the requirements related to the EPA Moderated
Transaction System (EMTS)?
80.1453 What are the product transfer document (PTD) requirements for
the RFS program?
80.1454 What are the recordkeeping requirements under the RFS program?
80.1455 What are the small volume provisions for renewable fuel
production facilities and importers?
80.1456 What are the provisions for cellulosic biofuel waiver credits?
80.1457 Petition process for aggregate compliance approach for foreign
countries.
80.1458-80.1459 [Reserved]
80.1460 What acts are prohibited under the RFS program?
80.1461 Who is liable for violations under the RFS program?
80.1462 [Reserved]
80.1463 What penalties apply under the RFS program?
80.1464 What are the attest engagement requirements under the RFS
program?
80.1465 What are the additional requirements under this subpart for
foreign small refiners, foreign small refineries, and
importers of RFS-FRFUEL?
80.1466 What are the additional requirements under this subpart for RIN-
generating foreign producers and importers of renewable fuels
for which RINs have been generated by the foreign producer?
80.1467 What are the additional requirements under this subpart for a
foreign RIN owner?
80.1468 Incorporation by reference.
80.1469 Requirements for Quality Assurance Plans.
80.1470 RIN replacement mechanisms for Option A independent third party
auditors.
80.1471 Requirements for QAP auditors.
80.1472 Requirements for quality assurance audits.
80.1473 Affirmative defenses.
80.1474 Replacement requirements for invalidly generated RINs.
Subpart N_Additional Requirements for Gasoline-Ethanol Blends
80.1500 Definitions.
80.1501 What are the labeling requirements that apply to retailers and
wholesale purchaser-consumers of gasoline-ethanol blends that
contain greater than 10 volume percent ethanol and not more
than 15 volume percent ethanol?
80.1502 What are the survey requirements for gasoline-ethanol blends?
80.1503 What are the product transfer document requirements for
gasoline-ethanol blends, gasolines, and conventional
blendstocks for oxygenate blending subject to this subpart?
80.1504 What acts are prohibited under this subpart?
80.1505 Who is liable for violations of this subpart?
80.1506 What penalties apply under this subpart?
80.1507 What are the defenses for acts prohibited under this subpart?
80.1508 What evidence may be used to determine compliance with the
requirements of this subpart and liability for violations of
this subpart?
80.1509 Rounding a test result for purposes of this subpart N.
Subpart O_Gasoline Sulfur
80.1600 Additional definitions for subpart O.
80.1601 Fuels subject to the provisions of this subpart.
80.1602 Applicability.
[[Page 13]]
80.1603 Gasoline sulfur standards for refiners and importers.
80.1604 Gasoline sulfur standards and requirements for parties
downstream of refiners and importers.
80.1605 Deficit carryforward for refiners and importers.
80.1606 [Reserved]
80.1607 Gasoline sulfur standards and requirements for transmix
processors and transmix blenders.
80.1608 [Reserved]
80.1609 Oxygenate blender requirements.
80.1610 Standards and requirements for producers and importers of
denatured fuel ethanol and other oxygenates designated for use
in transportation fuel.
80.1611 Standards and requirements for certified ethanol denaturant.
80.1612 [Reserved]
80.1613 Standards and other requirements for gasoline additive
manufacturers and blenders.
80.1614 [Reserved]
80.1615 Credit generation.
80.1616 Credit use and transfer.
80.1617-80.1619 [Reserved]
80.1620 Small refiner definition.
80.1621 Small volume refinery definition.
80.1622 Approval for small refiner and small volume refinery status.
80.1623-80.1624 [Reserved]
80.1625 Hardship provisions.
80.1626-80.1629 [Reserved]
80.1630 Sampling and testing requirements for refiners, gasoline
importers and producers and importers of certified ethanol
denaturant.
80.1631 Gasoline, RBOB, and CBOB sample retention requirements.
80.1632-80.1639 [Reserved]
80.1640 Standards and requirements that apply to refiners producing
gasoline by blending blendstocks into previously certified
gasoline (PCG).
80.1641 Alternative sulfur standards and requirements that apply to
importers who transport gasoline by truck.
80.1642 Sampling and testing requirements for producers and importers of
denatured fuel ethanol and other oxygenates for use by
oxygenate blenders.
80.1643 Sample retention requirements for oxygenate producers and
importers.
80.1644 Sampling and testing requirements for producers and importers of
certified ethanol denaturant.
80.1645 Sample retention requirements for producers and importers of
certified ethanol denaturant.
80.1646-80.1649 [Reserved]
80.1650 Registration.
80.1651 Product transfer document requirements.
80.1652 Reporting requirements for gasoline refiners, gasoline
importers, oxygenate producers, and oxygenate importers.
80.1653 Recordkeeping.
80.1654 California gasoline requirements.
80.1655 National security exemption.
80.1656 Exemptions for gasoline used for research, development, or
testing purposes.
80.1657 [Reserved]
80.1658 Requirements for gasoline for use in American Samoa, Guam, and
the Commonwealth of the Northern Mariana Islands.
80.1659 [Reserved]
80.1660 Prohibited acts.
80.1661 What evidence may be used to determine compliance with the
prohibitions and requirements of this subpart and liability
for violations of this subpart?
80.1662 Liability for violations.
80.1663 Defenses for a violation of a prohibited act.
80.1664 [Reserved]
80.1665 Penalties.
80.1666 Additional requirements for foreign small refiners and foreign
small volume refineries.
80.1667 Attest engagement requirements.
Appendix A to Part 80--Test for the Determination of Phosphorus in
Gasoline
Appendix B to Part 80--Test Methods for Lead in Gasoline
Appendixes C-G to Part 80 [Reserved]
Authority: 42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a).
Source: 38 FR 1255, Jan. 10, 1973, unless otherwise noted.
Subpart A_General Provisions
Sec. 80.1 Scope.
(a) This part prescribes regulations for the control and/or
prohibition of fuels and additives for use in motor vehicles and motor
vehicle engines. These regulations are based upon a determination by the
Administrator that the emission product of a fuel or additive will
endanger the public health, or will impair to a significant degree the
performance of a motor vehicle emission control device in general use or
which the Administrator finds has been developed to a point where in a
reasonable time it would be in general use were such regulations
promulgated; and certain other findings specified by the Act.
(b) Nothing in this part is intended to preempt the ability of State
or local governments to control or prohibit any
[[Page 14]]
fuel or additive for use in motor vehicles and motor vehicle engines
which is not explicitly regulated by this part.
[38 FR 1255, Jan. 10, 1973, as amended at 38 FR 33741, Dec. 6, 1973; 42
FR 25732, May 19, 1977]
Sec. 80.2 Definitions.
Definitions apply in this part as described in this section.
(a) Act means the Clean Air Act, as amended (42 U.S.C. 1857 et
seq.).
(b) Administrator means the Administrator of the Environmental
Protection Agency.
(c) Gasoline means any fuel sold in any State \1\ for use in motor
vehicles and motor vehicle engines, and commonly or commercially known
or sold as gasoline.
---------------------------------------------------------------------------
\1\ State means a State, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American Samoa and the
Commonwealth of the Northern Mariana Islands.
---------------------------------------------------------------------------
(d) Previously certified gasoline, or PCG, means conventional
gasoline, reformulated gasoline, RBOB, or CBOB that previously has been
included in a batch for purposes of complying with the standards of 40
CFR part 80 that apply to refiners and importers.
(e) Lead additive means any substance containing lead or lead
compounds.
(f) Previously designated diesel fuel or PDD means diesel fuel that
has been previously designated and included by a refiner or importer in
a batch for purposes of complying with the standards and requirements of
subpart I of this part.
(g) Unleaded gasoline means gasoline which is produced without the
use of any lead additive and which contains not more than 0.05 gram of
lead per gallon and not more than 0.005 gram of phosphorus per gallon.
(h) Refinery means any facility, including but not limited to, a
plant, tanker truck, or vessel where gasoline or diesel fuel is
produced, including any facility at which blendstocks are combined to
produce gasoline or diesel fuel, or at which blendstock is added to
gasoline or diesel fuel.
(i) Refiner means any person who owns, leases, operates, controls,
or supervises a refinery.
(j) Retail outlet means any establishment at which gasoline, diesel
fuel, methanol, natural gas or liquified petroleum gas is sold or
offered for sale for use in motor vehicles or nonroad engines, including
locomotive engines or marine engines.
(k) Retailer means any person who owns, leases, operates, controls,
or supervises a retail outlet.
(l) Distributor means any person who transports or stores or causes
the transportation or storage of gasoline or diesel fuel at any point
between any gasoline or diesel fuel refinery or importer's facility and
any retail outlet or wholesale purchaser-consumer's facility.
(m) Lead additive manufacturer means any person who produces a lead
additive or sells a lead additive under his own name.
(n) Reseller means any person who purchases gasoline or diesel fuel
identified by the corporate, trade, or brand name of a refiner from such
refiner or a distributor and resells or transfers it to retailers or
wholesale purchaser-consumers displaying the refiner's brand, and whose
assets or facilities are not substantially owned, leased, or controlled
by such refiner.
(o) Wholesale purchaser-consumer means any person that is an
ultimate consumer of gasoline, diesel fuel, methanol, natural gas, or
liquified petroleum gas and which purchases or obtains gasoline, diesel
fuel, natural gas or liquified petroleum gas from a supplier for use in
motor vehicles or nonroad engines, including locomotive engines or
marine engines and, in the case of gasoline, diesel fuel, methanol or
liquified petroleum gas, receives delivery of that product into a
storage tank of at least 550-gallon capacity substantially under the
control of that person.
(p)-(q) [Reserved]
(r) Importer means a person who imports gasoline, gasoline blending
stocks or components, or diesel fuel from a foreign country into the
United States (including the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Northern Mariana Islands).
[[Page 15]]
(s) Gasoline blending stock, blendstock, or component means any
liquid compound which is blended with other liquid compounds to produce
gasoline.
(t) Carrier means any distributor who transports or stores or causes
the transportation or storage of gasoline or diesel fuel without taking
title to or otherwise having any ownership of the gasoline or diesel
fuel, and without altering either the quality or quantity of the
gasoline or diesel fuel.
(u) Ethanol blending plant means any refinery at which gasoline is
produced solely through the addition of ethanol to gasoline, and at
which the quality or quantity of gasoline is not altered in any other
manner.
(v) Ethanol blender means any person who owns, leases, operates,
controls, or supervises an ethanol blending plant.
(w) Cetane index or ``Calculated cetane index'' is a number
representing the ignition properties of diesel fuel oils from API
gravity and mid-boiling point, as determined by ASTM D976.
(x) Diesel fuel means any fuel sold in any State or Territory of the
United States and suitable for use in diesel engines, and that is--
(1) A distillate fuel commonly or commercially known or sold as No.
1 diesel fuel or No. 2 diesel fuel;
(2) A non-distillate fuel other than residual fuel with comparable
physical and chemical properties (e.g., biodiesel fuel); or
(3) A mixture of fuels meeting the criteria of paragraphs (1) and
(2) of this definition.
(y) Motor vehicle diesel fuel means any diesel fuel or other
distillate fuel that is used, intended for use, or made available for
use in motor vehicles or motor vehicle engines.
(z) Aromatic content of diesel fuel is the aromatic hydrocarbon
content in volume percent as follows:
(1) Through December 31, 2015, determine aromatic content of diesel
fuel by ASTM D1319.
(2) Beginning January 1, 2016, determine aromatic content of diesel
fuel by a test method approved under Sec. 80.47.
(aa) [Reserved]
(bb) Sulfur percentage is the percentage of sulfur in diesel fuel by
weight, as determined using the applicable sampling and testing
methodologies set forth in Sec. 80.580.
(cc) Designated Volatility Nonattainment Area means any area
designated as being in nonattainment with the National Ambient Air
Quality Standard for ozone pursuant to rulemaking under section
107(d)(4)(A)(ii) of the Clean Air Act.
(dd) Designated Volatility Attainment Area means an area not
designated as being in nonattainment with the National Ambient Air
Quality Standard for ozone pursuant to rulemaking under section
107(d)(4)(A)(ii) of the Clean Air Act.
(ee) Reformulated gasoline means any gasoline whose formulation has
been certified under Sec. 80.40, and which meets each of the standards
and requirements prescribed under Sec. 80.41.
(ff) Conventional gasoline means any gasoline which has not been
certified under Sec. 80.40.
(gg) Batch of gasoline means a quantity of gasoline that is
homogeneous with regard to those properties that are specified for
conventional or reformulated gasoline.
(hh) Covered area means each of the geographic areas specified in
Sec. 80.70 in which only reformulated gasoline may be sold or dispensed
to ultimate consumers.
(ii) Reformulated gasoline credit means the unit of measure for the
paper transfer of benzene content resulting from reformulated gasoline
which contains less than 0.95 volume percent benzene.
(jj) Oxygenate means any substance which, when added to gasoline,
increases the oxygen content of that gasoline. Lawful use of any of the
substances or any combination of these substances requires that they be
``substantially similar'' under section 211(f)(1) of the Clean Air Act,
or be permitted under a waiver granted by the Administrator under the
authority of section 211(f)(4) of the Clean Air Act.
(kk) Reformulated gasoline blendstock for oxygenate blending, or
RBOB means a petroleum product which, when blended with a specified type
and percentage of oxygenate, meets the definition of reformulated
gasoline, and to which the specified type and percentage of oxygenate is
added other than
[[Page 16]]
by the refiner or importer of the RBOB at the refinery or import
facility where the RBOB is produced or imported.
(ll) Oxygenate blending facility means any facility (including a
truck) at which oxygenate is added to gasoline or blendstock, and at
which the quality or quantity of gasoline is not altered in any other
manner except for the addition of deposit control additives.
(mm) Oxygenate blender means any person who owns, leases, operates,
controls, or supervises an oxygenate blending facility, or who owns or
controls the blendstock or gasoline used or the gasoline produced at an
oxygenate blending facility.
(nn) [Reserved]
(oo) Liquefied petroleum gas means a liquid hydrocarbon fuel that is
stored under pressure and is composed primarily of species that are
gases at atmospheric conditions (temperature = 25 [deg]C and pressure =
1 atm), excluding natural gas.
(pp) Control area means a geographic area in which only oxygenated
gasoline under the oxygenated gasoline program may be sold or dispensed,
with boundaries determined by section 211(m) of the Act.
(qq) Control period means the period during which oxygenated
gasoline must be sold or dispensed in any control area, pursuant to
section 211(m)(2) of the Act.
(rr) Oxygenated gasoline means gasoline which contains a measurable
amount of oxygenate.
(ss) Tank truck means a truck and/or trailer used to transport or
cause the transportation of gasoline or diesel fuel, that meets the
definition of motor vehicle in section 216(2) of the Act.
(tt) Natural gas means a fuel whose primary constituent is methane.
(uu) Methanol means any fuel sold for use in motor vehicles and
commonly known or commercially sold as methanol or MXX, where XX is the
percent methanol (CH3OH) by volume.
(vv) Opt-in area. An area which becomes a covered area under Sec.
80.70 pursuant to section 211(k)(6) of the Clean Air Act.
(ww) Gasoline Treated as Blendstock, or GTAB, means imported
gasoline that is excluded from the import facility's compliance
calculations, but is treated as blendstock in a related refinery that
includes the GTAB in its refinery compliance calculations.
(xx) Diesel fuel additive means any substance not composed solely of
carbon and/or hydrogen, or of diesel blendstocks, that is added to,
intended to be added to, used in, or offered for use in motor vehicle
diesel fuel or NRLM diesel fuel or in diesel motor vehicle or diesel
NRLM engine fuel systems subsequent to the production of diesel fuel by
processing crude oil from refinery processing units.
(yy)-(zz) [Reserved]
(aaa) Distillate fuel means diesel fuel and other petroleum fuels
that can be used in engines that are designed for diesel fuel. For
example, jet fuel, heating oil, kerosene, No. 4 fuel, DMX, DMA, DMB, and
DMC are distillate fuels; and natural gas, LPG, gasoline, and residual
fuel are not distillate fuels. Blends containing residual fuel may be
distillate fuels.
(bbb) Residual fuel means a petroleum fuel that can only be used in
diesel engines if it is preheated before injection. For example, No. 5
fuels, No. 6 fuels, and RM grade marine fuels are residual fuels. Note:
Residual fuels do not necessarily require heating for storage or
pumping.
(ccc) Heating oil means any 1, 2, or non-petroleum diesel blend
that is sold for use in furnaces, boilers, and similar applications and
which is commonly or commercially known or sold as heating oil, fuel
oil, and similar trade names, and that is not jet fuel, kerosene, or
MVNRLM diesel fuel.
(ddd) Jet fuel means any distillate fuel used, intended for use, or
made available for use in aircraft.
(eee) Kerosene means any No.1 distillate fuel commonly or
commercially sold as kerosene.
(fff) 1D means the distillate fuel classification relating to ``No.
1-D'' diesel fuels as described in ASTM D975.
(ggg) 2D means the distillate fuel classification relating to ``No.
2-D'' diesel fuels as described in ASTM D 975-04.
(hhh)-(jjj) [Reserved]
(kkk) Nonroad diesel engine means an engine that is designed to
operate with diesel fuel that meets the definition of
[[Page 17]]
nonroad engine in 40 CFR 1068.30, including locomotive and marine diesel
engines.
(lll) Locomotive engine means an engine used in a locomotive as
defined under 40 CFR 92.2.
(mmm) Marine engine and Category 3 have the meanings given under 40
CFR 94.2.
(nnn) Nonroad, locomotive, or marine (NRLM) diesel fuel means any
diesel fuel or other distillate fuel that is used, intended for use, or
made available for use, as a fuel in any nonroad diesel engines,
including locomotive and marine diesel engines, except the following:
Distillate fuel with a T90 at or above 700 [deg]F that is used only in
Category 2 and 3 marine engines is not NRLM diesel fuel, and ECA marine
fuel is not NRLM diesel fuel (note that fuel that conforms to the
requirements of NRLM diesel fuel is excluded from the definition of
``ECA marine fuel'' in this section without regard to its actual use).
Use the distillation test method specified in 40 CFR 1065.1010 to
determine the T90 of the fuel. NR diesel fuel and LM diesel fuel are
subcategories of NRLM diesel fuel.
(1) Any diesel fuel that is sold for use in stationary engines that
are required to meet the requirements of Sec. 80.510(a) and/or (b),
when such provisions are applicable to nonroad engines, shall be
considered NRLM diesel fuel.
(2) [Reserved]
(ooo) Nonroad (NR) diesel fuel means any NRLM diesel fuel that is
not ``locomotive or marine (LM) diesel fuel.''
(ppp) Locomotive or marine (LM) diesel fuel means any diesel fuel or
other distillate fuel that is used, intended for use, or made available
for use, as a fuel in locomotive or marine diesel engines, except for
the following fuels:
(1) Fuel that is also used, intended for use, or made available for
use in motor vehicle engines or nonroad engines other than locomotive
and marine diesel engines is not LM diesel fuel.
(2) Distillate fuel with a T90 greater than 700 [deg]F that is used
only in Category 2 and 3 marine engines is not LM diesel fuel. Use the
distillation test method specified in 40 CFR 1065.1010 to determine the
T90 of the fuel.
(qqq) MVNRLM diesel fuel means any diesel fuel or other distillate
fuel that meets the definition of motor vehicle (MV) or nonroad,
locomotive, or marine (NRLM) diesel fuel. Motor vehicle diesel fuel,
NRLM diesel fuel, NR diesel fuel, and LM diesel fuel are subcategories
of MVNRLM diesel fuel.
(rrr) Solvent yellow 124 means N-ethyl-N-[2-[1-(2-
methylpropoxy)ethoxyl]-4-phenylazo]-benzeneamine.
(sss) Non-petroleum diesel (NP diesel) means a diesel fuel that
contains at least 80 percent mono-alkyl esters of long chain fatty acids
derived from vegetable oils or animal fats.
(ttt) ECA marine fuel is diesel, distillate, or residual fuel that
meets the criteria of paragraph (ttt)(1) of this section, but not the
criteria of paragraph (ttt)(2) of this section.
(1) All diesel, distillate, or residual fuel used, intended for use,
or made available for use in Category 3 marine vessels while the vessels
are operating within an Emission Control Area (ECA), or an ECA
associated area, is ECA marine fuel, unless it meets the criteria of
paragraph (ttt)(2) of this section.
(2) ECA marine fuel does not include any of the following fuel:
(i) Fuel used by exempted or excluded vessels (such as exempted
steamships), or fuel used by vessels allowed by the U.S. government
pursuant to MARPOL Annex VI Regulation 3 or Regulation 4 to exceed the
fuel sulfur limits while operating in an ECA or an ECA associated area
(see 33 U.S.C. 1903).
(ii) Fuel that conforms fully to the requirements of this part for
NRLM diesel fuel (including being designated as NRLM).
(iii) Fuel used, or made available for use, in any diesel engines
not installed on a Category 3 marine vessel.
(uuu) Category 3 marine vessels, for the purposes of this part 80,
are vessels that are propelled by engines meeting the definition of
``Category 3'' in 40 CFR part 1042.901.
(vvv) Denatured fuel ethanol (DFE) means an alcohol of the chemical
formula C2H6O which contains a denaturant to make
it unfit for human consumption, that is produced or imported
[[Page 18]]
for use in motor gasoline, and that meets the requirements of Sec.
80.1610.
(www) Oxygenate producer means any person who owns, leases,
operates, controls, or supervises an oxygenate production facility.
(xxx) Oxygenate production facility means any facility where
oxygenate including DFE designated as transportation fuel is produced.
(yyy) Oxygenate importer means a person who imports oxygenate from a
foreign country into the United States (including the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern
Mariana Islands).
(zzz) Oxygenate import facility means any facility where oxygenate
including DFE designated as transportation fuel is imported into the
United States.
(aaaa) CBOB means gasoline blendstock that could become conventional
gasoline solely upon the addition of oxygenate.
(bbbb) Natural gas liquids (NGL) means the components of natural gas
(primarily propane, butane, pentane, hexane, and heptane) that are
separated from the gas state in the form of liquids in facilities such
as a natural gas production facility, a gas processing plant, a natural
gas pipeline, or a refinery or similar facility. The higher temperature
boiling components of NGL are sometimes referred to as ``natural
gasoline''.
(cccc) [Reserved]
(dddd) Butane blender means a refiner or refinery that produces
gasoline by blending butane that meets the quality specifications in
Sec. 80.82 with conventional gasoline, CBOB, reformulated gasoline, or
RBOB, and that uses the streamlined provisions in Sec. 80.82 to meet
some of the applicable sampling and testing requirements.
(eeee) Pentane blender means a refiner or refinery that produces
gasoline by blending pentane that meets the quality specifications in
Sec. 80.86 with conventional gasoline, CBOB, reformulated gasoline, or
RBOB, and that uses the streamlined provisions in Sec. 80.85 to meet
some of the applicable sampling and testing requirements.
(ffff) Blender-commercial grade pentane means pentane that meets the
requirements in Sec. 80.86(a)(3) for pentane for use by a pentane
blender pursuant to the requirements of Sec. 80.85.
(gggg) Blender-non-commercial grade pentane means pentane that meets
the requirements in Sec. 80.86(a)(4) for pentane for use by a pentane
blender pursuant to the requirements of Sec. 80.85.
(hhhh) Blender-grade pentane means pentane that meets the
requirements for commercial grade pentane or non-commercial grade
pentane pursuant to the requirements of Sec. 80.86.
(iiii) Ethanol denaturant means previously certified gasoline
(including previously certified blendstocks for oxygenate blending),
gasoline blendstocks, or natural gasoline liquids that are added to neat
(un-denatured) ethanol to make it unfit for human consumption in
accordance with the requirements of the Alcohol and Tobacco Tax and
Trade Bureau of the U.S. Treasury Department.
(jjjj) [Reserved]
(kkkk) Materials incorporated by reference. The published materials
identified in this section are incorporated by reference into this
section with the approval of the Director of the Federal Register under
5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than
that specified in this section, a document must be published in the
Federal Register and the material must be available to the public. All
approved materials are available for inspection at the Air and Radiation
Docket and Information Center (Air Docket) in the EPA Docket Center
(EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave. NW.,
Washington, DC. The EPA/DC Public Reading Room hours of operation are
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.
The telephone number of the EPA/DC Public Reading Room is (202) 566-
1744, and the telephone number for the Air Docket is (202) 566-1742.
These approved materials are also available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call (202) 741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html. In addition, these materials are available from the
sources listed below.
[[Page 19]]
(1) ASTM International material. The following standards are
available from ASTM International, 100 Barr Harbor Dr., P.O. Box C700,
West Conshohocken, PA 19428-2959, (877) 909-ASTM, or http://
www.astm.org:
(i) ASTM D975-13a, Standard Specification for Diesel Fuel Oils,
approved December 1, 2013.
(ii) ASTM D976-06 (Reapproved 2011), Standard Test Method for
Calculated Cetane Index of Distillate Fuels, approved October 1, 2011.
(iii) ASTM D1319-13, Standard Test Method for Hydrocarbon Types in
Liquid Petroleum Products by Fluorescent Indicator Adsorption, approved
May 1, 2013.
(2) [Reserved]
(Sec. 211, (Sec. 223, Pub. L. 95-95, 91 Stat. 764, 42 U.S.C. 7545(g))
and sec. 301(a) 42 U.S.C. 7602(a), formerly 42 U.S.C. 1857g(a)) of the
Clean Air Act, as amended)
[38 FR 1255, Jan. 10, 1973]
Editorial Note: For Federal Register citations affecting Sec. 80.2,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and at www.govinfo.gov.
Sec. 80.3 Test methods.
The lead and phosphorus content of gasoline shall be determined in
accordance with test methods set forth in the appendices to this part.
[47 FR 765, Jan. 7, 1982]
Sec. 80.4 Right of entry; tests and inspections.
The Administrator or his authorized representative, upon
presentation of appropriate credentials, shall have a right to enter
upon or through any refinery, retail outlet, wholesale purchaser-
consumer facility, or detergent manufacturer facility; or the premises
or property of any gasoline or detergent distributor, carrier, or
importer; or any place where gasoline or detergent is stored; and shall
have the right to make inspections, take samples, obtain information and
records, and conduct tests to determine compliance with the requirements
of this part.
[61 FR 35356, July 5, 1996]
Sec. 80.5 Penalties.
Any person who violates these regulations shall be liable to the
United States for a civil penalty of not more than the sum of $25,000
for every day of such violation and the amount of economic benefit or
savings resulting from the violation. Any violation with respect to a
regulation proscribed under section 211(c), (k), (l) or (m) of the Act
which establishes a regulatory standard based upon a multi-day averaging
period shall constitute a separate day of violation for each and every
day in the averaging period. Civil penalties shall be assessed in
accordance with section 205(b) and (c) of the Act.
[58 FR 65554, Dec. 15, 1993]
Sec. 80.7 Requests for information.
(a) When the Administrator, the Regional Administrator, or their
delegates have reason to believe that a violation of section 211(c) or
section 211(n) of the Act and the regulations thereunder has occurred,
they may require any refiner, distributor, wholesale purchaser-consumer,
or retailer to report the following information regarding receipt,
transfer, delivery, or sale of gasoline represented to be unleaded
gasoline and to allow the reproduction of such information at all
reasonable times.
(1) For any bulk shipment of gasoline represented to be unleaded
gasoline which is transferred, sold, or delivered within the previous 6
months by a refiner or a distributor to a distributor, wholesale
purchaser-consumer or a retail outlet, the refiner or distributor shall
maintain and provide the following information as applicable:
(i) Business or corporate name and address of distributors,
wholesale purchaser-consumers or retail outlets to which the gasoline
has been transferred, sold, or delivered.
(ii) Quantity of gasoline involved.
(iii) Date of delivery.
(iv) Storage location of gasoline prior to transit via delivery
vessel (e.g., location of a bulk terminal).
(v) Business or corporate name and address of the person who
delivered the gasoline.
(vi) Identification of delivery vessel (e.g., truck number). This
information
[[Page 20]]
shall be supplied by the person in paragraph (a)(1)(v) of this section
who performed the delivery, e.g., common or contract carrier.
(2) For any bulk shipment of gasoline represented to be unleaded
gasoline received by a retail outlet or a wholesale-purchaser-consumer
facility within the previous 6 months, whether by purchase or otherwise,
the retailer or wholesale purchaser-consumer shall maintain
accessibility to and provide the following information:
(i) Business or corporate name and address of the distributor.
(ii) Quantity of gasoline received.
(iii) Date of receipt.
(b) Upon request by the Administrator, the Regional Administrator,
or their delegates, any retailer shall provide documentation of his
annual total sales volume in gallons of gasoline for each retail outlet
for each calendar year beginning with 1971.
(c) Any refiner, distributor, wholesale purchaser-consumer,
retailer, or importer shall provide such other information as the
Administrator or his authorized representative may reasonably require to
enable him to determine whether such refiner, distributor, wholesale
purchaser-consumer, retailer, or importer has acted or is acting in
compliance with sections 211(c) and 211(n) of the Act and the
regulations thereunder and shall, upon request of the Administrator or
his authorized representative, produce and allow reproduction of any
relevant records at all reasonable times. Such information may include
but is not limited to records of unleaded gasoline inventory at a
wholesale purchaser-consumer facility or a retail outlet, unleaded pump
meter readings at a wholesale purchaser-consumer facility or a retail
outlet, and receipts providing the date of acquisition of signs, labels,
and nozzles required by Sec. 80.22. No person shall be required to
furnish information requested under this paragraph if he can establish
that such information is not maintained in the normal course of his
business.
(Secs. 211, 301, Clean Air Act, as amended (42 U.S.C. 1857f-6c, 1857g))
[40 FR 36336, Aug. 20, 1975, as amended at 42 FR 45307, Sept. 9, 1977;
47 FR 49332, Oct. 29, 1982; 61 FR 3837, Feb. 2, 1996]
Sec. 80.8 Sampling methods for gasoline, diesel fuel, fuel additives,
and renewable fuels.
The sampling methods specified in this section shall be used to
collect samples of gasoline, diesel fuel, blendstocks, fuel additives
and renewable fuels for purposes of determining compliance with the
requirements of this part.
(a) Manual sampling. Manual sampling of tanks and pipelines shall be
performed according to the applicable procedures specified in ASTM
D4057.
(b) Automatic sampling. Automatic sampling of petroleum products in
pipelines shall be performed according to the applicable procedures
specified in ASTM D4177.
(c) Sampling and sample handling for volatility measurement. Samples
to be analyzed for Reid Vapor Pressure (RVP) shall be collected and
handled according to the applicable procedures specified in ASTM D5842.
(d) Sample compositing. Composite samples shall be prepared using
the applicable procedures specified in ASTM D5854.
(e) Materials incorporated by reference. The published materials
identified in this section are incorporated by reference into this
section with the approval of the Director of the Federal Register under
5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than
that specified in this section, a document must be published in the
Federal Register and the material must be available to the public. All
approved materials are available for inspection at the Air and Radiation
Docket and Information Center (Air Docket) in the EPA Docket Center
(EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave. NW.,
Washington, DC. The EPA/DC Public Reading Room hours of operation are
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.
The telephone number of the EPA/DC Public Reading Room is (202) 566-
1744, and the telephone number for the Air Docket is (202) 566-1742.
These approved materials are also available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call (202) 741-6030 or go to
http://
[[Page 21]]
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html. In addition, these materials are available from the
sources listed below.
(1) ASTM International material. The following standards are
available from ASTM International, 100 Barr Harbor Dr., P.O. Box C700,
West Conshohocken, PA 19428-2959, (877) 909-ASTM, or http://
www.astm.org:
(i) ASTM D4057-12, Standard Practice for Manual Sampling of
Petroleum and Petroleum Products, approved December 1, 2012 (``ASTM
D4057'').
(ii) ASTM D4177-95 (Reapproved 2010), Standard Practice for
Automatic Sampling of Petroleum and Petroleum Products, approved May 1,
2010 (``ASTM D4177'').
(iii) ASTM D5842-14, Standard Practice for Sampling and Handling of
Fuels for Volatility Measurement, approved January 15, 2014 (``ASTM
D5842'').
(iv) ASTM D5854-96 (Reapproved 2010), Standard Practice for Mixing
and Handling of Liquid Samples of Petroleum and Petroleum Products,
approved May 1, 2010 (``ASTM D5854'').
(2) [Reserved]
[79 FR 23631, Apr. 28, 2014, as amended at 80 FR 9090, Feb. 19, 2015]
Sec. 80.9 Rounding a test result for determining conformance with
a fuels standard.
(a) For purposes of determining compliance with the fuel standards
of 40 CFR part 80, a test result will be rounded to the nearest unit of
significant digits specified in the applicable fuel standard in
accordance with the rounding method described in the ASTM standard
practice, ASTM E 29-02 e1, entitled, ``Standard Practice for
Using Significant Digits in Test Data to Determine Conformance with
Specifications''.
(b) ASTM standard practice, E 29-02 e1 is incorporated by
reference. This incorporation by reference was approved by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. A copy may be obtained from the American Society for Testing
and Materials, 100 Barr Harbor Dr., West Conshohocken, PA 19428-2959.
Copies may be inspected at the Air Docket, EPA/DC, EPA West, Room B102,
1301 Constitution Ave., NW., Washington, DC, or at the National Archives
and Records Administration (NARA). For information on the availability
of this material at NARA, call 202-741-6030 or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
[71 FR 16499, Apr. 3, 2006]
Subpart B_Controls and Prohibitions
Sec. Sec. 80.20-80.21 [Reserved]
Sec. 80.22 Controls and prohibitions.
(a) After December 31, 1995, no person shall sell, offer for sale,
supply, offer for supply, dispense, transport, or introduce into
commerce gasoline represented to be unleaded gasoline unless such
gasoline meets the defined requirements for unleaded gasoline in Sec.
80.2(g); nor shall he dispense, or cause or allow the gasoline other
than unleaded gasoline to be dispensed into any motor vehicle which is
equipped with a gasoline tank filler inlet which is designed for the
introduction of unleaded gasoline.
(b) After December 31, 1995, no person shall sell, offer for sale,
supply, offer for supply, dispense, transport, or introduce into
commerce for use as fuel in any motor vehicle (as defined in Section
216(2) of the Clean Air Act, 42 U.S.C. 7550(2)), any gasoline which is
produced with the use of lead additives or which contains more than 0.05
gram of lead per gallon.
(c)-(e) [Reserved]
(f) Every retailer and wholesale purchaser-consumer shall equip all
gasoline pumps from which gasoline is dispensed into motor vehicles with
a nozzle spout that meets all the following specifications:
(1) The outside diameter of the terminal end shall not be greater
than 0.840 inches (2.134 centimeters).
(2) The terminal end shall have a straight section of at least 2.5
inches (6.34 centimeters).
(3) The retaining spring shall terminate at least 3.0 inches (7.6
centimeters) from the terminal end.
[[Page 22]]
(g) The specifications in this paragraph (g) apply for any new
nozzle installations used primarily for dispensing gasoline into marine
vessels beginning January 1, 2009. (Note that nozzles meeting the
specifications of this paragraph (g) also meet the specifications of
paragraph (f) of this section. Note also that the additional
specifications in this paragraph (g) do not apply for nozzles used
primarily for dispensing gasoline into motor vehicles rather than marine
vessels.) Every retailer and wholesale purchaser-consumer shall use
nozzles meeting these specifications for any new construction or for
nozzle replacements. This does not require replacement of existing
nozzles for refueling marine vessels before they would be replaced for
other reasons. The following specifications apply to spouts on new or
replacement nozzles intended for dispensing gasoline into marine
vessels:
(1) The outside diameter of the terminal end shall have a diameter
of 0.824 0.017 inches (2.093 0.043 centimeters).
(2) The spout shall include an aspirator hole for automatic shutoff
positioned with a center that is 0.67 0.05 inches
(1.70 0.13 centimeters) from the terminal end of
the spout.
(3) The terminal end shall have a straight section of at least 2.5
inches (6.34 centimeters) with no holes or grooves other than the
aspirator hole.
(4) The retaining spring (if applicable) shall terminate at least
3.0 inches (7.6 centimeters) from the terminal end.
(h)-(i) [Reserved]
(j) After July 1, 1996 every retailer and wholesale purchaser-
consumer handling over 10,000 gallons (37,854 liters) of fuel per month
shall limit each nozzle from which gasoline or methanol is introduced
into motor vehicles to a maximum fuel flow rate not to exceed 10 gallons
per minute (37.9 liters per minute). The flow rate may be controlled
through any means in the pump/dispenser system, provided the nozzle flow
rate does not exceed 10 gallons per minute (37.9 liters per minute).
After January 1, 1998 this requirement applies to every retailer and
wholesale purchaser-consumer. Any dispensing pump that is dedicated
exclusively to heavy-duty vehicles, boats, or airplanes is exempt from
this requirement.
[38 FR 1255, Jan. 10, 1973, as amended at 39 FR 16125, May 17, 1974; 39
FR 43283, Dec. 12, 1974; 48 FR 4287, Jan. 31, 1983; 56 FR 13768, Apr. 4,
1991; 58 FR 16019, Mar. 24, 1993; 61 FR 3837, Feb. 2, 1996; 61 FR 33039,
June 26, 1996; 73 FR 59178, Oct. 8, 2008]
Sec. 80.23 Liability for violations.
Liability for violations of paragraphs (a) and (b) of Sec. 80.22
shall be determined as follows:
(a)(1) Where the corporate, trade, or brand name of a gasoline
refiner or any of its marketing subsidiaries appears on the pump stand
or is displayed at the retail outlet or wholesale purchaser-consumer
facility from which the gasoline was sold, dispensed, or offered for
sale, the retailer or wholesale purchaser-consumer, the reseller (if
any), and such gasoline refiner shall be deemed in violation. Except as
provided in paragraph (b)(2) of this section, the refiner shall be
deemed in violation irrespective of whether any other refiner,
distributor, retailer, or wholesale purchaser-consumer or the employee
or agent of any refiner, distributor, retailer, or wholesale purchaser-
consumer may have caused or permitted the violation.
(2) Where the corporate, trade, or brand name of a gasoline refiner
or any of its marketing subsidiaries does not appear on the pump stand
and is not displayed at the retail outlet or wholesale purchaser-
consumer facility from which the gasoline was sold, dispensed, or
offered for sale, the retailer or wholesale purchaser-consumer and any
distributor who sold that person gasoline contained in the storage tank
which supplied that pump at the time of the violation shall be deemed in
violation.
(b)(1) In any case in which a retailer or wholesale purchaser-
consumer and any gasoline refiner or distributor would be in violation
under paragraph (a) (1) or (2) of this section, the retailer or
wholesale purchaser-consumer shall not be liable if he can demonstrate
that the violation was not caused by him or his employee or agent.
(2) In any case in which a retailer or wholesale purchaser-consumer,
a reseller (if any), and any gasoline refiner
[[Page 23]]
would be in violation under paragraph (a)(1) of this section, the
refiner shall not be deemed in violation if he can demonstrate:
(i) That the violation was not caused by him or his employee or
agent, and
(ii) That the violation was caused by an act in violation of law
(other than the Act or this part), or an act of sabotage, vandalism, or
deliberate commingling of gasoline which is produced with the use of
lead additives or phosphorus additives with unleaded gasoline, whether
or not such acts are violations of law in the jurisdiction where the
violation of the requirements of this part occurred, or
(iii) That the violation was caused by the action of a reseller or a
retailer supplied by such reseller, in violation of a contractual
undertaking imposed by the refiner on such reseller designed to prevent
such action, and despite reasonable efforts by the refiner (such as
periodic sampling) to insure compliance with such contractual
obligation, or
(iv) That the violation was caused by the action of a retailer who
is supplied directly by the refiner (and not by a reseller), in
violation of a contractual undertaking imposed by the refiner on such
retailer designed to prevent such action, and despite reasonable efforts
by the refiner (such as periodic sampling) to insure compliance with
such contractual obligation, or
(v) That the violation was caused by the action of a distributor
subject to a contract with the refiner for transportation of gasoline
from a terminal to a distributor, retailer or wholesale purchaser-
consumer, in violation of a contractual undertaking imposed by the
refiner on such distributor designed to prevent such action, and despite
reasonable efforts by the refiner (such as periodic sampling) to insure
compliance with such contractual obligation, or
(vi) That the violation was caused by a distributor (such as a
common carrier) not subject to a contract with the refiner but engaged
by him for transportation of gasoline from a terminal to a distributor,
retailer or wholesale purchaser-consumer, despite reasonable efforts by
the refiner (such as specification or inspection of equipment) to
prevent such action, or
(vii) That the violation occurred at a wholesale purchaser-consumer
facility: Provided, however, That if such wholesale purchaser-consumer
was supplied by a reseller, the refiner must demonstrate that the
violation could not have been prevented by such reseller's compliance
with a contractual undertaking imposed by the refiner on such reseller
as provided in paragraph (b)(2)(iii) of this section.
(viii) In paragraphs (b)(2)(ii) through (vi) hereof, the term ``was
caused'' means that the refiner must demonstrate by reasonably specific
showings by direct or circumstantial evidence that the violation was
caused or must have been caused by another.
(c) In any case in which a retailer or wholesale purchaser-consumer,
a reseller, and any gasoline refiner would be in violation under
paragraph (a)(1) of this section, the reseller shall not be deemed in
violation if he can demonstrate that the violation was not caused by him
or his employee or agent.
(d) In any case in which a retailer or wholesale purchaser-consumer
and any gasoline distributor would be in violation under paragraph
(a)(2) of this section, the distributor will not be deemed in violation
if he can demonstrate that the violation was not caused by him or his
employee or agent.
(e)(1) In any case in which a retailer or his employee or agent or a
wholesale purchase-consumer or his employee or agent introduced gasoline
other than unleaded gasoline into a motor vehicle which is equipped with
a gasoline tank filler inlet designed for the introduction of unleaded
gasoline, only the retailer or wholesale purchaser-consumer shall be
deemed in violation.
(2) [Reserved]
(Secs. 211, 301 of the Clean Air Act, as amended (42 U.S.C. 1857f-6c,
1857g))
[38 FR 1255, Jan. 10, 1973, as amended at 39 FR 42360, Dec. 5, 1974; 39
FR 43284, Dec. 12, 1974; 42 FR 45307, Sept. 9, 1977; 61 FR 3837, Feb. 2,
1996]
Sec. 80.24 Controls applicable to motor vehicle manufacturers.
(a) [Reserved]
[[Page 24]]
(b) The manufacturer of any motor vehicle equipped with an emission
control device which the Administrator has determined will be
significantly impaired by the use of gasoline other than unleaded
gasoline shall manufacture such vehicle with each gasoline tank filler
inlet having a restriction which prevents the insertion of a nozzle with
a spout having a terminal end with an outside diameter of 0.930 inch
(2.363 centimeters) or more and allows the insertion of a nozzle with a
spout meeting the specifications of Sec. 80.22(f)(2).
(c) A motorcycle, as defined at 40 CFR 86.402 for the applicable
model year, is exempt from the requirements of paragraph (b) of this
section.
[38 FR 26450, Sept. 21, 1973, as amended at 39 FR 34538, Sept. 26, 1974;
46 FR 50472, Oct. 13, 1981; 48 FR 29692, June 28, 1983; 51 FR 33731,
Sept. 22, 1986; 61 FR 3838, Feb. 2, 1996; 61 FR 8221, Mar. 4, 1996; 61
FR 28766, June 6, 1996; 67 FR 36771, May 24, 2002]
Sec. 80.25 [Reserved]
Sec. 80.26 Confidentiality of information.
Information obtained by the Administrator or his representatives
pursuant to this part shall be treated, in so far as its confidentiality
is concerned, in accordance with the provisions of 40 CFR part 2.
[38 FR 33741, Dec. 6, 1973]
Sec. 80.27 Controls and prohibitions on gasoline volatility.
(a)(1) Prohibited activities in 1991. During the 1991 regulatory
control periods, no refiner, importer, distributor, reseller, carrier,
retailer or wholesale purchaser-consumer shall sell, offer for sale,
dispense, supply, offer for supply, or transport gasoline whose Reid
vapor pressure exceeds the applicable standard. As used in this section
and Sec. 80.28, ``applicable standard'' means the standard listed in
this paragraph for the geographical area and time period in which the
gasoline is intended to be dispensed to motor vehicles or, if such area
and time period cannot be determined, the standard listed in this
paragraph that specifies the lowest Reid vapor pressure for the year in
which the gasoline is being sampled. As used in this section and Sec.
80.28, ``regulatory control periods'' mean June 1 to September 15 for
retail outlets and wholesale purchaser-consumers and May 1 to September
15 for all other facilities.
Applicable Standards \1\
----------------------------------------------------------------------------------------------------------------
State May June July Aug. Sept.
----------------------------------------------------------------------------------------------------------------
Alabama........................................ 10.5 10.5 9.5 9.5 10.5
Arizona:
North of 34 degrees latitude and east of 9.5 9.0 9.0 9.5 9.5
111 degrees longitude.....................
All areas except North of 34 degrees 9.5 9.0 9.0 9.0 9.5
latitude and east of 111 degrees longitude
Arkansas....................................... 10.5 10.5 9.5 9.5 10.5
California: \2\
North Coast.................................. 10.5 9.5 9.5 9.5 9.5
South Coast.................................. 9.5 9.5 9.5 9.5 9.5
Southeast.................................... 9.5 9.5 9.5 9.5 9.5
Interior..................................... 9.5 9.5 9.5 9.5 9.5
Colorado....................................... 10.5 9.5 9.5 9.5 9.5
Connecticut.................................... 10.5 10.5 10.5 10.5 10.5
Delaware....................................... 10.5 10.5 10.5 10.5 10.5
District of Columbia........................... 10.5 10.5 10.5 10.5 10.5
Florida........................................ 10.5 10.5 10.5 10.5 10.5
Georgia........................................ 10.5 10.5 9.5 9.5 10.5
Idaho.......................................... 10.5 10.5 10.5 10.5 10.5
Illinois:
North of 40[deg] Latitude.................... 10.5 10.5 10.5 10.5 10.5
South of 40[deg] Latitude.................... 10.5 10.5 9.5 9.5 10.5
Indiana........................................ 10.5 10.5 10.5 10.5 10.5
Iowa........................................... 10.5 10.5 10.5 10.5 10.5
Kansas......................................... 10.5 10.5 9.5 9.5 10.5
Kentucky....................................... 10.5 10.5 10.5 10.5 10.5
Louisiana...................................... 10.5 10.5 9.5 9.5 10.5
Maine.......................................... 10.5 10.5 10.5 10.5 10.5
Maryland....................................... 10.5 10.5 10.5 10.5 10.5
Massachusetts.................................. 10.5 10.5 10.5 10.5 10.5
Michigan....................................... 10.5 10.5 10.5 10.5 10.5
[[Page 25]]
Minnesota...................................... 10.5 10.5 10.5 10.5 10.5
Mississippi.................................... 10.5 10.5 9.5 9.5 10.5
Missouri....................................... 10.5 10.5 9.5 9.5 10.5
Montana........................................ 10.5 10.5 10.5 10.5 10.5
Nebraska....................................... 10.5 10.5 10.5 10.5 10.5
Nevada:
North of 38[deg] Latitude.................... 10.5 9.5 9.5 9.5 9.5
South of 38[deg] Latitude.................... 9.5 9.5 9.5 9.5 9.5
New Hampshire.................................. 10.5 10.5 10.5 10.5 10.5
New Jersey..................................... 10.5 10.5 10.5 10.5 10.5
New Mexico:
North of 34[deg] Latitude.................... 9.5 9.0 9.0 9.5 9.5
South of 34[deg] Latitude.................... 9.5 9.0 9.0 9.0 9.5
New York....................................... 10.5 10.5 10.5 10.5 10.5
North Carolina................................. 10.5 10.5 9.5 9.5 10.5
North Dakota................................... 10.5 10.5 10.5 10.5 10.5
Ohio........................................... 10.5 10.5 10.5 10.5 10.5
Oklahoma....................................... 10.5 9.5 9.5 9.5 9.5
Oregon:
East of 122[deg] Longitude................... 10.5 10.5 10.5 10.5 10.5
West of 122[deg] Longitude................... 10.5 10.5 10.5 10.5 10.5
Pennsylvania................................... 10.5 10.5 10.5 10.5 10.5
Rhode Island................................... 10.5 10.5 10.5 10.5 10.5
South Carolina................................. 10.5 10.5 9.5 9.5 10.5
South Dakota................................... 10.5 10.5 10.5 10.5 10.5
Tennessee...................................... 10.5 10.5 9.5 9.5 10.5
Texas:
East of 99[deg] Longitude.................... 9.5 9.0 9.0 9.0 9.5
West of 99[deg] Longitude.................... 9.5 9.0 9.0 9.0 9.5
Utah........................................... 10.5 9.5 9.5 9.5 9.5
Vermont........................................ 10.5 10.5 10.5 10.5 10.5
Virginia....................................... 10.5 10.5 10.5 10.5 10.5
Washington:
East of 122[deg] Longitude................... 10.5 10.5 10.5 10.5 10.5
West of 122[deg] Longitude................... 10.5 10.5 10.5 10.5 10.5
West Virginia.................................. 10.5 10.5 10.5 10.5 10.5
Wisconsin...................................... 10.5 10.5 10.5 10.5 10.5
Wyoming........................................ 10.5 10.5 10.5 10.5 10.5
----------------------------------------------------------------------------------------------------------------
\1\ Standards are expressed in pounds per square inch (psi).
\2\ California areas include the following counties:
North Coast--Alameda, Contra Costa, Del Norte, Humbolt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San
Francisco, San Mateo, Santa Clara, Santa Cruz, Solano, Sonoma, and Trinity.
Interior--Lassen, Modoc, Plumas, Sierra, Siskiyou, Alpine, Amador, Butte, Calaveras, Colusa, El Dorado, Fresno,
Glenn, Kern (except that portion lying east of the Los Angeles County Aqueduct), Kings, Madera, Mariposa,
Merced, Placer, Sacramento, San Joaquin, Shasta, Stanislaus, Sutter, Tehama, Tulare, Tuolumne, Yolo, Yuba, and
Nevada.
South Coast--Orange, San Diego, San Luis Obispo, Santa Barbara, Ventura, and Los Angeles (except that portion
north of the San Gabriel mountain range and east of the Los Angeles County Aqueduct).
Southeast--Imperial, Riverside, San Bernardino, Los Angeles (that portion north of the San Gabriel mountain
range and east of the Los Angeles County Aqueduct), Mono, Inyo, and Kern (that portion lying east of the Los
Angeles County Aqueduct).
(2) Prohibited activities in 1992 and beyond. During the 1992 and
later high ozone seasons no person, including without limitation, no
retailer or wholesale purchaser-consumer, and during the 1992 and later
regulatory control periods, no refiner, importer, distributor, reseller,
or carrier shall sell, offer for sale, dispense, supply, offer for
supply, transport or introduce into commerce gasoline whose Reid vapor
pressure exceeds the applicable standard. As used in this section and
Sec. 80.28, ``applicable standard'' means:
(i) 9.0 psi for all designated volatility attainment areas; and
(ii) The standard listed in this paragraph for the state and time
period in which the gasoline is intended to be dispensed to motor
vehicles for any designated volatility nonattainment area within such
State or, if such area and time period cannot be determined, the
standard listed in this paragraph that specifies the lowest Reid vapor
pressure for the year in which the gasoline is sampled. Designated
volatility attainment and designated volatility nonattainment areas and
their exact boundaries are described in 40 CFR part 81, or such part as
shall later be designated for that purpose. As used in
[[Page 26]]
this section and Sec. 80.27, ``high ozone season'' means the period
from June 1 to September 15 of any calendar year and ``regulatory
control period'' means the period from May 1 to September 15 of any
calendar year.
Applicable Standards \1\ 1992 and Subsequent Years
----------------------------------------------------------------------------------------------------------------
State May June July August September
----------------------------------------------------------------------------------------------------------------
Alabama \8\.................................... 9.0 9.0 9.0 9.0 9.0
Arizona........................................ 9.0 7.8 7.8 7.8 7.8
Arkansas....................................... 9.0 7.8 7.8 7.8 7.8
California..................................... 9.0 7.8 7.8 7.8 7.8
Colorado \2\................................... 9.0 7.8 7.8 7.8 7.8
Connecticut.................................... 9.0 9.0 9.0 9.0 9.0
Delaware....................................... 9.0 9.0 9.0 9.0 9.0
District of Columbia........................... 9.0 7.8 7.8 7.8 7.8
Florida:.......................................
Florida...................................... 9.0 9.0 9.0 9.0 9.0
Southeast Florida, Tampa Bay and Jacksonville 9.0 9.0 9.0 9.0 9.0
\5\.........................................
Georgia........................................ 9.0 7.8 7.8 7.8 7.8
Idaho.......................................... 9.0 9.0 9.0 9.0 9.0
Illinois....................................... 9.0 9.0 9.0 9.0 9.0
Indiana........................................ 9.0 9.0 9.0 9.0 9.0
Iowa........................................... 9.0 9.0 9.0 9.0 9.0
Kansas......................................... 9.0 7.8 7.8 7.8 7.8
Kentucky....................................... 9.0 9.0 9.0 9.0 9.0
Louisiana\4\ \11\ \12\......................... 9.0 9.0 9.0 9.0 9.0
Maine.......................................... 9.0 9.0 9.0 9.0 9.0
Maryland....................................... 9.0 7.8 7.8 7.8 7.8
Massachusetts.................................. 9.0 9.0 9.0 9.0 9.0
Michigan....................................... 9.0 9.0 9.0 9.0 9.0
Minnesota...................................... 9.0 9.0 9.0 9.0 9.0
Mississippi.................................... 9.0 7.8 7.8 7.8 7.8
Missouri....................................... 9.0 7.8 7.8 7.8 7.8
Montana........................................ 9.0 9.0 9.0 9.0 9.0
Nebraska....................................... 9.0 9.0 9.0 9.0 9.0
Nevada......................................... 9.0 7.8 7.8 7.8 7.8
New Hampshire.................................. 9.0 9.0 9.0 9.0 9.0
New Jersey..................................... 9.0 9.0 9.0 9.0 9.0
New Mexico..................................... 9.0 7.8 7.8 7.8 7.8
New York....................................... 9.0 9.0 9.0 9.0 9.0
North Carolina \6\ \7\ \9\..................... 9.0 9.0 9.0 9.0 9.0
North Dakota................................... 9.0 9.0 9.0 9.0 9.0
Ohio........................................... 9.0 9.0 9.0 9.0 9.0
Oklahoma....................................... 9.0 7.8 7.8 7.8 7.8
Oregon......................................... 9.0 7.8 7.8 7.8 7.8
Pennsylvania................................... 9.0 9.0 9.0 9.0 9.0
Rhode Island................................... 9.0 9.0 9.0 9.0 9.0
South Carolina \3\............................. 9.0 9.0 9.0 9.0 9.0
South Dakota................................... 9.0 9.0 9.0 9.0 9.0
Tennessee \10\................................. 9.0 9.0 9.0 9.0 9.0
Texas.......................................... 9.0 7.8 7.8 7.8 7.8
Utah........................................... 9.0 7.8 7.8 7.8 7.8
Vermont........................................ 9.0 9.0 9.0 9.0 9.0
Virginia....................................... 9.0 7.8 7.8 7.8 7.8
Washington..................................... 9.0 9.0 9.0 9.0 9.0
West Virginia.................................. 9.0 9.0 9.0 9.0 9.0
Wisconsin...................................... 9.0 9.0 9.0 9.0 9.0
Wyoming........................................ 9.0 9.0 9.0 9.0 9.0
----------------------------------------------------------------------------------------------------------------
\1\ Standards are expressed in pounds per square inch (psi).
\2\ The Colorado Covered Area encompasses the Denver-Boulder-Greeley-Ft. Collins-Loveland, CO, 8-hour ozone
nonattainment area (see 40 CFR part 81).
\3\ The standard for nonattainment areas in South Carolina from June 1 until September 15 in 1992 and 1993 was
7.8 psi.
\4\ The standard for Grant Parish from June 1 until September 15 in 1992 through 2007 was 7.8 psi.
\5\ The standard for Broward, Dade, Duval, Hillsborough, Palm Beach and Pinellas Counties from June 1 until
September 15 in 1992 through 2013 was 7.8 psi.
\6\ The standard for Davidson, Forsyth and Guilford Counties and a portion of Davie County from June 1 until
September 15 in 1992 through 2013 was 7.8 psi.
\7\ The standard for Durham and Wake Counties, and a portion of Dutchville Township in Granville County from
June 1 until September 15 in 1992 through 2013 was 7.8 psi.
\8\ The standard for Jefferson and Shelby Counties from June 1 until September 15 in 1992 through July 2, 2015
was 7.8 psi.
\9\ The standard for Mecklenburg and Gaston Counties from June 1 until September 15 in 1992 through 2015 was 7.8
psi.
\10\ The standard for Knox County from June 1 until September 15 in 1992 through June 2, 1994 was 7.8 psi. The
standard for the Middle Tennessee Area (Davidson, Rutherford, Sumner, Williamson, and Wilson Counties) from
June 1 until September 15 in 1992 through June 7, 2017 was 7.8 psi. The standard in Shelby County (Memphis
Area) from June 1 until September 15 in 1992 through 2017 was 7.8 psi.
\11\ The standard for the Louisiana parishes of Beauregard, Calcasieu, Jefferson, Lafayette, Lafourche, Orleans,
Pointe Coupee, St. Bernard, St. Charles, St. James, and St. Mary from June 1 until September 15 in 1992
through 2017 was 7.8 psi.
[[Page 27]]
\12\ The standard for the Louisiana parishes of East Baton Rouge, West Baton Rouge, Livingston, Ascension, and
Iberville from June 1 until September 15 in 1992 through 2018 was 7.8 psi.
(b) Determination of compliance. Compliance with the standards
listed in paragraph (a) of this section shall be determined by the use
of the sampling methodologies specified in Sec. 80.8 and the testing
methodology specified in Sec. 80.46(c).
(c) Liability. Liability for violations of paragraph (a) of this
section shall be determined according to the provisions of Sec. 80.28.
Where the terms refiner, importer, distributor, reseller, carrier,
ethanol blender, retailer, or wholesale purchaser-consumer are expressed
in the singular in Sec. 80.28, these terms shall include the plural.
(d) Special provisions for alcohol blends. (1) Any gasoline which
meets the requirements of paragraph (d)(2) of this section shall not be
in violation of this section if its Reid vapor pressure does not exceed
the applicable standard in paragraph (a) of this section by more than
one pound per square inch (1.0 psi).
(2) In order to qualify for the special regulatory treatment
specified in paragraph (d)(1) of this section, gasoline must contain
denatured, anhydrous ethanol. The concentration of the ethanol,
excluding the required denaturing agent, must be at least 9% and no more
than 15% (by volume) of the gasoline. The ethanol content of the
gasoline shall be determined by the use of one of the testing
methodologies specified in Sec. 80.47. The maximum ethanol content
shall not exceed any applicable waiver conditions under section 211(f)
of the Clean Air Act.
(3) Each invoice, loading ticket, bill of lading, delivery ticket
and other document which accompanies a shipment of gasoline containing
ethanol shall contain a legible and conspicuous statement that the
gasoline being shipped contains ethanol and the percentage concentration
of ethanol.
(e) Testing exemptions. (1)(i) Any person may request a testing
exemption by submitting an application that includes all the information
listed in paragraphs (e)(3), (4), (5) and (6) of this section to:
Director (6406J), Field Operations and Support Division, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460
(ii) For purposes of this section, ``testing exemption'' means an
exemption from the requirements of Sec. 80.27(a) that is granted by the
Administrator for the purpose of research or emissions certification.
(2)(i) In order for a testing exemption to be granted, the applicant
must demonstrate the following:
(A) The proposed test program has a purpose that constitutes an
appropriate basis for exemption;
(B) The proposed test program necessitates the granting of an
exemption;
(C) The proposed test program exhibits reasonableness in scope; and
(D) The proposed test program exhibits a degree of control
consistent with the purpose of the program and the Environmental
Protection Agency's (EPA's) monitoring requirements.
(ii) Paragraphs (e)(3), (4), (5) and (6) of this section describe
what constitutes a sufficient demonstration for each of the four
elements in paragraphs (e)(2)(i) (A) through (D) of this section.
(3) An appropriate purpose is limited to research or emissions
certification. The testing exemption application must include a concise
statement of the purpose(s) of the testing program.
(4) With respect to the necessity that an exemption be granted, the
applicant must demonstrate an inability to achieve the stated purpose in
a practicable manner, during a period of the year in which the
volatility regulations do not apply, or without performing or causing to
be performed one or more of the prohibited activities under Sec.
80.27(a). If any site of the proposed test program is located in an area
that has been classified by the Administrator as a nonattainment area
for purposes of the ozone national ambient air quality standard, the
application must also demonstrate an inability to perform the test
program in an area that is not so classified.
(5) With respect to reasonableness, a test program must exhibit a
duration of reasonable length, effect a reasonable number of vehicles or
engines, and utilize a reasonable amount of high
[[Page 28]]
volatility fuel. In this regard, the testing exemption application must
include:
(i) An estimate of the program's duration;
(ii) An estimate of the maximum number of vehicles or engines
involved in the test program;
(iii) The time or mileage duration of the test program;
(iv) The range of volatility of the fuel (expressed in Reid Vapor
Pressure (RVP)) expected to be used in the test program; and
(v) The quantity of fuel which exceeds the applicable standard that
is expected to be used in the test program.
(6) With respect to control, a test program must be capable of
affording EPA a monitoring capability. At a minimum, the testing
exemption application must also include:
(i) The technical nature of the test program;
(ii) The site(s) of the test program (including the street address,
city, county, State, and zip code);
(iii) The manner in which information on vehicles and engines used
in the test program will be recorded and made available to the
Administrator;
(iv) The manner in which results of the test program will be
recorded and made available to the Administrator;
(v) The manner in which information on the fuel used in the test
program (including RVP level(s), name, address, telephone number, and
contact person of supplier, quantity, date received from the supplier)
will be recorded and made available to the Administrator;
(vi) The manner in which the distribution pumps will be labeled to
insure proper use of the test fuel;
(vii) The name, address, telephone number and title of the person(s)
in the organization requesting a testing exemption from whom further
information on the request may be obtained; and
(viii) The name, address, telephone number and title of the
person(s) in the organization requesting a testing exemption who will be
responsible for recording and making available to the Administrator the
information specified in paragraphs (e)(6)(iii), (iv), and (v) of this
section, and the location in which such information will be maintained.
(7) A testing exemption will be granted by the Administrator upon a
demonstration that the requirements of paragraphs (e)(2), (3), (4), (5)
and (6) of this section have been met. The testing exemption will be
granted in the form of a memorandum of exemption signed by the applicant
and the Administrator (or his delegate), which shall include such terms
and conditions as the Administrator determines necessary to monitor the
exemption and to carry out the purposes of this section. Any violation
of such a term or condition shall cause the exemption to be void.
[54 FR 11883, Mar. 22, 1989]
Editorial Note: For Federal Register citations affecting Sec.
80.27, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 80.28 Liability for violations of gasoline volatility controls
and prohibitions.
(a) Violations at refineries or importer facilities. Where a
violation of the applicable standard set forth in Sec. 80.27 is
detected at a refinery that is not an ethanol blending plant or at an
importer's facility, the refiner or importer shall be deemed in
violation.
(b) Violations at carrier facilities. Where a violation of the
applicable standard set forth in Sec. 80.27 is detected at a carrier's
facility, whether in a transport vehicle, in a storage facility, or
elsewhere at the facility, the following parties shall be deemed in
violation:
(1) The carrier, except as provided in paragraph (g)(1) of this
section;
(2) The refiner (if he is not an ethanol blender) at whose refinery
the gasoline was produced or the importer at whose import facility the
gasoline was imported, except as provided in paragraph (g)(2) of this
section;
(3) The ethanol blender (if any) at whose ethanol blending plant the
gasoline was produced, except as provided in paragraph (g)(6) of this
section; and
(4) The distributor and/or reseller, except as provided in paragraph
(g)(3) of this section.
(c) Violations at branded distributor facilities, reseller
facilities, or ethanol
[[Page 29]]
blending plants. Where a violation of the applicable standard set forth
in Sec. 80.27 is detected at a distributor facility, a reseller
facility, or an ethanol blending plant which is operating under the
corporate, trade, or brand name of a gasoline refiner or any of its
marketing subsidiaries, the following parties shall be deemed in
violation:
(1) The distributor or reseller, except as provided in paragraph
(g)(3) or (g)(8) of this section;
(2) The carrier (if any), if the carrier caused the gasoline to
violate the applicable standard;
(3) The refiner under whose corporate, trade, or brand name (or that
of any of its marketing subsidiaries) the distributor, reseller, or
ethanol blender is operating, except as provided in paragraph (g)(4) of
this section; and
(4) The ethanol blender (if any) at whose ethanol blending plant the
gasoline was produced, except as provided in paragraph (g)(6) or (g)(8)
of this section.
(d) Violations at unbranded distributor facilities or ethanol
blending plants. Where a violation of the applicable standard set forth
in Sec. 80.27 is detected at a distributor facility or an ethanol
blending plant not operating under a refiner's corporate, trade, or
brand name, or that of any of its marketing subsidiaries, the following
parties shall be deemcd in violation:
(1) The distributor, except as provided in paragraph (g)(3) or
(g)(8) of this section;
(2) The carrier (if any), if the carrier caused the gasoline to
violate the applicable standard;
(3) The refiner (if he is not an ethanol blender) at whose refinery
the gasoline was produced or the importer at whose import facility the
gasoline was imported, except as provided in paragraph (g)(2) of this
section; and
(4) The ethanol blender (if any) at whose ethanol blending plant the
gasoline was produced, except as provided in paragraph (g)(6) or (g)(8)
of this section.
(e) Violations at branded retail outlets or wholesale purchaser-
consumer facilities. Where a violation of the applicable standard set
forth in Sec. 80.27 is detected at a retail outlet or at a wholesale
purchaser-consumer facility displaying the corporate, trade, or brand
name of a gasoline refiner or any of its marketing subsidiaries, the
following parties shall be deemed in violation:
(1) The retailer or wholesale purchaser-consumer, except as provided
in paragraph (g)(5) or (g)(8) of this section;
(2) The distributor and/or reseller (if any), except as provided in
paragraph (g)(3) or (g)(8) of this section;
(3) The carrier (if any), if the carrier caused the gasoline to
violate the applicable standard;
(4) The refiner whose corporate, trade, or brand name (or that of
any of its marketing subsidiaries) is displayed at the retail outlet or
wholesale purchaser-consumer facility, except as provided in paragraph
(g)(4) of this section; and
(5) The ethanol blender (if any) at whose ethanol blending plant the
gasoline was produced, except as provided in paragraph (g)(6) or (g)(8)
of this section.
(f) Violations at unbranded retail outlets or wholesale purchaser-
consumer facilities. Where a violation of the applicable standard set
forth in Sec. 80.27 is detected at a retail outlet or at a wholesale
purchaser-consumer facility not displaying the corporate, trade, or
brand name of a refiner or any of its marketing subsidiaries, the
following parties shall be deemed in violation:
(1) The retailer or wholesale purchaser-consumer, except as provided
in paragraph (g)(5) or (g)(8) of this section;
(2) The distributor (if any), except as provided in paragraph (g)(3)
or (g)(8) of this section;
(3) The carrier (if any), if the carrier caused the gasoline to
violate the applicable standard;
(4) The ethanol blender (if any) at whose ethanol blending plant the
gasoline was produced, except as provided in paragraph (g)(6) of this
section; and
(5) The refiner (if he is not an ethanol blender) at whose refinery
the gasoline was produced and/or the importer at whose import facility
the gasoline was imported, except as provided in paragraph (g)(2) of
this section.
(g) Defenses. (1) In any case in which a carrier would be in
violation under paragraph (b)(1) of this section, the
[[Page 30]]
carrier shall not be deemed in violation if he can demonstrate:
(i) That the violation was not caused by him or his employee or
agent; and
(ii) Evidence of an oversight program conducted by the carrier, such
as periodic sampling and testing of incoming gasoline, for monitoring
the volatility of gasoline stored or transported by that carrier.
(iii) An oversight program under paragraph (g)(1)(ii) of this
section need not include periodic sampling and testing of gasoline in a
tank truck operated by a common carrier, but in lieu of such tank truck
sampling and testing, the common carrier shall demonstrate evidence of
an oversight program for monitoring compliance with the volatility
requirements of Sec. 80.27 relating to the transport or storage of
gasoline by tank truck, such as appropriate guidance to drivers on
compliance with applicable requirements and the periodic review of
records normally received in the ordinary course of business concerning
gasoline quality and delivery.
(2) In any case in which a refiner or importer would be in violation
under paragraphs (b)(2), (d)(3), or (f)(5) of this section, the refiner
or importer shall not be deemed in violation if he can demonstrate:
(i) That the violation was not caused by him or his employee or
agent; and
(ii) Test results using the sampling methodology set forth in Sec.
80.8 and the testing methodology set forth in Sec. 80.46(c), or any
other test method where adequate correlation to Sec. 80.46(c) is
demonstrated, which show evidence that the gasoline determined to be in
violation was in compliance with the applicable standard when it was
delivered to the next party in the distribution system.
(3) In any case in which a distributor or reseller would be in
violation under paragraph (b)(4), (c)(1), (d)(1), (e)(2), or (f)(2) of
this section, the distributor or reseller shall not be deemed in
violation if he can demonstrate:
(i) That the violation was not caused by him or his employee or
agent; and
(ii) Evidence of an oversight program conducted by the distributor
or reseller, such as periodic sampling and testing of gasoline, for
monitoring the volatility of gasoline that the distributor or reseller
sells, supplies, offers for sale or supply, or transports.
(4) In any case in which a refiner would be in violation under
paragraphs (c)(3) or (e)(4) of this section, the refiner shall not be
deemed in violation if he can demonstrate all of the following:
(i) Test results using the sampling methodology set forth in Sec.
80.8 and the testing methodology set forth in Sec. 80.46(c), or any
other test method where adequate correlation to Sec. 80.46(c) is
demonstrated, which show evidence that the gasoline determined to be in
violation was in compliance with the applicable standard when
transported from the refinery.
(ii) That the violation was not caused by him or his employee or
agent; and
(iii) That the violation:
(A) Was caused by an act in violation of law (other than the Act or
this part), or an act of sabotage or vandalism, whether or not such acts
are violations of law in the jurisdiction where the violation of the
requirements of this part occurred, or
(B) Was caused by the action of a reseller, an ethanol blender, or a
retailer supplied by such reseller or ethanol blender, in violation of a
contractual undertaking imposed by the refiner on such reseller or
ethanol blender designed to prevent such action, and despite reasonable
efforts by the refiner (such as periodic sampling and testing) to insure
compliance with such contractual obligation, or
(C) Was caused by the action of a retailer who is supplied directly
by the refiner (and not by a reseller), in violation of a contractual
undertaking imposed by the refiner on such retailer designed to prevent
such action, and despite reasonable efforts by the refiner (such as
periodic sampling and testing) to insure compliance with such
contractual obligation, or
(D) Was caused by the action of a distributor or an ethanol blender
subject to a contract with the refiner for transportation of gasoline
from a terminal to a distributor, ethanol blender, retailer or wholesale
purchaser-consumer, in violation of a contractual undertaking imposed by
the refiner on
[[Page 31]]
such distributor or ethanol blender designed to prevent such action, and
despite reasonable efforts by the refiner (such as periodic sampling and
testing) to insure compliance with such contractual obligation, or
(E) Was caused by a carrier or other distributor not subject to a
contract with the refiner but engaged by him for transportation of
gasoline from a terminal to a distributor, ethanol blender, retailer or
wholesale purchaser-consumer, despite reasonable efforts by the refiner
(such as specification or inspection of equipment) to prevent such
action, or
(F) Occurred at a wholesale purchaser-consumer facility: Provided,
however, That if such wholesale purchaser-consumer was supplied by a
reseller or ethanol blender, the refiner must demonstrate that the
violation could not have been prevented by such reseller's or ethanol
blender's compliance with a contractual undertaking imposed by the
refiner on such reseller or ethanol blender as provided in paragraph
(g)(4)(iii)(B) of this section.
(iv) In paragraphs (g)(4)(iii)(A) through (E) of this section, the
term ``was caused'' means that the refiner must demonstrate by
reasonably specific showings, by direct or circumstantial evidence, that
the violation was caused or must have been caused by another.
(5) In any case in which a retailer or wholesale purchaser-consumer
would be in violation under paragraphs (e)(1) or (f)(1) of this section,
the retailer or wholesale purchaser-consumer shall not be deemed in
violation if he can demonstrate that the violation was not caused by him
or his employee or agent.
(6) In any case in which an ethanol blender would be in violation
under paragraphs (b)(3), (c)(4), (d)(4), (e)(5) or (f)(4) of this
section, the ethanol blender shall not be deemed in violation if he can
demonstrate:
(i) That the violation was not caused by him or his employee or
agent; and
(ii) Evidence of an oversight program conducted by the ethanol
blender, such as periodic sampling and testing of gasoline, for
monitoring the volatility of gasoline that the ethanol blender sells,
supplies, offers for sale or supply or transports; and
(iii) That the gasoline determined to be in violation contained no
more than 15% ethanol (by volume) when it was delivered to the next
party in the distribution system.
(7) In paragraphs (g)(1)(i), (g)(2)(i), (g)(3)(i), (g)(4)(ii),
(g)(5), and (g)(6)(i) of this section, the respective party must
demonstrate by reasonably specific showings, by direct or circumstantial
evidence, that it or its employee or agent did not cause the violation.
(8) In addition to the defenses provided in paragraphs (g)(1)
through (6) of this section, in any case in which an ethanol blender,
distributor, reseller, carrier, retailer, or wholesale purchaser-
consumer would be in violation under paragraph (b), (c), (d), (e), or
(f) of this section, as a result of gasoline which contains between 9
and 15 percent ethanol (by volume) but exceeds the applicable standard
by more than one pound per square inch (1.0 psi), the ethanol blender,
distributor, reseller, carrier, retailer or wholesale purchaser-consumer
shall not be deemed in violation if such person can demonstrate, by
showing receipt of a certification from the facility from which the
gasoline was received or other evidence acceptable to the Administrator,
that:
(i) The gasoline portion of the blend complies with the Reid vapor
pressure limitations of Sec. 80.27(a); and
(ii) The ethanol portion of the blend does not exceed 15 percent (by
volume); and
(iii) No additional alcohol or other additive has been added to
increase the Reid vapor pressure of the ethanol portion of the blend.
In the case of a violation alleged against an ethanol blender,
distributor, reseller, or carrier, if the demonstration required by
paragraphs (g)(8)(i), (ii), and (iii) of this section is made by a
certification, it must be supported by evidence that the criteria in
paragraphs (g)(8)(i), (ii), and (iii) of this section have been met,
such as an oversight program conducted by or on behalf of the ethanol
blender, distributor, reseller or carrier alleged to be in violation,
which includes periodic sampling and testing of the gasoline or
[[Page 32]]
monitoring the volatility and ethanol content of the gasoline. Such
certification shall be deemed sufficient evidence of compliance provided
it is not contradicted by specific evidence, such as testing results,
and provided that the party has no other reasonable basis to believe
that the facts stated in the certification are inaccurate. In the case
of a violation alleged against a retail outlet or wholesale purchaser-
consumer facility, such certification shall be deemed an adequate
defense for the retailer or wholesale purchaser-consumer, provided that
the retailer or wholesale purchaser-consumer is able to show
certificates for all of the gasoline contained in the storage tank found
in violation, and, provided that the retailer or wholesale purchaser-
consumer has no reasonable basis to believe that the facts stated in the
certifications are inaccurate.
[54 FR 11885, Mar. 22, 1989; 54 FR 27017, June 27, 1989, as amended at
56 FR 64711, Dec. 12, 1991; 58 FR 14484, Mar. 17, 1993; 62 FR 68205,
Dec. 31, 1997; 67 FR 8736, Feb. 26, 2002; 84 FR 27021, June 10, 2019]
Sec. 80.29 Controls and prohibitions on diesel fuel quality.
(a) Prohibited activities. Beginning October 1, 1993 and continuing
until the implementation dates for subpart I of part 80 as specified in
Sec. 80.500, except as provided in 40 CFR 69.51, no person, including
but not limited to, refiners, importers, distributors, resellers,
carriers, retailers or wholesale purchaser-consumers, shall manufacture,
introduce into commerce, sell, offer for sale, supply, store, dispense,
offer for supply or transport any diesel fuel for use in motor vehicles,
unless the diesel fuel:
(1) Has a sulfur percentage, by weight, no greater than 0.05
percent;
(2)(i) Has a cetane index of at least 40; or
(ii) Has a maximum aromatic content of 35 volume percent; and
(3) Is free of visible evidence of the dye solvent red 164; unless
it is used in a manner that is tax-exempt as defined under section 4082
of the Internal Revenue Code (26 U.S.C. 4082).
(b) Determination of compliance. (1) Any diesel fuel which does not
show visible evidence of being dyed with dye solvent red 164 (which has
a characteristic red color in diesel fuel) shall be considered to be
available for use in diesel motor vehicles and motor vehicle engines,
and shall be subject to the prohibitions of paragraph (a) of this
section.
(2) Compliance with the sulfur, cetane, and aromatics standards in
paragraph (a) of this section shall be determined based on the level of
the applicable component or parameter, using the sampling methodologies
specified in Sec. 80.330(b), as applicable, and the appropriate testing
methodologies specified in Sec. 80.580(a) for sulfur, Sec. 80.2(w) for
cetane index, and Sec. 80.2(z) for aromatic content. Any evidence or
information, including the exclusive use of such evidence or
information, may be used to establish the level of the applicable
component or parameter in the diesel fuel, if the evidence or
information is relevant to whether that level would have been in
compliance with the standard if the appropriate sampling and testing
methodology had been correctly performed. Such evidence may be obtained
from any source or location and may include, but is not limited to, test
results using methods other than the compliance methods in this
paragraph (b), business records, and commercial documents.
(3) Determination of compliance with the requirements of this
section other than the standards described in paragraph (a) of this
section, and determination of liability for any violation of this
section, may be based on information obtained from any source or
location. Such information may include, but is not limited to, business
records and commercial documents.
(c) Transfer documents. (1) Any person that transfers custody or
title of diesel fuel for use in motor vehicles which contains visible
evidence of the dye solvent red 164 shall provide documents to the
transferee which state that such fuel meets the applicable standards for
sulfur and cetane index or aromatic content under these regulations and
is only for tax-exempt use in diesel motor vehicles as defined under
section 4082 of the Internal Revenue Code.
(2) Any person that is the transferor or the transferee of diesel
fuel for use in motor vehicles which contains visible evidence of the
dye solvent red 164,
[[Page 33]]
shall retain the documents required under paragraph (c)(1) of this
section for a period of five years from the date of transfer of such
fuel and shall provide such documents to the Administrator or the
Administrator's representative upon request.
(d) Liability. Liability for violations of paragraph (a)(1) of this
section shall be determined according to the provisions of Sec. 80.30.
Any person that violates paragraph (a)(2) or (c) of this section shall
be liable for penalties in accordance with paragraph (e) of this
section.
(e) Penalties. Penalties for violations of paragraph (a) or (c) of
this section shall be determined according to the provisions of Sec.
80.5.
[59 FR 35858, July 14, 1994, as amended at 63 FR 49465, Sept. 16, 1998;
66 FR 5135, Jan. 18, 2001]
Sec. 80.30 Liability for violations of diesel fuel control
and prohibitions.
(a) Violations at refiners or importers facilities. Where a
violation of a diesel fuel standard set forth in Sec. 80.29 is detected
at a refinery or importer's facility, the refiner or importer shall be
deemed in violation.
(b) Violations at carrier facilities. Where a violation of a diesel
fuel standard set forth in Sec. 80.29 is detected at a carrier's
facility, whether in a transport vehicle, in a storage facility, or
elsewhere at the facility, the following parties shall be deemed in
violation:
(1) The carrier, except as provided in paragraph (g)(1) of this
section; and
(2) The refiner or importer at whose refinery or import facility the
diesel fuel was produced or imported, except as provided in paragraph
(g)(2) of this section.
(c) Violations at branded distributor or reseller facilities. Where
a violation of a diesel fuel standard set forth in Sec. 80.29 is
detected at a distributor or reseller's facility which is operating
under the corporate, trade or brand name of a refiner or any of its
marketing subsidiaries, the following parties shall be deemed in
violation:
(1) The distributor or reseller, except as provided in paragraph
(g)(3) of this section;
(2) The carrier (if any), if the carrier caused the diesel fuel to
violate the standard by fuel switching, blending, mislabeling, or any
other means; and
(3) The refiner under whose corporate, trade, or brand name (or that
of any of its marketing subsidiaries) the distributor or reseller is
operating, except as provided in paragraph (g)(4) of this section.
(d) Violations at unbranded distributor facilities. Where a
violation of a diesel fuel standard set forth in Sec. 80.29 is detected
at the facility of a distributor not operating under a refiner's
corporate, trade, or brand name, or that of any of its marketing
subsidiaries, the following shall be deemed in violation:
(1) The distributor, except as provided in paragraph (g)(3) of this
section;
(2) The carrier (if any), if the carrier caused the diesel fuel to
violate the standard by fuel switching, blending, mislabeling, or any
other means; and
(3) The refiner or importer at whose refinery or import facility the
diesel fuel was produced or imported, except as provided in paragraph
(g)(2) of this section.
(e) Violations at branded retail outlets or wholesale purchaser-
consumer facilities. Where a violation of a diesel fuel standard set
forth in Sec. 80.29 is detected at a retail outlet or at a wholesale
purchaser-consumer facility displaying the corporate, trade, or brand
name of a refiner or any of its marketing subsidiaries, the following
parties shall be deemed in violation:
(1) The retailer or wholesale purchaser-consumer, except as provided
in paragraph (g)(5) of this section;
(2) The distributor and/or reseller (if any), except as provided in
paragraph (g)(3) of this section;
(3) The carrier (if any), if the carrier caused the diesel fuel to
violate the standard by fuel switching, blending, mislabeling, or any
other means; and
(4) The refiner whose corporate, trade, or brand name, or that of
any of its marketing subsidiaries, is displayed at the retail outlet or
wholesale purchaser-consumer facility, except as provided in paragraph
(g)(4) of this section.
[[Page 34]]
(f) Violations at unbranded retail outlets or wholesale purchaser-
consumer facilities. Where a violation of a diesel fuel standard set
forth in Sec. 80.29 is detected at a retail outlet or at a wholesale
purchaser-consumer facility not displaying the corporate, trade, or
brand name of a refiner or any of its marketing subsidiaries, the
following parties shall be deemed in violation:
(1) The retailer or wholesale purchaser-consumer, except as provided
in paragraph (g)(5) of this section;
(2) The distributor (if any), except as provided in paragraph (g)(3)
of this section;
(3) The carrier (if any), if the carrier caused the diesel fuel to
violate the standard by fuel switching, blending, mislabeling, or any
other means; and
(4) The refiner or importer at whose refinery or import facility the
diesel fuel was produced or imported, except as provided in paragraph
(g)(2) of this section.
(g) Defenses. (1) In any case in which a carrier would be in
violation under paragraph (b)(1) of this section, the carrier shall not
be deemed in violation if he can demonstrate:
(i) Evidence of an oversight program conducted by the carrier, for
monitoring the diesel fuel stored or transported by that carrier, such
as periodic sampling and testing of the cetane index and sulfur
percentage of incoming diesel fuel. Such an oversight program need not
include periodic sampling and testing of diesel fuel in a tank truck
operated by a common carrier, but in lieu of such tank truck sampling
and testing the common carrier shall demonstrate evidence of an
oversight program for monitoring compliance with the diesel fuel
requirements of Sec. 80.29 relating to the transport or storage of
diesel fuel by tank truck, such as appropriate guidance to drivers on
compliance with applicable requirements and the periodic review of
records normally received in the ordinary course of business concerning
diesel fuel quality and delivery; and
(ii) That the violation was not caused by the carrier or his
employee or agent.
(2) In any case in which a refiner or importer would be in violation
under paragraphs (b)(2), (d)(3), or (f)(4) of this section, the refiner
or importer shall not be deemed in violation if he can demonstrate:
(i) That the violation was not caused by him or his employee or
agent; and
(ii) Test results, performed in accordance with the applicable
sampling and testing methodologies set forth in Sec. Sec. 80.2(w),
80.2(z), 80.2(bb), and 80.580, which evidence that the diesel fuel
determined to be in violation was in compliance with the diesel fuel
standards of Sec. 80.29(a) when it was delivered to the next party in
the distribution system;
(3) In any case in which a distributor or reseller would be in
violation under paragraphs (c)(1), (d)(1), (e)(2) or (f)(2) of this
section, the distributor or reseller shall not be deemed in violation if
he can demonstrate:
(i) That the violation was not caused by him or his employee or
agent; and
(ii) Evidence of an oversight program conducted by the distributor
or reseller, such as periodic sampling and testing of diesel fuel, for
monitoring the sulfur percentage and cetane index of the diesel fuel
that the distributor or reseller sells, supplies, offers for sale or
supply, or transports.
(4) In any case in which a refiner would be in violation under
paragraphs (c)(3) or (e)(4) of this section, the refiner shall not be
deemed in violation if he can demonstrate all of the following:
(i) Test results, performed in accordance with the applicable
sampling and testing methodologies set forth in Sec. Sec. 80.2(w),
80.2(z), 80.2(bb), and 80.580, which evidence that the diesel fuel
determined to be in violation was in compliance with the diesel fuel
standards of Sec. 80.29(a) when it was delivered to the next party in
the distribution system;
(ii) That the violation was not caused by him or his employee or
agent; and
(iii) That the violation:
(A) Was caused by an act in violation of law (other than the Act or
this part), or an act of sabotage or vandalism, whether or not such acts
are violations of law in the jurisdiction where the violation of the
requirements of this part occurred, or
(B) Was caused by the action of a reseller or a retailer supplied by
such reseller, in violation of a contractual undertaking imposed by the
refiner on
[[Page 35]]
such reseller designed to prevent such action, and despite reasonable
efforts by the refiner (such as periodic sampling and testing) to insure
compliance with such contractual obligation, or
(C) Was caused by the action of a retailer who is supplied directly
by the refiner (and not by a reseller), in violation of a contractual
undertaking imposed by the refiner on such retailer designed to prevent
such action, and despite reasonable efforts by the refiner (such as
periodic sampling and testing) to insure compliance with such
contractual obligation, or
(D) Was caused by the action of a distributor subject to a contract
with the refiner for transportation of diesel fuel from a terminal to a
distributor, retailer or wholesale purchaser-consumer, in violation of a
contractual undertaking imposed by the refiner on such distributor
designed to prevent such action, and despite reasonable efforts by the
refiner (such as periodic sampling and testing) to ensure compliance
with such contractual obligation, or
(E) Was caused by a carrier or other distributor not subject to a
contract with the refiner but engaged by him for transportation of
diesel fuel from a terminal to a distributor, retailer or wholesale
purchaser-consumer, despite reasonable efforts by the refiner (such as
specification or inspection of equipment) to prevent such action, or
(F) Occurred at a wholesale purchaser-consumer facility: Provided,
however, That if such wholesale purchaser-consumer was supplied by a
reseller, the refiner must demonstrate that the violation could not have
been prevented by such reseller's compliance with a contractual
undertaking imposed by the refiner on such reseller as provided in
paragraph (g)(4)(iii)(B) of this section.
(iv) In paragraphs (g)(4)(iii) (A) through (E) of this section, the
term was caused means that the refiner must demonstrate by reasonably
specific showings, by direct or circumstantial evidence, that the
violation was caused or must have been caused by another.
(5) In any case in which a retailer or wholesale purchaser-consumer
would be in violation under paragraphs (e)(1) or (f)(1) of this section,
the retailer or wholesale purchaser-consumer shall not be deemed in
violation if he can demonstrate that the violation was not caused by him
or his employee or agent.
(6) In paragraphs (g)(1)(iii), (g)(2)(i), (g)(3)(i), (g)(4)(ii) and
(g)(5) of this section, the respective party must demonstrate by
reasonably specific showings, by direct or circumstantial evidence, that
it or its employee or agent did not cause the violation.
(7) In the case of any distributor or reseller that would be in
violation under paragraph (e)(2) or (f)(2) of this section or any
wholesale purchaser-consumer or retailer that would be in violation
under paragraph (e)(1) or (f)(1) of this section for diesel fuel for use
in motor vehicles which contains visible evidence of the dye solvent red
164, the distributor or reseller or wholesale purchaser-consumer or
retailer shall not be deemed in violation if he can:
(i) Demonstrate that the violation was not caused by him or his
employee or agent,
(ii) Demonstrate that the fuel has been supplied, offered for
supply, transported or available for tax-exempt use as defined under
section 4082 of the Internal Revenue Code, and
(iii) Provide evidence from the supplier in the form of
documentation that the fuel met the applicable standards under paragraph
(a)(1) of this section for sulfur and cetane index or aromatics content
for use in motor vehicles.
(h) Detection of violations. In paragraphs (a) through (f) of this
section, the term ``is detected at'' means that the violation existed at
the facility in question, and the existence of the violation at that
facility may be established through evidence obtained or created at that
facility, at any other location, and by any party.
[55 FR 34138, Aug. 21, 1990, as amended at 59 FR 35859, July 14, 1994;
62 FR 68205, Dec. 31, 1997; 66 FR 5135, Jan. 18, 2001]
Sec. 80.32 Controls applicable to liquefied petroleum gas retailers
and wholesale purchaser-consumers.
After January 1, 1998 every retailer and wholesale purchaser-
consumer handling over 13,660 gallons of liquefied
[[Page 36]]
petroleum gas per month shall equip each pump from which liquefied
petroleum gas is introduced into motor vehicles with a nozzle that has
no greater than 2.0 cm\3\ dead space from which liquefied petroleum gas
will be released upon nozzle disconnect from the vehicle, as measured
from the nozzle face which seals against the vehicle receptacle ``O''
ring, and as determined by calculation of the geometric shape of the
nozzle. After January 1, 2000 this requirement applies to every
liquefied petroleum gas retailer and wholesale purchaser- consumer. Any
dispensing pump shown to be dedicated to heavy-duty vehicles is exempt
from this requirement.
[59 FR 48490, Sept. 21, 1994]
Sec. 80.33 Controls applicable to natural gas retailers and wholesale
purchaser-consumers.
(a) After January 1, 1998 every retailer and wholesale purchaser-
consumer handling over 1,215,000 standard cubic feet of natural gas per
month shall equip each pump from which natural gas is introduced into
natural gas motor vehicles with a nozzle and hose configuration which
vents no more than 1.2 grams of natural gas to the atmosphere per
refueling of a vehicle complying with Sec. 86.098-8(d)(1)(iv) of this
chapter, as determined by calculation of the geometric shape of the
nozzle and hose. After January 1, 2000 this requirement applies to every
natural gas retailer and wholesale purchaser-consumer. Any dispensing
pump shown to be dedicated to heavy-duty vehicles is exempt from this
requirement.
(b) The provisions of paragraph (a) of this section can be waived
for refueling stations which were in operation on or before January 1,
1998 provided the station operator can demonstrate, to the satisfaction
of the Administrator, that compliance with paragraph (a) of this section
would require additional compression equipment or other modifications
with costs similar to or greater than the cost of additional compression
equipment.
[59 FR 48490, Sept. 21, 1994]
Subpart C_Oxygenated Gasoline
Sec. 80.35 Labeling of retail gasoline pumps; oxygenated gasoline.
(a) For oxygenated gasoline programs with a minimum oxygen content
per gallon or minimum oxygen content requirement in conjunction with a
credit program, the following shall apply:
(1) Each gasoline pump stand from which oxygenated gasoline is
dispensed at a retail outlet in the control area shall be affixed during
the control period with a legible and conspicuous label which contains
the following statement:
The gasoline dispensed from this pump is oxygenated and will reduce
carbon monoxide pollution from motor vehicles.
(2) The posting of the above statement shall be in block letters of
no less than 20-point bold type; in a color contrasting with the
intended background. The label shall be placed on the vertical surface
of the pump on each side with gallonage and price meters and shall be on
the upper two-thirds of the pump, clearly readable to the public.
(3) The retailer shall be responsible for compliance with the
labeling requirements of this section.
(b) For oxygenated gasoline programs with a credit program and no
minimum oxygen content requirement, the following shall apply:
(1) Each gasoline pump stand from which oxygenated gasoline is
dispensed at a retail outlet in the control area shall be affixed during
the control period with a legible and conspicuous label which contains
the following statement:
The fuel dispensed from this pump meets the requirements of the Clean
Air Act as part of a program to reduce carbon monoxide pollution from
motor vehicles.
(2) The posting of the above statement shall be in block letters of
no less than 20-point bold type; in a color contrasting with the
intended background. The label shall be placed on the vertical surface
of the pump on each side with gallonage and price meters and shall be on
the upper two-thirds of the pump, clearly readable to the public.
[[Page 37]]
(3) The retailer shall be responsible for compliance with the
labeling requirements of this section.
[57 FR 47771, Oct. 20, 1992]
Sec. Sec. 80.36-80.39 [Reserved]
Subpart D_Reformulated Gasoline
Source: 59 FR 7813, Feb. 16, 1994, unless otherwise noted.
Sec. 80.40 Fuel certification procedures.
(a) Gasoline that complies with one of the standards specified in
Sec. 80.41 (a) through (f) that is relevant for the gasoline, and that
meets all other relevant requirements prescribed under Sec. 80.41,
shall be deemed certified.
(b) Any refiner or importer may, with regard to a specific fuel
formulation, request from the Administrator a certification that the
formulation meets one of the standards specified in Sec. 80.41 (a)
through (f).
(c)(1) Adjusted VOC gasoline for purposes of the general
requirements in 80.65(d)(2)(ii), and the certification procedures in
this section is gasoline that contains 10 to 15 volume percent ethanol,
or RBOB intended for blending with 10 to 15 volume percent ethanol, that
is intended for use in the areas described at 80.70(f) and (i), and is
designated by the refiner as adjusted VOC gasoline subject to less
stringent VOC standards in 80.41(e) and (f). In order for adjusted VOC
gasoline to qualify for the regulatory treatment specified in 80.41(e)
and (f), reformulated gasoline must contain denatured, anhydrous
ethanol. The concentration of the ethanol, excluding the required
denaturing agent, must be at least 9 percent and no more than 15 percent
(by volume) of the gasoline. The ethanol content of the gasoline shall
be determined by use of one of the testing methodologies specified in
80.46(g).
(2) Refiners may choose not to designate as adjusted VOC gasoline or
RBOB that otherwise meets the requirements of paragraph (c)(1) of this
section, in which case the more stringent VOC standards in Sec. 80.41
apply.
(3) For purposes of Sec. 80.78(a)(1)(v), the ``Adjusted VOC
gasoline'' standards under Sec. 80.41 are the applicable VOC emissions
performance standards only for adjusted VOC gasoline that is intended
for use in or sold for use by an ultimate consumer in the covered areas
described at Sec. 80.70(f) and (i). For purposes of Sec.
80.78(a)(1)(v), gasoline designated as adjusted VOC gasoline that is
intended for use or that is sold for use by an ultimate consumer in any
covered area in VOC-Control Region 2 other than those described at Sec.
80.70(f) and (i), is subject to the VOC performance standards in Sec.
80.41 applicable to all other gasoline designated for VOC-Control Region
2.
[59 FR 7813, Feb. 16, 1994, as amended at 66 FR 37164, July 17, 2001; 67
FR 8736, Feb. 26, 2002; 76 FR 44443, July 25, 2011]
Sec. 80.41 Standards and requirements for compliance.
(a) Simple model per-gallon standards. The ``simple model''
standards for compliance when achieved on a per-gallon basis are as
follows:
Simple Model Per-Gallon Standards
Reid vapor pressure (in pounds per square inch):
Gasoline designated for VOC-Control Region 1................ <=7.2
Gasoline designated for VOC-Control Region 2................ <=8.1
Oxygen content (percent, by weight)........................... X emissions performance reduction specified
in paragraph (e)(1) of this section shall no longer apply beginning
January 1, 2007, except as provided in paragraph (e)(2)(ii) of this
section.
(ii) For a refiner subject to the small refiner gasoline sulfur
standards at Sec. 80.240, the NOX emissions performance
reduction specified in paragraph (e)(1) of this section shall no longer
apply beginning January 1, 2008. For a refiner subject to the gasoline
sulfur standards at Sec. 80.240 that has received an extension of its
small refiner gasoline sulfur standards under Sec. 80.553, the
NOX emissions performance reduction specified in paragraph
(e)(1) of this section shall no longer apply beginning January 1, 2011.
(3)(i) Beginning January 1, 2011, or January 1, 2015 for small
refiners approved under Sec. 80.1340, the toxic air pollutants
emissions performance reduction and benzene content specified in
paragraph (e)(1) of this section shall apply to reformulated gasoline
that is not subject to the benzene standard of Sec. 80.1230, pursuant
to the provisions of Sec. 80.1235.
(ii) The toxic air pollutants emissions performance reduction and
benzene content specified in paragraph (e)(1) of this section shall not
apply to reformulated gasoline produced by a refinery approved under
Sec. 80.1334, pursuant to Sec. 80.1334(c).
(f)(1) Phase II complex model averaged standards. The Phase II
``complex model'' standards for compliance when achieved on average are
as follows:
Phase II Complex Model Averaged Standards
VOC emissions performance reduction (percent):
Gasoline designated for VOC-Control Region 1
Standard............................................... X emissions performance reduction specified
in paragraph (f)(1) of this section shall no longer apply beginning
January 1, 2007, except as provided in paragraph (f)(2)(ii) of this
section.
(ii) For a refiner subject to the small refiner gasoline sulfur
standards at
[[Page 39]]
Sec. 80.240, the NOX emissions performance reduction
specified in paragraph (f)(1) of this section shall no longer apply
beginning January 1, 2008. For a refiner subject to the gasoline sulfur
standards at Sec. 80.240 that has received an extension of its small
refiner gasoline sulfur standards under Sec. 80.553, the NOX
emissions performance reduction specified in paragraph (f)(1) of this
section shall no longer apply beginning January 1, 2011.
(3)(i) Beginning January 1, 2011, or January 1, 2015 for small
refiners approved under Sec. 80.1340, the toxic air pollutants
emissions performance reduction and benzene content specified in
paragraph (f)(1) of this section shall apply only to reformulated
gasoline that is not subject to the benzene standard of Sec. 80.1230,
pursuant to the provisions of Sec. 80.1235.
(ii) The toxic air pollutants emissions performance reduction and
benzene content specified in paragraph (f)(1) of this section shall not
apply to reformulated gasoline produced by a refinery approved under
Sec. 80.1334, pursuant to Sec. 80.1334(c).
(g) Oxygen maximum standard. (1) The per-gallon standard for maximum
oxygen content, which applies to reformulated gasoline subject to the
simple model per-gallon or average standards, is as follows:
(i) Oxygen content shall not exceed 3.2 percent by weight from
ethanol within the boundaries of any State if the State notifies the
Administrator that the use of an oxygenate will interfere with
attainment or maintenance of an ambient air quality standard or will
contribute to an air quality problem.
(ii) A State may request the standard specified in paragraph
(g)(1)(i) of this section separately for reformulated gasoline
designated as VOC-controlled and reformulated gasoline not designated as
VOC-controlled.
(2) The standard in paragraph (g)(1)(i) of this section shall apply
60 days after the Administrator publishes a notice in the Federal
Register announcing such a standard.
(h) Additional standard requirements. In addition to the standards
specified in paragraphs (a) through (g) of this section, the following
standards apply for all reformulated gasoline:
(1) The standard for heavy metals, including lead or manganese, on a
per-gallon basis, is that reformulated gasoline may contain no heavy
metals. The Administrator may waive this prohibition for a heavy metal
(other than lead) if the Administrator determines that addition of the
heavy metal to the gasoline will not increase, on an aggregate mass or
cancer-risk basis, toxic air pollutant emissions from motor vehicles.
(2) In the case of any refinery or importer subject to the simple
model standards:
(i) The annual average levels for sulfur, T-90, and olefins cannot
exceed that refinery's or importer's 1990 baseline levels for each of
these parameters; and
(ii) The 1990 baseline levels and the annual averages for these
parameters shall be established using the methodology set forth in
Sec. Sec. 80.91 through 80.92; and
(iii) In the case of a refiner that operates more than one refinery,
the standards specified under this paragraph (h)(2) shall be met using
the refinery grouping selected by the refiner under Sec. 80.101(h).
(i) Use of simple and complex models. (1) During each calendar year
1995 through 1997, any refinery or importer shall be subject to either
the simple model standards specified in paragraphs (a) and (b) of this
section, or the Phase I complex model standards specified in paragraphs
(c) and (d) of this section, at the option of the refiner or importer,
provided that:
(i) No refinery or importer may be subject to a combination of
simple and complex standards during any calendar year; and
(ii) Any refiner or importer that elects to achieve compliance with
the anti-dumping requirements using the:
(A) Simple model shall meet the requirements of this subpart D using
the simple model standards; or
(B) Complex model or optional complex model shall meet the
requirements of this subpart D using the complex model standards.
(2) During the period January 1, 1998 through December 31, 1999, any
refiner
[[Page 40]]
or importer shall be subject to the Phase I complex model standards
specified in paragraphs (c) and (d) of this section.
(3) Beginning on January 1, 2000, any refiner or importer shall be
subject to the Phase II complex model standards specified in paragraphs
(e) and (f) of this section.
(j) Complex model early use. Before January 1, 1998, the VOC,
toxics, and NOX emissions performance standards for any
refinery or importer subject to the Phase I complex model standards
shall be determined by evaluating all of the following parameter levels
in the Phase I complex model (specified in Sec. 80.45) at one time:
(1) The simple model values for benzene, RVP, and oxygen specified
in Sec. 80.41 (a) or (b), as applicable;
(2) The aromatics value which, together with the values for benzene,
RVP, and oxygen determined under paragraph (j)(1) of this section, meets
the Simple Model toxics requirement specified in paragraph (a) or (b) of
this section, as applicable;
(3) The refinery's or importer's individual baseline values for
sulfur, E-300, and olefins, as established under Sec. 80.91; and
(4) The appropriate seasonal value of E-200 specified in Sec.
80.45(b)(2).
(k) Effect of VOC survey failure. (1) On each occasion during 1995
or 1996 that a covered area fails a simple model VOC emissions reduction
survey conducted pursuant to Sec. 80.68, the RVP requirements for that
covered area beginning in the year following the failure shall be
adjusted to be more stringent as follows:
(i) The required average RVP level shall be decreased by an
additional 0.1 psi; and
(ii) The maximum RVP level for each gallon of averaged gasoline
shall be decreased by an additional 0.1 psi.
(2) On each occasion that a covered area fails a complex model VOC
emissions reduction survey conducted pursuant to Sec. 80.68, or fails a
simple model VOC emissions reduction survey conducted pursuant to Sec.
80.68 during 1997, the VOC emissions performance standard for that
covered area beginning in the year following the failure shall be
adjusted to be more stringent as follows:
(i) The required average VOC emissions reduction shall be increased
by an additional 1.0%; and
(ii) The minimum VOC emissions reduction, for each gallon of
averaged gasoline, shall be increased by an additional 1.0%.
(3) In the event that a covered area for which required VOC
emissions reductions have been made more stringent passes all VOC
emissions reduction surveys in two consecutive years, the averaging
standards VOC emissions reduction for that covered area beginning in the
year following the second year of passed survey series shall be made
less stringent as follows:
(i) The required average VOC emissions reduction shall be decreased
by 1.0%; and
(ii) The minimum VOC emissions reduction shall be decreased by 1.0%.
(4) In the event that a covered area for which the required VOC
emissions reductions have been made less stringent fails a subsequent
VOC emissions reduction survey:
(i) The required average VOC emission reductions for that covered
area beginning in the year following this subsequent failure shall be
made more stringent by increasing the required average and the minimum
VOC emissions reduction by 1.0%; and
(ii) The required VOC emission reductions for that covered area
thereafter shall not be made less stringent regardless of the results of
subsequent VOC emissions reduction surveys.
(l) Effect of toxics survey failure. (1) On each occasion during
1995 or 1996 that a covered area fails a simple model toxics emissions
reduction survey series, conducted pursuant to Sec. 80.68, the simple
model toxics emissions reduction requirement for that covered area
beginning in the year following the year of the failure is made more
stringent by increasing the average toxics emissions reduction by an
additional 1.0%.
(2) On each occasion that a covered area fails a complex model
toxics emissions reduction survey series, conducted pursuant to Sec.
80.68, or fails a simple model toxics emissions reduction survey series
conducted pursuant
[[Page 41]]
to Sec. 80.68 during 1997, the complex model toxics emissions reduction
requirement for that covered area beginning in the year following the
year of the failure is made more stringent by increasing the average
toxics emissions reduction by an additional 1.0%.
(3) In the event that a covered area for which the toxics emissions
standard has been made more stringent passes all toxics emissions survey
series in two consecutive years, the averaging standard for toxics
emissions reductions for that covered area beginning in the year
following the second year of passed survey series shall be made less
stringent by decreasing the average toxics emissions reduction by 1.0%.
(4) In the event that a covered area for which the toxics emissions
reduction standard has been made less stringent fails a subsequent
toxics emissions reduction survey series:
(i) The standard for toxics emissions reduction for that covered
area beginning in the year following this subsequent failure shall be
made more stringent by increasing the average toxics emissions reduction
by 1.0%; and
(ii) The standard for toxics emissions reduction for that covered
area thereafter shall not be made less stringent regardless of the
results of subsequent toxics emissions reduction surveys.
(m) Effect of NOX survey or survey series failure. (1) On
each occasion that a covered area fails a NOX emissions
reduction survey or survey series conducted pursuant to Sec. 80.68, the
required average NOX emissions reductions for that covered
area beginning in the year following the failure shall be increased in
stringency by an additional 1.0%.
(2) In the event that a covered area for which required
NOX emissions reductions have been made more stringent passes
all NOX emissions reduction surveys and survey series in two
consecutive years, the required average NOX emissions
reductions for that covered area beginning in the year following the
second year of passed surveys and survey series shall be decreased in
stringency by 1.0%.
(3) In the event that a covered area for which the required
NOX emissions reductions have been made less stringent fails
a subsequent NOX emissions reduction survey or survey series:
(i) The required average NOX emission reductions for that
covered area beginning in the year following this subsequent failure
shall be increased in stringency by 1.0%; and
(ii) The required NOX emission reductions for that
covered area thereafter shall not be made less stringent regardless of
the results of subsequent NOX emissions reduction surveys or
survey series.
(n) Effect of benzene survey failure. (1) On each occasion that a
covered area fails a benzene content survey series, conducted pursuant
to Sec. 80.68, the benzene content standards for that covered area
beginning in the year following the year of the failure shall be made
more stringent as follows:
(i) The average benzene content shall be decreased by 0.05% by
volume; and
(ii) The maximum benzene content for each gallon of averaged
gasoline shall be decreased by 0.10% by volume.
(2) In the event that a covered area for which the benzene standards
have been made more stringent passes all benzene content survey series
conducted in two consecutive years, the benzene standards for that
covered area beginning in the year following the second year of passed
survey series shall be made less stringent as follows:
(i) The average benzene content shall be increased by 0.05% by
volume; and
(ii) The maximum benzene content for each gallon of averaged
gasoline shall be increased by 0.10% by volume.
(3) In the event that a covered area for which the benzene standards
have been made less stringent fails a subsequent benzene content survey
series:
(i) The standards for benzene content for that covered area
beginning in the year following this subsequent failure shall be the
more stringent standards which were in effect prior to the operation of
paragraph (n)(2) of this section; and
(ii) The standards for benzene content for that covered area
thereafter shall not be made less stringent regardless of the results of
subsequent benzene content surveys.
(o) [Reserved]
(p) Effective date for changed minimum or maximum standards. In the
case of any minimum or maximum standard that is changed to be more
stringent by
[[Page 42]]
operation of paragraphs (k), (m), (n), or (o) of this section, the
effective date for such change shall be the following number of days
after the date EPA announces the change:
(1) 90 days for refinery or import facilities;
(2) 180 days for retail outlets and wholesale purchaser-consumer
facilities; and
(3) 150 days for all other facilities.
(q) Refineries and importers subject to adjusted standards.
Standards for average compliance that are adjusted to be more or less
stringent by operation of paragraphs (k), (l) (m) or (n) of this section
apply to average reformulated gasoline produced at each refinery or
imported by each importer as follows:
(1) Adjusted standards for a covered area apply to averaged
reformulated gasoline that is produced at a refinery if:
(i) Any averaged reformulated gasoline from that refinery supplied
the covered area during any year a survey was conducted which gave rise
to a standards adjustment; or
(ii) Any averaged reformulated gasoline from that refinery supplies
the covered area during any year that the standards are more stringent
than the initial standards; unless
(iii) The refiner is able to show that the volume of averaged
reformulated gasoline from a refinery that supplied the covered area
during any years under paragraphs (q)(1)(i) or (ii) of this section was
less than one percent of the reformulated gasoline produced at the
refinery during that year, or 100,000 barrels, whichever is less.
(2) Adjusted standards for a covered area apply to averaged
reformulated gasoline that is imported by an importer if:
(i) The covered area with the adjusted standard is located in
Petroleum Administration for Defense District (PADD) I, and the gasoline
is imported at a facility located in PADDs I, II or III;
(ii) The covered area with the adjusted standard is located in PADD
II, and the gasoline is imported at a facility located in PADDs I, II,
III, or IV;
(iii) The covered area with the adjusted standard is located in PADD
III, and the gasoline is imported at a facility located in PADDs II,
III, or IV;
(iv) The covered area with the adjusted standard is located in PADD
IV, and the gasoline is imported at a facility located in PADDs II, or
IV; or
(v) The covered area with the adjusted standard is located in PADD
V, and the gasoline is imported at a facility located in PADDs III, IV,
or V; unless
(vi) Any gasoline which is imported by an importer at any facility
located in any PADD supplies the covered area, in which case the
adjusted standard also applies to averaged gasoline imported at that
facility by that importer.
(3) Any gasoline that is transported in a fungible manner by a
pipeline, barge, or vessel shall be considered to have supplied each
covered area that is supplied with any gasoline by that pipeline, or
barge or vessel shipment, unless the refiner or importer is able to
establish that the gasoline it produced or imported was supplied only to
a smaller number of covered areas.
(4) Adjusted standards apply to all averaged reformulated gasoline
produced by a refinery or imported by an importer identified in this
paragraph (q), except:
(i) In the case of adjusted VOC standards for a covered area located
in VOC Control Region 1, the adjusted VOC standards apply only to
averaged reformulated gasoline designated as VOC-controlled intended for
use in VOC Control Region 1; and
(ii) In the case of adjusted VOC standards for a covered area
located in VOC Control Region 2, the adjusted VOC standards apply only
to averaged reformulated gasoline designated as VOC-controlled intended
for use in VOC Control Region 2.
(r) Definition of PADD. For the purposes of this section only, the
following definitions of PADDs apply:
(1) The following States are included in PADD I:
Connecticut
Delaware
District of Columbia
Florida
Georgia
Maine
Maryland
Massachusetts
New York
New Hampshire
New Jersey
North Carolina
Pennsylvania
Rhode Island
[[Page 43]]
South Carolina
Vermont
Virginia
West Virginia
(2) The following States are included in PADD II:
Illinois
Indiana
Iowa
Kansas
Kentucky
Michigan
Minnesota
Missouri
Nebraska
North Dakota
Ohio
Oklahoma
South Dakota
Tennessee
Wisconsin
(3) The following States are included in PADD III:
Alabama
Arkansas
Louisiana
Mississippi
New Mexico
Texas
(4) The following States are included in PADD IV:
Colorado
Idaho
Montana
Utah
Wyoming
(5) The following States are included in PADD V:
Arizona
California
Nevada
Oregon
Washington
[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36958, July 20, 1994; 61
FR 12041, Mar. 25, 1996; 62 FR 68205, Dec. 31, 1997; 64 FR 37689, July
13, 1999; 66 FR 37164, July 17, 2001; 71 FR 74566, Dec. 15, 2005; 71 FR
8972, Feb. 22, 2006; 71 FR 26698, May 8, 2006; 72 FR 8543, Feb. 26,
2007]
Sec. 80.42 Simple emissions model.
(a) VOC emissions. The following equations shall comprise the simple
model for VOC emissions. The simple model for VOC emissions shall be
used only in determining toxics emissions:
Summer = The period of May 1 through September 15
Winter = The period of September 16 through April 30
EXHVOCS1 = Exhaust nonmethane, nonethane VOC emissions from the fuel in
question, in grams per mile, for VOC control region 1 during
the summer period.
EXHVOCS2 = Exhaust nonmethane, nonethane VOC emissions from the fuel in
question, in grams per mile, for VOC control region 2 during
the summer period.
EXHVOCW = Exhaust nonmethane, nonethane VOC emissions from the fuel in
question, in grams per mile, during the winter period.
EVPVOCS1 = Evaporative nonmethane, nonethane VOC emissions from the fuel
in question, in grams per mile, for VOC control region 1
during the summer period.
EVPVOCS2 = Evaporative nonmethane, nonethane VOC emissions from the fuel
in question, in grams per mile, for VOC control region 2
during the summer period.
RLVOCS1 = Running loss nonmethane, nonethane VOC emissions from the fuel
in question, in grams per mile, for VOC control region 1
during the summer period.
RLVOCS2 = Running loss nonmethane, nonethane VOC emissions from the fuel
in question, in grams per mile, for VOC control region 2
during the summer period.
REFVOCS1 = Refueling nonmethane, nonethane VOC emissions from the fuel
in question, in grams per mile, for VOC control region 1
during the summer period.
REFVOCS2 = Refueling nonmethane, nonethane VOC emissions from the fuel
in question, in grams per mile, for VOC control region 2
during the summer period.
OXCON = Oxygen content of the fuel in question, in terms of weight
percent (as measured under Sec. 80.46)
RVP = Reid vapor pressure of the fuel in question, in pounds per square
inch (psi)
(1) The following equations shall comprise the simple model for VOC
emissions in VOC Control Region 1 during the summer period:
EXHVOCS1 = 0.444 x (1-(0.127/2.7) x OXCON)
EVPVOCS1 = 0.7952-0.2461 x RVP + 0.02293 x RVP x RVP
RLVOCS1 = -0.734 + 0.1096 x RVP + 0.002791 x RVP x RVP
REFVOCS1 = 0.04 x ((0.1667 x RVP)-0.45)
(2) The following equations shall comprise the simple model for VOC
emissions in VOC Control Region 2 during the summer period:
EXHVOCS2 = 0.444 x (1 - (0.127/2.7) x OXCON)
EVPVOCS2 = 0.813 - 0.2393 x RVP + 0.021239 x RVP x RVP
RLVOCS2 = 0.2963 - 0.1306 x RVP + 0.016255 x RVP x RVP
REFVOCS2 = 0.04 x ((0.1667 x RVP) - 0.45)
(3) The following equation shall comprise the simple model for VOC
emissions during the winter period:
EXHVOCW = 0.656 x (1 - (0.127/2.7) x OXCON)
(b) Toxics emissions. The following equations shall comprise the
simple model for toxics emissions:
EXHBEN = Exhaust benzene emissions from the fuel in question, in
milligrams per mile
EVPBEN = Evaporative benzene emissions from the fuel in question, in
milligrams per mile
[[Page 44]]
HSBEN = Hot soak benzene emissions from the fuel in question, in
milligrams per mile
DIBEN = Diurnal benzene emissions from the fuel in question, in
milligrams per mile
RLBEN = Running loss benzene emissions from the fuel in question, in
milligrams per mile
REFBEN = Refueling benzene emissions from the fuel in question, in
milligrams per mile
MTBE = Oxygen content of the fuel in question in the form of MTBE, in
terms of weight percent (as measured under Sec. 80.46)
ETOH = Oxygen content of the fuel in question in the form of ethanol, in
terms of weight percent (as measured under Sec. 80.46)
ETBE = Oxygen content of the fuel in question in the form of ETBE, in
terms of weight percent (as measured under Sec. 80.46)
FORM = Formaldehyde emissions from the fuel in question, in milligrams
per mile
ACET = Acetaldehyde emissions from the fuel in question, in milligrams
per mile
POM = Emissions of polycyclic organic matter from the fuel in question,
in milligrams per mile
BUTA = Emissions of 1,3-Butadiene from the fuel in question, in
milligrams per mile
FBEN = Fuel benzene of the fuel in question, in terms of volume percent
(as measured under Sec. 80.46)
FAROM = Fuel aromatics of the fuel in question, in terms of volume
percent (as measured under Sec. 80.46)
TOXREDS1 = Total toxics reduction of the fuel in question during the
summer period for VOC control region 1 in percent
TOXREDS2 = Total toxics reduction of the fuel in question during the
summer period for VOC control region 2 in percent
TOXREDW = Total toxics reduction of the fuel in question during the
winter period in percent
(1) The following equations shall comprise the simple model for
toxics emissions in VOC control region 1 during the summer period:
TOXREDS1 = [100 x (53.2 -EXHBEN - EVPBEN - RLBEN - REFBEN - FORM - ACET
- BUTA - POM)] / 53.2
EXHBEN = [1.884 + 0.949 x FBEN + 0.113 x (FAROM - FBEN)) / 100] x 1000 x
EXHVOCS1
EVPBEN = HSBEN + DIBEN
HSBEN = FBEN x (EVPVOCS1 x 0.679) x 1000 x [(1.4448 - (0.0684 x MTBE/
2.0) - (0.080274 x RVP)) / 100]
DIBEN = FBEN x (EVPVOCS1 x 0.321) x 1000 x [(1.3758 - (0.0579 x MTBE/
2.0) - (0.080274 x RVP)) / 100]
RLBEN = FBEN x RLVOCS1 x 1000 x [(1.4448 - (0.0684 x MTBE/2.0) -
(0.080274 x RVP)) / 100]
REFBEN = FBEN x REFVOCS1 x 1000 x [(1.3972 - (0.0591 x MTBE / 2.0) -
(0.081507 x RVP)) / 100] BUTA = 0.00556 x EXHVOCS1 x 1000
POM = 3.15 x EXHVOCS1
(i) For any oxygenate or mixtures of oxygenates, the formaldehyde
and acetaldehyde shall be calculated with the following equations:
FORM = 0.01256 x EXHVOCS1 x 1000 x [1 + (0.421 / 2.7) x MTBE + TAME) +
(0.358 / 3.55) x ETOH + (0.137 / 2.7) x (ETBE + ETAE)]
ACET = 0.00891 x EXHVOCS1 x 1000 x [1 + (0.078 / 2.7) x (MTBE + TAME) +
(0.865 / 3.55) x ETOH + (0.867 / 2.7) x (ETBE + ETAE)]
(ii) When calculating formaldehyde and acetaldehyde emissions using
the equations in paragraph (b)(1)(i) of this section, oxygen in the form
of alcohols which are more complex or have higher molecular weights than
ethanol shall be evaluated as if it were in the form of ethanol. Oxygen
in the form of methyl ethers other than TAME and MTBE shall be evaluated
as if it were in the form of MTBE. Oxygen in the form of ethyl ethers
other than ETBE shall be evaluated as if it were in the form of ETBE.
Oxygen in the form of non-methyl, non-ethyl ethers shall be evaluated as
if it were in the form of ETBE. Oxygen in the form of methanol or non-
alcohol, non-ether oxygenates shall not be evaluated with the Simple
Model, but instead must be evaluated through vehicle testing under the
Complex Model per Sec. 80.48.
(2) The following equations shall comprise the simple model for
toxics emissions in VOC control region 2 during the summer period:
TOXREDS2 = 100 x (52.1 - EXHBEN - EVPBEN - RLBEN - REFBEN - FORM - ACET
- BUTA - POM) / 52.1
EXHBEN = [(1.884 + 0.949 x FBEN + 0.113 x (FAROM - FBEN)) / 100] x 1000
x EXHVOCS2
EVPBEN = HSBEN + DIBEN
HSBEN = FBEN x (EVPVOCS2 x 0.679) x 1000 x [(1.4448 - (0.0684 x MTBE /
2.0) - (0.080274 x RVP)) / 100]
DIBEN = FBEN x (EVPVOCS2 x 0.321) x 1000 x [(1.3758 - (0.0579 x MTBE /
2.0) - (0.080274 x RVP)) / 100]
[[Page 45]]
RLBEN = FBEN x RLVOCS2 x 1000 x [(1.4448 - (0.0684 x MTBE / 2.0) -
(0.080274 x RVP)) / 100]
REFBEN = FBEN x REFVOCS2 x 1000 x [(1.3972 - (0.0591 x MTBE / 2.0) -
(0.081507 x RVP)) / 100]
BUTA = 0.00556 x EXHVOCS2 x 1000
POM = 3.15 x EXHVOCS2
(i) For any oxygenate or mixtures of oxygenates, the formaldehyde
and acetaldehyde shall be calculated with the following equations:
FORM = 0.01256 x EEXHVOCS2 x 1000 x [1 + (0.421 / 2.7) x (MTBE + TAME) +
(0.358 / 3.55) x ETOH + (0.137 / 2.7) x (ETBE + ETAE)]
ACET = 0.00891 x EXHVOCS2 x 1000 x [1 + (0.078 / 2.7) x (MTBE + TAME) +
(0.865 / 3.55) x ETOH + (0.867 / 2.7) x (ETBE + ETAE)]
(ii) When calculating formaldehyde and acetaldehyde emissions using
the equations in paragraph (b)(2)(i) of this section, oxygen in the form
of alcohols which are more complex or have higher molecular weights than
ethanol shall be evaluated as if it were in the form of ethanol. Oxygen
in the form of methyl ethers other than TAME and MTBE shall be evaluated
as if it were in the form of MTBE. Oxygen in the form of ethyl ethers
other than ETBE shall be evaluated as if it were in the form of ETBE.
Oxygen in the form of non-methyl, non-ethyl ethers shall be evaluated as
if it were in the form of ETBE. Oxygen in the form of methanol or non-
alcohol, non-ether oxygenates shall not be evaluated with the Simple
Model, but instead must be evaluated through vehicle testing under the
Complex Model per Sec. 80.48.
(3) The following equations shall comprise the simple model for
toxics emissions during the winter period:
TOXREDW = 100 x (55.5 - EXHBEN - FORM - ACET - BUTA - POM) / 55.5
EXHBEN = [(1.884 + 0.949 x FBEN + 0.113 x (FAROM - FBEN)) / 100] x 1000
x EXHVOCW
BUTA = 0.00556 x EXHVOCW x 1000
POM = 2.13 x EXHVOCW
(i) For any oxygenate or mixtures of oxygenates, the formaldehyde
and acetaldehyde shall be calculated with the following equations:
FORM = 0.01256 x EXHVOCS1 x 1000 x [1 + (0.421 / 2.7) x (MTBE + TAME) +
(0.358 / 3.55) x ETOH + (0.137 / 2.7) x (ETBE + ETAE)]
ACET = 0.00891 x EXHVOCS1 x 1000 x [1 + (0.078 / 2.7) x (MTBE + TAME) +
(0.865 / 3.55) x ETOH + (0.867 / 2.7) x (ETBE + ETAE)]
(ii) When calculating formaldehyde and acetaldehyde emissions using
the equations in paragraph (b)(3)(i) of this section, oxygen in the form
of alcohols which are more complex or have higher molecular weights than
ethanol shall be evaluated as if it were in the form of ethanol. Oxygen
in the form of methyl ethers other than TAME and MTBE shall be evaluated
as if it were in the form of MTBE. Oxygen in the form of ethyl ethers
other than ETBE shall be evaluated as if it were in the form of ETBE.
Oxygen in the form of non-methyl, non-ethyl ethers shall be evaluated as
if it were in the form of ETBE. Oxygen in the form of methanol or non-
alcohol, non-ether oxygenates shall not be evaluated with the Simple
Model, but instead must be evaluated through vehicle testing under the
Complex Model per Sec. 80.48.
(4) If the fuel aromatics content of the fuel in question is less
than 10 volume percent, then an FAROM value of 10 volume percent shall
be used when evaluating the toxics emissions equations given in
paragraphs (b)(1), (b)(2), and (b)(3) of this section.
(c) Limits of the model. (1) The model given in paragraphs (a) and
(b) of this section shall be used as given to determine VOC and toxics
emissions, respectively, if the properties of the fuel being evaluated
fall within the ranges shown in this paragraph (c). If the properties of
the fuel being evaluated fall outside the range shown in this paragraph
(c), the model may not be used to determine the VOC or toxics
performance of the fuel:
------------------------------------------------------------------------
Fuel parameter Range
------------------------------------------------------------------------
Benzene content........................ 0.0-4.9 vol %.
RVP.................................... 6.6-9.0 psi. \1\
Oxygenate content...................... 0-4.0 wt %.
Aromatics content...................... 0-55 vol %.
------------------------------------------------------------------------
\1\ For gasoline sold in California, the applicable RVP range shall be
6.4-9.0 psi.
(2) The model given in paragraphs (a) and (b) of this section shall
be effective from January 1, 1995 through December
[[Page 46]]
31, 1997, unless extended by action of the Administrator.
[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36958, July 20, 1994; 61
FR 20738, May 8, 1996]
Sec. Sec. 80.43-80.44 [Reserved]
Sec. 80.45 Complex emissions model.
(a) Definition of terms. For the purposes of this section, the
following definitions shall apply:
Target fuel = The fuel which is being evaluated for its emissions
performance using the complex model
OXY = Oxygen content of the target fuel in terms of weight percent
SUL = Sulfur content of the target fuel in terms of parts per million by
weight
RVP = Reid Vapor Pressure of the target fuel in terms of pounds per
square inch
E200 = 200 [deg]F distillation fraction of the target fuel in terms of
volume percent
E300 = 300 [deg]F distillation fraction of the target fuel in terms of
volume percent
ARO = Aromatics content of the target fuel in terms of volume percent
BEN = Benzene content of the target fuel in terms of volume percent
OLE = Olefins content of the target fuel in terms of volume percent
MTB = Methyl tertiary butyl ether content of the target fuel in terms of
weight percent oxygen
ETB = Ethyl tertiary butyl ether content of the target fuel in terms of
weight percent oxygen
TAM = Tertiary amyl methyl ether content of the target fuel in terms of
weight percent oxygen
ETH = Ethanol content of the target fuel in terms of weight percent
oxygen
exp = The function that raises the number e (the base of the natural
logarithm) to the power in its domain
Phase I = The years 1995-1999
Phase II = Year 2000 and beyond
(b) Weightings and baselines for the complex model. (1) The
weightings for normal and higher emitters (w1 and
w2, respectively) given in table 1 shall be used to calculate
the exhaust emission performance of any fuel for the appropriate
pollutant and Phase:
Table 1--Normal and Higher Emitter Weightings for Exhaust Emissions
------------------------------------------------------------------------
Phase I Phase II
-----------------------------------
VOC & VOC &
toxics NOX toxics NOX
------------------------------------------------------------------------
Normal Emitters (w1)................ 0.52 0.82 0.444 0.738
Higher Emitters (w2)................ 0.48 0.18 0.556 0.262
------------------------------------------------------------------------
(2) The following properties of the baseline fuels shall be used
when determining baseline mass emissions of the various pollutants:
Table 2--Summer and Winter Baseline Fuel Properties
------------------------------------------------------------------------
Fuel property Summer Winter
------------------------------------------------------------------------
Oxygen (wt %)..................................... 0.0 0.0
Sulfur (ppm)...................................... 339 338
RVP (psi)......................................... 8.7 11.5
E200 (%).......................................... 41.0 50.0
E300 (%).......................................... 83.0 83.0
Aromatics (vol %)................................. 32.0 26.4
Olefins (vol %)................................... 9.2 11.9
Benzene (vol %)................................... 1.53 1.64
------------------------------------------------------------------------
(3) The baseline mass emissions for VOC, NOX and toxics
given in tables 3, 4 and 5 of this paragraph (b)(3) shall be used in
conjunction with the complex model during the appropriate Phase and
season:
Table 3--Baseline Exhaust Emissions
------------------------------------------------------------------------
Phase I Phase II
-----------------------------------
Exhaust pollutant Summer Winter Summer Winter
(mg/ (mg/ (mg/ (mg/
mile) mile) mile) mile)
------------------------------------------------------------------------
VOC................................. 446.0 660.0 907.0 1341.0
NOX................................. 660.0 750.0 1340.0 1540.0
Benzene............................. 26.10 37.57 53.54 77.62
Acetaldehyde........................ 2.19 3.57 4.44 7.25
Formaldehyde........................ 4.85 7.73 9.70 15.34
1,3-Butadiene....................... 4.31 7.27 9.38 15.84
POM................................. 1.50 2.21 3.04 4.50
------------------------------------------------------------------------
Table 4--Baseline Non-Exhaust Emissions (Summer Only)
------------------------------------------------------------------------
Phase I Phase II
-----------------------------------
Non-exhaust pollutant Region Region Region Region
1 (mg/ 2 (mg/ 1 (mg/ 2 (mg/
mile) mile) mile) mile)
------------------------------------------------------------------------
VOC................................. 860.48 769.10 559.31 492.07
Benzene............................. 9.66 8.63 6.24 5.50
------------------------------------------------------------------------
[[Page 47]]
Table 5--Total Baseline VOC, NOX and Toxics Emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Summer (mg/mile) Winter (mg/mile)
-----------------------------------------------------------------------------------------------
Pollutant Phase I Phase II Phase I Phase II
-----------------------------------------------------------------------------------------------
Region 1 Region 2 Region 1 Region 2 Region 1 Region 2 Region 1 Region 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
NOX..................................................... 660.0 660.0 1340.0 1340.0 750.0 750.0 1540.0 1540.0
VOC..................................................... 1306.5 1215.1 1466.3 1399.1 660.0 660.0 1341.0 1341.0
Toxics.................................................. 48.61 47.58 86.34 85.61 58.36 58.36 120.55 120.55
--------------------------------------------------------------------------------------------------------------------------------------------------------
(c) VOC performance. (1) The exhaust VOC emissions performance of
gasolines shall be given by the following equations:
VOCE = VOC(b) + (VOC(b) x Yvoc(t)/100)
Yvoc(t) = [lsqbb](w1 x Nv) +
(w2 x Hv)-1[rsqbb] x 100
where
VOCE = Exhaust VOC emissions in milligrams/mile
Yvoc(t) = Exhaust VOC performance of the target fuel in terms
of percentage change from baseline
VOC(b) = Baseline exhaust VOC emissions as defined in paragraph (b)(2)
of this section for the appropriate Phase and season
Nv = [exp v1(t)]/[exp v1(b)]
Hv = [exp v2(t)]/[exp v2(b)]
w1 = Weighting factor for normal emitters as defined in
paragraph (b)(1) of this section for the appropriate Phase
w2 = Weighting factor for higher emitters as defined in
paragraph (b)(1) of this section for the appropriate Phase
v1(t) = Normal emitter VOC equation as defined in paragraph
(c)(1)(i) of this section, evaluated using the target fuel's
properties subject to paragraphs (c)(1) (iii) and (iv) of this
section
v2(t) = Higher emitter VOC equation as defined in paragraph
(c)(1)(ii) of this section, evaluated using the target fuel's
properties subject to paragraphs (c)(1) (iii) and (iv) of this
section
v1(b) = Normal emitter VOC equation as defined in paragraph
(c)(1)(i) of this section, evaluated using the base fuel's
properties
v2(b) = Higher emitter VOC equation as defined in paragraph
(c)(1)(ii) of this section, evaluated using the base fuel's
properties
(i) Consolidated VOC equation for normal emitters.
v1 = (-0.003641 x OXY) + (0.0005219 x SUL) + (0.0289749 x
RVP) + (-0.014470 x E200) + (-0.068624 x E300) + (0.0323712 x ARO) + (-
0.002858 x OLE) + (0.0001072 x E2002) + (0.0004087 x E3002) + (-
0.0003481 x ARO x E300)
(ii) VOC equation for higher emitters.
v2 = (-0.003626 x OXY) + (-5.40 x 10-5 x SUL) +
(0.043295 x RVP) + (-0.013504 x E200) + (-0.062327 x E300) + (0.0282042
x ARO) + (-0.002858 x OLE) + (0.000106 x E200\2\) + (0.000408 x E300\2\)
+ (-0.000287 x ARO x E300)
(iii) Flat line extrapolations. (A) During Phase I, fuels with E200
values greater than 65.83 percent shall be evaluated with the E200 fuel
parameter set equal to 65.83 percent when calculating Yvoc(t)
and VOCE using the equations described in paragraphs (c)(1) (i) and (ii)
of this section. Fuels with E300 values greater than E300* (calculated
using the equation E300* = 80.32 + [0.390 x ARO]) shall be evaluated
with the E300 parameter set equal to E300* when calculating VOCE using
the equations described in paragraphs (c)(1) (i) and (ii) of this
section. For E300* values greater than 94, the linearly extrapolated
model presented in paragraph (c)(1)(iv) of this section shall be used.
(B) During Phase II, fuels with E200 values greater than 65.52
percent shall be evaluated with the E200 fuel parameter set equal to
65.52 percent when calculating VOCE using the equations described in
paragraphs (c)(1) (i) and (ii) of this section. Fuels with E300 values
greater than E300* (calculated using the equation E300* = 79.75 + [0.385
x ARO]) shall be evaluated with the E300 parameter set equal to E300*
when calculating VOCE using the equations described in paragraphs (c)(1)
(i) and (ii) of this section. For E300* values greater than 94, the
linearly extrapolated model presented in paragraph (c)(1)(iv) of this
section shall be used.
(C) During Phase II, fuels with an oxygen concentration greater than
4.0 weight percent and not more than 5.8 weight percent shall be
evaluated with the OXY fuel parameter set equal to 4.0 percent by weight
when calculating
[[Page 48]]
VOCE using the equations described in paragraphs (c)(1)(i) and
(c)(1)(ii) of this section.
(iv) Linear extrapolations. (A) The equations in paragraphs (c)(1)
(i) and (ii) of this section shall be used within the allowable range of
E300, E200, and ARO for the appropriate Phase, as defined in table 6:
Table 6--Allowable Ranges of E200, E300, and ARO for the Exhaust VOC Equations in Paragraphs (c)(1)(i) and (ii)
of This Section
----------------------------------------------------------------------------------------------------------------
Phase I Phase II
-----------------------------------------------------------------------
Fuel parameter Lower Lower
limit Higher limit limit Higher limit
----------------------------------------------------------------------------------------------------------------
E200.................................... 33.00 65.83.................... 33.00 65.52
E300.................................... 72.00 Variable \1\............. 72.00 Variable \2\
ARO..................................... 18.00 46.00.................... 18.00 46.00
----------------------------------------------------------------------------------------------------------------
\1\ Higher E300 limit = lower of 94.0 or 80.32 + [0.390 x (ARO)].
\2\ Higher E300 limit = lower of 94.0 or 79.75 + [0.385 x (ARO)].
(B) For fuels with E200, E300 and/or ARO levels outside the ranges
defined in table 6, YVOC(t) shall be defined:
(1) For Phase I:
YVOC(t) = 100% x 0.52 x [exp(v1(et)) /
exp(v1(b)) - 1] + 100% x 0.48 x [exp(v2(et)) /
exp(v2(b)) - 1] + {100% x 0.52 x [exp(v\1\(et)) /
exp(v1(b))] x [{[(0.0002144 x E200et) - 0.014470]
x [Delta]E200{time} + {[(0.0008174 x E300et) - 0.068624 -
(0.000348 x AROet)] x [Delta]E300{time} + {[(-0.000348 x
E300et) + .0323712] x [Delta]ARO{time} ]{time} + {100% x
0.48 x [exp(v1(et)) / exp(v2(b)){time} ] x
[{[(0.000212 x E200et) - 0.01350] x [Delta]E200{time} +
{[(0.000816 x E300et) - 0.06233 - (0.00029 x
AROet)] x [Delta]E300{time} + {[(-0.00029 x E300{time} ) +
0.028204] x [Delta]ARO{time} ]{time}
(2) For Phase II:
YVOC(t) = 100% x 0.444 x [exp(v1(et)) /
exp(v1(b)) - 1] + 100% x 0.556 x [exp(v2(et)) /
exp(v2(b)) - 1] + {100% x 0.444 x [exp(v1(et)) /
exp(v1(b))] x [{[(0.0002144 x E200et) - 0.014470]
x [Delta]E200{time} + {[(0.0008174 x E300et) - 0.068624 -
(0.000348 x AROet)] x [Delta]E300{time} + {[(-0.000348 x
E300et) + 0.0323712] x [Delta]ARO{time} ]{time} + {100% x
0.556 x [exp(v2(et)) / exp(v2(b))] x [{[(0.000212
x E200et) - 0.01350] x [Delta]E200{time} + {[(0.000816 x
E300et) - 0.06233 - (0.00029 x AROet)] x
[Delta]E300{time} + {[(-0.00029 x E300et) + 0.028204] x
[Delta]ARO{time} ]{time}
(C) During Phase I, the ``edge target'' fuel shall be identical to
the target fuel for all fuel parameters, with the following exceptions:
(1) If the E200 level of the target fuel is less than 33 volume
percent, then the E200 value for the ``edge target'' fuel shall be set
equal to 33 volume percent.
(2) If the aromatics level of the target fuel is less than 18 volume
percent, then the ARO value for the ``edge target'' fuel shall be set
equal to 18 volume percent.
(3) If the aromatics level of the target fuel is greater than 46
volume percent, then the ARO value for the ``edge target'' fuel shall be
set equal to 46 volume percent.
(4) If the E300 level of the target fuel is less than 72 volume
percent, then the E300 value for the ``edge target'' fuel shall be set
equal to 72 volume percent.
(5) If the E300 level of the target fuel is greater than 95 volume
percent, then the E300 value of the target fuel shall be set equal to 95
volume percent for the purposes of calculating VOC emissions with the
Phase I equation given in paragraph (c)(1)(iv)(B) of this section.
(6) If [80.32 + (0.390 x ARO)] exceeds 94 for the target fuel, and
the target fuel value for E300 exceeds 94, then the E300 value for the
``edge target'' fuel shall be set equal to 94 volume percent.
(7) If the E200 level of the target fuel is less than 33 volume
percent, then [Delta]E200 shall be set equal to (E200-33 volume
percent).
(8) If the E200 level of the target fuel equals or exceeds 33 volume
percent, then [Delta]E200 shall be set equal to zero.
(9) If the aromatics level of the target fuel is less than 18 volume
percent, then [Delta]ARO shall be set equal to (ARO-18 volume percent).
If the aromatics level of the target fuel is less than 10 volume
percent, then [Delta]ARO shall be set equal to -8 volume percent.
(10) If the aromatics level of the target fuel is greater than 46
volume percent, then [Delta]ARO shall be set equal to (ARO-46 volume
percent).
(11) If neither of the conditions established in paragraphs
(c)(1)(iv)(C)(9) and
[[Page 49]]
(10) of this section are met, then [Delta]ARO shall be set equal to
zero.
(12) If the E300 level of the target fuel is less than 72 percent,
then [Delta]E300 shall be set equal to (E300-72 percent).
(13) If the E300 level of the target fuel is greater than 94 volume
percent and [80.32 + (0.390xARO)] also is greater than 94, then
[Delta]E300 shall be set equal to (E300-94 volume percent). If the E300
level of the target fuel is greater than 95 volume percent and [80.32 +
(0.390 x ARO)] also is greater than 94, then [Delta]E300 shall be set
equal to 1 volume percent.
(14) If neither of the conditions established in paragraphs
(c)(1)(iv)(C)(12) and (13) of this section are met, then [Delta]E300
shall be set equal to zero.
(D) During Phase II, the ``edge target'' fuel is identical to the
target fuel for all fuel parameters, with the following exceptions:
(1) If the E200 level of the target fuel is less than 33 volume
percent, then the E200 value for the ``edge target'' fuel shall be set
equal to 33 volume percent.
(2) If the aromatics level of the target fuel is less than 18 volume
percent, then the ARO value for the ``edge target'' fuel shall be set
equal to 18 volume percent.
(3) If the aromatics level of the target fuel is greater than 46
volume percent, then the ARO value for the ``edge target'' fuel shall be
set equal to 46 volume percent.
(4) If the E300 level of the target fuel is less than 72 volume
percent, then the E300 value for the ``edge target'' fuel shall be set
equal to 72 volume percent.
(5) If the E300 level of the target fuel is greater than 95 volume
percent, then the E300 value of the target fuel shall be set equal to 95
volume percent for the purposes of calculating VOC emissions with the
Phase II equation given in paragraph (c)(1)(iv)(B) of this section.
(6) If [79.75 + (0.385 x ARO)] exceeds 94 for the target fuel, and
the target fuel value for E300 exceeds 94, then the E300 value for the
``edge target'' fuel shall be set equal to 94 volume percent.
(7) If the E200 level of the target fuel is less than 33 volume
percent, then [Delta]E200 shall be set equal to (E200-33 volume
percent).
(8) If the E200 level of the target fuel equals or exceeds 33 volume
percent, then [Delta]E200 shall be set equal to zero.
(9) If the aromatics level of the target fuel is less than 18 volume
percent and greater than or equal to 10 volume percent, then [Delta]ARO
shall be set equal to (ARO-18 volume percent). If the aromatics level of
the target fuel is less than 10 volume percent, then [Delta]ARO shall be
set equal to -8 volume percent.
(10) If the aromatics level of the target fuel is greater than 46
volume percent, then [Delta]ARO shall be set equal to (ARO - 46 volume
percent).
(11) If neither of the conditions established in paragraphs
(c)(1)(iv)(D)(9) and (10) of this section are met, then [Delta]ARO shall
be set equal to zero.
(12) If the E300 level of the target fuel is less than 72 percent,
then [Delta]E300 shall be set equal to (E300 - 72 percent).
(13) If the E300 level of the target fuel is greater than 94 volume
percent and (79.75 + (0.385 x ARO)) also is greater than 94, then
[Delta]E300 shall be set equal to (E300 - 94 volume percent). If the
E300 level of the target fuel is greater than 95 volume percent and
(79.75 + (0.385 x ARO)) also is greater than 94, then ``E300 shall be
set equal to 1 volume percent.
(2) The winter exhaust VOC emissions performance of gasolines shall
be given by the equations presented in paragraph (c)(1) of this section
with the RVP value set to 8.7 psi for both the baseline and target
fuels.
(3) The nonexhaust VOC emissions performance of gasolines in VOC
Control Region 1 shall be given by the following equations, where:
VOCNE1 = Total nonexhaust emissions of volatile organic compounds in VOC
Control Region 1 in grams per mile
VOCDI1 = Diurnal emissions of volatile organic compounds in VOC Control
Region 1 in grams per mile
VOCHS1 = Hot soak emissions of volatile organic compounds in VOC Control
Region 1 in grams per mile
VOCRL1 = Running loss emissions of volatile organic compounds in VOC
Control Region 1 in grams per mile
VOCRF1 = Refueling emissions of volatile organic compounds in VOC
Control Region 1 in grams per mile
(i) During Phase I:
[[Page 50]]
VOCNE1 = VOCDI1 + VOCHS1 + VOCRL1 + VOCRF1
VOCDI1 = [0.00736 x (RVP\2\)] - [0.0790 x RVP] + 0.2553
VOCHS1 = [0.01557 x (RVP\2\)] - [0.1671 x RVP] + 0.5399
VOCRL1 = [0.00279 x (RVP\2\)] + [0.1096 x RVP] - 0.7340
VOCRF1 = [0.006668 x RVP] - 0.0180
(ii) During Phase II:
VOCNE1 = VOCDI1 + VOCHS1 + VOCRL1 + VOCRF1
VOCDI1 = [0.007385 x (RVP\2\)] - [0.08981 x RVP] + 0.3158
VOCHS1 = [0.006654 x (RVP\2\)] - [0.08094 x RVP] + 0.2846
VOCRL1 = [0.017768 x (RVP\2\)] - [0.18746 x RVP] + 0.6146
VOCRF1 = [0.004767 x RVP] + 0.011859
(4) The nonexhaust VOC emissions performance of gasolines in VOC
Control Region 2 shall be given by the following equations, where:
VOCNE2 = Total nonexhaust emissions of volatile organic compounds in VOC
Control Region 2 in grams per mile
VOCDI2 = Diurnal emissions of volatile organic compounds in VOC Control
Region 2 in grams per mile
VOCHS2 = Hot soak emissions of volatile organic compounds in VOC Control
Region 2 in grams per mile
VOCRL2 = Running loss emissions of volatile organic compounds in VOC
Control Region 2 in grams per mile
VOCRF2 = Refueling emissions of volatile organic compounds in VOC
Control Region 2 in grams per mile
(i) During Phase I:
VOCNE2 = VOCDI2 + VOCHS2 + VOCRL2 + VOCRF2
VOCDI2 = [0.006818 x (RVP\2\)] - [0.07682 x RVP] + 0.2610
VOCHS2 = [0.014421 x (RVP\2\)] - [0.16248 x RVP] + 0.5520
VOCRL2 = [0.016255 x (RVP\2\)] - [0.1306 x RVP] + 0.2963
VOCRF2 = [0.006668 x RVP] - 0.0180
(ii) During Phase II:
VOCNE2 = VOCDI2 + VOCHS2 + VOCRL2 + VOCRF2
VOCDI2 = [0.004775 x (RVP\2\)] - [0.05872 x RVP] + 0.21306
VOCHS2 = [0.006078 x (RVP\2\)] - [0.07474 x RVP] + 0.27117
VOCRL2 = [0.016169 x (RVP\2\)] - [0.17206 x RVP] + 0.56724
VOCRF2 = [0.004767 x RVP] + 0.011859
(5) Winter VOC emissions shall be given by VOCE, as defined in
paragraph (c)(2) of this section, using the appropriate baseline
emissions given in paragraph (b)(3) of this section. Total nonexhaust
VOC emissions shall be set equal to zero under winter conditions.
(6) Total VOC emissions. (i) Total summer VOC emissions shall be
given by the following equations:
VOCS1 = (VOCE / 1000) + VOCNE1
VOCS2 = (VOCE / 1000) + VOCNE2
VOCS1 = Total summer VOC emissions in VOC Control Region 1 in terms of
grams per mile
VOCS2 = Total summer VOC emissions in VOC Control Region 2 in terms of
grams per mile
(ii) Total winter VOC emissions shall be given by the following
equations:
VOCW = (VOCE/1000)
VOCW = Total winter VOC emissions in terms of grams per mile
(7) Phase I total VOC emissions performance. (i) The total summer
VOC emissions performance of the target fuel in percentage terms from
baseline levels shall be given by the following equations during Phase
I:
VOCS1% = [100% x (VOCS1-1.306 g/mi)]/(1.306 g/mi)
VOCS2% = [100% x (VOCS2-1.215 g/mi)]/(1.215 g/mi)
VOC1% = Percentage change in VOC emissions from baseline levels in VOC
Control Region 1
VOC2% = Percentage change in VOC emissions from baseline levels in VOC
Control Region 2
(ii) The total winter VOC emissions performance of the target fuel
in percentage terms from baseline levels shall be given by the following
equations during Phase I:
VOCW% = [100% x (VOCW-0.660 g/mi)]/(0.660 g/mi)
VOCW% = Percentage change in winter VOC emissions from baseline levels
(8) Phase II total VOC emissions performance. (i) The total summer
VOC emissions performance of the target fuel in percentage terms from
baseline levels shall be given by the following equations during Phase
II:
VOCS1% = [100% x (VOCS1-1.4663 g/mi)]/(1.4663 g/mi)
VOCS2% = [100% x (VOCS2-1.3991 g/mi)]/(1.3991 g/mi)
[[Page 51]]
(ii) The total winter VOC emissions performance of the target fuel
in percentage terms from baseline levels shall be given by the following
equation during Phase II:
VOCW% = [100% x (VOC -1.341 g/mi)] / (1.341 g/mi)
(d) NOX performance. (1) The summer NOX
emissions performance of gasolines shall be given by the following
equations:
NOX = NOX(b) + [NOX(b) x Y(t)/100]
YNOX(t) = [lsqbb](w1 x Nn) +
(w2 x Hn)-1[rsqbb] x 100
where
NOX = NOX emissions in milligrams/mile
YNOx(t) = NOX performance of target fuel in terms
of percentage change from baseline
NOX(b) = Baseline NOX emissions as defined in
paragraph (b)(2) of this section for the appropriate phase and
season
Nn = exp n1(t)/exp n1(b)
Hn = exp n2(t)/exp n2(b)
w1 = Weighting factor for normal emitters as defined in
paragraph (b)(1) of this section for the appropriate Phase
w2 = Weighting factor for higher emitters as defined in
paragraph (b)(1) of this section for the appropriate Phase
n1(t) = Normal emitter NOX equation as defined in
paragraph (d)(1)(i) of this section, evaluated using the
target fuel's properties subject to paragraphs (d)(1)(iii) and
(iv) of this section
n2(t) = Higher emitter NOX equation as defined in
paragraph (d)(1)(ii) of this section, evaluated using the
target fuel's properties subject to paragraphs (d)(1)(iii) and
(iv) of this section
n1(b) = Normal emitter NOX equation as defined in
paragraph (d)(1)(i) of this section, evaluated using the base
fuel's properties
n2(b) = Higher emitter NOX equation as defined in
paragraph (d)(1)(ii) of this section, evaluated using the base
fuel's properties
(i) Consolidated equation for normal emitters.
n1 = (0.0018571 x OXY) + (0.0006921 x SUL) + (0.0090744 x
RVP) + (0.0009310 x E200) + (0.0008460 x E300) + (0.0083632 x ARO) + (-
0.002774 x OLE) + (-6.63 x 10-7 x SUL\2\) + (-0.000119 x
ARO\2\) + (0.0003665 x OLE\2\)
(ii) Equation for higher emitters.
n2 = (-0.00913 x OXY) + (0.000252 x SUL) + (-0.01397 x RVP) +
(0.000931 x E200) + (-0.00401 x E300) + (0.007097 x ARO) + (-0.00276 x
OLE) + (0.0003665 x OLE\2\) + (-7.995 x 10-5 x ARO\2\)
(iii) Flat line extrapolations. (A) During Phase I, fuels with
olefin levels less than 3.77 volume percent shall be evaluated with the
OLE fuel parameter set equal to 3.77 volume percent when calculating
NOX performance using the equations described in paragraphs
(d)(1)(i) and (ii) of this section. Fuels with aromatics levels greater
than 36.2 volume percent shall be evaluated with the ARO fuel parameter
set equal to 36.2 volume percent when calculating NOX
performance using the equations described in paragraphs (d)(1)(i) and
(ii) of this section.
(B) During Phase II, fuels with olefin levels less than 3.77 volume
percent shall be evaluated with the OLE fuel parameter set equal to 3.77
volume percent when calculating NOX performance using the
equations described in paragraphs (d)(1)(i) and (ii) of this section.
Fuels with aromatics levels greater than 36.8 volume percent shall be
evaluated with the ARO fuel parameter set equal to 36.8 volume percent
when calculating NOX performance using the equations
described in paragraphs (d)(1)(i) and (ii) of this section.
(iv) Linear extrapolations. (A) The equations in paragraphs
(d)(1)(i) and (ii) of this section shall be used within the allowable
range of SUL, OLE, and ARO for the appropriate Phase, as defined in the
following table 7:
Table 7--Allowable Ranges of SUL, OLE, and ARO for the NOX Equations in
Paragraphs/(d)(1)(i) and (ii) of This Section
------------------------------------------------------------------------
Phase I Phase II
-------------------------------------
Fuel parameter High High
Low end end Low end end
------------------------------------------------------------------------
SUL............................... 10.0 450.0 10.0 450.0
OLE............................... 3.77 19.0 3.77 19.0
ARO............................... 18.0 36.2 18.0 36.8
------------------------------------------------------------------------
(B) For fuels with SUL, OLE, and/or ARO levels outside the ranges
defined in Table 7 of paragraph (d)(1)(iv)(A) of this section,
YNOx(t) shall be defined as:
(1) For Phase I:
YNOx(t) = 100% x 0.82 x [exp(n1(et))/
exp(n1(b)) - 1]
[[Page 52]]
+ 100% x 0.18 x [exp(n2(et))/exp(n2(b)) - 1]
+ {100% x 0.82 x [exp(n1(et))/exp(n1(b))] x [{[(-
0.00000133 x SULet) + 0.000692] x [Delta]SUL{time}
+ {[(-0.000238 x AROet) + 0.0083632] x [Delta]ARO{time}
+ {[(0.000733 x OLEet) - 0.002774] x
[Delta]OLE{time} ]{time}
+ {100% x 0.18 x [exp(n2(et))/exp(n2(b))]
x [{0.000252 x [Delta]SUL{time} +
+ {[(-0.0001599 x AROet) + 0.007097] x [Delta]ARO{time}
+ {[(0.000732 x OLEet) - 0.00276] x
[Delta]OLE{time} ]{time}
(2) For Phase II:
YNOX(t) = 100% x 0.738 x [exp(n1(et))/
exp(n1(b)) - 1]
+ 100% x 0.262 x [exp(n2(et)/exp(n2(b)) - 1]
+ [100% x 0.738 x [exp(n1(et))/exp(n1(b))]
x [{[(-0.00000133 x SULet) + 0.000692] x [Delta]SUL{time}
+ {[(-0.000238 x AROet) + 0.0083632] x [Delta]ARO{time}
+ {[(0.000733 x OLEet) - 0.002774] x
[Delta]OLE{time} ]{time}
+ {100% x 0.262 x [exp(n2(et))/exp(n2(b))]
x [{0.000252 x [Delta]SUL{time} +
x [{(-0.0001599 x AROet) + 0.007097] x [Delta]ARO{time}
+ {[(0.000732 x OLEet) - 0.00276] x
[Delta]OLE{time} ]{time}
Where:
n1, n2 = The equations defined in paragraphs
(d)(1) (i) and (ii) of this section.
et = Collection of fuel parameters for the ``edge target'' fuel. These
parameters are defined in paragraphs (d)(1)(iv) (C) and (D) of this
section.
n1(et) = The function n1 evaluated with ``edge
target'' fuel parameters, which are defined in paragraph (d)(1)(iv)(C)
of this section.
n2(et) = The function n2 evaluated with ``edge
target'' fuel parameters, which are defined in paragraph (d)(1)(iv)(C)
of this section.
n1(b) = The function n1 evaluated with the
appropriate baseline fuel parameters defined in paragraph (b)(2) of this
section.
n2(b) = The function n2 evaluated with the
appropriate baseline fuel parameters defined in paragraph (b)(2) of this
section.
SULet = The value of SUL for the ``edge target'' fuel, as
defined in paragraph (d)(1)(iv)(C) of this section.
AROet = The value of ARO for the ``edge target'' fuel, as
defined in paragraph (d)(1)(iv)(C) of this section.
OLEet = The value of OLE for the ``edge target'' fuel, as
defined in paragraph (d)(1)(iv)(C) of this section.
(C) For both Phase I and Phase II, the ``edge target'' fuel is
identical to the target fuel for all fuel parameters, with the following
exceptions:
(1) If the sulfur level of the target fuel is less than 10 parts per
million, then the value of SUL for the ``edge target'' fuel shall be set
equal to 10 parts per million.
(2) If the sulfur level of the target fuel is greater than 450 parts
per million, then the value of SUL for the ``edge target'' fuel shall be
set equal to 450 parts per million.
(3) If the aromatics level of the target fuel is less than 18 volume
percent, then the value of ARO for the ``edge target'' fuel shall be set
equal to 18 volume percent.
(4) If the olefins level of the target fuel is greater than 19
volume percent, then the value of OLE for the ``edge target'' fuel shall
be set equal to 19 volume percent.
(5) If the E300 level of the target fuel is greater than 95 volume
percent, then the E300 value of the target fuel shall be set equal to 95
volume percent for the purposes of calculating NOX emissions
with the equations given in paragraph (d)(1)(iv)(B) of this section.
(6) If the sulfur level of the target fuel is less than 10 parts per
million, then [Delta]SUL shall be set equal to (SUL-10 parts per
million).
(7) If the sulfur level of the target fuel is greater than 450 parts
per million, then [Delta]SUL shall be set equal to (SUL-450 parts per
million).
(8) If the sulfur level of the target fuel is neither less than 10
parts per million nor greater than 450 parts per million, [Delta]SUL
shall be set equal to zero.
(9) If the aromatics level of the target fuel is less than 18 volume
percent and greater than 10 volume percent, then [Delta]ARO shall be set
equal to (ARO-18 volume percent). If the aromatics level of the target
fuel is less
[[Page 53]]
than 10 volume percent, then [Delta]ARO shall be set equal to -8 volume
percent.
(10) If the aromatics level of the target fuel is greater than or
equal to 18 volume percent, then [Delta]ARO shall be set equal to zero.
(11) If the olefins level of the target fuel is greater than 19
volume percent, then [Delta]OLE shall be set equal to (OLE-19 volume
percent).
(12) If the olefins level of the target fuel is less than or equal
to 19 volume percent, then [Delta]OLE shall be set equal to zero.
(2) The winter NOX emissions performance of gasolines
shall be given by the equations presented in paragraph (d)(1) of this
section with the RVP value set to 8.7 psi.
(3) The NOX emissions performance of the target fuel in
percentage terms from baseline levels shall be given by the following
equations:
For Phase I:
Summer NOX% = [100% x (NOX-0.660 g/mi)]/(0.660 g/
mi)
Winter NOX% = [100% x (NOX-0.750 g/mi)]/(0.750 g/
mi)
For Phase II:
Summer NOX% = [100% x (NOX-1.340 g/mi)]/(1.340 g/
mi)
Winter NOX% = [100% x (NOX-1.540 g/mi)]/(1.540 g/
mi)
Summer NOX% = Percentage change in NOX emissions
from summer baseline levels
Winter NOX% = Percentage change in NOX emissions
from winter baseline levels
(e) Toxics performance--(1) Summer toxics performance. (i) Summer
toxic emissions performance of gasolines in VOC Control Regions 1 and 2
shall be given by the following equations:
TOXICS1 = EXHBZ + FORM + ACET + BUTA + POM + NEBZ1
TOXICS2 = EXHBZ + FORM + ACET + BUTA + POM + NEBZ2
where
TOXICS1 = Summer toxics performance in VOC Control Region 1 in terms of
milligrams per mile.
TOXICS2 = Summer toxics performance in VOC Control Region 2 in terms of
milligrams per mile.
EXHBZ = Exhaust emissions of benzene in terms of milligrams per mile, as
determined in paragraph (e)(4) of this section.
FORM = Emissions of formaldehyde in terms of milligrams per mile, as
determined in paragraph (e)(5) of this section.
ACET = Emissions of acetaldehyde in terms of milligrams per mile, as
determined in paragraph (e)(6) of this section.
BUTA = Emissions of 1,3-butadiene in terms of milligrams per mile, as
determined in paragraph (e)(7) of this section.
POM = Polycyclic organic matter emissions in terms of milligrams per
mile, as determined in paragraph (e)(8) of this section.
NEBZ1 = Nonexhaust emissions of benzene in VOC Control Region 1 in
milligrams per mile, as determined in paragraph (e)(9) of this
section.
NEBZ2 = Nonexhaust emissions of benzene in VOC Control Region 2 in
milligrams per mile, as determined in paragraph (e)(10) of
this section.
(ii) The percentage change in summer toxics performance in VOC
Control Regions 1 and 2 shall be given by the following equations:
For Phase I:
TOXICS1% = [100% x (TOXICS1 -48.61 mg/mi)]/(48.61 mg/mi)
TOXICS2% = [100% x (TOXICS2 - 47.58 mg/mi)] / (47.58 mg/mi)
For Phase II:
TOXICS1% = [100% x (TOXICS1 - 86.34 mg/mi)] / (86.34 mg/mi)
TOXICS2% = [100% x (TOXICS2 - 85.61 mg/mi)]/(85.61 mg/mi)
where
TOXICS1% = Percentage change in summer toxics emissions in VOC Control
Region 1 from baseline levels.
TOXICS2% = Percentage change in summer toxics emissions in VOC Control
Region 2 from baseline levels.
(2) Winter toxics performance. (i) Winter toxic emissions
performance of gasolines in VOC Control Regions 1 and 2 shall be given
by the following equation, evaluated with the RVP set at 8.7 psi:
TOXICW = [EXHBZ + FORM + ACET + BUTA + POM]
where
TOXICW = Winter toxics performance in VOC Control Regions 1 and 2 in
terms of milligrams per mile.
EXHBZ = Exhaust emissions of benzene in terms of milligrams per mile, as
determined in paragraph (e)(4) of this section.
[[Page 54]]
FORM = Emissions of formaldehyde in terms of milligrams per mile, as
determined in paragraph (e)(5) of this section.
ACET = Emissions of acetaldehyde in terms of milligrams per mile, as
determined in paragraph (e)(6) of this section.
BUTA = Emissions of 1,3-butadiene in terms of milligrams per mile, as
determined in paragraph (e)(7) of this section.
POM = Polycyclic organic matter emissions in terms of milligrams per
mile, as determined in paragraph (e)(8) of this section.
(ii) The percentage change in winter toxics performance in VOC
Control Regions 1 and 2 shall be given by the following equation:
For Phase I:
TOXICW% = [100% x (TOXICW-58.36 mg/mi)] / (58.36 mg/mi)
For Phase II:
TOXICW% = [100% x (TOXICW-120.55 mg/mi)] / (120.55 mg/mi)
where
TOXICW% = Percentage change in winter toxics emissions in VOC Control
Regions 1 and 2 from baseline levels.
(3) The year-round toxics performance in VOC Control Regions 1 and 2
shall be derived from volume-weighted performances of individual batches
of fuel as described in Sec. 80.67(g).
(4) Exhaust benzene emissions shall be given by the following
equation, subject to paragragh (e)(4)(iii) of this section:
EXHBZ = BENZ(b) + (BENZ(b) x YBEN(t)/100)
YBEN(t) = [lsqbb](w1 x Nb) +
(w2 x Hb) - 1[rsqbb] x 100
where
EXHBZ = Exhaust benzene emissions in milligrams/mile
YBEN(t) = Benzene performance of target fuel in terms of
percentage change from baseline.
BENZ(b) = Baseline benzene emissions as defined in paragraph (b)(2) of
this section for the appropriate phase and season.
Nb = exp b1(t)/exp b1(b)
Hb = exp b2(t)/exp b2(b)
w1 = Weighting factor for normal emitters as defined in
paragraph (b)(1) of this section for the appropriate Phase.
w2 = Weighting factor for higher emitters as defined in
paragraph (b)(1) of this section for the appropriate Phase.
b1(t) = Normal emitter benzene equation, as defined in
paragraph (e)(4)(i) of this section, evaluated using the
target fuel's properties subject to paragraph (e)(4)(iii) of
this section.
b2(t) = Higher emitter benzene equation as defined in
paragraph (e)(4)(ii) of this section, evaluated using the
target fuel's properties subject to paragraph (e)(4)(iii) of
this section.
b1(b) = Normal emitter benzene equation as defined in
paragraph (e)(4)(i) of this section, evaluated for the base
fuel's properties.
b2(b) = Higher emitter benzene equation, as defined in
paragraph (e)(4)(ii) of this section, evaluated for the base
fuel's properties.
(i) Consolidated equation for normal emitters.
b1 = (0.0006197 x SUL) + (-0.003376 x E200) + (0.0265500 x
ARO) + (0.2223900 x BEN)
(ii) Equation for higher emitters.
b2 = (-0.096047 x OXY) + (0.0003370 x SUL) + (0.0112510 x
E300) + (0.0118820 x ARO) + (0.2223180 x BEN)
(iii) If the aromatics value of the target fuel is less than 10
volume percent, then an aromatics value of 10 volume percent shall be
used when evaluating the equations given in paragraphs (e)(4) (i) and
(ii) of this section. If the E300 value of the target fuel is greater
than 95 volume percent, then an E300 value of 95 volume percent shall be
used when evaluating the equations in paragraphs (e)(4)(i) and (ii) of
this section.
(5) Formaldehyde mass emissions shall be given by the following
equation, subject to paragraphs (e)(5) (iii) and (iv) of this section:
FORM = FORM(b) + (FORM(b) x YFORM(t) / 100)
YFORM(t) = [(w1 x Nf) + (w2
x Hf) - 1] x 100
where
FORM = Exhaust formaldehyde emissions in terms of milligrams/mile.
YFORM(t) = Formaldehyde performance of target fuel in terms
of percentage change from baseline.
FORM(b) = Baseline formaldehyde emissions as defined in paragraph (b)(2)
of this section for the appropriate Phase and season.
Nf = exp f1(t)/exp f1(b)
Hf = exp f2(t)/exp f2(b)
w1 = Weighting factor for normal emitters as defined in
paragraph (b)(1) of this section for the appropriate Phase.
[[Page 55]]
w2 = Weighting factor for higher emitters as defined in
paragraph (b)(1) of this section for the appropriate Phase.
f1(t) = Normal emitter formaldehyde equation as defined in
paragraph (e)(5)(i) of this section, evaluated using the
target fuel's properties subject to paragraphs (e)(5) (iii)
and (iv) of this section.
f2(t) = Higher emitter formaldehyde equation as defined in
paragraph (e)(5)(ii) of this section, evaluated using the
target fuel's properties subject to paragraphs (e)(5) (iii)
and (iv) of this section.
f1(b) = Normal emitter formaldehyde equation as defined in
paragraph (e)(5)(i) of this section, evaluated for the base
fuel's properties.
f2(b) = Higher emitter formaldehyde equation as defined in
paragraph (e)(5)(ii) of this section, evaluated for the base
fuel's properties.
(i) Consolidated equation for normal emitters.
f1 = (-0.010226 x E300) + (-0.007166 x ARO) + (0.0462131 x
MTB)
(ii) Equation for higher emitters.
f2 = (-0.010226 x E300) + (-0.007166 x ARO) + (-0.031352 x
OLE) + (0.0462131 x MTB)
(iii) If the aromatics value of the target fuel is less than 10
volume percent, then an aromatics value of 10 volume percent shall be
used when evaluating the equations given in paragraphs (e)(5) (i) and
(ii) of this section. If the E300 value of the target fuel is greater
than 95 volume percent, then an E300 value of 95 volume percent shall be
used when evaluating the equations given in paragraphs (e)(5) (i) and
(ii) of this section.
(iv) When calculating formaldehyde emissions and emissions
performance, oxygen in the form of alcohols which are more complex or
have higher molecular weights than ethanol shall be evaluated as if it
were in the form of ethanol. Oxygen in the form of methyl ethers other
than TAME and MTBE shall be evaluated as if it were in the form of MTBE.
Oxygen in the form of ethyl ethers other than ETBE shall be evaluated as
if it were in the form of ETBE. Oxygen in the form of non-methyl, non-
ethyl ethers shall be evaluated as if it were in the form of ETBE.
Oxygen in the form of methanol or non-alcohol, non-ether oxygenates
shall not be evaluated with the Complex Model, but instead must be
evaluated through vehicle testing per Sec. 80.48.
(6) Acetaldehyde mass emissions shall be given by the following
equation, subject to paragraphs (e)(6) (iii) and (iv) of this section:
ACET = ACET(b) + (ACET(b) x YACET(t)/100)
YACET(t) = [(w1 x Na) + (w2
x Ha)-1] x 100
where
ACET = Exhaust acetaldehyde emissions in terms of milligrams/mile
YACET(t) = Acetaldehyde performance of target fuel in terms
of percentage change from baseline
ACET(b) = Baseline acetaldehyde emissions as defined in paragraph (b)(2)
of this section for the appropriate phase and season
Na = exp a1(t)/exp a1(b)
Ha = exp a2(t)/exp a2(b)
w1 = Weighting factor for normal emitters as defined in
paragraph (b)(1) of this section for the appropriate phase
w2 = Weighting factor for higher emitters as defined in
paragraph (b)(1) of this section for the appropriate phase
a1(t) = Normal emitter acetaldehyde equation as defined in
paragraph (e)(6)(i) of this section, evaluated using the
target fuel's properties, subject to paragraphs (e)(6) (iii)
and (iv) of this section
a2(t) = Higher emitter acetaldehyde equation as defined in
paragraph (e)(6)(ii) of this section, evaluated using the
target fuel's properties, subject to paragraphs (e)(6) (iii)
and (iv) of this section
a1(b) = Normal emitter acetaldehyde equation as defined in
paragraph (e)(6)(i) of this section, evaluated for the base
fuel's properties
f2(b) = Higher emitter acetaldehyde equation as defined in
paragraph (e)(6)(ii) of this section, evaluated for the base
fuel's properties
(i) Consolidated equation for normal emitters.
a1 = (0.0002631 x SUL) + (0.0397860 x RVP) + (-0.012172 x
E300) + (-0.005525 x ARO) + (-0.009594 x MTB) + (0.3165800 x ETB) +
(0.2492500 x ETH)
(ii) Equation for higher emitters.
a2 = (0.0002627 x SUL) + (-0.012157 x E300) + (-0.005548 x
ARO) + (-0.055980 x MTB) + (0.3164665 x ETB) + (0.2493259 x ETH)
(iii) If the aromatics value of the target fuel is less than 10
volume percent, then an aromatics value of 10 volume percent shall be
used when evaluating
[[Page 56]]
the equations given in paragraphs (e)(6) (i) and (ii) of this section.
If the E300 value of the target fuel is greater than 95 volume percent,
then an E300 value of 95 volume percent shall be used when evaluating
the equations given in paragraphs (e)(6) (i) and (ii) of this section.
(iv) When calculating acetaldehyde emissions and emissions
performance, oxygen in the form of alcohols which are more complex or
have higher molecular weights than ethanol shall be evaluated as if it
were in the form of ethanol. Oxygen in the form of methyl ethers other
than TAME and MTBE shall be evaluated as if it were in the form of MTBE.
Oxygen in the form of ethyl ethers other than ETBE shall be evaluated as
if it were in the form of ETBE. Oxygen in the form of non-methyl, non-
ethyl ethers shall be evaluated as if it were in the form of ETBE.
Oxygen in the form of methanol or non-alcohol, non-ether oxygenates
shall not be evaluated with the Complex Model, but instead must be
evaluated through vehicle testing per Sec. 80.48.
(7) 1,3-butadiene mass emissions shall be given by the following
equations, subject to paragraph (e)(7)(iii) of this section:
BUTA = BUTA(b) + (BUTA(b) x YBUTA(t)/100)
YBUTA(t) = [(w1 x Nd) + (w2
x Hd)-1] x 100
where
BUTA = Exhaust 1,3-butadiene emissions in terms of milligrams/mile
YBUTA(t) = 1,3-butadiene performance of target fuel in terms
of percentage change from baseline
BUTA(b) = Baseline 1,3-butadiene emissions as defined in paragraph
(b)(2) of this section for the appropriate phase and season
Nd = exp d1(t)/exp d1(b)
Hd = exp d2(t)/exp d2(b)
w1 = eighting factor for normal emitters as defined in
paragraph (b)(1) of this section for the appropriate phase
w2 = Weighting factor for higher emitters as defined in
paragraph (b)(1) of this section for the appropriate Phase.
d1(t) = Normal emitter 1,3-butadiene equation as defined in
paragraph (e)(7)(i) of this section, evaluated using the
target fuel's properties, subject to paragraph (e)(7)(iii) of
this section.
d2(t) = Higher emitter 1,3-butadiene equation as defined in
paragraph (e)(7)(ii) of this section, evaluated using the
target fuel's properties, subject to paragraph (e)(7)(iii) of
this section.
d1(b) = Normal emitter 1,3-butadiene equation as defined in
paragraph (e)(7)(i) of this section, evaluated for the base
fuel's properties.
d2(b) = Higher emitter 1,3-butadiene equation as defined in
paragraph (e)(7)(ii) of this section, evaluated for the base
fuel's properties.
(i) Consolidated equation for normal emitters.
d1 = (0.0001552 x SUL) + (-0.007253 x E200) + (-0.014866 x
E300) + (-0.004005 x ARO) + (0.0282350 x OLE)
(ii) Equation for higher emitters.
d2 = (-0.060771 x OXY) + (-0.007311 x E200) + (-0.008058 x
E300) + (-0.004005 x ARO) + (0.0436960 x OLE)
(iii) If the aromatics value of the target fuel is less than 10
volume percent, then an aromatics value of 10 volume percent shall be
used when evaluating the equations given in paragraphs (e)(7) (i) and
(ii) of this section. If the E300 value of the target fuel is greater
than 95 volume percent, then an E300 value of 95 volume percent shall be
used when evaluating the equations given in paragraphs (e)(7) (i) and
(ii) of this section.
(8) Polycyclic organic matter mass emissions shall be given by the
following equation:
POM = 0.003355 x VOCE
POM = Polycyclic organic matter emissions in terms of milligrams per
mile
VOCE = Non-methane, non-ethane exhaust emissions of volatile organic
compounds in grams per mile.
(9) Nonexhaust benzene emissions in VOC Control Region 1 shall be
given by the following equations for both Phase I and Phase II:
NEBZ1 = DIBZ1 + HSBZ1 + RLBZ1 + RFBZ1
HSBZ1 = 10 x BEN x VOCHS1 x [(-0.0342 x MTB) + (-0.080274 x RVP) +
1.4448]
DIBZ1 = 10 x BEN x VOCD11 x [(-0.0290 x MTB) + (-0.080274 x RVP) +
1.3758]
RLBZ1 = 10 x BEN x VOCRL1 x [(-0.0342 x MTB) + (-0.080274 x RVP) +
1.4448]
RFBZ1 = 10 x BEN x VOCRF1 x [(-0.0296 x MTB) + (-0.081507 x RVP) +
1.3972
[[Page 57]]
where
NEBZ1 = Nonexhaust emissions of volatile organic compounds in VOC
Control Region 1 in milligrams per mile.
DIBZ1 = Diurnal emissions of volatile organic compounds in VOC Control
Region 1 in milligrams per mile.
HSBZ1 = Hot soak emissions of volatile organic compounds in VOC Control
Region 1 in milligrams per mile.
RLBZ1 = Running loss emissions of volatile organic compounds in VOC
Control Region 1 in milligrams per mile.
RFBZ1 = Refueling emissions of volatile organic compounds in VOC Control
Region 1 in grams per mile.
VOCDI1 = Diurnal emissions of volatile organic compounds in VOC Control
Region 1 in milligrams per mile, as determined in paragraph
(c)(3) of this section.
VOCHS1 = Hot soak emissions of volatile organic compounds in VOC Control
Region 1 in milligrams per mile, as determined in paragraph
(c)(3) of this section.
VOCRL1 = Running loss emissions of volatile organic compounds in VOC
Control Region 1 in milligrams per mile, as determined in
paragraph (c)(3) of this section.
VOCRF1 = Refueling emissions of volatile organic compounds in VOC
Control Region 1 in milligrams per mile, as determined in
paragraph (c)(3) of this section.
(10) Nonexhaust benzene emissions in VOC Control Region 2 shall be
given by the following equations for both Phase I and Phase II:
NEBZ2 = DIBZ2 + HSBZ2 + RLBZ2 + RFBZ2
HSBZ2 = 10 x BEN x VOCHS2 x [(-0.0342 x MTB) + (-0.080274 x RVP) +
1.4448]
DIBZ2 = 10 x BEN x VOCD12 x [(-0.0290 x MTB) + (-0.080274 x RVP) +
1.3758]
RLBZ2 = 10 x BEN x VOCRL2 x [(-0.0342 x MTB) + (-0.080274 x RVP) +
1.4448]
RFBZ2 = 10 x BEN x VOCRF2 x [(-0.0296 x MTB) + (-0.081507 x RVP) +
1.3972
where
NEBZ2 = Nonexhaust emissions of volatile organic compounds in VOC
Control Region 2 in milligrams per mile.
DIBZ2 = Diurnal emissions of volatile organic compounds in VOC Control
Region 2 in milligrams per mile.
HSBZ2 = Hot soak emissions of volatile organic compounds in VOC Control
Region 2 in milligrams per mile.
RLBZ2 = Running loss emissions of volatile organic compounds in VOC
Control Region 2 in milligrams per mile.
RFBZ2 = Refueling emissions of volatile organic compounds in VOC Control
Region 2 in grams per mile.
VOCDI2 = Diurnal emissions of volatile organic compounds in VOC Control
Region 2 in milligrams per mile, as determined in paragraph
(c)(4) of this section.
VOCHS2 = Hot soak emissions of volatile organic compounds in VOC Control
Region 2 in milligrams per mile, as determined in paragraph
(c)(4) of this section.
VOCRL2 = Running loss emissions of volatile organic compounds in VOC
Control Region 2 in milligrams per mile, as determined in
paragraph (c)(4) of this section.
VOCRF2 = Refueling emissions of volatile organic compounds in VOC
Control Region 2 in milligrams per mile, as determined in
paragraph (c)(4) of this section.
(f) Limits of the model. (1) The equations described in paragraphs
(c), (d), and (e) of this section shall be valid only for fuels with
fuel properties that fall in the following ranges for reformulated
gasolines and conventional gasolines:
(i) For reformulated gasolines:
------------------------------------------------------------------------
Fuel property Acceptable range
------------------------------------------------------------------------
Oxygen.................................... 0.0-5.8 weight percent.
Sulfur.................................... 0.0-500.0 parts per million
by weight.
RVP....................................... 6.4-10.0 pounds per square
inch.
E200...................................... 30.0-70.0 percent
evaporated.
E300...................................... 70.0-100.0 percent
evaporated.
Aromatics................................. 0.0-50.0 volume percent.
Olefins................................... 0.0-25.0 volume percent.
Benzene................................... 0.0-2.0 volume percent.
------------------------------------------------------------------------
(ii) For conventional gasoline:
------------------------------------------------------------------------
Fuel property Acceptable range
------------------------------------------------------------------------
Oxygen.................................... 0.0-5.8 weight percent.
Sulfur.................................... 0.0-1000.0 parts per million
by weight.
RVP....................................... 6.4-11.0 pounds per square
inch.
E200...................................... 30.0-70.0 evaporated
percent.
E300...................................... 70.0-100.0 evaporated
percent.
Aromatics................................. 0.0-55.0 volume percent.
Olefins................................... 0.0-30.0 volume percent.
Benzene................................... 0.0-4.9 volume percent.
------------------------------------------------------------------------
(2) Fuels with one or more properties that do not fall within the
ranges described in above shall not be certified or evaluated for their
emissions performance using the complex emissions
[[Page 58]]
model described in paragraphs (c), (d), and (e) of this section.
[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36959, July 20, 1994; 62
FR 68206, Dec. 31, 1997; 71 FR 74566, Dec. 15, 2005; 76 FR 44443, July
25, 2011]
Sec. 80.46 Measurement of reformulated gasoline and conventional
gasoline fuel parameters.
(a) Sulfur. Sulfur content of gasoline and butane must be determined
by use of the following methods:
(1) Through December 31, 2015, the sulfur content of gasoline must
be determined by ASTM D2622 or by one of the alternative test methods
specified in paragraph (a)(3) of this section. Beginning January 1,
2016, the sulfur content of gasoline must be determined by a test method
approved under Sec. 80.47.
(2) Through December 31, 2015, the sulfur content of butane must be
determined by ASTM D6667 or by one of the alternative test methods
specified in paragraph (a)(4) of this section.
(3) Through December 31, 2015, any refiner or importer may use ASTM
D3120, ASTM D5453, ASTM D6920, or ASTM D7039 for determining the sulfur
content of gasoline provided the refiner or importer test result is
correlated with the method specified in paragraph (a)(1) of this
section:
(4) Beginning January 1, 2016, the sulfur content of butane must be
determined by a test method approved under Sec. 80.47. Through December
31, 2015, any refiner or importer may determine the sulfur content of
butane using ASTM D4468 or ASTM D3246; provided the refiner or importer
test result is correlated with the method specified in paragraph (a)(2)
of this section.
(b) Olefins. Olefin content must be determined by use of the
following methods:
(1) Through December 31, 2015, olefin content must be determined
using ASTM D1319. Beginning January 1, 2016, the olefin content of
gasoline must be determined by a test method approved under Sec. 80.47.
(2) Through December 31, 2015, any refiner or importer may determine
olefin content using ASTM D6550 for purposes of meeting any testing
requirements involving olefin content, provided that the refiner or
importer test result is correlated with the method specified in
paragraph (b)(1) of this section on a site-specific basis, in order to
achieve an unbiased prediction of the result in volume percent, for the
method specified in paragraph (b)(1) of this section.
(c) Reid Vapor Pressure (RVP). (1) Through December 31, 2015, Reid
Vapor Pressure must be determined using ASTM D5191, except the following
correction equation must be used:
RVP psi = (0.956 * X) - 0.347
RVP kPa = (0.956 * X) - 2.39
Where:
X = Total measured vapor pressure, in psi or kPa.
(2) Beginning January 1, 2016, RVP must be determined by a test
method approved under Sec. 80.47, except as provided in paragraph
(c)(2)(i) of this section.
(i) For reporting purposes, the RVP test result computed from Sec.
80.47 must continue to utilize the RVP correction equation in paragraph
(c)(1) of this section.
(ii) [Reserved]
(d) Distillation. Through December 31, 2015, distillation parameters
must be determined using ASTM D86. Beginning January 1, 2016, the
distillation parameters must be determined by a test method approved
under Sec. 80.47. (Note: The precision estimates for reproducibility in
ASTM D86-12 do not apply; see Sec. 80.47(h).)
(e) Benzene. Through December 31, 2015, benzene content must be
determined using ASTM D3606, except that instrument parameters shall be
adjusted to ensure complete resolution of the benzene, ethanol and
methanol peaks because ethanol and methanol may cause interference with
ASTM D3606 when present. Beginning January 1, 2016, the benzene content
must be determined by a test method approved under Sec. 80.47.
(f)(1) Through December 31, 2015, aromatic content must be
determined using ASTM D5769, except the sample chilling requirements in
section 8 of this standard method are optional. Beginning January 1,
2016, the aromatic content must be determined by a test method approved
under Sec. 80.47.
(2) [Reserved]
[[Page 59]]
(3) Through December 31, 2015, any refiner or importer may determine
aromatics content using ASTM D1319 for the purposes of meeting any test
requirement involving aromatic content; provided that the refiner or
importer test result is correlated with the method specified in
paragraph (f)(1) of this section.
(g) Oxygen and oxygenate content analysis. (1) Through December 31,
2015, oxygen and oxygenate content must be determined using ASTM D5599.
Beginning January 1, 2016, oxygen and oxygenate content must be
determined by a test method approved under Sec. 80.47.
(2) Through December 31, 2015, when oxygenates present are limited
to MTBE, ETBE, TAME, DIPE, tertiary-amyl alcohol and C1 to C4 alcohols,
any refiner, importer, or oxygenate blender may determine oxygen and
oxygen content using ASTM D4815 for purposes of meeting any testing
requirement; provided that the refiner or importer test result is
correlated with the method specified in paragraph (g)(1) of this
section.
(h) Materials incorporated by reference. The published materials
identified in this section are incorporated by reference into this
section with the approval of the Director of the Federal Register under
5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than
that specified in this section, a document must be published in the
Federal Register and the material must be available to the public. All
approved materials are available for inspection at the Air and Radiation
Docket and Information Center (Air Docket) in the EPA Docket Center
(EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave. NW.,
Washington, DC. The EPA/DC Public Reading Room hours of operation are
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.
The telephone number of the EPA/DC Public Reading Room is (202) 566-
1744, and the telephone number for the Air Docket is (202) 566-1742.
These approved materials are also available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call (202) 741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html. In addition, these materials are available from the
sources listed below.
(1) ASTM International material. The following standards are
available from ASTM International, 100 Barr Harbor Dr., P.O. Box C700,
West Conshohocken, PA 19428-2959, (877) 909-ASTM, or http://
www.astm.org:
(i) ASTM D86-12, Standard Test Method for Distillation of Petroleum
Products at Atmospheric Pressure, approved December 1, 2012 (``ASTM
D86'').
(ii) ASTM D1319-13, Standard Test Method for Hydrocarbon Types in
Liquid Petroleum Products by Fluorescent Indicator Adsorption, approved
May 1, 2013 (``ASTM D1319'').
(iii) ASTM D2622-10, Standard Test Method for Sulfur in Petroleum
Products by Wavelength Dispersive X-ray Fluorescence Spectrometry,
approved February 15, 2010 (``ASTM D2622'').
(iv) ASTM D3120-08, Standard Test Method for Trace Quantities of
Sulfur in Light Liquid Petroleum Hydrocarbons by Oxidative
Microcoulometry, approved December 15, 2008 (``ASTM D3120'').
(v) ASTM D3246-11, Standard Test Method for Sulfur in Petroleum Gas
by Oxidative Microcoulometry, approved June 1, 2011 (``ASTM D3246'').
(vi) ASTM D3606-10, Standard Test Method for Determination of
Benzene and Toluene in Finished Motor and Aviation Gasoline by Gas
Chromatography, approved October 1, 2010 (``ASTM D3606'').
(vii) ASTM D4468-85 (Reapproved 2011), Standard Test Method for
Total Sulfur in Gaseous Fuels by Hydrogenolysis and Rateometric
Colorimetry, approved November 1, 2011 (``ASTM D4468'').
(viii) ASTM D4815-13, Standard Test Method for Determination of
MTBE, ETBE, TAME, DIPE, tertiary-Amyl Alcohol and C1 to C4 Alcohols in
Gasoline by Gas Chromatography, approved October 1, 2013 (``ASTM
D4815'').
(ix) ASTM D5191-13, Standard Test Method for Vapor Pressure of
Petroleum Products (Mini Method), approved December 1, 2013 (``ASTM
D5191'').
(x) ASTM D5453-12, Standard Test Method for Determination of Total
[[Page 60]]
Sulfur in Light Hydrocarbons, Spark Ignition Engine Fuel, Diesel Engine
Fuel, and Engine Oil by Ultraviolet Fluorescence, approved November 1,
2012 (``ASTM D5453'').
(xi) ASTM D5599-00 (Reapproved 2010), Standard Test Method for
Determination of Oxygenates in Gasoline by Gas Chromatography and Oxygen
Selective Flame Ionization Detection, approved October 1, 2010 (``ASTM
D5599'').
(xii) ASTM D5769-10, Standard Test Method for Determination of
Benzene, Toluene, and Total Aromatics in Finished Gasolines by Gas
Chromatography/Mass Spectrometry, approved May 1, 2010 (``ASTM D5769'').
(xiii) ASTM D6550-10, Standard Test Method for Determination of
Olefin Content of Gasolines by Supercritical-Fluid Chromatography,
approved October 1, 2010 (``ASTM D6550'').
(xiv) ASTM D6667-10, Standard Test Method for Determination of Total
Volatile Sulfur in Gaseous Hydrocarbons and Liquefied Petroleum Gases by
Ultraviolet Fluorescence, approved October 1, 2010 (``ASTM D6667'').
(xv) ASTM D6920-13, Standard Test Method for Total Sulfur in
Naphthas, Distillates, Reformulated Gasolines, Diesels, Biodiesels, and
Motor Fuels by Oxidative Combustion and Electrochemical Detection,
approved September 15, 2013 (``ASTM D6920'').
(xvi) ASTM D7039-13, Standard Test Method for Sulfur in Gasoline,
Diesel Fuel, Jet Fuel, Kerosine, Biodiesel, Biodiesel Blends, and
Gasoline-Ethanol Blends by Monochromatic Wavelength Dispersive X-ray
Fluorescence Spectrometry, approved September 15, 2013 (``ASTM D7039'').
(2) [Reserved]
[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36961, July 20, 1994; 61
FR 58306, Nov. 13, 1996; 63 FR 63793, Nov. 17, 1998; 65 FR 6822, Feb.
10, 2000; 65 FR 53189, Sept. 1, 2000; 66 FR 17263, Mar. 29, 2001; 67 FR
8737, Feb. 26, 2002; 67 FR 40181, June 12, 2002; 68 FR 56781, Oct. 2,
2003; 68 FR 57819, Oct. 7, 2003; 71 FR 16499, Apr. 3, 2006; 73 FR 74355,
Dec. 8, 2008; 74 FR 6233, Feb. 6, 2009; 76 FR 65385, Oct. 21, 2011; 79
FR 23632, Apr. 28, 2014; 80 FR 9090, Feb. 19, 2015]
Sec. 80.47 Performance-based Analytical Test Method Approach.
All sample handling, testing procedures, and tests must be conducted
using good laboratory practices.
(a) Definitions. As used in this subpart D:
(1) Performance-based Analytical Test Method Approach means a
measurement system based upon established performance criteria for
accuracy and precision with use of analytical test methods. As used in
this subpart, this is a measurement system used by laboratories to
demonstrate that a particular analytical test method is acceptable for
demonstrating compliance.
(2) Accuracy means the closeness of agreement between an observed
value from a single test measurement and an accepted reference value.
(3) Precision means the degree of agreement in a set of measurements
performed on the same property of identical test material.
(4) Absolute fuel parameter means a fuel parameter for which a
gravimetric standard is practical to construct and use. Sulfur content
of gasoline, butane, or diesel fuel are examples of an absolute fuel
parameter.
(5) Gravimetric standard means a test material made by adding a
carefully weighed quantity of the analyte to a measured quantity of
another substance known not to contain any of the analyte, resulting in
a solution with an accurately known concentrate of the analyte.
(6) Consensus named fuels are homogeneous quantities of fuel that
have been analyzed by a number of different laboratories (by sending
around small samples). The average concentration of some parameter of
interest across all of the different laboratories is then used as the
``consensus name'' for that material.
(7) Locally-named reference materials are gasoline or diesel fuels
that are usually from the regular production of the facility where they
are used in laboratory quality control efforts and have been analyzed
using the designated method (either by the facility's lab or by a
reference lab) to obtain an estimate of their concentration.
(8) Method-defined fuel parameter means a fuel parameter for which
an
[[Page 61]]
EPA-prescribed primary test method or designated method defines the
regulatory standard. Examples of method-defined fuel parameters include
olefin content in gasoline, Reid vapor pressure (RVP) of gasoline,
distillation parameters of gasoline, benzene content of gasoline,
aromatic content of gasoline and diesel fuel, and oxygen/oxygenates
content of gasoline.
(9) Reference installations are designated test method installations
that are used to qualify the accuracy of other method-defined parameter
instruments. Reference installations of the designated test method will
be used to evaluate the accuracy of other method-defined alternative
test methods and to establish correlation equations if necessary.
(10) Correlation equation is a correction equation as determined by
the use of ASTM D6708. This standard practice determines whether the
comparison between the alternative test method and the designated test
method is a null result. If the comparison is not null, then the
standard practice provides for a correlation equation that predicts
designated test method results from the applicable method-defined
alternative test method.
(11) Statistical quality control (SQC) means a planned system of
activities whose purpose is to provide a level of quality that meets the
needs of compliance with the standards of this part. This subpart
prescribes specific SQC requirements for both absolute and method driven
fuel parameters for both voluntary and non-voluntary consensus-based
standards bodies.
(12) Voluntary consensus-based standards body (VCSB) means a
domestic or international organization that plans, develops,
establishes, or coordinates voluntary consensus standards using agreed-
upon procedures and which possesses the attributes of openness, balance
of interest, due process, and consensus, as explained in OMB Circular A-
119 and the National Technology Transfer and Advancement Act of 1995,
P.L. 104-113, sec. 12(d).
(13) Non-voluntary consensus-based standards body (non-VCSB) means a
domestic or international regulated party that has developed a
proprietary analytical test method that has not been adopted by a VCSB
organization.
(b) Precision and accuracy criteria for approval for the absolute
fuel parameter of gasoline sulfur--(1) Precision. Beginning January 1,
2016, for motor vehicle gasoline, gasoline blendstock, and gasoline fuel
additives subject to the gasoline sulfur standard at Sec. Sec. 80.195
and 80.1603, the maximum allowable standard deviation computed from the
results of a minimum of 20 tests made over 20 days (tests may be
arranged into no fewer than five batches of four or fewer tests each,
with only one such batch allowed per day over the minimum of 20 days) on
samples using good laboratory practices taken from a single homogeneous
commercially available gasoline must be less than or equal to 1.5 times
the repeatability ``r'' divided by 2.77, where ``r'' equals the ASTM
repeatability of ASTM D7039 (Example: A 10ppm sulfur gasoline sample:
Maximum allowable standard deviation of 20 tests<=1.5*(1.73ppm/2.77) =
0.94 ppm). The 20 results must be a series of tests with a sequential
record of analysis and no omissions. A laboratory facility may exclude a
given sample or test result only if the exclusion is for a valid reason
under good laboratory practices and it maintains records regarding the
sample and test results and the reason for excluding them.
(2) Accuracy. Beginning January 1, 2016, for motor vehicle gasoline,
gasoline blendstock, and gasoline fuel additives subject to the gasoline
sulfur standard at Sec. Sec. 80.195 and 80.1603:
(i) The arithmetic average of a continuous series of at least 10
tests performed using good laboratory practices on a commercially
available gravimetric sulfur standard in the range of 1-10 ppm, say 10
ppm, shall not differ from the accepted reference value (ARV) of the
standard by more than 0.70 ppm sulfur;
(ii) The arithmetic average of a continuous series of at least 10
tests performed using good laboratory practices on a commercially
available gravimetric sulfur standard in the range of 10-20 ppm, say 20
ppm, shall not differ from the ARV of the standard by more than 1.02 ppm
sulfur; and
(iii) In applying the tests of paragraphs (b)(2)(i) and (ii) of this
section,
[[Page 62]]
individual test results shall be compensated for any known chemical
interferences using good laboratory practices.
(3) The test method specified at Sec. 80.46(a)(1) and in use prior
to October 28, 2013 is exempt from the requirements of paragraphs (b)(1)
and (2) of this section.
(c) Precision and accuracy criteria for approval of the absolute
fuel parameter of sulfur in butane--(1) Precision. Beginning January 1,
2016, for butane subject to the butane sulfur standard at Sec. Sec.
80.82, 80.195, 80.340(b) and 80.1603, the maximum allowable standard
deviation computed from the results of a minimum of 20 tests made over
20 days (tests may be arranged into no fewer than five batches of four
or fewer tests each, with only one such batch allowed per day over the
minimum of 20 days) on samples using good laboratory practices taken
from a single homogeneous commercially available butane must be less
than or equal to 1.5 times the repeatability (r) divided by 2.77, where
``r'' equals the ASTM repeatability of ASTM D6667 (Example: A 10 ppm
sulfur butane sample: Maximum allowable standard deviation of 20
tests<=1.5*(1.15ppm/2.77) = 0.62 ppm). The 20 results must be a series
of tests with a sequential record of analysis and no omissions. A
laboratory facility may exclude a given sample or test result only if
the exclusion is for a valid reason under good laboratory practices and
it maintains records regarding the sample and test results and the
reason for excluding them.
(2) Accuracy. Beginning January 1, 2016, for butane subject to the
butane sulfur standard at Sec. Sec. 80.82, 80.195, 80.340(b) and
80.1603--
(i) The arithmetic average of a continuous series of at least 10
tests performed using good laboratory practices on a commercially
available gravimetric sulfur standard in the range of 1-10 ppm, say 10
ppm, shall not differ from the accepted reference value (ARV) of the
standard by more than 0.47 ppm sulfur;
(ii) The arithmetic average of a continuous series of at least 10
tests performed using good laboratory practices on a commercially
available gravimetric sulfur standard in the range of 10-20 ppm, say 20
ppm, shall not differ from the accepted reference value (ARV) of the
standard by more than 0.94 ppm sulfur; and
(iii) In applying the tests of paragraphs (c)(2)(i) and (ii) of this
section, individual test results shall be compensated for any known
chemical interferences using good laboratory practices.
(3) The test method specified at Sec. 80.46(a)(2) and in use prior
to October 28, 2013 is exempt from the requirements of paragraphs (c)(1)
and (2) of this section.
(d) Precision criteria for approval of the method defined fuel
parameter of olefins in gasoline--(1) Precision. Beginning January 1,
2016, for motor vehicle gasoline, gasoline blendstock, and gasoline fuel
additives subject to the gasoline standards of this part, the maximum
allowable standard deviation computed from the results of a minimum of
20 tests made over 20 days (tests may be arranged into no fewer than
five batches of four or fewer tests each, with only one such batch
allowed per day over the minimum of 20 days) on samples using good
laboratory practices taken from a single homogeneous commercially
available gasoline must be less than or equal to 0.3 times the
reproducibility (R), where ``R'' equals the ASTM reproducibility of ASTM
D1319 (Example: A gasoline containing 9 Vol% olefins: Maximum allowable
standard deviation of 20 tests <=0.3*(3.06 Vol%) = 0.92 Vol%). The 20
results must be a series of tests with a sequential record of analysis
and no omissions. A laboratory facility may exclude a given sample or
test result only if the exclusion is for a valid reason under good
laboratory practices and it maintains records regarding the sample and
test results and the reason for excluding them.
(2) The test method specified at Sec. 80.46(b)(1) and in use prior
to October 28, 2013 is exempt from the requirements of paragraph (d)(1)
of this section.
(e) Precision criteria for approval of the method defined fuel
parameter of aromatics in gasoline--(1) Precision. Beginning January 1,
2016, for motor vehicle
[[Page 63]]
gasoline, gasoline blendstock, and gasoline fuel additives subject to
the gasoline standards of this part, the maximum allowable standard
deviation computed from the results of a minimum of 20 tests made over
20 days (tests may be arranged into no fewer than five batches of four
or fewer tests each, with only one such batch allowed per day over the
minimum of 20 days) on samples using good laboratory practices taken
from a single homogeneous commercially available gasoline must be less
than or equal to 0.3 times the reproducibility (R), where ``R'' equals
the ASTM reproducibility of ASTM D1319 (Example: A gasoline containing
32Vol% aromatics: Maximum allowable standard deviation of 20 tests
<=0.3*(3.7 Vol%) = 1.11Vol%). The 20 results must be a series of tests
with a sequential record of analysis and no omissions. A laboratory
facility may exclude a given sample or test result only if the exclusion
is for a valid reason under good laboratory practices and it maintains
records regarding the sample and test results and the reason for
excluding them.
(2) The test method specified at Sec. 80.46(f)(1) and in use prior
to October 28, 2013 is exempt from the requirements of paragraph (e)(1)
of this section.
(f) Precision criteria for approval of the method defined fuel
parameter of oxygen and oxygenate content in gasoline--(1) Precision.
Beginning January 1, 2016, for motor vehicle gasoline, gasoline
blendstock, and gasoline fuel additives subject to the gasoline
standards of this part, the maximum allowable standard deviation
computed from the results of a minimum of 20 tests made over 20 days
(tests may be arranged into no fewer than five batches of four or fewer
tests each, with only one such batch allowed per day over the minimum of
20 days) on samples using good laboratory practices taken from a single
homogeneous commercially available gasoline must be less than or equal
to 0.3 times the reproducibility (R), where ``R'' equals the ASTM
reproducibility of ASTM D5599 (Example: A gasoline containing 3Mass%
total oxygen: Maximum allowable standard deviation of 20 tests
<=0.3*(0.32 Mass%) = 0.10 Mass%). The 20 results must be a series of
tests with a sequential record of analysis and no omissions. A
laboratory facility may exclude a given sample or test result only if
the exclusion is for a valid reason under good laboratory practices and
it maintains records regarding the sample and test results and the
reason for excluding them.
(2) The test method specified at Sec. 80.46(g)(1) and in use prior
to October 28, 2013 is exempt from the requirements of paragraph (f)(1)
of this section.
(g) Precision criteria for approval of the method defined fuel
parameter of Reid Vapor Pressure (RVP) in gasoline--(1) Precision.
Beginning January 1, 2016, for motor vehicle gasoline, gasoline
blendstock, and gasoline fuel additives subject to the gasoline
standards of this part and volatility standards at Sec. 80.27, the
maximum allowable standard deviation computed from the results of a
minimum of 20 tests made over 20 days (tests may be arranged into no
fewer than five batches of four or fewer tests each, with only one such
batch allowed per day over the minimum of 20 days) on samples using good
laboratory practices taken from a single homogeneous commercially
available gasoline must be less than or equal to 0.3 times the
reproducibility (R), where ``R'' equals the ASTM reproducibility of ASTM
D5191 (Example: A gasoline having a RVP of 6.8psi: Maximum allowable
standard deviation of 20 tests withdrawn from a 250 milliliter container
<=0.3*(0.40psi) = 0.12 psi). The 20 results must be a series of tests
with a sequential record of analysis and no omissions. A laboratory
facility may exclude a given sample or test result only if the exclusion
is for a valid reason under good laboratory practices and it maintains
records regarding the sample and test results and the reason for
excluding them.
(2) The test method specified at Sec. 80.46(c)(1) and in use prior
to October 28, 2013 is exempt from the requirements of paragraph (g)(1)
of this section.
(h) Precision criteria for approval of the method defined fuel
parameter of gasoline distillation--(1) Precision. Beginning January 1,
2016, for motor vehicle gasoline, gasoline blendstock, and gasoline fuel
additives subject to the gasoline
[[Page 64]]
standards of this part, the maximum allowable standard deviation
computed from the results of a minimum of 20 tests made over 20 days
(tests may be arranged into no fewer than five batches of four or fewer
tests each, with only one such batch allowed per day over the minimum of
20 days) on samples using good laboratory practices taken from a single
homogeneous commercially available gasoline must be less than or equal
to 0.3 times the reproducibility (R), where ``R'' equals the ASTM
reproducibility in Table 10, Groups 2, 3 and 4 (Automated) of ASTM D86-
07 for the initial boiling point, E10, E50, E90 and final boiling point.
(Example: A gasoline having an initial boiling point of 26 [deg]C and a
final boiling point of 215 [deg]C: Maximum allowable standard deviation
of 20 tests for initial boiling point <=0.3*(8.5 [deg]C) = 2.55 [deg]C,
maximum allowable standard deviation of 20 tests for E10 <=0.3*(3.0 +
2.64*Sc) [deg]C, maximum allowable standard deviation of 20 tests for
E50 <=0.3*(2.9 + 3.97*Sc) [deg]C, maximum allowable standard deviation
of 20 tests for E90 <=0.3*(2.0 + 2.53*Sc) [deg]C, and maximum allowable
standard deviation of 20 tests for final boiling point <=0.3*(10.5
[deg]C) = 3.15 [deg]C), where Sc is the average slope (or rate of
change) of the gasoline distillation curve as calculated in accordance
with section 13.2 of ASTM D86-07. The 20 results must be a series of
tests with a sequential record of analysis and no omissions. Note that
the precision criteria described in this paragraph (h)(1) differ from
what is specified in ASTM D86-12. A laboratory facility may exclude a
given sample or test result only if the exclusion is for a valid reason
under good laboratory practices and it maintains records regarding the
sample and test results and the reason for excluding them.
(2) The test method specified at Sec. 80.46(d)(1) and in use prior
to October 28, 2013 is exempt from the requirements of paragraph (h)(1)
of this section.
(i) Precision criteria for approval of the method defined fuel
parameter of benzene in gasoline--(1) Precision. Beginning January 1,
2016, for motor vehicle gasoline, gasoline blendstock, and gasoline fuel
additives subject to the gasoline standards of this part and MSAT2
standards at Sec. Sec. 80.41, 80.101, 80.1230, the maximum allowable
standard deviation computed from the results of a minimum of 20 tests
made over 20 days (tests may be arranged into no fewer than five batches
of four or fewer tests each, with only one such batch allowed per day
over the minimum of 20 days) on samples using good laboratory practices
taken from a single homogeneous commercially available gasoline must be
less than or equal to 0.15 times the reproducibility (R), where ``R''
equals the ASTM reproducibility of ASTM D3606 (Example: A gasoline
having a 1Vol% benzene: Maximum allowable standard deviation of 20 tests
<=0.15*(0.18 Vol%) = 0.027Vol%). The 20 results must be a series of
tests with a sequential record of analysis and no omissions. A
laboratory facility may exclude a given sample or test result only if
the exclusion is for a valid reason under good laboratory practices and
it maintains records regarding the sample and test results and the
reason for excluding them.
(2) The test method specified at Sec. 80.46(e)(1) and in use prior
to October 28, 2013 is exempt from the requirements of paragraph (i)(1)
of this section.
(j) Precision criteria for approval of the method defined fuel
parameter of aromatics in diesel--(1) Precision. Beginning January 1,
2016, for motor vehicle diesel fuel subject to the motor vehicle diesel
standards at Sec. 80.520, the maximum allowable standard deviation
computed from the results of a minimum of 20 tests made over 20 days
(tests may be arranged into no fewer than five batches of four or fewer
tests each, with only one such batch allowed per day over the minimum of
20 days) on samples using good laboratory practices taken from a single
homogeneous commercially available diesel fuel must be less than or
equal to 0.3 times the reproducibility (R), where ``R'' equals the ASTM
reproducibility of ASTM D1319 (Example: A diesel fuel containing 35 Vol%
aromatics: maximum allowable standard deviation of 20 tests <=0.3*(3.3
Vol%) = 0.99Vol%). The 20 results must be a series of tests with a
sequential record of analysis and no omissions. A laboratory facility
may exclude a given sample or test result
[[Page 65]]
only if the exclusion is for a valid reason under good laboratory
practices and it maintains records regarding the sample and test results
and the reason for excluding them.
(2) The test method specified at Sec. 80.2(z) and in use prior to
October 28, 2013 is exempt from the requirements of paragraph (j)(1) of
this section.
(k) Criteria for designated test method reference installations used
to qualify the accuracy of other method-defined parameter instruments.
(1) Beginning January 1, 2016, for a single laboratory test facility
qualifying a method defined alternative test method, the reference
installation of the method-defined fuel parameter for the applicable
designated test method must have precision equal to 0.3 times the
reproducibility (R) of the method-defined fuel parameter's designated
test method, where ``R'' is the reproducibility of the designated test
method.
(i) For olefins in gasoline, see paragraph (d)(1) of this section.
(ii) For aromatics in gasoline, see paragraph (e)(1) of this
section.
(iii) For oxygen and oxygenate content of gasoline, see paragraph
(f)(1) of this section.
(iv) For Reid Vapor Pressure (RVP) of gasoline, see paragraph (g)(1)
of this section.
(v) For gasoline distillation, see paragraph (h)(1) of this section.
(vi) For benzene in gasoline, see paragraph (i)(1) of this section.
(vii) For aromatics in diesel fuel, see paragraph (j)(1) of this
section.
(2) The reference installation of the method-defined fuel parameter
for the applicable designated test method must be shown to stay within
the middle 50% of the distribution of an industry or commercially
available monthly inter-laboratory crosscheck program for 3 out of 5
successive exchanges for at least a period of five months using good
laboratory practices. Specifically, compute the difference between the
instrument's average measurement of the fuel closest to the applicable
fuel standard (or to the average value for the fuel parameter in the
complex model) and the mean for that fuel obtained by all of the non-
outlier labs in the monthly inter-laboratory crosscheck program.
Standardize this difference by expressing it in standard deviation
units. These standardized inter-laboratory crosscheck differences should
be placed in a moving average with a minimum span of five months. The
instrument's moving average in standard deviation units cannot be
outside the central 50% of the distribution of all laboratories that
participated in the inter-laboratory crosscheck program.
(3) The reference installation of the method-defined fuel parameter
for the applicable designated test method must be shown to be in
statistical quality control as specified in ASTM D6299 for a minimum
period of five months using good laboratory practices. The system is
still considered to be in statistical quality control and the five month
time period will not re-start if--
(i) Regular maintenance and/or re-calibration conducted during the
five months in SQC qualification time period is considered as part of
in-control normal operation, and/or;
(ii) If an assignable cause for `out of control' is found,
mitigated, and the system is brought back in statistical quality control
during the five month time period that the reference installation is
attempting to meet the five month in-statistical-control requirement,
the five month time period does not re-start and the system is still
considered to be `in-control'.
(4) For a voluntary consensus standards body, such as ASTM, or for a
commercially available industry crosscheck program, the summary
statistics (mean and standard error = standard deviation/square root
[number of results]) from the VCSB or commercially available inter-
laboratory cross-check program (ILCP) data may be used as is without
imposing the reference installations requirements of this section,
provided that the number of non-outlying results is greater than 16 for
both the designated and alternative test methods. The determination of
ARV of check standards as specified in ASTM D6299, clause 6.2.2.1 and
Note 7 shall be followed for the inter-laboratory crosscheck program.
The use of VCSB or commercially available ILCP data as described above
is deemed suitable for an ASTM D6708 assessment of VCSB alternative test
methods.
[[Page 66]]
(l) Qualification criteria for Voluntary Consensus Standard Based
(VCSB) Method-Defined Parameter Test Methods and Non-voluntary Consensus
Standard Based (non-VCSB) Absolute Fuel Parameter of Sulfur in Gasoline
and Butane. (1)(i) Beginning January 1, 2016, the test facility or VCSB
include full test method documentation by the Voluntary Consensus
Standard Based (VCSB) organization, including a description of the
technology and/or instrumentation that makes the method functional.
(ii) For the Non-voluntary Consensus Standard Based (non-VCSB)
Absolute Fuel Parameter of Sulfur in Gasoline and Butane, the test
facility include full test method documentation, including a description
of the technology and/or instrumentation that makes the method
functional.
(2)(i) The test facility or VCSB include information reported in the
test method that demonstrates the test method meets the applicable
precision information for the method-defined fuel parameter as described
in this section.
(ii) For the Non-VCSB absolute fuel parameter of sulfur in gasoline
and butane, the test facility include information reported in the test
method that demonstrates the applicable accuracy criteria as described
in Sec. 80.47(b)(2) for gasoline and Sec. 80.47(c)(2) for butane.
(3) The test facility or VCSB include information reported in the
test method that demonstrates the test method has been evaluated using
ASTM D6708 and whether the comparison is a ``null'' result or whether a
correlation equation needs to be applied that predicts designated test
method results from the applicable method-defined alternative test
method.
(4) The test methods specified at Sec. Sec. 80.2(w) and
80.46(a)(1), (a)(2), (b)(1), (c)(1), (d)(1), (e)(1), (f)(1), and (g)(1)
and in use by a test facility prior to October 28, 2013 are exempt from
the requirements of paragraphs (l)(1) through (3) of this section.
(m) Qualification criteria for Non-Voluntary Consensus Standard
Based (non-VCSB) Method-Defined Parameter Test Methods. For a non-VCSB
method to be approved, the following information must be submitted to
the Administrator by each test facility for each method that it wishes
to have approved.
(1) Beginning January 1, 2016, full and thorough test method
documentation, including a description of the technology and/or
instrumentation that makes the method functional so a person lacking
experience with the test instrument would be able to replicate its
results.
(2) Information reported in the test method that demonstrates the
test method meets the applicable precision information using good
laboratory practices for the method-defined fuel parameter as described
in this section.
(3) Both the candidate method-defined Non-VCSB test method and its
respective designated test method must be tested on a range of consensus
named fuels or locally-named reference materials that are typical of
those analyzed by the facility in practice using good laboratory
practices and must meet the data requirements for variability as
required in ASTM D6708.
(4) The facility using the candidate method-defined non-VCSB test
method must statistically establish through application of ASTM D6708
that the candidate method measures the same aspect of samples as
applicable to its respective designated test method using good
laboratory practices.
(5) If the use of ASTM D6708 reveals that the candidate method-
defined non-VCSB test method has sample-specific biases due to matrix
effects that cannot be determined as random the method is disqualified.
If however, it is determined that the candidate method-defined non-VCSB
test method can be qualified on a narrow circumscribed range of fuels
while still meeting the data requirements for variability as required in
ASTM D6708 (see paragraph (m)(3) of this section), then the types of
fuels on which the qualification was achieved and for which the method
is to be approved must be specified in the candidate method-defined non-
VCSB test method description. If there is any restriction on the scope
of fuels for which the candidate method-defined non-VCSB test method is
to be qualified, the applicant must include a discussion of how the
facility plans to screen sample for conformity to the scope. If the
candidate method-defined
[[Page 67]]
test method is found to have minimal matrix effects, a statement to this
effect must be included by the applicant in its application.
(6) The candidate method-defined non-VCSB test method precision
qualification must be conducted in the form of ``between methods
reproducibility'' (Rcm) of the candidate method and applicable
designated test method as recommended in ASTM D6708, where the Rcm must
be equal to or less than 70 percent of the published reproducibility of
the applicable designated test method using good laboratory practices.
(7) The applicant of the candidate method-defined non-VCSB test
method must demonstrate through the use of ASTM D6708 whether a
correlation to applicable designated test method is necessary. If it is
determined through the use of this practice that the candidate method-
defined non-VCSB test method requires a correlation equation in order to
predict designated test method results, then this correlation equation
must be applied to the candidate instruments output to obtain
measurement results for regulatory purposes using good laboratory
practices.
(8) Any additional information requested by the Administrator and
necessary to render a decision as to approval of the test method.
(9) Samples used for precision and accuracy determination must be
retained for 90 days.
(10) Within 90 days of the receipt of materials required to be
submitted under paragraphs (m)(1) through (9) of this section, the
Administrator shall determine whether the test method is approved under
this section.
(11) If the Administrator denies approval of the test method, within
90 days of receipt of all materials required to be submitted in
paragraphs (m)(1) through (9) of this section, the Administrator will
notify the applicant of the reasons for not approving the method. If the
Administrator does not notify the applicant within 90 days of receipt of
the application, then the test method shall be deemed approved.
(12) The Administrator may revoke approval of a test method under
this section for cause, including, but not limited to, a determination
by the Administrator that the approved test method has proved to be
inadequate in practice.
(13) An independent third-party scientific review and written report
and verification of the information provided pursuant to paragraphs
(m)(1) through (9) of this section. The report and verification shall be
based upon a site visit and review of relevant documents and shall
separately identify each item required by paragraphs (m)(1) through (9)
of this section, describe how the independent third-party evaluated the
accuracy of the information provided, state whether the independent
third-party agrees with the information provided, and identify any
exceptions between the independent third-party's findings and the
information provided.
(i) The information required under this section must be conducted by
an independent third party who is a professional chemist and
statistician, or who is a chemical engineer, with the following
qualifications:
(A) For a refiner, importer, oxygenate producer, and oxygenate
blender, the independent third party must have at least a bachelor's
degree in chemistry and statistics, or at least a bachelor's degree in
chemical engineering, from an accredited college in the United States,
or the independent third party must be a subject matter expert with
equivalent knowledge and qualification, with professional work
experience in the petroleum or oxygenate field, especially with a
demonstrated good working knowledge of ASTM D6708 and ASTM D6299.
(B) [Reserved]
(ii) To be considered an independent third-party under this
paragraph (m)(13):
(A) The third-party shall not be employed by the refiner, importer,
oxygenate producer, or oxygenate blender, or any subsidiary or employee
of the refiner, import facility, oxygenate producing facility, or
oxygenate blender.
(B) The third party shall be free from any interest in the
refiner's, importer's, oxygenate producer's, or oxygenate blender's
business.
(C) The refiner, importer, oxygenate producer, or oxygenate blender
shall be
[[Page 68]]
free from any interest in the third-party's business.
(D) Use of a third-party that is debarred, suspended, or proposed
for debarment pursuant to the Government-wide Debarment and Suspension
regulations, 40 CFR part 32, or the Debarment, Suspension and
Ineligibility provisions of the Federal Acquisition Regulations, 48 CFR
part 9 subpart 9.4, shall be deemed in noncompliance with the
requirements of this section.
(iii) The independent third-party shall retain all records
pertaining to the verification required under this section for a period
of five years from the date of creation and shall deliver such records
to the Administrator upon request.
(iv) The independent third party must provide EPA documentation of
his or her qualifications as described in this paragraph (m) as part of
the scientific review.
(14) If the Administrator finds that an individual test facility has
provided false or inaccurate information under this section, upon notice
from the Administrator the approval shall be void ab initio.
(n) Accuracy and Precision Statistical Quality Control (SQC)
Requirements for the Absolute Fuel Parameters. Beginning January 1,
2016, a test shall not be considered a test using an approved test
method unless the following quality control procedures are performed
separately for each instrument used to make measurements:
(1)(i) Accuracy SQC. Every facility shall conduct tests on every
instrument with a commercially available gravimetric reference material,
or check standard as defined in ASTM D6299 at least three times a year
using good laboratory practices. The facility must pre-treat and assess
results from the check standard testing after at least 15 testing
occasions as described in section 8.2 of this standard practice. The
facility must construct ``MR'' and ``I'' charts with control lines as
described in section 8.4 and appropriate Annex sections of this standard
practice. In circumstances where the absolute difference between the
mean of multiple back-to-back tests of the standard reference material
and the accepted reference value of the standard reference material is
greater than 0.75 times the published reproducibility of the test
method, the cause of such difference must be investigated by the
facility. Records of the standard reference materials measurements as
well as any investigations into any exceedance of these criteria must be
kept for a period of five years.
(ii) The expanded uncertainty of the accepted reference value of
consensus named fuels shall have the following accuracy qualification
criterion: Accuracy qualification criterion = square root
[(0.75R)[supcaret]2 + (0.75R)[supcaret]2/L], where L = the number of
single results obtained from different labs used to calculate the
consensus ARV.
(2)(i) Precision SQC. Every facility shall conduct tests on every
instrument with a quality control material as defined in paragraph 3.2.8
in ASTM D6299 either once per week or once per every 20 production
tests, whichever is more frequent. The facility must construct and
maintain an ``I'' chart as described in section 8 and section A1.5.1 and
a ``MR'' chart as described in section A1.5.4. Any violations of control
limit(s) should be investigated by personnel of the facility and records
kept for a period of five years.
(ii) Validation of New QC Material. When a test facility is making a
transition from one batch of QC material to the next batch of QC
material, the facility will either construct an ``I'' chart as described
in section 8.7 and section A1.5.1 of ASTM D6299, or follow the ``Q-
Procedure'' in Annex 1.9 of ASTM D6299. In following the Q-Procedure, if
the plot of results from the ``old'' and ``new'' QC materials on its
respective chart shows no special-cause signals, then the result of the
``new'' QC material will be considered valid.
(iii) For test facilities opting to use the Q-procedure, the first
run on the new QC batch should be validated by either an overlap in-
control result of the old batch, or by a single execution of an
accompanying standard reference material. The new QC material result
would be considered validated if the single result of the standard
reference material is within the established site precision (R') of the
Accepted Reference Value of the standard reference
[[Page 69]]
material, as determined by ASTM D6792.
(iv) [Reserved]
(v) These records must be kept by the facility for a period of five
years.
(o) Accuracy and Precision Statistical Quality Control (SQC)
Requirements for the Voluntary Consensus Standard Based (VCSB) Method-
Defined Fuel Parameters. Beginning January 1, 2016, a test shall not be
considered a test using an approved test method unless the following
quality control procedures are performed separately for each instrument
used to make measurements:
(1)(i) Accuracy SQC. Every facility shall conduct tests of every
instrument with a commercially available check standard as defined in
ASTM D6299 at least three times a year using good laboratory practices.
The check standard must be an ordinary fuel with levels of the fuel
parameter of interest close to either the applicable regulatory standard
or the average level of use for the facility. For facilities using a
VCSB designated method defined test method, the Accepted Reference Value
of the check standard must be determined by the respective designated
test method for the fuel parameter following the guidelines of ASTM
D6299. Facilities using a VCSB alternative method defined test method
must use the Accepted Reference Value of the check standard as
determined in a VCSB Inter Laboratory Crosscheck Program (ILCP) or a
commercially available ILCP following the guidelines of ASTM D6299. If
the Accepted Reference Value is not provided in the ILCP, accuracy must
be assessed based upon the respective EPA-designated test method using
appropriate production samples. The facility must pre-treat and assess
results from the check standard testing after at least 15 testing
occasions as described in section 8.2 of this standard practice. The
facility must construct ``MR'' and ``I'' charts with control lines as
described in section 8.4 and appropriate Annex sections of this standard
practice. In circumstances where the absolute difference between the
mean of multiple back-to-back tests of the standard reference material
and the accepted reference value of the standard reference material is
greater than 0.75 times the published reproducibility of the test
method, the cause of such difference must be investigated by the
facility. Participation in a VCSB ILCP at least three times a year
satisfies this Accuracy SQC requirement (Examples of ILCP: ASTM
Reformulated Gasoline ILCP or ASTM motor gasoline ILCP). Records of the
standard reference materials measurements as well as any investigations
into any exceedance of these criteria must be kept for a period of five
years.
(ii) The expanded uncertainty of the accepted reference value of
consensus named fuels shall have the following accuracy qualification
criterion: Accuracy qualification criterion = square root
[(0.75R)[supcaret]2 + (0.75R)[supcaret]2/L], where L = the number of
single results obtained from different labs used to calculate the
consensus ARV.
(2)(i) Precision SQC. Every facility shall conduct tests of every
instrument with a quality control material as defined in paragraph 3.2.8
in ASTM D6299 either once per week or once per every 20 production
tests, whichever is more frequent. The facility must construct and
maintain an ``I'' chart as described in section 8 and section A1.5.1 and
a ``MR'' chart as described in section A1.5.4. Any violations of control
limit(s) should be investigated by personnel of the facility and records
kept for a period of five years.
(ii) Validation of New QC Material. When a test facility is making a
transition from one batch of QC material to the next batch of QC
material, the facility will either construct an ``I'' chart as described
in section 8.7 and section A1.5.1 of ASTM D6299, or follow the ``Q-
Procedure'' in Annex 1.9 of ASTM D6299. In following the Q-Procedure if
the plot of results from the ``old'' and ``new'' QC materials on its
respective chart shows no special-cause signals, then the result of the
``new'' QC material will be considered valid.
(iii) For test facilities opting to use the Q-procedure, the first
run on the new QC batch should be validated by either an overlap in-
control result of the old batch, or by a single execution of an
accompanying standard reference material. The new QC material result
would be considered validated if the single result of the standard
reference material is within the established site
[[Page 70]]
precision (R') of the Accepted Reference Value of the standard reference
material, as determined by ASTM D6792.
(iv) [Reserved]
(v) These records must be kept by the facility for a period of five
years.
(p) Accuracy and Precision Statistical Quality Control (SQC)
Requirements for the Non-Voluntary Consensus Standard Based (Non-VCSB)
Method-Defined Fuel Parameters. Beginning January 1, 2016, a test shall
not be considered a test using an approved test method unless the
following quality control procedures are performed separately for each
instrument used to make measurements:
(1)(i) Accuracy SQC for Non-VCSB Method-Defined test methods with
minimal matrix effects. Every facility shall conduct tests on every
instrument with a commercially available check standard as defined in
the ASTM D6299 at least three times a year using good laboratory
practices. The check standard must be an ordinary fuel with levels of
the fuel parameter of interest close to either the applicable regulatory
standard or the average level of use for the facility. Facilities using
a Non-VCSB alternative method defined test method must use the Accepted
Reference Value of the check standard as determined in either a VCSB
Inter Laboratory Crosscheck Program (ILCP) or a commercially available
ILCP following the guidelines of ASTM D6299. If the Accepted Reference
Value is not provided in the ILCP, accuracy must be assessed based upon
the respective EPA designated test method using appropriate production
samples. The facility must pre-treat and assess results from the check
standard testing after at least 15 testing occasions as described in
section 8.2 of this standard practice. The facility must construct
``MR'' and ``I'' charts with control lines as described in section 8.4
and appropriate Annex sections of this standard practice. In
circumstances where the absolute difference between the mean of multiple
back-to-back tests of the standard reference material and the accepted
reference value of the standard reference material is greater than 0.75
times the published reproducibility of the fuel parameter's respective
designated test method, the cause of such difference must be
investigated by the facility. Records of the standard reference
materials measurements as well as any investigations into any exceedance
of these criteria must be kept for a period of five years.
(ii) The expanded uncertainty of the accepted reference value of
consensus named fuels shall have the following accuracy qualification
criterion: Accuracy qualification criterion = square root
[(0.75R)[supcaret]2 + (0.75R)[supcaret]2/L], where L = the number of
single results obtained from different labs used to calculate the
consensus ARV.
(2)(i) Accuracy SQC for Non-VCSB Method-Defined test methods with
high sensitivity to matrix effects. Every facility shall conduct tests
on every instrument with a production fuel on at least a quarterly basis
using good laboratory practices. The production fuel must be
representative of the production fuels that are routinely analyzed by
the facility. The Accepted Reference Value of the production fuel must
be determined by the respective reference installation of the designated
test method for the fuel parameter following the guidelines of ASTM
D6299. The facility must pre-treat and assess results from the check
standard testing after at least 15 testing occasions as described in
section 8.2 of this standard practice. The facility must construct
``MR'' and ``I'' charts with control lines as described in section 8.4
and appropriate Annex sections of this standard practice. In
circumstances where the absolute difference between the mean of multiple
back-to-back tests of the standard reference material and the accepted
reference value of the standard reference material is greater than 0.75
times the published reproducibility of the test method must be
investigated by the facility. Documentation on the identity of the
reference installation and its control status must be maintained on the
premises of the method-defined alternative test method. Records of the
standard reference materials measurements as well as any investigations
into any exceedances of this criterion must be kept for a period of five
years.
(ii) Each facility is required to send every 20th production batch
of gasoline
[[Page 71]]
or diesel fuel to EPA's laboratory, along with the facility's
measurement result used to certify the batch using the respective
method-defined non-VCSB test method. The EPA retains the right to return
such sample on a blind basis for a required reanalysis on the respective
method-defined non-VCSB test method within 180 days upon receipt of such
sample.
(3)(i) Precision SQC. Every facility shall conduct tests on every
instrument with a quality control material as defined in paragraph 3.2.8
in ASTM D6299 either once per week or once per every 20 production
tests, whichever is more frequent. The facility must construct and
maintain an ``I'' chart as described in section 8 and section A1.5.1 and
a ``MR'' chart as described in section A1.5.4. Any violations of control
limit(s) should be investigated by personnel of the facility and records
kept for a period of five years.
(ii) Validation of New QC Material. When a test facility is making a
transition from one batch of QC material to the next batch of QC
material, the facility will either construct an ``I'' chart as described
in section 8.7 and section A1.5.1 of ASTM D6299, or follow the ``Q-
Procedure'' in Annex 1.9 of ASTM D6299. In following the Q-Procedure, if
the plot of results from the ``old'' and ``new'' QC materials on its
respective chart shows no special-cause signals, then the result of the
``new'' QC material will be considered valid.
(iii) For test facilities opting to use the Q-procedure, the first
run on the new QC batch should be validated by either an overlap in-
control result of the old batch, or by a single execution of an
accompanying standard reference material. The new QC material result
would be considered validated if the single result of the standard
reference material is within the established site precision (R') of the
Accepted Reference Value of the standard reference material, as
determined by ASTM D6792.
(iv) [Reserved]
(v) These records must be kept by the facility for a period of five
years.
(q) Record retention requirements for the test methods approved
under this subpart. Each individual test facility must retain records
related to the establishment of accuracy and precision values, all test
method documentation, and any statistical quality control testing and
analysis under this section using good laboratory practices for a period
for five years.
(r) Materials incorporated by reference. The published materials
identified in this section are incorporated by reference into this
section with the approval of the Director of the Federal Register under
5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than
that specified in this section, a document must be published in the
Federal Register and the material must be available to the public. All
approved materials are available for inspection at the Air and Radiation
Docket and Information Center (Air Docket) in the EPA Docket Center
(EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave. NW.,
Washington, DC. The EPA/DC Public Reading Room hours of operation are
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.
The telephone number of the EPA/DC Public Reading Room is (202) 566-
1744, and the telephone number for the Air Docket is (202) 566-1742.
These approved materials are also available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call (202) 741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html. In addition, these materials are available from the
sources listed below.
(1) ASTM International material. The following standards are
available from ASTM International, 100 Barr Harbor Dr., P.O. Box C700,
West Conshohocken, PA 19428-2959, (877) 909-ASTM, or http://
www.astm.org:
(i) ASTM D86-07, Standard Test Method for Distillation of Petroleum
Products at Atmospheric Pressure, approved January 15, 2007 (``ASTM
D86'').
(ii) ASTM D1319-13, Standard Test Method for Hydrocarbon Types in
Liquid Petroleum Products by Fluorescent Indicator Adsorption, approved
May 1, 2013 (``ASTM D1319'').
(iii) ASTM D3606-10, Standard Test Method for Determination of
Benzene and Toluene in Finished Motor and
[[Page 72]]
Aviation Gasoline by Gas Chromatography, approved October 1, 2010
(``ASTM D3606'').
(iv) ASTM D5191-13, Standard Test Method for Vapor Pressure of
Petroleum Products (Mini Method), approved December 1, 2013 (``ASTM
D5191'').
(v) ASTM D5599-00 (Reapproved 2010), Standard Test Method for
Determination of Oxygenates in Gasoline by Gas Chromatography and Oxygen
Selective Flame Ionization Detection, approved October 1, 2010 (``ASTM
D5599'').
(vi) ASTM D6299-13, Standard Practice for Applying Statistical
Quality Assurance and Control Charting Techniques to Evaluate Analytical
Measurement System Performance, approved October 1, 2013 (``ASTM
D6299'').
(vii) ASTM D6667-10, Standard Test Method for Determination of Total
Volatile Sulfur in Gaseous Hydrocarbons and Liquefied Petroleum Gases by
Ultraviolet Fluorescence, approved October 1, 2010 (``ASTM D6667'').
(viii) ASTM D6708-13, Standard Practice for Statistical Assessment
and Improvement of Expected Agreement Between Two Test Methods that
Purport to Measure the Same Property of a Material, approved May 1, 2013
(``ASTM D6708'').
(ix) ASTM D6792-13, Standard Practice for Quality System in
Petroleum Products and Lubricants Testing Laboratories, approved May 15,
2013 (``ASTM D6792'').
(x) ASTM D7039-13, Standard Test Method for Sulfur in Gasoline,
Diesel Fuel, Jet Fuel, Kerosine, Biodiesel, Biodiesel Blends, and
Gasoline-Ethanol Blends by Monochromatic Wavelength Dispersive X-ray
Fluorescence Spectrometry, approved September 15, 2013, (``ASTM
D7039'').
(2) [Reserved]
[79 FR 23633, Apr. 28, 2014, as amended at 80 FR 9091, Feb. 19, 2015]
Sec. 80.48 Augmentation of the complex emission model by vehicle
testing.
(a) The provisions of this section apply only if a fuel claims
emission reduction benefits from fuel parameters that are not included
in the complex emission model or complex emission model database, or if
the values of fuel parameters included in the complex emission model set
forth in Sec. 80.45 fall outside the range of values for which the
complex emission model is deemed valid.
(b) To augment the complex emission model described at Sec. 80.45,
the following requirements apply:
(1) The petitioner must obtain prior approval from the Administrator
for the design of the test program before beginning the vehicle testing
process. To obtain approval, the petitioner must at minimum provide the
following information: the fuel parameter to be evaluated for emission
effects; the number and description of vehicles to be used in the test
fleet, including model year, model name, vehicle identification number
(VIN), mileage, emission performance (exhaust THC emission level),
technology type, and manufacturer; a description of the methods used to
procure and prepare the vehicles; the properties of the fuels to be used
in the testing program (as specified at Sec. 80.49); the pollutants and
emission categories intended to be evaluated; the precautions used to
ensure that the effects of the parameter in question are independent of
the effects of other parameters already included in the model; a
description of the quality assurance procedures to be used during the
test program; the statistical analysis techniques to be used in
analyzing the test data, and the identity and location of the
organization performing the testing.
(2) Exhaust emissions shall be measured per the requirements of this
section and Sec. 80.49 through Sec. 80.62.
(3) The nonexhaust emission model (including evaporative, running
loss, and refueling VOC and toxics emissions) shall not be augmented by
vehicle testing.
(4) The Agency reserves the right to observe and monitor any testing
that is performed pursuant to the requirements of this section.
(5) The Agency reserves the right to evaluate the quality and
suitability of data submitted pursuant to the requirements of this
section and to reject, re-analyze, or otherwise evaluate such data as is
technically warranted.
(6) Upon a showing satisfactory to the Administrator, the
Administrator
[[Page 73]]
may approve a petition to waive the requirements of this section and
Sec. 80.49, Sec. 80.50(a), Sec. 80.60(d)(3), and Sec. 80.60(d)(4) in
order to better optimize the test program to the needs of the particular
fuel parameter. Any such waiver petition should provide information
justifying the requested waiver, including an acceptable rationale and
supporting data. Petitioners must obtain approval from the Administrator
prior to conducting testing for which the requirements in question are
waived. The Administrator may waive the noted requirements in whole or
in part, and may impose appropriate conditions on any such waiver.
(c) In the case of petitions to augment the complex model defined at
Sec. 80.45 with a new parameter, the effect of the parameter being
tested shall be determined separately, for each pollutant and for each
emitter class category. If the parameter is not included in the complex
model but is represented in whole or in part by one or more parameters
included in the model, the petitioner shall be required to demonstrate
the emission effects of the parameter in question independent of the
effects of the already-included parameters. The petitioner shall also
have to demonstrate the effects of the already-included parameters
independent of the effects of the parameter in question. The emission
performance of each vehicle on the fuels specified at Sec. 80.49, as
measured through vehicle testing in accordance with Sec. 80.50 through
Sec. 80.62, shall be analyzed to determine the effects of the fuel
parameter being tested on emissions according to the following
procedure:
(1) The analysis shall fit a regression model to the natural
logarithm of emissions measured from addition fuels 1, 2, and 3 only (as
specified at Sec. 80.49(a) and adjusted as per paragraph (c)(1)(iv) of
this section and Sec. 80.49(d)) that includes the following terms:
(i) A term for each vehicle that shall reflect the effect of the
vehicle on emissions independent of fuel compositions. These terms shall
be of the form Di x Vi, where Di is the
coefficient for the term and Vi is a dummy variable which
shall have the value 1.0 for the ith vehicle and the value 0 for all
other vehicles.
(ii) A linear term in the parameter being tested for each emitter
class, of the form Ai x (P1-P1 (avg)) x
Ei, where Ai is the coefficient for the term,
P1 is the level of the parameter in question, P1
(avg) is the average level of the parameter in question for all seven
test fuels specified at Sec. 80.49(a)(1), and Ei is a dummy
variable representing emitter class, as defined at Sec. 80.62. For
normal emitters, E1 = 1 and E2 = 0. For higher
emitters, E1 = 0 and E2 = 1.
(iii) For the VOC and NOX models, a squared term in the
parameter being tested for each emitter class, of the form Bi
x (P1-P1 (avg))\2\ x Ei, where
Bi is the coefficient for the term and where P1 ,
P1 (avg), and Ei are as defined in paragraph
(c)(1)(ii) of this section.
(iv) To the extent that the properties of fuels 1, 2, and 3 which
are incorporated in the complex model differ in value among the three
fuels, the complex model shall be used to adjust the observed emissions
from test vehicles on those fuels to compensate for those differences
prior to fitting the regression model.
(v) The Ai and Bi terms and coefficients
developed by the regression described in this paragraph (c) shall be
evaluated against the statistical criteria defined in paragraph (e) of
this section. If both terms satisfy these criteria, then both terms
shall be retained. If the Bi term satisfies these criteria
and the Ai term does not, then both terms shall be retained.
If the Bi term does not satisfy these criteria, then the
Bi term shall be dropped from the regression model and the
model shall be re-estimated. If, after dropping the Bi term
and re-estimating the model, the Ai term does not satisfy
these criteria, then both terms shall be dropped, all test data shall be
reported to EPA, and the augmentation request shall be denied.
(2) After completing the steps outlined in paragraph (c)(1) of this
section, the analysis shall fit a regression model to a combined data
set that includes vehicle testing results from all seven addition fuels
specified at Sec. 80.49(a), the vehicle testing results used to develop
the model specified at Sec. 80.45, and vehicle testing results used
[[Page 74]]
to support any prior augmentation requests which the Administrator deems
necessary.
(i) The analysis shall fit the regression models described in
paragraphs (c)(2) (ii) through (v) of this section to the natural
logarithm of measured emissions.
(ii) All regressions shall include a term for each vehicle that
shall reflect the effect of the vehicle on emissions independent of fuel
compositions. These terms shall be of the form Di x
Vi, where Di is the coefficient for the term and
Vi is a dummy variable which shall have the value 1.0 for the
ith vehicle and the value 0 for all other vehicles. Vehicles shall be
represented by separate terms for each test program in which they were
tested. The vehicle terms for the vehicles included in the test program
undertaken by the petitioner shall be calculated based on the results
from all seven fuels specified at Sec. 80.49(a). Note that the
Di estimates for the petitioner's test vehicles in this
regression are likely to differ from the Di estimates
discussed in paragraph (c)(1)(i) of this section since they will be
based on a different set of fuels.
(iii) All regressions shall include existing complex model terms and
their coefficients, including those augmentations that the Administrator
deems necessary. All terms and coefficients shall be expressed in
centered form. The Administrator shall make available upon request
existing complex model terms and coefficients in centered form.
(iv) All regressions shall include the linear and squared terms, and
their coefficients, estimated in the final regression model described in
paragraph (c)(1) of this section.
(v) The VOC and NOX regressions shall include those
interactive terms with other fuel parameters, of the form
Ci(1, j) x (P1 - P1 (avg)) x
(Pj - Pj (avg)) x Ei, where
Ci(1, j) is the coefficient for the term, P1 is
the level of the parameter being added to the model, P1 (avg)
is the average level of the parameter being added for all seven addition
fuels specified at Sec. 80.49(a), Pj is the level of the
other fuel parameter, Pj (avg) is the centering value for the
other fuel parameter used to develop the complex model or used in the
other parameter's augmentation study, and Ei is as defined in
paragraph (c)(1) of this section, which are found to satisfy the
statistical criteria defined in paragraph (e) of this section. Such
terms shall be added to the regression model in a stepwise manner.
(3) The model described in paragraphs (c) (1) and (2) of this
section shall be developed separately for normal-emitting and higher-
emitting vehicles. Each emitter class shall be treated as a distinct
population for the purposes of determining regression coefficients.
(4) Once the augmented models described in paragraphs (c) (1)
through (3) of this section have been developed, they shall be converted
to an uncentered form through appropriate algebraic manipulation.
(5) The augmented model described in paragraph (c)(4) of this
section shall be used to determine the effects of the parameter in
question at levels between the levels in Fuels 1 and 3, as defined at
Sec. 80.49(a)(1), for all fuels which claim emission benefits from the
parameter in question.
(d)(1) In the case of petitions to augment the complex model defined
at Sec. 80.45 by extending the range of an existing complex model
parameter, the effect of the parameter being tested shall be determined
separately, for each pollutant and for each technology group and emitter
class category, at levels between the extension level and the nearest
limit of the core of the data used to develop the unaugmented complex
model as follows:
------------------------------------------------------------------------
Data core limits
Fuel parameter -------------------
Lower Upper
------------------------------------------------------------------------
Sulfur, ppm......................................... 10 450
RVP, psi............................................ 7 10
E200, vol %......................................... 33 66
E300, vol %......................................... 72 94
Aromatics, vol %.................................... 18 46
Benzene, vol %...................................... 0.4 1.8
Olefins, vol %...................................... 1 19
Oxygen, wt %........................................
As ethanol........................................ 0 3.4
All others:....................................... 0 2.7
------------------------------------------------------------------------
(2) The emission performance of each vehicle on the fuels specified
at Sec. 80.49(b)(2), as measured through vehicle testing in accordance
with Sec. Sec. 80.50
[[Page 75]]
through 80.62, shall be analyzed to determine the effects of the fuel
parameter being tested on emissions according to the following
procedure:
(i) The analysis shall incorporate the vehicle testing data from the
extension fuels specified at Sec. 80.49(b), the vehicle testing results
used to develop the model specified at Sec. 80.45, and vehicle testing
results used to support any prior augmentation requests which the
Administrator deems necessary. A regression incorporating the following
terms shall be fitted to the natural logarithm of emissions contained in
this combined data set:
(A) A term for each vehicle that shall reflect the effect of the
vehicle on emissions independent of fuel compositions. These terms shall
be of the form Di x Vi, where Di is the
coefficient for the term and Vi is a dummy variable which
shall have the value 1.0 for the ith vehicle and the value 0 for all
other vehicles. Vehicles shall be represented by separate terms for each
test program in which they were tested. The vehicle terms for the
vehicles included in the test program undertaken by the petitioner shall
be calculated based on the results from all three fuels specified at
Sec. 80.49(b)(2).
(B) Existing complex model terms that do not include the parameter
being extended and their coefficients, including those augmentations
that the Administrator deems necessary. The centering values for these
terms shall be identical to the centering values used to develop the
complex model described at Sec. 80.45.
(C) Existing complex model terms that include the parameter being
extended. The coefficients for these terms shall be estimated by the
regression. The centering values for these terms shall be identical to
the centering values used to develop the complex model described at
Sec. 80.45.
(D) If the unaugmented VOC or NOX complex models do not
contain a squared term for the parameter being extended, such a term
should be added in a stepwise fashion after completing the model
described in paragraphs (d)(2)(i)(A) through (C) of this section. The
coefficient for this term shall be estimated by the regression. The
centering value for this term shall be identical to the centering value
used to develop the complex model described at Sec. 80.45.
(E) The terms defined in paragraphs (d)(2)(i)(C) and (D) of this
section shall be evaluated against the statistical criteria defined in
paragraph (e) of this section.
(ii) The model described in paragraph (d)(2)(i) of this section
shall be developed separately for normal-emitting and higher-emitting
vehicles, as defined at Sec. 80.62. Each emitter class shall be treated
as a distinct population for the purposes of determining regression
coefficients.
(e) Statistical criteria. (1) The petitioner shall be required to
submit evidence with the petition which demonstrates the statistical
validity of the regression described in paragraph (c) or (d) of this
section, including at minimum:
(i) Evidence demonstrating that colinearity problems are not severe,
including but not limited to variance inflation statistics of less than
10 for the second-order and interactive terms included in the regression
model.
(ii) Evidence demonstrating that the regression residuals are
normally distributed, including but not limited to the skewness and
Kurtosis statistics for the residuals.
(iii) Evidence demonstrating that overfitting and underfitting risks
have been balanced, including but not limited to the use of Mallow's
Cp criterion.
(2) The petitioner shall be required to submit evidence with the
petition which demonstrates that the appropriate terms have been
included in the regression, including at minimum:
(i) Descriptions of the analysis methods used to develop the
regressions, including any computer code used to analyze emissions data
and the results of regression runs used to develop the proposed
augmentation, including intermediate regressions produced during the
stepwise regression process.
(ii) Evidence demonstrating that the significance level used to
include terms in the model was equal to 0.90.
(f) The complex emission model shall be augmented with the results
of vehicle testing as follows:
(1) The terms and coefficients determined in paragraph (c) or (d) of
this
[[Page 76]]
section shall be used to supplement the complex emission model equation
for the corresponding pollutant and emitter category. These terms and
coefficients shall be weighted to reflect the contribution of the
emitter category to in-use emissions as shown at Sec. 80.45.
(2) If the candidate parameter is not included in the unaugmented
complex model and is not represented in whole or in part by one or more
parameters included in the model, the modification shall be accomplished
by adding the terms and coefficients to the complex model equation for
that pollutant, technology group, and emitter category.
(3) If the parameter is included in the complex model but is being
tested at levels beyond the current range of the model, the terms and
coefficients determined in paragraph (d) of this section shall be used
to supplement the complex emission model equation for the corresponding
pollutant.
(i) The terms and coefficients of the complex model described at
Sec. 80.45 shall be used to evaluate the emissions performance of fuels
with levels of the parameter being tested that are within the valid
range of the model, as defined at Sec. 80.45.
(ii) The emissions performance of fuels with levels of the parameter
that are beyond the valid range of the unaugmented model shall be given
in percentage change terms by 100 - [(100 + A) x (100 + C) / (100 + B)],
where:
(A) ``A'' shall be set equal to the percentage change in emissions
for a fuel with identical fuel property values to the fuel being
evaluated except for the parameter being extended, which shall be set
equal to the nearest limit of the data core, using the unaugmented
complex model.
(B) ``B'' shall be set equal to the percentage change in emissions
for the fuel described in paragraph (f)(3)(i) of this section according
to the augmented complex model.
(C) ``C'' shall be set equal to the percentage change in emissions
of the actual fuel being evaluated using the augmented complex model.
(g) EPA reserves the right to analyze the data generated during
vehicle testing, to use such analyses to determine the validity of other
augmentation petitions, and to use such data to update the complex model
for use in certifying all reformulated gasolines.
(h) Duration of acceptance of emission effects determined through
vehicle testing:
(1) If the Agency does not accept, modify, or reject a particular
augmentation for inclusion in an updated complex model (performed
through rulemaking), then the augmentation shall remain in effect until
the next update to the complex model takes effect.
(2) If the Agency does reject or modify a particular augmentation
for inclusion in an updated complex model, then the augmentation shall
no longer be able to be used as of the date the updated complex model is
deemed to take effect, unless the following conditions and limitations
apply:
(i) The augmentation in question may continue to be used by those
fuel suppliers which can prove, to the Administrator's satisfaction,
that the fuel supplier had already begun producing a fuel utilizing the
augmentation at the time the revised model is promulgated.
(ii) The augmentation in question may only be used to evaluate the
emissions performance of fuels in conjunction with the complex emission
model in effect as of the date of production of the fuels.
(iii) The augmentation may only be used for three years of fuel
production, or a total of five years from the date the augmentation
first took effect, whichever is shorter.
(3) The Administrator shall determine when sufficient new
information on the effects of fuel properties on vehicle emissions has
been obtained to warrant development of an updated complex model.
[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36962, July 20, 1994]
Sec. 80.49 Fuels to be used in augmenting the complex emission model
through vehicle testing.
(a) Seven fuels (hereinafter called the ``addition fuels'') shall be
tested for the purpose of augmenting the complex emission model with a
parameter not currently included in the complex emission model. The
properties of the
[[Page 77]]
addition fuels are specified in paragraphs (a)(1) and (2) of this
section. The addition fuels shall be specified with at least the same
level of detail and precision as in paragraph (a)(5)(i) of this section,
and this information must be included in the petition submitted to the
Administrator requesting augmentation of the complex emission model.
(1) The seven addition fuels to be tested when augmenting the
complex model specified at Sec. 80.45 with a new fuel parameter shall
have the properties specified as follows:
Properties of Fuels To Be Tested When Augmenting the Model With a New Fuel Parameter
----------------------------------------------------------------------------------------------------------------
Fuels
Fuel property -----------------------------------------------------------------------------------
1 2 3 4 5 6 7
----------------------------------------------------------------------------------------------------------------
Sulfur, ppm................. 150 150 150 35 35 500 500
Benzene, vol %.............. 1.0 1.0 1.0 0.5 0.5 1.3 1.3
RVP, psi.................... 7.5 7.5 7.5 6.5 6.5 8.1 8.1
E200, %..................... 50 50 50 62 62 37 37
E300, %..................... 85 85 85 92 92 79 79
Aromatics, vol %............ 27 27 27 20 20 45 45
Olefins, vol %.............. 9.0 9.0 9.0 2.0 2.0 18 18
Oxygen, wt %................ 2.1 2.1 2.1 2.7 2.7 1.5 1.5
Octane, (R + M)/2........... 87 87 87 87 87 87 87
New Parameter \1\........... C (C + B)/2 B C B C B
----------------------------------------------------------------------------------------------------------------
\1\ C = Candidate level, B = Baseline level.
(i) For the purposes of vehicle testing, the ``baseline'' level of
the parameter shall refer to the level of the parameter in Clean Air Act
baseline gasoline. The ``candidate'' level of the parameter shall refer
to the most extreme value of the parameter, relative to baseline levels,
for which the augmentation shall be valid.
(ii) If the fuel parameter for which the fuel supplier is
petitioning EPA to augment the complex emission model (hereinafter
defined as the ``candidate parameter'') is not specified for Clean Air
Act summer baseline fuel, then the baseline level for the candidate
parameter shall be set at the levels found in typical gasoline. This
level and the justification for this level shall be included in the
petitioner's submittal to EPA prior to initiating the test program, and
EPA must approve this level prior to the start of the program.
(iii) If the candidate parameter is not specified for Clean Air Act
summer baseline fuel, and is not present in typical gasoline, its
baseline level shall be zero.
(2) The addition fuels shall contain detergent control additives in
accordance with section 211(l) of the Clean Air Act Amendments of 1990
and the associated EPA requirements for such additives.
(3) The addition fuels shall be specified with at least the same
level of detail and precision as in paragraph (a)(5)(i) of this section,
and this information shall be included in the petition submitted to the
Administrator requesting augmentation of the complex emission model.
(i) Paraffin levels in Fuels 1 and 2 shall be altered from the
paraffin level in Fuel 3 to compensate for the addition or removal of
the candidate parameter, if necessary. Paraffin levels in Fuel 4 shall
be altered from the paraffin level in Fuel 5 to compensate for the
addition or removal of the candidate parameter, if necessary. Paraffin
levels in Fuel 6 shall be altered from the paraffin level in Fuel 7 to
compensate for the addition or removal of the candidate parameter, if
necessary.
(ii) Other properties of Fuels 4 and 6 shall not vary from the
levels for Fuels 5 and 7, respectively, unless such variations are the
naturally-occurring result of the changes described in paragraphs (a)(1)
and (2) of this section. Other properties of Fuels 1 and 2 shall not
vary from the levels for Fuel 3, unless such variations are the
naturally- occurring result of the changes described in paragraphs
(a)(1) and (2) of this section.
[[Page 78]]
(iii) The addition fuels shall be specified with at least the same
level of detail and precision as defined in paragraph (a)(5)(i) of this
section, and this information must be included in the petition submitted
to the Administrator requesting augmentation of the complex emission
model.
(4) The properties of the addition fuels shall be within the
blending tolerances defined in this paragraph (a)(4) relative to the
values specified in paragraphs (a)(1) and (2) of this section. Fuels
that do not meet these tolerances shall require the approval of the
Administrator to be used in vehicle testing to augment the complex
emission model:
------------------------------------------------------------------------
Fuel parameter Blending tolerance
------------------------------------------------------------------------
Sulfur content............................ 25
ppm.
Benzene content........................... 0.2
vol %.
RVP....................................... 0.2
psi.
E200 level................................ 2 %.
E300 level................................ 4 %.
Oxygenate content......................... 1.0
vol %.
Aromatics content......................... 2.7
vol %.
Olefins content........................... 2.5
vol %.
Saturates content......................... 2.0
vol %.
Octane.................................... 0.5.
Detergent control additives............... 10% of
the level required by EPA's
detergents rule.
Candidate parameter....................... To be determined as part of
the augmentation process.
------------------------------------------------------------------------
(5) The composition and properties of the addition fuels shall be
determined by averaging a series of independent tests of the properties
and compositional factors defined in paragraph (a)(5)(i) of this section
as well as any additional properties or compositional factors for which
emission benefits are claimed.
(i) The number of independent tests to be conducted shall be
sufficiently large to reduce the measurement uncertainty for each
parameter to a sufficiently small value. At a minimum the 95% confidence
limits (as calculated using a standard t-test) for each parameter must
be within the following range of the mean measured value of each
parameter:
------------------------------------------------------------------------
Fuel parameter Measurement uncertainty
------------------------------------------------------------------------
API gravity............................... 0.2[deg]API
Sulfur content............................ 10 ppm
Benzene content........................... 0.02
vol %
RVP....................................... 0.05
psi
Octane.................................... 0.2 (R
+ M/2)
E200 level................................ 2%
E300 level................................ 2%
Oxygenate content......................... 0.2
vol %
Aromatics content......................... 0.5
vol %
Olefins content........................... 0.3
vol %
Saturates content......................... 1.0
vol %
Detergent control Additives............... 2% of
the level required by EPA's
detergents rule.
------------------------------------------------------------------------
(ii) The 95% confidence limits for measurements of fuel parameters
for which emission reduction benefits are claimed and for which
tolerances are not defined in paragraph (a)(5)(i) of this section must
be within 5% of the mean measured value.
(iii) Each test must be conducted in the same laboratory in
accordance with the procedures outlined at Sec. 80.46.
(b) Three fuels (hereinafter called ``extention fuels'') shall be
tested for purpose of extending the valid range of the complex emission
model for a parameter currently included in the complex emission model.
The properties of the extension fuels are specified in paragraphs (b)(2)
through (4) of this section. The extension fuels shall be specified with
at least the same level of detail and precision as in paragraph
(a)(5)(i) of this section, and this information must be included in the
petition submitted to the Administrator requesting augmentation of the
complex emission model. Each set of three extension fuels shall be used
only to extend the range of a single complex model parameter.
(1) The ``extension level'' shall refer to the level to which the
parameter being tested is to be extended. The three fuels to be tested
when extending the range of fuel parameters already included in the
complex model or a prior augmentation to the complex model shall be
referred to as ``extension fuels.''
(2) The composition and properties of the extension fuels shall be
as described in paragraphs (b)(2) (i) and (ii) of this section.
(i) The extension fuels shall have the following levels of the
parameter being extended:
Level of Existing Complex Model Parameters Being Extended
------------------------------------------------------------------------
Extension fuel Extension Extension
Fuel property being extended No. 1 fuel No. 2 fuel No. 3
------------------------------------------------------------------------
Sulfur, ppm................... Extension level. 80 450
[[Page 79]]
Benzene, vol %................ Extension level. 0.5 1.5
RVP, psi...................... Extension level. 6.7 8.0
E200, %....................... Extension level. 38 61
E300, %....................... Extension level. 78 92
Aromatics, vol %.............. Extension level. 20 45
Olefins, vol %................ Extension level. 3.0 18
Oxygen, wt %.................. Extension level. 1.7 2.7
Octane, R + M/2............... 87.............. 87 87
------------------------------------------------------------------------
(ii) The levels of parameters other than the one being extended
shall be given by the following table for all three extension fuels:
Levels for Fuel Parameters Other Than Those Being Extended
------------------------------------------------------------------------
Extension Extension Extension
Fuel property fuel No. fuel No. fuel No.
1 2 3
------------------------------------------------------------------------
Sulfur, ppm............................ 150 150 150
Benzene, vol %......................... 1.0 1.0 1.0
RVP, psi............................... 7.5 7.5 7.5
E200, %................................ 50 50 50
E300, %................................ 85 85 85
Aromatics, vol %....................... 25 25 25
Olefins, vol %......................... 9.0 9.0 9.0
Oxygen, wt %........................... 2.0 2.0 2.0
Octane, R + M/2........................ 87 87 87
------------------------------------------------------------------------
(3) If the Complex Model for any pollutant includes one or more
interactive terms involving the parameter being extended, then two
additional extension fuels shall be required to be tested for each such
interactive term. These additional extension fuels shall have the
following properties:
(i) The parameter being tested shall be present at its extension
level.
(ii) The interacting parameter shall be present at the levels
specified in paragraph (b)(2)(i) of this section for extension Fuels 2
and 3.
(iii) All other parameters shall be present at the levels specified
in paragraph (b)(2)(ii) of this section.
(4) All extension fuels shall contain detergent control additives in
accordance with Section 211(l) of the Clean Air Act Amendments of 1990
and the associated EPA requirements for such additives.
(c) The addition fuels defined in paragraph (a) of this section and
the extension fuels defined in paragraph (b) of this section shall meet
the following requirements for blending and measurement precision:
(1) The properties of the test and extension fuels shall be within
the blending tolerances defined in this paragraph (c) relative to the
values specified in paragraphs (a) and (b) of this section. Fuels that
do not meet the following tolerances shall require the approval of the
Administrator to be used in vehicle testing to augment the complex
emission model:
------------------------------------------------------------------------
Fuel parameter Blending tolerance
------------------------------------------------------------------------
Sulfur content............................ 25
ppm.
Benzene content........................... 0.2
vol %.
RVP....................................... 0.2
psi.
E200 level................................ 2 %.
E300 level................................ 4 %.
Oxygenate content......................... 1.5
vol %.
Aromatics content......................... 2.7
vol %.
Olefins content........................... 2.5
vol %.
Saturates content......................... 2.0
vol %.
Octane.................................... 0.5.
Candidate parameter....................... To be determined as part of
the augmentation process.
------------------------------------------------------------------------
(2) The extension and addition fuels shall be specified with at
least the same level of detail and precision as defined in paragraph
(c)(2)(ii) of this section, and this information must be included in the
petition submitted to the Administrator requesting augmentation of the
complex emission model.
(i) The composition and properties of the addition and extension
fuels shall be determined by averaging a series of independent tests of
the properties and compositional factors defined in paragraph (c)(2)(ii)
of this section as well as any additional properties or compositional
factors for which emission benefits are claimed.
(ii) The number of independent tests to be conducted shall be
sufficiently large to reduce the measurement uncertainty for each
parameter to a sufficiently small value. At a minimum the 95% confidence
limits (as calculated using a standard t-test) for each parameter must
be within the following range of the mean measured value of each
parameter:
------------------------------------------------------------------------
Fuel parameter Measurement uncertainty
------------------------------------------------------------------------
API gravity............................... 0.2
[deg]API.
Sulfur content............................ 5 ppm.
Benzene content........................... 0.05
vol %.
RVP....................................... 0.08
psi.
Octane.................................... 0.1 (R
+ M/2).
E200 level................................ 2 %.
E300 level................................ 2 %.
Oxygenate content......................... 0.2
vol %.
[[Page 80]]
Aromatics content......................... 0.5
vol %.
Olefins content........................... 0.3
vol %.
Saturates content......................... 1.0
vol.%
Octane.................................... 0.2.
Candidate parameter....................... To be determined as part of
the augmentation process.
------------------------------------------------------------------------
(iii) Petitioners shall obtain approval from EPA for the 95%
confidence limits for measurements of fuel parameters for which emission
reduction benefits are claimed and for which tolerances are not defined
in paragraph (c)(2)(i) of this section.
(iv) Each test must be conducted in the same laboratory in
accordance with the procedures outlined at Sec. 80.46.
(v) The complex emission model described at Sec. 80.45 shall be
used to adjust the emission performance of the addition and extension
fuels to compensate for differences in fuel compositions that are
incorporated in the complex model, as described at Sec. 80.48.
Compensating adjustments for naturally-resulting variations in fuel
parameters shall also be made using the complex model. The adjustment
process is described in paragraph (d) of this section.
(d) The complex emission model described at Sec. 80.45 shall be
used to adjust the emission performance of addition and extension fuels
to compensate for differences in fuel parameters other than the
parameter being tested. Compensating adjustments for naturally-resulting
variations in fuel parameters shall also be made using the complex
model. These adjustments shall be calculated as follows:
(1) Determine the exhaust emissions performance of the actual
addition or extension fuels relative to the exhaust emissions
performance of Clean Air Act baseline fuel using the complex model. For
addition fuels, set the level of the parameter being tested at baseline
levels for purposes of emissions performance evaluation using the
complex model. For extension fuel 1, set the level of the parameter
being extended at the level specified in extension fuel 2. Also
determine the exhaust emissions performance of the addition fuels
specified in paragraph (a)(1) of this section with the level of the
parameter being tested set at baseline levels.
(2) Calculate adjustment factors for each addition fuel as follows:
(i) Adjustment factors shall be calculated using the formula:
[GRAPHIC] [TIFF OMITTED] TR16FE94.006
where
A = the adjustment factor
P(actual) = the performance of the actual fuel used in testing according
to the complex model
P(nominal) = the performance that would have been achieved by the test
fuel defined in paragraph (a)(1) of this section according to
the complex model (as described in paragraph (d)(1) of this
section).
(ii) Adjustment factors shall be calculated for each pollutant and
for each emitter class.
(3) Multiply the measured emissions from each vehicle by the
corresponding adjustment factor for the appropriate addition or
extension fuel, pollutant, and emitter class. Use the resulting adjusted
emissions to conduct all modeling and emission effect estimation
activities described in Sec. 80.48.
(e) All fuels included in vehicle testing programs shall have an
octane number of 87.5, as measured by the (R + M)/2 method following the
ASTM D4814 procedures, to within the measurement and blending tolerances
specified in paragraph (c) of this section.
(f) A single batch of each addition or extension fuel shall be used
throughout the duration of the testing program.
[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36962, July 20, 1994; 71
FR 74567, Dec. 15, 2005]
Sec. 80.50 General test procedure requirements for augmentation of
the emission models.
(a) The following test procedure must be followed when testing to
augment the complex emission model described at Sec. 80.45.
(1) VOC, NOX, CO, and CO2 emissions must be
measured for all fuel-vehicle combinations tested.
(2) Toxics emissions must be measured when testing the extension
fuels per the requirements of Sec. 80.49(b) or when testing addition
fuels 1, 2, or 3 per the requirements of Sec. 80.49(a).
[[Page 81]]
(3) When testing addition fuels 4, 5, 6, and 7 per the requirements
of Sec. 80.49(a), toxics emissions need not be measured. However, EPA
reserves the right to require the inclusion of such measurements in the
test program prior to approval of the test program if evidence exists
which suggests that adverse interactive effects of the parameter in
question may exist for toxics emissions.
(b) The general requirements per 40 CFR 86.130-96 shall be met.
(c) The engine starting and restarting procedures per 40 CFR 86.136-
90 shall be followed.
(d) Except as provided for at Sec. 80.59, general preparation of
vehicles being tested shall follow procedures detailed in 40 CFR 86.130-
96 and 86.131-96.
[59 FR 7813, Feb. 16, 1994, as amended at 71 FR 74567, Dec. 15, 2005]
Sec. 80.51 Vehicle test procedures.
The test sequence applicable when augmenting the emission models
through vehicle testing is as follows:
(a) Prepare vehicles per Sec. 80.50.
(b) Initial preconditioning per Sec. 80.52(a)(1). Vehicles shall be
refueled randomly with the fuels required in Sec. 80.49 when testing to
augment the complex emission model.
(c) Exhaust emissions tests, dynamometer procedure per 40 CFR
86.137-90 with:
(1) Exhaust Benzene and 1,3-Butadiene emissions measured per Sec.
80.55; and
(2) Formaldehyde and Acetelaldehyde emissions measured per Sec.
80.56.
Sec. 80.52 Vehicle preconditioning.
(a) Initial vehicle preconditioning and preconditioning between
tests with different fuels shall be performed in accordance with the
``General vehicle handling requirements'' per 40 CFR 86.132-96, up to
and including the completion of the hot start exhaust test.
(b) The preconditioning procedure prescribed at 40 CFR 86.132-96
shall be observed for preconditioning vehicles between tests using the
same fuel.
Sec. Sec. 80.53-80.54 [Reserved]
Sec. 80.55 Measurement methods for benzene and 1,3-butadiene.
(a) Sampling for benzene and 1,3-butadiene must be accomplished by
bag sampling as used for total hydrocarbons determination. This
procedure is detailed in 40 CFR 86.109.
(b) Benzene and 1,3-butadiene must be analyzed by gas
chromatography. Expected values for benzene and 1,3-butadiene in bag
samples for the baseline fuel are 4.0 ppm and 0.30 ppm respectively. At
least three standards ranging from at minimum 50% to 150% of these
expected values must be used to calibrate the detector. An additional
standard of at most 0.01 ppm must also be measured to determine the
required limit of quantification as described in paragraph (d) of this
section.
(c) The sample injection size used in the chromatograph must be
sufficient to be above the laboratory determined limit of quantification
(LOQ) as defined in paragraph (d) of this section for at least one of
the bag samples. A control chart of the measurements of the standards
used to determine the response, repeatability, and limit of quantitation
of the instrumental method for 1,3-butadiene and benzene must be
reported.
(d) As in all types of sampling and analysis procedures, good
laboratory practices must be used. See, Lawrence, Principals of
Environmental Analysis, 55 Analytical Chemistry 14, at 2210-2218 (1983)
(copies may be obtained from the publisher, American Chemical Society,
1155 16th Street NW., Washington, DC 20036). Reporting reproducibility
control charts and limits of detection measurements are integral
procedures to assess the validity of the chosen analytical method. The
repeatability of the test method must be determined by measuring a
standard periodically during testing and recording the measured values
on a control chart. The control chart shows the error between the
measured standard and the prepared standard concentration for the
periodic testing. The error between the measured standard and the actual
standard indicates the uncertainty in the analysis. The limit of
detection (LOD) is determined by repeatedly measuring a
[[Page 82]]
blank and a standard prepared at a concentration near an assumed value
of the limit of detection. If the average concentration minus the
average of the blanks is greater than three standard deviations of these
measurements, then the limit of detection is at least as low as the
prepared standard. The limit of quantitation (LOQ) is defined as ten
times the standard deviation of these measurements. This quantity
defines the amount of sample required to be measured for a valid
analysis.
(e) Other sampling and analytical techniques will be allowed if they
can be proven to have equal specificity and equal or better limits of
quantitation. Data from alternative methods that can be demonstrated to
have equivalent or superior limits of detection, precision, and accuracy
may be accepted by the Administrator with individual prior approval.
Sec. 80.56 Measurement methods for formaldehyde and acetaldehyde.
(a) Formaldehyde and acetaldehyde will be measured by drawing
exhaust samples from heated lines through either 2,4-
Dinitrophenylhydrazine (DNPH) impregnated cartridges or impingers filled
with solutions of DNPH in acetonitrile (ACN) as described in Sec. Sec.
86.109 and 86.140 of this chapter for formaldehyde analysis. Diluted
exhaust sample volumes must be at least 15 L for impingers containing 20
ml of absorbing solution (using more absorbing solution in the impinger
requires proportionally more gas sample to be taken) and at least 4 L
for cartridges. As required in Sec. 86.109 of this chapter, two
impingers or cartridges must be connected in series to detect
breakthrough of the first impinger or cartridge.
(b) In addition, sufficient sample must be drawn through the
collecting cartridges or impingers so that the measured quantity of
aldehyde is sufficiently greater than the minimum limit of quantitation
of the test method for at least a portion of the exhaust test procedure.
The limit of quantitation is determined using the technique defined in
Sec. 80.55(d).
(c) Each of the impinger samples are quantitatively transferred to a
25 mL volumetric flask (5 mL more than the sample impinger volume) and
brought to volume with ACN. The cartridge samples are eluted in reversed
direction by gravity feed with 6mL of ACN. The eluate is collected in a
graduated test tube and made up to the 5mL mark with ACN. Both the
impinger and cartridge samples must be analyzed by HPLC without
additional sample preparation.
(d) The analysis of the aldehyde derivatives collected is
accomplished with a high performance liquid chromatograph (HPLC).
Standards consisting of the hydrazone derivative of formaldehyde and
acetaldehyde are used to determine the response, repeatability, and
limit of quantitation of the HPLC method chosen for acetaldehyde and
formaldehyde.
(e) Other sampling and analytical techniques will be allowed if they
can be proven to have equal specificity and equal or better limits of
quantitation. Data from alternative methods that can be demonstrated to
have equivalent or superior limits of detection, precision, and accuracy
may be accepted by the Administrator with individual prior approval.
Sec. Sec. 80.57-80.58 [Reserved]
Sec. 80.59 General test fleet requirements for vehicle testing.
(a) The test fleet must consist of only 1989-91 MY vehicles which
are technologically equivalent to 1990 MY vehicles, or of 1986-88 MY
vehicles for which no changes to the engine or exhaust system that would
significantly affect emissions have been made through the 1990 model
year. To be technologically equivalent vehicles at minimum must have
closed-loop systems and possess adaptive learning.
(b) No maintenance or replacement of any vehicle component is
permitted except when necessary to ensure operator safety or as
specifically permitted in Sec. 80.60 and Sec. 80.61. All vehicle
maintenance procedures must be reported to the Administrator.
(c) Each vehicle in the test fleet shall have no fewer than 4,000
miles of accumulated mileage prior to being included in the test
program.
[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36962, July 20, 1994]
[[Page 83]]
Sec. 80.60 Test fleet requirements for exhaust emission testing.
(a) Candidate vehicles which conform to the emission performance
requirements defined in paragraphs (b) through (d) of this section shall
be obtained directly from the in-use fleet and tested in their as-
received condition.
(b) Candidate vehicles for the test fleet must be screened for their
exhaust VOC emissions in accordance with the provisions in Sec. 80.62.
(c) On the basis of pretesting pursuant to paragraph (b) of this
section, the test fleet shall be subdivided into two emitter group sub-
fleets: the normal emitter group and the higher emitter group.
(1) Each vehicle with an exhaust total hydrocarbon (THC) emissions
rate which is less than or equal to twice the applicable emissions
standard shall be placed in the normal emitter group.
(2) Each vehicle with an exhaust THC emissions rate which is greater
than two times the applicable emissions standard shall be placed in the
higher emitter group.
(d) The test vehicles in each emitter group must conform to the
requirements of paragraphs (d)(1) through (4) of this section.
(1) Test vehicles for the normal emitter sub-fleet must be selected
from the list shown in this paragraph (d)(1). This list is arranged in
order of descending vehicle priority, such that the order in which
vehicles are added to the normal emitter sub-fleet must conform to the
order shown (e.g., a ten-vehicle normal emitter group sub-fleet must
consist of the first ten vehicles listed in this paragraph (d)(1)). If
more vehicles are tested than the minimum number of vehicles required
for the normal emitter sub-fleet, additional vehicles are to be added to
the fleet in the order specified in this paragraph (d)(1), beginning
with the next vehicle not already included in the group. The vehicles in
the normal emitter sub-fleet must possess the characteristics indicated
in the list. If the end of the list is reached in adding vehicles to the
normal emitter sub-fleet and additional vehicles are desired then they
shall be added beginning with vehicle number one, and must be added to
the normal emitter sub-fleet in accordance with the order in table A:
Table A--Test Fleet Definitions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Tech.
Veh. No. Fuel system Catalyst Air injection EGR group Manufacturer
--------------------------------------------------------------------------------------------------------------------------------------------------------
1................................ Multi............... 3W.................. No Air.............. EGR................ 1 GM.
2................................ Multi............... 3W.................. No Air.............. No EGR............. 2 Ford.
3................................ TBI................. 3W.................. No Air.............. EGR................ 3 GM.
4................................ Multi............... 3W + OX............. Air................. EGR................ 4 Ford.
5................................ Multi............... 3W.................. No Air.............. EGR................ 1 Honda.
6................................ Multi............... 3W.................. No Air.............. No EGR............. 2 GM.
7................................ TBI................. 3W.................. No Air.............. EGR................ 3 Chrysler.
8................................ Multi............... 3W + OX............. Air................. EGR................ 4 GM.
9................................ TBI................. 3W + OX............. Air................. EGR................ 7 Chrysler.
10............................... Multi............... 3W.................. Air................. EGR................ 5 Toyota.
11............................... Multi............... 3W.................. No Air.............. EGR................ 1 Ford.
12............................... Multi............... 3W.................. No Air.............. No EGR............. 2 Chrysler.
13............................... Carb................ 3W + OX............. Air................. EGR................ 9 Toyota.
14............................... TBI................. 3W.................. No Air.............. EGR................ 3 Ford.
15............................... Multi............... 3W + OX............. Air................. EGR................ 4 GM.
16............................... Multi............... 3W.................. No Air.............. EGR................ 1 Toyota.
17............................... Multi............... 3W.................. No Air.............. No EGR............. 2 Mazda.
18............................... TBI................. 3W.................. No Air.............. EGR................ 3 GM.
19............................... Multi............... 3W + OX............. Air................. EGR................ 4 Ford.
20............................... Multi............... 3W.................. No Air.............. EGR................ 1 Nissan.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table B--Tech Group Definitions in Table A
----------------------------------------------------------------------------------------------------------------
Tech group Fuel system Catalyst Air injection EGR
----------------------------------------------------------------------------------------------------------------
1............................... Multi............. 3W................ No Air............ EGR.
2............................... Multi............. 3W................ No Air............ No EGR.
3............................... TBI............... 3W................ No Air............ EGR.
[[Page 84]]
4............................... Multi............. 3W + OX........... Air............... EGR.
5............................... Multi............. 3W................ Air............... EGR.
6............................... TBI............... 3W................ Air............... EGR.
7............................... TBI............... 3W + OX........... Air............... EGR.
8............................... TBI............... 3W................ No Air............ No EGR.
9............................... Carb.............. 3W + OX........... Air............... EGR.
----------------------------------------------------------------------------------------------------------------
Legend:
Fuel system:
Multi = Multi-point fuel injection
TBI = Throttle body fuel injection
Carb = Carburetted
Catalyst:
3W = 3-Way catalyst
3W + OX = 3-Way catalyst plus an oxidation catalyst
Air Injection:
Air = Air injection
EGR = Exhaust gas recirculation
(2) Test vehicles for the higher emitter sub-fleet shall be selected
from the in-use fleet in accordance with paragraphs (a) and (b) of this
section and with Sec. 80.59. Test vehicles for the higher emitter sub-
fleet are not required to follow the pattern established in paragraph
(d)(1) of this section.
(3) The minimum test fleet size is 20 vehicles. Half of the vehicles
tested must be included in the normal emitter sub-fleet and half of the
vehicles tested must be in the higher emitter sub-fleet. If additional
vehicles are tested beyond the minimum of twenty vehicles, the
additional vehicles shall be distributed equally between the normal and
higher emitter sub-fleets.
(4) For each emitter group sub-fleet, 70 9.5%
of the sub-fleet must be LDVs, & 30 9.5% must be
LDTs. LDTs include light-duty trucks class 1 (LDT1), and light-duty
trucks class 2 (LDT2) up to 8500 lbs GVWR.
Sec. 80.61 [Reserved]
Sec. 80.62 Vehicle test procedures to place vehicles in emitter
group sub-fleets.
One of the two following test procedures must be used to screen
candidate vehicles for their exhaust THC emissions to place them within
the emitter group sub-fleets in accordance with the requirements of
Sec. 80.60.
(a) Candidate vehicles may be tested for their exhaust THC emissions
using the Federal test procedure as detailed in 40 CFR part 86, with
gasoline conforming to requirements detailed in 40 CFR 86.113-90. The
results shall be used in accordance with the requirements in Sec. 80.60
to place the vehicles within their respective emitter groups.
(b) Alternatively, candidate vehicles may be screened for their
exhaust THC emissions with the IM240 short test procedure. \1\ The
results from the IM240 shall be converted into results comparable with
the standard exhaust FTP as detailed in this paragraph (b) to place the
vehicles within their respective emitter groups in accordance with the
requirements of Sec. 80.60.
---------------------------------------------------------------------------
\1\ EPA Technical Report EPA-AA-TSS-91-1. Copies may be obtained by
ordering publication number PB92104405 from the National Technical
Information Service, 5285 Port Royal Road, Springfield, Virginia 22161.
---------------------------------------------------------------------------
(1) A candidate vehicle with IM240 test results <0.367 grams THC per
vehicle mile shall be classified as a normal emitter.
(2) A candidate vehicle with IM240 test results =0.367
grams THC per vehicle mile shall be classified as a higher emitter.
Sec. Sec. 80.63-80.64 [Reserved]
Sec. 80.65 General requirements for refiners and importers.
(a) Date requirements begin. The requirements of this subpart D
apply to all gasoline produced, imported, transported, stored, sold, or
dispensed:
(1) At any location other than retail outlets and wholesale
purchaser-consumer facilities on or after December 1, 1994; and
(2) At any location on or after January 1, 1995.
(b) Certification of gasoline and RBOB. Gasoline or RBOB sold or
dispensed in
[[Page 85]]
a covered area must be certified under Sec. 80.40.
(c) Standards must be met on either a per-gallon or on an average
basis. (1) Any refiner or importer, for each batch of reformulated
gasoline or RBOB it produces or imports, shall meet:
(i) Those standards and requirements it designated under paragraph
(d) of this section for per-gallon compliance on a per-gallon basis; and
(ii) Those standards and requirements it designated under paragraph
(d) of this section for average compliance on an average basis over the
applicable averaging period.
(2) [Reserved]
(3)(i) For each averaging period, and separately for each parameter
that may be met either per-gallon or on average, any refiner shall
designate for each refinery, or any importer shall designate its
gasoline or RBOB as being subject to the standard applicable to that
parameter on either a per-gallon or average basis. For any specific
averaging period and parameter all batches of gasoline or RBOB shall be
designated as being subject to the per-gallon standard, or all batches
of gasoline and RBOB shall be designated as being subject to the average
standard. For any specific averaging period and parameter a refiner for
a refinery, or any importer may not designate certain batches as being
subject to the per-gallon standard and others as being subject to the
average standard.
(ii) In the event any refiner for a refinery, or any importer fails
to meet the requirements of paragraph (c)(3)(i) of this section and for
a specific averaging period and parameter designates certain batches as
being subject to the per-gallon standard and others as being subject to
the average, all batches produced or imported during the averaging
period that were designated as being subject to the average standard
shall, ab initio, be redesignated as being subject to the per-gallon
standard. This redesignation shall apply regardless of whether the
batches in question met or failed to meet the per-gallon standard for
the parameter in question.
(d) Designation of gasoline. Any refiner or importer of gasoline
shall designate the gasoline it produces or imports as follows:
(1) All gasoline produced or imported shall be properly designated
as reformulated gasoline, conventional gasoline, RBOB, or CBOB.
(2) All gasoline designated as reformulated or as RBOB shall be
further properly designated as:
(i) Either VOC-controlled or not VOC-controlled;
(ii) In the case of gasoline or RBOB designated as VOC-controlled:
(A) Either intended for use in VOC-Control Region 1 or VOC-Control
Region 2 (as defined in Sec. 80.71); or
(B) Designated as ``adjusted VOC gasoline'' (as defined in Sec.
80.40(c)(1));
(iii)-(iv) [Reserved]
(v) For each of the following parameters, either gasoline or RBOB
which meets the standard applicable to that parameter on a per-gallon
basis or on average--
(A) Toxics emissions performance;
(B) NOX emissions performance in the case of gasoline
certified using the complex model.
(C) Benzene content; and
(D) In the case of VOC-controlled gasoline or RBOB certified using
the complex model, VOC emissions performance; and
(vi) In the case of RBOB, the gasoline must be designated as RBOB
and the designation must include the type(s) and amount(s) of oxygenate
required to be blended with the RBOB.
(3) Every batch of reformulated gasoline, conventional gasoline,
RBOB, or CBOB produced or imported at each refinery or import facility
shall be assigned a number (the ``batch number''), consisting of the
EPA-assigned refiner or importer registration number, the EPA facility
registration number, the last two digits of the year in which the batch
was produced, and a unique number for the batch, beginning with the
number one for the first batch produced or imported each calendar year
and each subsequent batch during the calendar year being assigned the
next sequential number (e.g., 4321-54321-95-000001, 4321-54321-95-
000002, etc.).
(e) Determination of volume and properties. (1) Except as provided
in paragraphs (e)(3) and (4) of this section, each refiner or importer
shall, for each batch of reformulated gasoline or RBOB produced or
imported, determine
[[Page 86]]
the volume and the value of each of the properties specified in
paragraph (e)(2)(i) of this section, except that the value for RVP must
be determined only in the case of reformulated gasoline or RBOB that is
VOC-controlled. These determinations shall--
(i) Be based on a representative sample of the reformulated gasoline
or RBOB that is analyzed using the methodologies specified in Sec.
80.46 through December 31, 2015, or, beginning January 1, 2016, in
either Sec. 80.46 or Sec. 80.47;
(ii) In the case of RBOB, follow the oxygenate blending instructions
specified in Sec. 80.69(a);
(iii) Be carried out either by the refiner or importer, or by an
independent laboratory; and
(iv) Be completed prior to the gasoline or RBOB leaving the refinery
or import facility for each parameter that the gasoline or RBOB is
subject to, or that is used to calculate an emissions performance that
the gasoline or RBOB is subject to, under Sec. 80.41(a) through (f).
(2) In the event that the value of any of these properties is
determined by the refiner or importer and by an independent laboratory
in conformance with the requirements of paragraph (f) of this section--
(i) The results of the analyses conducted by the refiner or importer
for such properties shall be used as the basis for compliance
determinations unless the absolute value of the differences of the test
results from the two laboratories is larger than the following values:
------------------------------------------------------------------------
Fuel property Range
------------------------------------------------------------------------
Sulfur content........................... 25 ppm
Aromatics content........................ 2.7 vol %
Olefins content.......................... 2.5 vol %
Benzene content.......................... 0.21 vol %
Ethanol content.......................... 0.4 vol %
Methanol content......................... 0.2 vol %
MTBE (and other methyl ethers) content... 0.6 vol %
ETBE (and other ethyl ethers) content.... 0.6 vol %
TAME..................................... 0.6 vol %
t-Butanol content........................ 0.6 vol %
RVP...................................... 0.3 psi
50% distillation (T50)................... 5 [deg]F
90% distillation (T90)................... 5 [deg]F
E200..................................... 2.5 vol %
E300..................................... 3.5 vol %
API Gravity.............................. 0.3 [deg]API
------------------------------------------------------------------------
(ii) In the event the values from the two laboratories for any
property fall outside these ranges, the refiner or importer shall use as
the basis for compliance determinations:
(A) The larger of the two values for the property, except the
smaller of the two results shall be used for oxygenates; or
(B) The refiner or importer shall have the gasoline analyzed for the
property at one additional independent laboratory. If this second
independent laboratory obtains a result for the property that is within
the range, as listed in paragraph (e)(2)(i) of this section, of the
refiner's or importer's result for this property, then the refiner's or
importer's result shall be used as the basis for compliance
determinations.
(3) Beginning January 1, 2013, API Gravity is not required to be
measured or reported for the purpose of batch certification.
(4) For the purposes of meeting the requirements of this paragraph
(e) for any winter fuel parameter except benzene, oxygenate, RVP and
sulfur, any refiner or importer may, prior to analysis, combine samples
of gasoline collected from more than one batch of gasoline or blendstock
(``composite sample''), and treat such composite sample as one batch of
gasoline or blendstock provided that the refiner or importer meets all
the following requirements:
(i) Samples must be from a single reporting year, must be limited to
non-VOC gasoline, and must be of a single grade of gasoline or of a
single type of batch-produced blendstock.
(ii) Combines samples of gasoline that are produced or imported over
a period no longer than one month. Blendstock samples of a single
blendstock type obtained from continuous processes over a calendar month
may be mixed together to form one blendstock sample and the sample
subsequently analyzed for the required fuel parameters.
(iii)(A) Samples shall have been collected and stored using good
laboratory practices in order to prevent change in product composition
with regard to baseline properties and to minimize loss of volatile
fractions of the sample.
(B) Properties of the retained samples shall be adjusted for loss of
butane or pentane by comparing the RVP measured immediately after
blending
[[Page 87]]
with the RVP determined at the time that the supplemental properties are
measured.
(C) The volume of each batch or shipment sampled, to the nearest
gallon, shall have been noted and the sum of the volumes, in gallons,
calculated.
(iv) For each batch or shipment sampled, the ratio of its volume to
the total volume determined in paragraph (e)(4)(iii)(C) of this section
shall be determined to three decimal places. This shall be the
volumetric fraction of the shipment in the mixture.
(v) The total minimum volume required to perform duplicate analyses
to obtain values of all of the required fuel parameters shall be
determined.
(vi) The volumetric fraction determined in paragraph (e)(4)(iv) of
this section for each batch or shipment shall be multiplied by the value
determined in paragraph (e)(4)(v) of this section.
(vii) The resulting value determined in paragraph (e)(4)(vi) of this
section for each batch or shipment shall be the volume of each batch or
shipment's sample to be added to the mixture. This volume shall be
determined to the nearest milliliter.
(viii) The appropriate volumes of each shipment's sample shall be
thoroughly mixed and the solution analyzed per the methods required
under Sec. 80.46 or Sec. 80.47, as applicable.
(ix) Uses the total of the volumes of the batches of gasoline that
comprise the composite sample, and the results of the analyses of the
composite sample, for purposes of compliance calculations under this
paragraph (e).
(f) Independent analysis requirement. (1) Any refiner or importer of
reformulated gasoline or RBOB shall carry out a program of independent
sample collection and analyses for the reformulated gasoline it produces
or imports, which meets the requirements of one of the following two
options:
(i) Option 1. The refiner or importer shall, for each batch of
reformulated gasoline or RBOB that is produced or imported, have the
value for each property specified in paragraph (e)(2)(i) of this section
determined by an independent laboratory that collects and analyzes a
representative sample from the batch using the methodologies specified
in Sec. 80.46 through December 31, 2015, and the methodologies
specified in Sec. 80.47 beginning January 1, 2016.
(ii) Option 2. The refiner or importer shall have a periodic
independent testing program carried out for all reformulated gasoline
produced or imported, which shall consist of the following:
(A) An independent laboratory shall collect a representative sample
from each batch of reformulated gasoline that the refiner or importer
produces or imports;
(B) EPA will identify up to ten percent of the total number of
samples collected under paragraph (f)(1)(ii)(A) of this section; and
(C) The designated independent laboratory shall, for each sample
identified by EPA under paragraph (f)(1)(ii)(B) of this section,
determine the value for each property using the methodologies specified
in Sec. 80.46.
(2)(i) Any refiner or importer shall designate one independent
laboratory for each refinery or import facility at which reformulated
gasoline or RBOB is produced or imported. This independent laboratory
will collect samples and perform analyses in compliance with the
requirements of this paragraph (f) of this section.
(ii) Any refiner or importer shall identify this designated
independent laboratory to EPA under the registration requirements of
Sec. 80.76.
(iii) In order to be considered independent:
(A) The laboratory shall not be operated by any refiner or importer,
and shall not be operated by any subsidiary or employee of any refiner
or importer;
(B) The laboratory shall be free from any interest in any refiner or
importer; and
(C) The refiner or importer shall be free from any interest in the
laboratory; however
(D) Notwithstanding the restrictions in paragraphs (f)(2)(iii) (A)
through (C) of this section, a laboratory shall be considered
independent if it is owned or operated by a gasoline pipeline company,
regardless of ownership or operation of the gasoline pipeline company by
refiners or importers, provided that such pipeline company is owned and
[[Page 88]]
operated by four or more refiners or importers.
(iv) Use of a laboratory that is debarred, suspended, or proposed
for debarment pursuant to the Governmentwide Debarment and Suspension
regulations, 2 CFR part 1532, or the Debarment, Suspension and
Ineligibility provisions of the Federal Acquisition Regulations, 48 CFR
part 9, subpart 9.4, shall be deemed noncompliance with the requirements
of this paragraph (f).
(v) Any laboratory that fails to comply with the requirements of
this paragraph (f) shall be subject to debarment or suspension under
Governmentwide Debarment and Suspension regulations, 2 CFR part 1532, or
the Debarment, Suspension and Ineligibility regulations, Federal
Acquisition Regulations, 48 CFR part 9, subpart 9.4.
(3) Any refiner or importer shall, for all samples collected or
analyzed pursuant to the requirements of this paragraph (f), cause its
designated independent laboratory:
(i) At the time the designated independent laboratory collects a
representative sample from a batch of reformulated gasoline, to:
(A) Obtain the refiner's or importer's assigned batch number for the
batch being sampled;
(B) Determine the volume of the batch;
(C) Determine the identification number of the gasoline storage tank
or tanks in which the batch was stored at the time the sample was
collected;
(D) Determine the date and time the batch became finished
reformulated gasoline, and the date and time the sample was collected;
(E) Determine the grade of the batch (e.g., premium, mid-grade, or
regular); and
(F) In the case of reformulated gasoline produced through computer-
controlled in-line blending, determine the date and time the blending
process began and the date and time the blending process ended, unless
exempt under paragraph (f)(4) of this section;
(ii) To retain each sample collected pursuant to the requirements of
this paragraph (f) for a period of 30 days, except that this period
shall be extended to a period of up to 180 days upon request by EPA;
(iii) To submit to EPA periodic reports, as follows:
(A) For each compliance year beginning with the 2014 compliance
year, a single annual report for calendar year January through December
may be submitted by the following March 31.
(B) Each report shall include, for each sample of reformulated
gasoline that was analyzed pursuant to the requirements of this
paragraph (f):
(1) The results of the independent laboratory's analyses for each
property; and
(2) The information specified in paragraph (f)(3)(i) of this section
for such sample; and
(iv) To supply to EPA, upon EPA's request, any sample collected or a
portion of any such sample.
(4) Any refiner that produces reformulated gasoline using computer-
controlled in-line blending equipment is exempt from the independent
sampling and testing requirements specified in paragraphs (f)(1) through
(3) of this section and from the requirement of paragraph (e)(1) of this
section to obtain test results for each batch prior to the gasoline
leaving the refinery, provided that such refiner:
(i) Obtains from EPA an exemption from these requirements. In order
to seek such an exemption, the refiner shall submit a petition to EPA,
such petition to include:
(A) A description of the refiner's computer-controlled in-line
blending operation, including a description of:
(1) The location of the operation;
(2) The length of time the refiner has used the operation;
(3) The volumes of gasoline produced using the operation since the
refiner began the operation or during the previous three years,
whichever is shorter, by grade;
(4) The movement of the gasoline produced using the operation to the
point of fungible mixing, including any points where all or portions of
the gasoline produced is accumulated in gasoline storage tanks;
(5) The physical lay-out of the operation;
(6) The automated control system, including the method of monitoring
and controlling blend properties and proportions;
[[Page 89]]
(7) Any sampling and analysis of gasoline that is conducted as a
part of the operation, including on-line, off-line, and composite, and a
description of the methods of sampling, the methods of analysis, the
parameters analyzed and the frequency of such analyses, and any written,
printed, or computer-stored results of such analyses, including
information on the retention of such results;
(8) Any sampling and analysis of gasoline produced by the operation
that occurs downstream from the blending operation prior to fungible
mixing of the gasoline, including any such sampling and analysis by the
refiner and by any purchaser, pipeline or other carrier, or by
independent laboratories;
(9) Any quality assurance procedures that are carried out over the
operation; and
(10) Any occasion(s) during the previous three years when the
refiner adjusted any physical or chemical property of any gasoline
produced using the operation downstream from the operation, including
the nature of the adjustment and the reason the gasoline had properties
that required adjustment; and
(B) A description of the independent audit program of the refiner's
computer-controlled in-line blending operation that the refiner proposes
will satisfy the requirements of this paragraph (f)(4); and
(ii) Carries out an independent audit program of the refiner's
computer-controlled in-line blending operation, such program to include:
(A) For each batch of reformulated gasoline produced using the
operation, a review of the documents generated that is sufficient to
determine the properties and volume of the gasoline produced;
(B) Audits that occur no less frequently than annually;
(C) Reports of the results of such audits submitted to the refiner,
and to EPA by the auditor no later than February 28 of each year;
(D) Audits that are conducted by an auditor that meets the non-
debarred criteria specified in Sec. 80.125 (a) and/or (d); and
(iii) Complies with any other requirements that EPA includes as part
of the exemption.
(5) A refiner or importer may designate one alternate independent
laboratory to perform testing required for compliance if all the
following conditions are met:
(i) The alternate independent laboratory meets all provisions of
this section for designated independent laboratories.
(ii) The alternate laboratory is used only when the designated
independent laboratory per paragraph (f)(2) of this section is
unavailable and cannot perform testing required for compliance, for
example, when the primary designated laboratory is closed, the apparatus
for certain test methods are down, or independent laboratory personnel
are not available.
(iii) The alternate independent laboratory is not used to select a
preferred test result.
(g) [Reserved]
(h) Compliance audits. Any refiner and importer of any reformulated
gasoline or RBOB shall have the reformulated gasoline and RBOB it
produced or imported during each calendar year audited for compliance
with the requirements of this subpart D, in accordance with the
requirements of subpart F, at the conclusion of each calendar year.
(i) Exclusion of previously certified gasoline. Any refiner who uses
previously certified reformulated gasoline, conventional gasoline, RBOB,
or CBOB to produce reformulated gasoline or RBOB must exclude the
previously certified gasoline for purposes of demonstrating compliance
with the standards under Sec. 80.41. This exclusion must be
accomplished by the refiner as follows:
(1)(i) Determine the volume and properties of each batch of
previously certified gasoline used to produce reformulated gasoline or
RBOB using the procedures in paragraph (e)(1) of this section and Sec.
80.66, and the independent analysis requirements in paragraph (f) of
this section in the case of previously certified reformulated gasoline.
(ii) In the case of previously certified reformulated gasoline or
RBOB determine the emissions performances for toxics and NOX,
except as provided in
[[Page 90]]
Sec. 80.41(e) and (f), and VOC for VOC-controlled gasoline, and the
designations for VOC control.
(iii) In the case of previously certified conventional gasoline or
CBOB, determine the exhaust toxics and NOX emissions
performances, except as provided in Sec. 80.101(c)(3) and (4).
(2) Determine the volume and properties, and the emissions
performance for toxics and NOX, and VOC for VOC-controlled
gasoline, of any batch of reformulated gasoline or RBOB produced at the
refinery using previously certified gasoline and include each batch in
the refinery's compliance calculations without regard to the presence of
previously certified gasoline in the batch.
(3) In the case of any parameter or emissions performance standard
that the refiner has designated for the refinery to meet on a per-gallon
basis under paragraph (d)(2)(v) of this section, the per-gallon standard
that applies to any batch of reformulated gasoline or RBOB produced by
the refinery is as follows:
(i) When using any previously certified reformulated gasoline or
RBOB, the more stringent of:
(A) The per-gallon standard that applies to the refinery under Sec.
80.41; or
(B) The most stringent value for that parameter or emissions
performance for any previously certified reformulated gasoline or RBOB
used to produce the batch.
(ii) When using any previously certified conventional gasoline, the
per-gallon standard that applies to the refinery under Sec. 80.41.
(4) In the case of any parameter or emissions performance standard
that the refiner has designated for the refinery to meet on average
under paragraph (d)(2)(v) of this section, any previously certified
gasoline must be excluded from the refinery's compliance calculations as
follows:
(i) Where a refiner uses previously certified reformulated gasoline
or RBOB to produce reformulated gasoline or RBOB:
(A) The refiner must include the volume and properties of any batch
of previously certified reformulated gasoline or RBOB in the refinery's
compliance calculations for the standard under Sec. 80.67(g) as a
negative batch, by multiplying the term Vi in Sec.
80.67(g)(1)(ii) (i.e., the batch volume) times negative 1; and
(B) The negative batch under paragraph (i)(4)(i)(A) of this section
must be included in the averaging categories that correspond to the
designation regarding VOC control of the previously certified gasoline
batch when received; and
(C) The net volume of gasoline in the refinery's reformulated
gasoline compliance calculations must be positive in each of the
following categories where the standard is being met on average:
------------------------------------------------------------------------
Gasoline category that must
Standard have net positive volume
------------------------------------------------------------------------
(1) Oxygen................................ All RFG \1\.
(2) Benzene............................... All RFG and RBOB.
(3) VOC emissions performance............. (i)RFG and RBOB that is VOC-
controlled for Region 1.
(ii) RFG and RBOB that is
VOC-controlled for Region
2.
(4) Toxics emissions performance.......... All RFG and RBOB.
(5) NOX emissions performance............. (i) All RFG and RBOB.
(ii) RFG and RBOB that is
VOC-controlled.
------------------------------------------------------------------------
\1\ ``RFG'' is an abbreviation for reformulated gasoline.
(ii) Where a refiner uses previously certified conventional gasoline
or CBOB to produce reformulated gasoline or RBOB--
(A) The refiner must include the volume and properties of any batch
of previously certified conventional gasoline or CBOB as a negative
batch in the refiner's anti-dumping compliance calculations under Sec.
80.101(g) for the refinery, or where applicable, the refiner's
aggregation under Sec. 80.101(h); and
(B) The net volume of gasoline in the refiner's anti-dumping
compliance calculations for the refinery, or, where applicable, the
refiner's aggregation under Sec. 80.101(h), must be positive.
(5) The refiner must use any previously certified gasoline that the
refiner includes as a negative batch under paragraph (i)(4) of this
section in its compliance calculations for the refinery, or where
appropriate, the refiner's aggregation, as a component in gasoline
production during the annual averaging period in which the previously
certified gasoline was included
[[Page 91]]
as a negative batch in the refiner's compliance calculations.
(6)
(6)(i) Any refiner may use the procedures specified in this
paragraph (i) to combine previously certified conventional gasoline or
CBOB with reformulated gasoline or RBOB, to reclassify conventional
gasoline or CBOB into reformulated gasoline or RBOB, or to change the
designations of reformulated gasoline or RBOB with regard to VOC
control.
(ii) The procedures under this section are refinery procedures. Any
person who uses the procedures under this section is a refiner who must
meet all requirements applicable to refiners under this subpart.
(7) Nothing in this paragraph (i) prevents any party from combining
previously certified reformulated gasolines from different sources in a
manner that does not violate the prohibitions in Sec. 80.78(a).
[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36962, July 20, 1994; 59
FR 39289, Aug. 2, 1994; 59 FR 60715, Nov. 28, 1994; 62 FR 60135, Nov. 6,
1997; 66 FR 37165, July 17, 2001; 66 FR 67105, Dec. 28, 2001; 67 FR
8737, Feb. 26, 2002; 71 FR 74567, Dec. 15, 2005; 71 FR 26698, May 8,
2006; 72 FR 2427, Jan. 19, 2007; 79 FR 23640, Apr. 28, 2014]
Sec. 80.66 Calculation of reformulated gasoline properties.
(a) All volume measurements required by these regulations shall be
temperature adjusted to 60 degrees Fahrenheit.
(b) The percentage of oxygen by weight contained in a gasoline
blend, based upon its percentage oxygenate by volume and density, shall
exclude denaturants and water.
(c) The properties of reformulated gasoline consist of per-gallon
values separately and individually determined on a batch-by-batch basis
using the methodologies specified in Sec. 80.46 for each of those
physical and chemical parameters necessary to determine compliance with
the standards to which the gasoline is subject, and per-gallon values
for the VOC, NOX, and toxics emissions performance standards
to which the gasoline is subject.
(d) Per-gallon oxygen content shall be determined based upon the
weight percent oxygen of a representative sample of gasoline, using the
method set forth in Sec. 80.46(g). The total oxygen content associated
with a batch of gasoline (in percent-gallons) is calculated by
multiplying the weight percent oxygen content times the volume.
(e) Per-gallon benzene content shall be determined based upon the
volume percent benzene of a representative sample of a batch of gasoline
by the method set forth in Sec. 80.46(e). The total benzene content
associated with a batch of gasoline (in percent-gallons) is calculated
by multiplying the volume percent benzene content times the volume.
(f) Per-gallon RVP shall be determined based upon the measurement of
RVP of a representative sample of a batch of gasoline. The total RVP
value associated with a batch of gasoline (in RVP-gallons) is calculated
by multiplying the RVP times the volume.
(g)(1) Per gallon values for VOC and NOX emissions
reduction shall be calculated using the methodology specified in Sec.
80.45 that is appropriate for the gasoline.
(2) Per-gallon values for toxic emissions performance reduction
shall be established using:
(i) For gasoline subject to the simple model, the methodology under
Sec. 80.42 that is appropriate for the gasoline; and
(ii) For gasoline subject to the complex model, the methodology
specified in Sec. 80.45 that is appropriate for the gasoline.
(3) The total VOC, NOX, and toxic emissions performance
reduction values associated with a batch of gasoline (in percent
reduction-gallons) is calculated by multiplying the per-gallon percent
emissions performance reduction times the volume of the batch.
[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36963, July 20, 1994; 79
FR 23641, Apr. 28, 2014]
Sec. 80.67 Compliance on average.
The requirements of this section apply to all reformulated gasoline
and RBOB produced or imported for which compliance with one or more of
the requirements of Sec. 80.41 is determined on average (``averaged
gasoline'').
[[Page 92]]
(a) Compliance survey required in order to meet standards on
average. (1) Any refiner or importer that complies with the compliance
survey requirements of Sec. 80.68 has the option of meeting the
standards specified in Sec. 80.41 for average compliance in addition to
the option of meeting the standards specified in Sec. 80.41 for per-
gallon compliance; any refiner or importer that does not comply with the
survey requirements must meet the standards specified in Sec. 80.41 for
per-gallon compliance, and does not have the option of meeting standards
on average.
(2)(i)(A) A refiner or importer that produces or imports
reformulated gasoline that exceeds the average standard for benzene (but
not for other parameters that have average standards) may use such
gasoline to offset reformulated gasoline which does not achieve this
average standard, but only if the reformulated gasoline that does not
achieve this average standard is sold to ultimate consumers in the same
covered area as was the reformulated gasoline which exceeds the average
standard; provided that:
(B) Prior to the beginning of the averaging period when the
averaging approach described in paragraph (a)(2)(i)(A) of this section
is used, the refiner or importer obtains approval from EPA. In order to
seek such approval, the refiner or importer shall submit a petition to
EPA, such petition to include:
(1) The identification of the refiner and refinery, or importer, the
covered area, and the averaging period; and
(2) A detailed description of the procedures the refiner or importer
will use to ensure the gasoline is produced by the refiner or is
imported by the importer and is used only in the covered area in
question and is not used in any other covered area, and the record
keeping, reporting, auditing, and other quality assurance measures that
will be followed to establish the gasoline is used as intended; and
(C) The refiner or importer properly completes any requirements that
are specified by EPA as conditions for approval of the petition.
(ii) Any refiner or importer that meets the requirements of
paragraph (a)(2)(i) of this section will be deemed to have satisfied the
compliance survey requirements of Sec. 80.68 for the covered area in
question.
(b) Scope of averaging. (1) Any refiner shall meet all applicable
averaged standards separately for each of the refiner's refineries;
(2)(i) Any importer shall meet all applicable averaged standards on
the basis of all averaged reformulated gasoline and RBOB imported by the
importer; except that
(ii) Any importer to whom different standards apply for gasoline
imported at different facilities by operation of Sec. 80.41(i), shall
meet the averaged standards separately for the averaged reformulated
gasoline and RBOB imported into each group of facilities that is subject
to the same standards; and
(3) [Reserved]
(c) RVP and VOC emissions performance reduction compliance on
average. (1) The VOC-controlled reformulated gasoline and RBOB produced
at any refinery or imported by any importer during the period January 1
through September 15 of each calendar year which is designated for
average compliance for RVP or VOC emissions performance on average must
meet the standards for RVP (in the case of a refinery or importer
subject to the simple model standards) or the standards for VOC
emissions performance reduction (in the case of a refinery or importer
subject to the complex model standards) which are applicable to that
refinery or importer as follows:
(i) Gasoline and RBOB designated for VOC Control Region 1 must meet
the standards for that Region which are applicable to that refinery or
importer; and
(ii) Gasoline and RBOB designated for VOC Control Region 2 must meet
the standards for that Region which are applicable to that refinery or
importer.
(2) In the case of a refinery or importer subject to the simple
model standards, each gallon of reformulated gasoline and RBOB
designated as being VOC-controlled may not exceed the maximum standards
for RVP specified in Sec. 80.41(b) which are applicable to that refiner
or importer.
(3) In the case of a refinery or importer subject to the complex
model
[[Page 93]]
standards, each gallon of reformulated gasoline designated as being VOC-
controlled must equal or exceed the minimum standards for VOC emissions
performance specified in Sec. 80.41 which are applicable to that
refinery or importer.
(d) Toxics emissions reduction and benzene compliance on average.
(1) The averaging period for the requirements for benzene content and
toxics emission performance is January 1 through December 31 of each
year.
(2) The reformulated gasoline and RBOB produced at any refinery or
imported by any importer during the toxics emissions performance and
benzene averaging periods that is designated for average compliance for
these parameters shall on average meet the standards specified for
toxics emissions performance and benzene in Sec. 80.41 which are
applicable to that refinery or importer.
(3) Each gallon of reformulated gasoline may not exceed the maximum
standard for benzene content specified in Sec. 80.41 which is
applicable to that refinery or importer.
(e) NOX compliance on average. (1) The averaging period
for NOX emissions performance is January 1 through December
31 of each year.
(2) The requirements of this paragraph (e) apply separately to
reformulated gasoline and RBOB in the following categories:
(i) All reformulated gasoline and RBOB that is designated as VOC-
controlled; and
(ii) All reformulated gasoline and RBOB that is not designated as
VOC-controlled.
(3) The reformulated gasoline and RBOB produced at any refinery or
imported by any importer during the NOX averaging period that
is designated for average compliance for NOX shall on average
meet the standards for NOX specified in Sec. 80.41 that are
applicable to that refinery or importer.
(f) [Reserved]
(g) Compliance calculation. To determine compliance with the
averaged standards in Sec. 80.41, any refiner for each of its
refineries at which averaged reformulated gasoline or RBOB is produced,
and any importer that imports averaged reformulated gasoline or RBOB
shall, for each averaging period and for each portion of gasoline for
which standards must be separately achieved, and for each relevant
standard, calculate:
(1)(i)(A) The compliance total using the following formula:
[GRAPHIC] [TIFF OMITTED] TR17JY01.000
Where:
Vi = the volume in gallons of gasoline batch i.
std = the standard for the parameter being evaluated.
n = the number of batches of gasoline produced or imported during the
averaging period.
(B) For computation of the VOC performance standard compliance
total, Std for each VOC control region is determined by the following
formula:
[GRAPHIC] [TIFF OMITTED] TR17JY01.001
Where, for gasoline and RBOB designated for that VOC control region:
Std = the value to be used in the compliance total formula.
Stdu = the averaged VOC emissions performance reduction
standard applicable to reformulated gasoline and RBOB not
designated for compliance with the adjusted VOC gasoline
standard.
Stda = the averaged VOC emissions performance reduction
standard applicable to reformulated gasoline and RBOB
designated for compliance with the adjusted VOC gasoline
standard.
VUi = the volume of batch i not designated for compliance
with the adjusted VOC gasoline standard.
VAi = the volume of batch i designated for compliance with
the adjusted VOC gasoline standard.
nu = the number of batches produced or imported and not
designated for compliance with the adjusted VOC gasoline
standard.
na = the number of batches produced or imported and
designated for compliance with the adjusted VOC gasoline
standard.
(C) The actual total using the following formula:
[[Page 94]]
[GRAPHIC] [TIFF OMITTED] TR17JY01.002
Where:
Vi = the volume in gallons of gasoline batch i.
parmi = the parameter value of gasoline batch i.
n = the number of batches of gasoline produced or imported during the
averaging period.
(ii) [Reserved]
(2) For each standard, compare the actual total with the compliance
total.
(3) For the VOC, NOX, and toxics emissions performance
standards, the actual totals must be equal to or greater than the
compliance totals to achieve compliance.
(4) For RVP and benzene standards, the actual total must be equal to
or less than the compliance totals to achieve compliance.
(5) If the actual total for the benzene standard is greater than the
compliance total, credits for this parameter must be obtained from
another refiner or importer in order to achieve compliance:
(i) [Reserved]
(ii) The total number of benzene credits required to achieve
compliance is calculated by subtracting the compliance total from the
actual total benzene.
(6) If the actual total for the benzene standard is less than the
compliance totals, credits for this parameter are generated.
(i) [Reserved]
(ii) The total number of benzene credits which may be traded to
another refinery or importer is calculated by subtracting the actual
total from the compliance total for benzene.
(7) In 2006 only, compliance with the oxygen standards in Sec.
80.41 may be based on the volume and oxygen content of all reformulated
gasoline produced or imported during the period January 1, 2006, through
May 5, 2006 or the volume and oxygen content of all oxygenated
reformulated gasoline produced or imported during the 2006 annual
averaging period (January 1 through December 31).
(h) Credit transfers. (1) Compliance with the averaged standards
specified in Sec. 80.41 for benzene (but for no other standards or
requirements) may be achieved through the transfer of benzene credits
provided that:
(i) The credits were generated in the same averaging period as they
are used;
(ii) The credit transfer takes place no later than fifteen working
days following the end of the averaging period in which the reformulated
gasoline credits were generated;
(iii) The credits are properly created;
(iv) The credits are transferred, either through inter-company or
intra-company transfers, directly from the refiner or importer that
creates the credits to the refiner or importer that uses the credits to
achieve compliance; and
(v) Benzene credits are not used to achieve compliance with the
maximum benzene content standards in Sec. 80.41.
(2) No party may transfer any credits to the extent such a transfer
would result in the transferor having a negative credit balance at the
conclusion of the averaging period for which the credits were
transferred. Any credits transferred in violation of this paragraph are
improperly created credits.
(3) In the case of credits that were improperly created, the
following provisions apply:
(i) Improperly created credits may not be used to achieve
compliance, regardless of a credit transferee's good faith belief that
it was receiving valid credits;
(ii) No refiner or importer may create, report, or transfer
improperly created credits; and
(iii) Where any credit transferor has in its balance at the
conclusion of any averaging period both credits which were properly
created and credits which were improperly created, the properly created
credits will be applied first to any credit transfers before the
transferor may apply any credits to achieve its own compliance.
(i) Average compliance for reformulated gasoline produced or
imported before January 1, 1995. In the case of any reformulated
gasoline that is intended to be used beginning January 1, 1995, but that
is produced or imported prior to that date:
[[Page 95]]
(1) Any refiner or importer may meet standards specified in Sec.
80.41 for average compliance for such gasoline, provided the refiner or
importer has the option of meeting standards on average for 1995 under
paragraph (a) of this section, and provided the refiner or importer
elects to be subject to average standards under Sec. 80.65(c)(3); and
(2) Any average compliance gasoline under paragraph (i)(1) of this
section shall be combined with average compliance gasoline produced
during 1995 for purposes of compliance calculations under paragraph (g)
of this section.
[38 FR 1255, Jan. 10, 1973, as amended at 62 FR 60135, Nov. 6, 1997; 62
FR 68207, Dec. 31, 1997; 66 FR 37165, July 17, 2001; 71 FR 74568, Dec.
15, 2005; 71 FR 26699, May 8, 2006]
Sec. 80.68 Compliance surveys.
(a)(1) Beginning January 1, 2007, the compliance surveys for
NOX emissions performance under this section shall cease to
be required.
(2) Beginning January 1, 2011, the compliance surveys for toxics
emissions performance under this section shall cease to be required.
(b) Compliance survey option 1. In order to satisfy the compliance
survey requirements, any refiner or importer shall properly conduct a
program of compliance surveys in accordance with a survey program plan
which has been approved by the Administrator of EPA in each covered area
which is supplied with any gasoline for which compliance is achieved on
average that is produced by that refinery or imported by that importer.
Such approval shall be based upon the survey program plan meeting the
following criteria:
(1) The survey program shall consist of at least four surveys which
shall occur during the following time periods: one survey during the
period January 1 through May 31; two surveys during the period June 1
through September 15; and one survey during the period September 16
through December 31.
(2) The survey program shall meet the criteria stated in paragraph
(d) of this section.
(3) In the event that any refiner or importer fails to properly
carry out an approved survey program, the refiner or importer shall
achieve compliance with all applicable standards on a per-gallon basis
for the calendar year in which the failure occurs, and may not achieve
compliance with any standard on an average basis during this calendar
year. This requirement to achieve compliance per-gallon shall apply ab
initio to the beginning of any calendar year in which the failure
occurs, regardless of when during the year the failure occurs.
(c) Compliance survey option 2. A refiner or importer shall be
deemed to have satisfied the compliance survey requirements described in
paragraph (b) of this section if a comprehensive program of surveys is
properly conducted in accordance with a survey program plan which has
been approved by the Administrator of EPA. Such approval shall be based
upon the survey program plan meeting the following criteria:
(1) The initial schedule for the conduct of surveys shall be as
follows:
(i) 120 surveys shall be conducted in 1995;
(ii) 80 surveys shall be conducted in 1996;
(iii) 60 surveys shall be conducted in 1997;
(iv) 70 surveys shall be conducted in 1998 and thereafter.
(2) This initial survey schedule shall be adjusted as follows:
(i) In the event one or more ozone nonattainment areas in addition
to the nine specified in Sec. 80.70, opt into the reformulated gasoline
program, the number of surveys to be conducted in the year the area or
areas opt into the program and in each subsequent year shall be
increased according to the following formula:
[GRAPHIC] [TIFF OMITTED] TR16FE94.009
where:
ANSi = the adjusted number of surveys for year i; i = the
opt-in year and each subsequent year
NSi = the number of surveys according to the schedule in
paragraph (c)(1) of this section in year i; i = the opt-in
year and each subsequent year
Vopt-in = the total volume of gasoline supplied to the opt-in
covered areas in the year preceding the year of the opt-in
[[Page 96]]
Vorig = the total volume of gasoline supplied to the original
nine covered areas in the year preceding the year of the opt-
in
(ii) In the event that any covered area(s) fails a survey or survey
series according to the criteria set forth in paragraph (d) of this
section, the annual decreases in the numbers of surveys prescribed by
paragraph (c)(1) of this section, as adjusted by paragraph (c)(2)(i) of
this section, shall be adjusted as follows in the year following the
year of the failure. Any such adjustment to the number of surveys shall
remain in effect so long as any standard for the affected covered area
has been adjusted to be more stringent as a result of a failed survey or
survey series. The adjustments shall be calculated according to the
following formula:
[GRAPHIC] [TIFF OMITTED] TR16FE94.010
where:
ANSi = the adjusted number of surveys in year i; i = the year
after the failure and each subsequent year
Vfailed = the total volume of gasoline supplied to the
covered area which failed the survey or survey series in the
year of the failure
Vtotal = the total volume of gasoline supplied to all covered
areas in the year of the failure
NSi = the number of surveys in year i according to the
schedule in paragraph (c)(1) of this section and as adjusted
by paragraph (c)(2)(i) of this section; i = the year after the
failure and each subsequent year
(3) The survey program shall meet the criteria stated in paragraph
(d) of this section.
(4) On each occasion the comprehensive survey program does not occur
as specified in the approved plan with regard to any covered area:
(i) Each refiner or importer who supplied any reformulated gasoline
or RBOB to the covered area and who has not satisfied the survey
requirements described in paragraph (b) of this section shall be deemed
to have failed to carry out an approved survey program; and
(ii) The covered area will be deemed to have failed surveys for VOC
and NOX emissions performance, and survey series for benzene
and toxic and NOX emissions performance.
(d) General survey requirements. (1) During the period January 1,
1995 through December 31, 1997:
(i) Any sample taken from a retail gasoline storage tank for which
the three most recent deliveries were of gasoline designated as meeting:
(A) Simple model standards shall be considered a ``simple model
sample''; or
(B) Complex model standards shall be considered a ``complex model
sample.''
(ii) A survey shall consist of the combination of a simple model
portion and a complex model portion, as follows:
(A) The simple model portion of a survey shall consist of all simple
model samples that are collected pursuant to the applicable survey
design in a single covered area during any consecutive seven-day period
and that are not excluded under paragraph (d)(6) of this section.
(B) The complex model portion of a survey shall consist of all
complex model samples that are collected pursuant to the applicable
survey design in a single covered area during any consecutive seven-day
period and that are not excluded under paragraph (d)(6) of this section.
(iii)(A) The simple model portion of each survey shall be
representative of all gasoline certified using the simple model which is
being dispensed in the covered area.
(B) The complex model portion of each survey shall be representative
of all gasoline certified using the complex model which is being
dispensed in the covered area.
(2) Beginning on January 1, 1998:
(i) A survey shall consist of all samples that are collected
pursuant to the
[[Page 97]]
applicable survey design in a single covered area during any consecutive
seven-day period and that are not excluded under paragraph (d)(6) of
this section.
(ii) A survey shall be representative of all gasoline which is being
dispensed in the covered area.
(3)(i) A VOC survey and a NOX survey shall consist of any
survey conducted during the period June 1 through September 15;
(ii) A sample of gasoline taken at a retail outlet or wholesale
purchaser-consumer facility that has within the past 30 days commingled
ethanol blended reformulated gasoline with non-ethanol blended
reformulated gasoline in accordance with the provisions in Sec.
80.78(a)(8) shall not be used in a VOC survey required under this
section.
(4)(i) A toxics and benzene survey series shall consist of all
surveys conducted in a single covered area during a single calendar
year.
(ii) A NOX survey series shall consist of all surveys
conducted in a single covered area during the periods January 1 through
May 31, and September 16 through December 31 during a single calendar
year.
(5)(i) Each simple model sample included in a survey shall be
analyzed for oxygenate type and content, benzene content, aromatic
hydrocarbon content, and RVP in accordance with the methodologies
specified in Sec. 80.46; and
(ii) Each complex model sample included in a survey shall be
analyzed for oxygenate type and content, olefins, benzene, sulfur, and
aromatic hydrocarbons, E-200, E-300, and RVP in accordance with the
methodologies specified in Sec. 80.46.
(6)(i) The results of each survey shall be based upon the results of
the analysis of each sample collected during the course of the survey,
unless the sample violates the applicable per-gallon maximum or minimum
standards for the parameter being evaluated plus any enforcement
tolerance that applies to the parameter (e.g., a sample that violates
the benzene per-gallon maximum plus any benzene enforcement tolerance
but meets other per-gallon maximum and minimum standards would be
excluded from the benzene survey, but would be included in the surveys
for parameters other than benzene).
(ii) Any sample from a survey that violates any standard under Sec.
80.41, or that constitutes evidence of the violation of any prohibition
or requirement under this subpart D, may be used by the Administrator in
an enforcement action for such violation.
(7) Each laboratory at which samples in a survey are analyzed shall
participate in a correlation program with EPA to ensure the validity of
analysis results.
(8)(i) The results of each simple model VOC survey shall be
determined as follows:
(A) For each simple model sample from the survey, the VOC emissions
reduction percentage shall be determined based upon the tested values
for RVP and oxygen for that sample as applied to the VOC emissions
reduction equation at Sec. 80.42(a)(1) for VOC-Control Region 1 and
Sec. 80.42(a)(2) for VOC-Control Region 2;
(B) The VOC emissions reduction survey standard applicable to each
covered area shall be calculated by using the VOC emissions equation at
Sec. 80.42(a)(1) with RVP = 7.2 and OXCON = 2.0 for covered areas
located in VOC-Control Region 1 and using the VOC emissions equation at
Sec. 80.42(a)(2) with RVP = 8.1 and OXCON = 2.0 for covered areas
located in VOC-Control Region 2; and
(C) The covered area shall have failed the simple model VOC survey
if the VOC emissions reduction average of all survey samples is less
than VOC emissions reduction survey standard calculated under paragraph
(d)(8)(i)(B) of this section.
(ii) The results of each complex model VOC emissions reduction
survey shall be determined as follows:
(A) For each complex model sample from the survey series, the VOC
emissions reduction percentage shall be determined based upon the tested
parameter values for that sample and the appropriate methodology for
calculating VOC emissions reduction at Sec. 80.45;
(B) The covered area shall have failed the complex model VOC survey
if the VOC emissions reduction percentage average of all survey samples
is less
[[Page 98]]
than the applicable per-gallon standard for VOC emissions reduction;
(C) For adjusted VOC gasoline sold in the covered areas described at
Sec. 80.70(f) and (i), the covered area shall have failed the complex
model VOC survey if the VOC emissions reduction percentage average of
all survey samples is less than the weighted average of the applicable
per-gallon standards for VOC emissions reduction calculated according to
the following formula:
[GRAPHIC] [TIFF OMITTED] TR17JY01.003
Where:
WSTD = Weighted average of the applicable per-gallon VOC standards.
VOCU = Per gallon VOC standard applicable in the covered area to RFG
containing less than 10 percent ethanol by volume.
VOCA = Per gallon VOC standard applicable in the covered area to RFG
containing 10 percent ethanol by volume.
nu = Number of samples in the VOC survey with oxygen content
less than 3.5 percent by weight.
na = Number of samples in the VOC survey with oxygen content
equal to or greater than 3.5 percent by weight.
n = Total number of samples in the VOC survey.
(9)(i) The results of each simple model toxics emissions reduction
survey series conducted in any covered area shall be determined as
follows:
(A) For each simple model sample from the survey series, the toxics
emissions reduction percentage shall be determined based upon the tested
parameter values for that sample and the appropriate methodology for
calculating toxics emissions performance reduction at Sec. 80.42.
(B) The annual average of the toxics emissions reduction percentages
for all samples from a survey series shall be calculated according to
the following formula \2\:
---------------------------------------------------------------------------
\2\ The formula requires, first, that the toxic reductions of
samples taken in each one-week survey be averaged to obtain an average
for each such survey. Then these survey averages are, themselves,
averaged separately for high-ozone and non-high-ozone season surveys, to
obtain two overall averages. These overall averages are each to be
multiplied by a seasonal weight (0.468 for high-ozone season and 0.532
for non-high ozone season) and the resulting products added together to
obtain the average annual toxic emission reduction.
[GRAPHIC] [TIFF OMITTED] TR15DE05.010
Where:
AATER = the annual average toxics emissions reduction
TER1,j = the toxics emissions reduction for sample j of
gasoline collected during the high ozone season
TER2,j = the toxics emissions reduction for sample j of
gasoline collected outside the high ozone season
n1 = the number of gasoline samples collected during a one-
week survey conducted within the high ozone season
s1 = the number of one-week surveys conducted within the high
ozone season
n2 = the number of gasoline samples collected during a one-
week survey conducted outside the high ozone season
s2 = the number of one-week surveys conducted outside of the
high ozone season
[[Page 99]]
(C) The covered area shall have failed the simple model toxics
survey series if the annual average toxics emissions reduction is less
than the simple model per-gallon standard for toxics emissions
reduction.
(ii) The results of each complex model toxics emissions reduction
survey series conducted in any covered area shall be determined as
follows:
(A) For each complex model sample from the survey series, the toxics
emissions reduction percentage shall be determined based upon the tested
parameter values for that sample and the appropriate methodology for
calculating toxics emissions reduction at Sec. 80.45;
(B) The annual average of the toxics emissions reduction percentages
for a survey series shall be calculated according to the formula
specified in paragraph (d)(9)(i)(B) of this section; and
(C) The covered area shall have failed the complex model toxics
survey series if the annual average toxics emissions reduction is less
than the applicable per-gallon complex model standard for toxics
emissions reduction.
(10) The results of each NOX emissions reduction survey
and survey series shall be determined as follows:
(i) For each sample from the survey and survey series, the
NOX emissions reduction percentage shall be determined based
upon the tested parameter values for that sample and the appropriate
methodology for calculating NOX emissions reduction at Sec.
80.45; and
(ii) The average NOX emission reduction percentage for
each single week-long NOX survey shall be calculated as the
average of all NOX emission reduction percentages from the
survey.
(iii) The covered area shall have failed a NOX survey if
the average NOX emissions reduction percentage for all survey
samples is less than the applicable Phase I or Phase II complex model
per-gallon standard for NOX emissions reduction.
(iv) The average NOX emission reduction percentage for a
NOX survey series shall be calculated according to the
following formula:
[GRAPHIC] [TIFF OMITTED] TR15DE05.011
Where:
ANER = the average NOX emission reduction percentage for a
NOX survey series,
n = the number of gasoline samples taken in the course of a week-long
NOX survey,
NERj = the NOX emissions reduction percentage for
gasoline sample j determined according to the appropriate
methodology at Sec. 80.45, and
S = the number of week-long NOX surveys conducted during the
NOX survey series period
(v) The covered area shall have failed a NOX survey
series if the average NOX emissions reduction percentage for
the series, as computed in paragraph (d)(10)(iv) of this section, is
less than the applicable Phase I or Phase II complex model per gallon
standard for NOX emissions reduction.
(11)(i) The results of each benzene content survey series conducted
in any covered area shall be determined according to the following
formula:
[GRAPHIC] [TIFF OMITTED] TR15DE05.012
Where:
AABC = the annual average benzene content for a benzene content survey
series,
n = the number of gasoline samples taken in the course of a week-long
benzene content survey,
BCj = the benzene content for gasoline sample j taken in the
course of a week-long benzene content survey, and
S = the number of week-long benzene content surveys conducted during the
year.
(ii) If the annual average benzene content computed in paragraph
(d)(11)(i) of this section is greater than 1.000 percent by volume, the
covered area shall have failed a benzene content survey series.
(12) [Reserved]
[[Page 100]]
(13) Each survey program shall:
(i) Be planned and conducted by a person who is independent of the
refiner or importer (the surveyor). In order to be considered
independent:
(A) The surveyor shall not be an employee of any refiner or
importer;
(B) The surveyor shall be free from any obligation to or interest in
any refiner or importer; and
(C) The refiner or importer shall be free from any obligation to or
interest in the surveyor; and
(ii) Include procedures for selecting sample collection locations,
numbers of samples, and gasoline compositions which will result in:
(A) Simple model surveys representing all gasoline certified using
the simple model being dispensed at retail outlets within the covered
area during the period of the survey; and
(B) Complex model surveys representing all gasoline certified using
the complex model being dispensed at retail outlets within the covered
area during the period of the survey; and
(iii) Include procedures such that the number of samples included in
each survey or survey series (whichever is applicable) assures that:
(A) In the case of simple model surveys or survey series, the
average levels of oxygen, benzene, RVP, and aromatic hydrocarbons are
determined with a 95% confidence level, with error of less than 0.1 psi
for RVP, 0.05% for benzene (by volume), and 0.1% for oxygen (by weight);
and
(B) In the case of complex model surveys or survey series, the
average levels of oxygen, benzene, RVP, aromatic hydrocarbons, olefins,
T-50, T-90 and sulfur are determined with a 95% confidence level, with
error of less than 0.1 psi for RVP, 0.05% for benzene (by volume), 0.1%
for oxygen (by weight), 0.5% for olefins (by volume), 5 [deg]F. for T-50
and T-90, and 10 ppm for sulfur; or an equivalent level of precision for
the complex model-determined emissions parameters; and
(iv) Require that the surveyor shall:
(A) Not inform anyone, in advance, of the date or location for the
conduct of any survey;
(B) Upon request by EPA made within thirty days following the
submission of the report of a survey, provide a duplicate of any
gasoline sample taken during that survey to EPA at a location to be
specified by EPA each sample to be identified by the name and address of
the facility where collected, the date of collection, and the
classification of the sample as simple model or complex model; and
(C) At any time permit any representative of EPA to monitor the
conduct of the survey, including sample collection, transportation,
storage, and analysis; and
(v) Require the surveyor to submit to EPA a report of each survey,
within thirty days following completion of the survey, such report to
include the following information:
(A) The identification of the person who conducted the survey;
(B) An attestation by an officer of the surveyor company that the
survey was conducted in accordance with the survey plan and that the
survey results are accurate;
(C) If the survey was conducted for one refiner or importer, the
identification of that party;
(D) The identification of the covered area surveyed;
(E) The dates on which the survey was conducted;
(F) The address of each facility at which a gasoline sample was
collected, the date of collection, and the classification of the sample
as simple model or complex model;
(G) The results of the analyses of simple model samples for
oxygenate type and oxygen weight percent, benzene content, aromatic
hydrocarbon content, and RVP, the calculated toxics emission reduction
percentage, and for each survey conducted during the period June 1
through September 15 the VOC emissions reduction percentage calculated
using the methodology specified in paragraph (d)(8)(i) of this section;
(H) The results of the analyses of complex model samples for
oxygenate type and oxygen weight percent, benzene, aromatic hydrocarbon,
and olefin content, E-200, E-300, and RVP, the calculated NOX
and toxics emissions reduction percentage, and for each survey conducted
during the period June 1 through September 15, the calculated VOC
emissions reduction percentage;
[[Page 101]]
(I) The name and address of each laboratory where gasoline samples
were analyzed;
(J) A description of the methodology utilized to select the
locations for sample collection and the numbers of samples collected;
(K) For any samples which were excluded from the survey, a
justification for such exclusion; and
(L) The average toxics emissions reduction percentage for simple
model samples and the percentage for complex model samples, the average
benzene percentage, and for each survey conducted during the period June
1 through September 15, the average VOC emissions reduction percentage
for simple model samples and the percentage for complex model samples,
and the average NOX emissions reduction percentage for all
complex model samples;
(14) Each survey shall be conducted at a time and in a covered area
selected by EPA no earlier than two weeks before the date of the survey.
(15) The procedure for seeking EPA approval for a survey program
plan shall be as follows:
(i) The survey program plan shall be submitted to the Administrator
of EPA for EPA's approval no later than September 1 of the year
preceding the year in which the surveys will be conducted; and
(ii) Such submittal shall be signed by a responsible corporate
officer of the refiner, importer, or oxygenate blender, or in the case
of a comprehensive survey program plan, by an officer of the
organization coordinating the survey program.
(16)(i) No later than December 1 of the year preceding the year in
which the surveys will be conducted, the contract with the surveyor to
carry out the entire survey plan shall be in effect, and an amount of
money necessary to carry out the entire survey plan shall be paid to the
surveyor or placed into an escrow account with instructions to the
escrow agent to pay the money over to the surveyor during the course of
the conduct of the survey plan.
(ii) No later than December 15 of the year preceding the year in
which the surveys will be conducted, the Administrator of EPA shall be
given a copy of the contract with the surveyor, proof that the money
necessary to carry out the plan has either been paid to the surveyor or
placed into an escrow account, and if placed into an escrow account, a
copy of the escrow agreement.
[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36963, July 20, 1994; 62
FR 12576, Mar. 17, 1997; 62 FR 68207, Dec. 31, 1997; 66 FR 37165, July
17, 2001; 71 FR 74568, Dec. 15, 2005; 71 FR 26699, May 8, 2006; 72 FR
8543, Feb. 26, 2007]
Sec. 80.69 Requirements for downstream oxygenate blending.
The requirements of this section apply to all reformulated gasoline
blendstock for oxygenate blending, or RBOB, to which oxygenate is added
at any oxygenate blending facility, except that paragraph (a)(7) of this
section does not apply to adjusted VOC gasoline as defined in Sec.
80.40(c).
(a) Requirements for refiners and importers. For any RBOB produced
or imported, the refiner or importer of the RBOB shall:
(1) Produce or import the RBOB such that, when blended with a
specified type and percentage of oxygenate, it meets the applicable
standards for reformulated gasoline;
(2) In order to determine the properties of RBOB for purposes of
calculating compliance with per-gallon or averaged standards, conduct
tests on each batch of the RBOB by:
(i) Adding the specified type and amount of oxygenate to a
representative sample of the RBOB; and
(ii) Determining the properties and characteristics of the resulting
gasoline using the methodology specified in Sec. 80.65(e);
(3) Carry out the independent analysis requirements specified in
Sec. 80.65(f);
(4) [Reserved]
(5) Transfer ownership of the RBOB only to an oxygenate blender who
is registered with EPA as such, or to an intermediate owner with the
restriction that it only be transferred to a registered oxygenate
blender;
(6) Have a contract with each oxygenate blender who receives any
RBOB produced or imported by the refiner or importer that requires the
oxygenate blender, or, in the case of a contract
[[Page 102]]
with an intermediate owner, that requires the intermediate owner to
require the oxygenate blender to:
(i) Comply with blender procedures that are specified by the
contract and are calculated to assure blending with the proper type and
amount of oxygenate;
(ii) Allow the refiner or importer to conduct the quality assurance
sampling and testing required under this paragraph (a); and
(iii) Stop selling any gasoline found not to comply with the
standards under which the RBOB was produced or imported.
(7) Conduct a quality assurance sampling and testing program to be
carried out at the facilities of each oxygenate blender who blends any
RBOB produced or imported by the refiner or importer with any oxygenate,
to determine whether the reformulated gasoline which has been produced
through blending complies with the applicable standards, using the
methodology specified in Sec. 80.46 for this determination.
(i) The sampling and testing program shall be conducted as follows:
(A) All samples shall be collected subsequent to the addition of
oxygenate, and either:
(1) Prior combining the resulting gasoline with any other gasoline;
or
(2) In the case of truck splash blending, subsequent to the delivery
of the gasoline to a retail outlet or wholesale purchaser-consumer
facility provided that the three most recent deliveries to the retail
outlet or wholesale purchaser facility were of gasoline produced using
that refiner's or importer's RBOB, and provided that any discrepancy
found through the retail outlet or wholesale purchaser facility sampling
is followed-up with measures reasonably designed to discover the cause
of the discrepancy; and
(B) Sampling and testing shall be at one of the following rates:
(1) In the case of RBOB which is blended with oxygenate in a
gasoline storage tank, a rate of not less than one sample for every
400,000 barrels of RBOB produced or imported by that refiner or importer
that is blended by that blender, or one sample every month, whichever is
more frequent; or
(2) In the case of RBOB which is blended with oxygenate in gasoline
delivery trucks through the use of computer-controlled in-line blending
equipment, a rate of not less than one sample for every 200,000 barrels
of RBOB produced or imported by that refiner or importer that is blended
by that blender, or one sample every three months, whichever is more
frequent; or
(3) In the case of RBOB which is blended with oxygenate in gasoline
delivery trucks without the use of computer-controlled in-line blending
equipment, a rate of not less than one sample for each 50,000 barrels of
RBOB produced or imported by that refiner or importer which is blended,
or one sample per month, whichever is more frequent;
(ii) In the event the test results for any sample indicate the
gasoline does not comply with applicable standards (within the
correlation ranges specified in Sec. 80.65(e)(2)(i)), the refiner or
importer shall:
(A) Immediately take steps to stop the sale of the gasoline that was
sampled;
(B) Take steps which are reasonably calculated to determine the
cause of the noncompliance and to prevent future instances of
noncompliance;
(C) Increase the rate of sampling and testing to one of the
following rates:
(1) In the case of RBOB which is blended with oxygenate in a
gasoline storage tank, a rate of not less than one sample for every
200,000 barrels of RBOB produced or imported by that refiner or importer
that is blended by that blender, or one sample every two weeks,
whichever is more frequent; or
(2) In the case of RBOB which is blended with oxygenate in gasoline
delivery trucks through the use of computer-controlled in-line blending
equipment, a rate of not less than one sample for every 100,000 barrels
of RBOB produced or imported by that refiner or importer that is blended
by that blender, or one sample every two months, whichever is more
frequent; or
[[Page 103]]
(3) In the case of RBOB which is blended with oxygenate in gasoline
delivery trucks without the use of computer-controlled in-line blending
equipment, a rate of not less than one sample for each 25,000 barrels of
RBOB produced or imported by that refiner or importer which is blended,
or one sample every two weeks, whichever is more frequent;
(D) Continue the increased frequency of sampling and testing until
the results of ten consecutive samples and tests indicate the gasoline
complies with applicable standards, at which time the sampling and
testing may be conducted at the original frequency;
(iii) This quality assurance program is in addition to any quality
assurance requirements carried out by other parties;
(8)-(9) [Reserved]
(10) Specify in the product transfer documentation for the RBOB each
oxygenate type or types and amount or range of amounts which, if blended
with the RBOB will result in reformulated gasoline which:
(i) Has VOC, toxics, or NOX emissions reduction
percentages which are no lower than the percentages that formed the
basis for the refiner's or importer's compliance determination for these
parameters;
(ii) Has a benzene content and RVP level which are no higher than
the values for these characteristics that formed the basis for the
refiner's or importer's compliance determinations for these parameters;
and
(iii) Will not cause the reformulated gasoline to violate any
standard specified in Sec. 80.41.
(11) Any refiner or importer who produces or imports RBOB may comply
with the following alternative quality assurance requirement instead of
the contract and quality assurance sampling and testing requirements in
paragraphs (a)(6) and (a)(7) of this section:
(i) To comply with the alternative quality assurance requirement
under this paragraph (a)(11), a refiner or importer must either arrange
to have an independent surveyor conduct a comprehensive program of
annual compliance surveys, or participate in the funding of an
organization which arranges to have an independent surveyor conduct a
comprehensive program of annual compliance surveys, to be carried out in
accordance with a survey plan which has been approved by EPA.
(ii) The annual compliance surveys under this paragraph (a)(11)
shall be:
(A) Planned and conducted by an independent surveyor that meets the
requirements in Sec. 80.68(c)(13)(i);
(B) Conducted at retail gasoline outlets in a specified reformulated
gasoline covered area;
(C) Representative of all reformulated gasoline being dispensed in
the specified reformulated gasoline covered area; and
(D) Designed to achieve at least the same level of quality assurance
required under paragraph (a)(7) of this section.
(iii) The compliance survey program shall require the independent
surveyor conducting the surveys to:
(A) Obtain gasoline samples in accordance with the survey plan
approved under this paragraph (a)(11), or immediately notify EPA of any
refusal of retail outlets to allow samples to be taken;
(B) Test or arrange for the samples to be tested for type and amount
of oxygenate;
(C)(1) Obtain the product transfer documents associated with the
gasoline sample from the retail outlet; or immediately notify EPA of any
refusal of any party to provide product transfer documents that should
be within their possession; and
(2) Immediately notify EPA of any case where the product transfer
documents obtained from the retail outlet do not contain the information
required in paragraph (a)(11)(vii)(A) of this section, or any case where
the gasoline does not contain the type and/or minimum amount of
oxygenate stated on the product transfer documents;
(D) Where the test results indicate that the gasoline does not
contain the type and/or minimum amount of oxygenate stated on the
product transfer documents:
(1) Determine the oxygenate blending facility that supplied the
gasoline; and
(2) Obtain from the oxygenate blender documentation of the refiner's
or
[[Page 104]]
importer's oxygenate blending instructions for the gasoline;
(E) Immediately notify EPA of any case where the test results
obtained by the independent surveyor indicate that the gasoline does not
contain the type and/or minimum amount of oxygenate designated for the
RBOB in the refiner's or importer's blending instructions;
(F) Immediately notify EPA of any instances where a refiner,
importer, terminal, distributor, carrier or retail outlet fails to
cooperate in the manner described in paragraph (a)(11)(vi) of this
section.
(G) Submit to EPA a report of each survey, within thirty days
following completion of the survey, such report to include the following
information:
(1) The identification of the person who conducted the survey;
(2) An attestation by an officer of the surveyor company that the
survey was conducted in accordance with the survey plan and that the
survey results are accurate;
(3) Identification of the party(ies) for whom the survey was
conducted;
(4) The identification of the covered area surveyed;
(5) The dates on which the survey was conducted;
(6) The address of each facility at which a gasoline sample was
collected and the date of collection;
(7) The results of the analyses of the samples for type and amount
of oxygenate;
(8) The name and address of each laboratory where the gasoline
samples were analyzed;
(9) A description of the methodology utilized to select the
locations for sample collection and the number of samples collected; and
(10) For any samples excluded from the survey, a justification for
such exclusion.
(H) Maintain all records relating to the surveys conducted under
this paragraph (a)(11) for a period of at least 5 years; and
(I) At any time permit any representative of EPA to monitor the
conduct of the surveys, including sample collection, transportation,
storage, and analysis.
(iv) A survey plan under this paragraph (a)(11) must include:
(A) Identification of the party(ies) for whom the survey is to be
conducted;
(B) Identification of the independent surveyor;
(C) A methodology for determining:
(1) When the samples will be collected;
(2) The sample collection locations; and
(3) The number of samples to be collected during the annual
compliance period;
(D) A process for notifying oxygenate blenders and other downstream
parties in the affected RFG area of the product transfer documentation
requirements in paragraph (a)(11)(vii)(A) of this section; and
(E) Any other elements determined by EPA to be necessary to achieve
the level of quality assurance required under paragraph (a)(11)(ii)(D)
of this section.
(v) Any sampling and testing pursuant to a survey plan under this
paragraph (a)(11) must be conducted in a manner consistent with the
applicable provisions of Sec. Sec. 80.8 and 80.46.
(vi)(A) Each refiner and importer who participates in the
alternative quality assurance program under this paragraph (a)(11) must
take all reasonable steps to ensure that each oxygenate blender,
distributor, carrier and retail outlet cooperates in this program by
allowing the independent surveyor to collect samples and by providing to
the independent surveyor and/or EPA, upon request, copies of product
transfer documents and other records or information regarding the source
of any gasoline received, the destination of any gasoline distributed,
the oxygenate blending instructions for the RBOB, and the rate (volume
%) that oxygenate was blended into the gasoline.
(B) Reasonable steps under paragraph (a)(11)(vii) of this section
must include, but typically should not be limited to, contractual
agreements with any branded facilities of the refiner or importer,
including any terminals, distributors, carriers and retail outlets,
which require the branded facility to
[[Page 105]]
cooperate with the independent surveyor and/or EPA in the manner
described in paragraph (a)(11)(vii)(A) of this section.
(vii)(A) Any terminal that blends oxygenate with RBOB which is
produced or imported by any refiner or importer that complies with the
alternative quality assurance requirement under this paragraph (a)(11),
and any parties downstream from such oxygenate blending terminal, must
include on product transfer documents information regarding the type and
amount of oxygenate contained in the gasoline and identification of the
oxygenate blending facility that blended the gasoline.
(B) If a party downstream from a refiner or importer that complies
with the alternative quality assurance requirement under this paragraph
(a)(11) fails to receive notice of the requirements in paragraph
(a)(11)(vii)(A) of this section, upon notification from EPA, the party
must thereafter comply with the requirements in paragraph
(a)(11)(vii)(A) of this section.
(viii) The procedure for obtaining EPA approval of a survey plan
under this paragraph (a)(11), and for revocation of any such approval,
are as follows:
(A) A detailed survey plan which complies with the requirements of
this paragraph (a)(11) must be submitted to EPA, no later than September
1 of the year preceding the calendar year in which the surveys will be
conducted;
(B) The survey plan must be signed by a responsible corporate
officer of the refiner or importer, or responsible officer of the
organization which arranges to have an independent surveyor conduct a
program of compliance surveys, as applicable; and
(C) The survey plan must be sent to the following address: Director,
Transportation and Regional Programs Division, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., (6406J), Washington, DC
20460;
(D) EPA will send a letter to the party submitting a survey plan
under this section, either approving or disapproving the survey plan;
(E) EPA may revoke any approval of a survey plan under this section
for cause, including an EPA determination that the approved survey plan
has proved to be inadequate in practice or that it was not diligently
implemented;
(F) The approving official for an alternative quality assurance
program under this section is the Director of the Transportation and
Regional Programs Division, Office of Transportation and Air Quality.
(G) Any notifications required under this paragraph (a)(11) must be
directed to the official designated in paragraph (a)(11)(viii)(F) of
this section.
(ix)(A) No later than December 1 of the year preceding the year in
which the surveys will be conducted, the contract with the independent
surveyor shall be in effect, and an amount of money necessary to carry
out the entire survey plan shall be paid to the independent surveyor or
placed into an escrow account with instructions to the escrow agent to
pay the money to the independent surveyor during the course of the
conduct of the survey plan;
(B) No later than December 15 of the year preceding the year in
which the surveys will be conducted, EPA must receive a copy of the
contract with the independent surveyor, proof that the money necessary
to carry out the survey plan has either been paid to the independent
surveyor or placed into an escrow account, and, if placed into an escrow
account, a copy of the escrow agreement, to be sent to the official
designated in paragraph (a)(11)(viii)(F) of this section.
(x) A failure of any refiner or importer to fulfill or cause to be
fulfilled any of the requirements of this paragraph (a)(11) will cause
the option to use the alternative quality assurance requirements under
this paragraph (a)(11) to be void ab initio.
(b) Requirements for oxygenate blenders. For all RBOB received by
any oxygenate blender, the oxygenate blender shall:
(1) Add oxygenate of the type(s) and amount (or within the range of
amounts) specified in the product transfer documents for the RBOB; and
(2) Meet the recordkeeping requirements specified in Sec. 80.74.
(c) [Reserved]
(d) Requirements for distributors dispensing RBOB into trucks for
blending.
[[Page 106]]
Any distributor who dispenses any RBOB into any truck which delivers
gasoline to retail outlets or wholesale purchase-consumer facilities,
shall for such RBOB so dispensed:
(1) Transfer the RBOB only to an oxygenate blender who has
registered with the Administrator or EPA as such; and
(2) Obtain from the oxygenate blender the oxygenate blender's EPA
registration number.
(e) Additional requirements for oxygenate blenders who blend
oxygenate in trucks. Any oxygenate blender who obtains any RBOB in any
gasoline delivery truck shall on each occasion it obtains RBOB from a
distributor, supply the distributor with the oxygenate blender's EPA
registration number.
[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36964, July 20, 1994; 62
FR 60135, Nov. 6, 1997; 66 FR 37165, July 17, 2001; 71 FR 74569, Dec.
15, 2005; 71 FR 26700, May 8, 2006; 71 FR 31959, June 2, 2006]
Sec. 80.70 Covered areas.
For purposes of subparts D, E, and F of this part, the covered areas
are as follows:
(a) The Los Angeles-Anaheim-Riverside, California, area, comprised
of:
(1) Los Angeles County;
(2) Orange County;
(3) Ventura County;
(4) That portion of San Bernadino County that lies south of latitude
35 degrees, 10 minutes north and west of longitude 115 degrees, 45
minutes west; and
(5) That portion of Riverside County, which lies to the west of a
line described as follows:
(i) Beginning at the northeast corner of Section 4, Township 2
South, Range 5 East, a point on the boundary line common to Riverside
and San Bernadino Counties;
(ii) Then southerly along section lines to the centerline of the
Colorado River Aqueduct;
(iii) Then southeasterly along the centerline of said Colorado River
Aqueduct to the southerly line of Section 36, Township 3 South, Range 7
East;
(iv) Then easterly along the township line to the northeast corner
of Section 6, Township 4 South, Range 9 East;
(v) Then southerly along the easterly line of Section 6 to the
southeast corner thereof;
(vi) Then easterly along section lines to the northeast corner of
Section 10, Township 4 South, Range 9 East;
(vii) Then southerly along section lines to the southeast corner of
Section 15, Township 4 South, Range 9 East;
(viii) Then easterly along the section lines to the northeast corner
of Section 21, Township 4 South, Range 10 East;
(ix) Then southerly along the easterly line of Section 21 to the
southeast corner thereof;
(x) Then easterly along the northerly line of Section 27 to the
northeast corner thereof;
(xi) Then southerly along section lines to the southeast corner of
Section 34, Township 4 South, Range 10 East;
(xii) Then easterly along the township line to the northeast corner
of Section 2, Township 5 South, Range 10 East;
(xiii) Then southerly along the easterly line of Section 2, to the
southeast corner thereof;
(xiv) Then easterly along the northerly line of Section 12 to the
northeast corner thereof;
(xv) Then southerly along the range line to the southwest corner of
Section 18, Township 5 South, Range 11 East;
(xvi) Then easterly along section lines to the northeast corner of
Section 24, Township 5 South, Range 11 East; and
(xvii) Then southerly along the range line to the southeast corner
of Section 36, Township 8 South, Range 11 East, a point on the boundary
line common to Riverside and San Diego Counties.
(b) San Diego County, California.
(c) The Greater Connecticut area, comprised of:
(1) The following Connecticut counties:
(i) Hartford;
(ii) Middlesex;
(iii) New Haven;
(iv) New London;
(v) Tolland;
(vi) Windham; and
(2) Portions of certain Connecticut counties, described as follows:
(i) In Fairfield County, the City of Shelton; and
[[Page 107]]
(ii) In Litchfield County, all cities and townships except the towns
of Bridgewater and New Milford.
(d) The New York-Northern New Jersey-Long Island-Connecticut area,
comprised of:
(1) Portions of certain Connecticut counties, described as follows:
(i) In Fairfield County, all cities and townships except Shelton
City;
(ii) In Litchfield County, the towns of Bridgewater and New Milford;
(2) The following New Jersey counties:
(i) Bergen;
(ii) Essex;
(iii) Hudson;
(iv) Hunterdon;
(v) Middlesex;
(vi) Monmouth;
(vii) Morris;
(viii) Ocean;
(ix) Passaic;
(x) Somerset;
(xi) Sussex;
(xii) Union; and
(3) The following New York counties:
(i) Bronx;
(ii) Kings;
(iii) Nassau;
(iv) New York (Manhattan);
(v) Queens;
(vi) Richmond;
(vii) Rockland;
(viii) Suffolk;
(ix) Westchester;
(x) Orange; and
(xi) Putnam.
(e) The Philadelphia-Wilmington-Trenton area, comprised of:
(1) The following Delaware counties:
(i) New Castle; and
(ii) Kent;
(2) Cecil County, Maryland;
(3) The following New Jersey counties:
(i) Burlington;
(ii) Camden;
(iii) Cumberland;
(iv) Gloucester;
(v) Mercer;
(vi) Salem; and
(4) The following Pennsylvania counties:
(i) Bucks;
(ii) Chester;
(iii) Delaware;
(iv) Montgomery; and
(v) Philadelphia.
(f) The Chicago-Gary-Lake County, Illinois-Indiana-Wisconsin area,
comprised of:
(1) The following Illinois counties:
(i) Cook;
(ii) Du Page;
(iii) Kane;
(iv) Lake;
(v) McHenry;
(vi) Will;
(2) Portions of certain Illinois counties, described as follows:
(i) In Grundy County, the townships of Aux Sable and Goose Lake; and
(ii) In Kendall County, Oswego township; and
(3) The following Indiana counties:
(i) Lake; and
(ii) Porter.
(g) The Baltimore, Maryland area, comprised of:
(1) The following Maryland counties:
(i) Anne Arundel;
(ii) Baltimore;
(iii) Carroll;
(iv) Harford;
(v) Howard; and
(2) The City of Baltimore.
(h) The Houston-Galveston-Brazoria, Texas area, comprised of the
following Texas counties:
(1) Brazoria;
(2) Fort Bend;
(3) Galveston;
(4) Harris;
(5) Liberty;
(6) Montgomery;
(7) Waller; and
(8) Chambers.
(i) The Milwaukee-Racine, Wisconsin area, comprised of the following
Wisconsin counties:
(1) Kenosha;
(2) Milwaukee;
(3) Ozaukee;
(4) Racine;
(5) Washington; and
(6) Waukesha.
(j) Any other area classified under 40 CFR part 81, subpart C as a
marginal, moderate, serious, or severe ozone nonattainment area may be
included as a covered area on petition of the Governor of the State in
which the area is located. The ozone nonattainment areas listed in this
paragraph (j) opted into the reformulated gasoline program prior to the
start of the reformulated gasoline program. These areas
[[Page 108]]
are covered areas for purposes of subparts D, E, and F of this part. The
geographic extent of each covered area listed in this paragraph (j)
shall be the nonattainment area boundaries as specified in 40 CFR part
81, subpart C.
(1) Sussex County, Delaware;
(2) District of Columbia portion of the Washington ozone
nonattainment area;
(3) Jefferson County, Kentucky;
(4) Portions of the following Kentucky counties:
(i) Portion of Bullitt County described as follows:
(A) Beginning at the intersection of Ky 1020 and the Jefferson-
Bullitt County Line proceeding to the east along the county line to the
intersection of county road 567 and the Jefferson-Bullitt County Line;
(B) Proceeding south on county road 567 to the junction with Ky 1116
(also known as Zoneton Road);
(C) Proceeding to the south on KY 1116 to the junction with Hebron
Lane;
(D) Proceeding to the south on Hebron Lane to Cedar Creek;
(E) Proceeding south on Cedar Creek to the confluence of Floyds Fork
turning southeast along a creek that meets Ky 44 at Stallings Cemetery;
(F) Proceeding west along Ky 44 to the eastern most point in the
Shepherdsville city limits;
(G) Proceeding south along the Shepherdsville city limits to the
Salt River and west to a point across the river from Mooney Lane;
(H) Proceeding south along Mooney Lane to the junction of Ky 480;
(I) Proceeding west on Ky 480 to the junction with Ky 2237;
(J) Proceeding south on Ky 2237 to the junction with Ky 61 and
proceeding north on Ky 61 to the junction with Ky 1494;
(K) Proceeding south on Ky 1494 to the junction with the perimeter
of the Fort Knox Military Reservation;
(L) Proceeding north along the military reservation perimeter to
Castleman Branch Road;
(M) Proceeding north on Castleman Branch Road to Ky 44;
(N) Proceeding a very short distance west on Ky 44 to a junction
with Ky 1020; and
(O) Proceeding north on Ky 1020 to the beginning.
(ii) Portion of Oldham County described as follows:
(A) Beginning at the intersection of the Oldham-Jefferson County
Line with the southbound lane of Interstate 71;
(B) Proceeding to the northeast along the southbound lane of
Interstate 71 to the intersection of Ky 329 and the southbound lane of
Interstate 71;
(C) Proceeding to the northwest on Ky 329 to the intersection of
Zaring Road on Ky 329;
(D) Proceeding to the east-northeast on Zaring Road to the junction
of Cedar Point Road and Zaring Road;
(E) Proceeding to the north-northeast on Cedar Point Road to the
junction of Ky 393 and Cedar Point Road;
(F) Proceeding to the south-southeast on Ky 393 to the junction of
county road 746 (the road on the north side of Reformatory Lake and the
Reformatory);
(G) Proceeding to the east-northeast on county road 746 to the
junction with Dawkins Lane (also known as Saddlers Mill Road) and county
road 746;
(H) Proceeding to follow an electric power line east-northeast
across from the junction of county road 746 and Dawkins Lane to the
east-northeast across Ky 53 on to the La Grange Water Filtration Plant;
(I) Proceeding on to the east-southeast along the power line then
south across Fort Pickens Road to a power substation on Ky 146;
(J) Proceeding along the power line south across Ky 146 and the
Seaboard System Railroad track to adjoin the incorporated city limits of
La Grange;
(K) Then proceeding east then south along the La Grange city limits
to a point abutting the north side of Ky 712;
(L) Proceeding east-southeast on Ky 712 to the junction of Massie
School Road and Ky 712;
(M) Proceeding to the south-southwest and then north-northwest on
Massie School Road to the junction of Ky 53 and Massie School Road;
(N) Proceeding on Ky 53 to the north-northwest to the junction of
Moody Lane and Ky 53;
[[Page 109]]
(O) Proceeding on Moody Lane to the south-southwest until meeting
the city limits of La Grange;
(P) Then briefly proceeding north following the La Grange city
limits to the intersection of the northbound lane of Interstate 71 and
the La Grange city limits;
(Q) Proceeding southwest on the northbound lane of Interstate 71
until intersecting with the North Fork of Currys Fork;
(R) Proceeding south-southwest beyond the confluence of Currys Fork
to the south-southwest beyond the confluence of Floyds Fork continuing
on to the Oldham-Jefferson County Line; and
(S) Proceeding northwest along the Oldham-Jefferson County Line to
the beginning.
(5) [Reserved]
(6) The following Maryland counties:
(i) Calvert;
(ii) Charles;
(iii) Frederick;
(iv) Montgomery;
(v) Prince Georges;
(vi) Queen Anne's; and
(vii) Kent;
(7) The entire State of Massachusetts;
(8) The following New Hampshire counties:
(i) Strafford;
(ii) Merrimack;
(iii) Hillsborough; and
(iv) Rockingham;
(9) The following New Jersey counties:
(i) Atlantic;
(ii) Cape May; and
(iii) Warren;
(10) The following New York counties:
(i) Dutchess;
(ii) The portion of Essex County that consists of the portion of
Whiteface Mountain above 4,500 feet in elevation.
(11) The entire State of Rhode Island;
(12) The following Texas counties: and
(i) Collin;
(ii) Dallas;
(iii) Denton; and
(iv) Tarrant;
(13) The following Virginia areas:
(i) Alexandria;
(ii) Arlington County;
(iii) Fairfax;
(iv) Fairfax County;
(v) Falls Church;
(vi) Loudoun County;
(vii) Manassas;
(viii) Manassas Park;
(ix) Prince William County;
(x) Stafford County;
(xi) Charles City County;
(xii) Chesterfield County;
(xiii) Colonial Heights;
(xiv) Hanover County;
(xv) Henrico County;
(xvi) Hopewell;
(xvii) Richmond;
(xviii) Chesapeake;
(xix) Hampton;
(xx) James City County;
(xxi) Newport News;
(xxii) Norfolk;
(xxiii) Poquoson;
(xxiv) Portsmouth;
(xxv) Suffolk;
(xxvi) Virginia Beach;
(xxvii) Williamsburg; and
(xxviii) York County.
(k) The ozone nonattainment areas included in this paragraph (k)
have opted into the reformulated gasoline program since the beginning of
the program, and are covered areas for purposes of subparts D, E, and F
of this part. The geographic extent of each covered area listed in this
paragraph (k) shall be the nonattainment area boundaries as specified in
40 CFR part 81, subpart C.
(1) The St. Louis, Missouri, ozone nonattainment area is a covered
area beginning June 1, 1999. The prohibitions of section 211(k)(5) of
the Clean Air Act apply to all persons in the St. Louis, Missouri,
covered area, other than retailers and wholesale purchaser-consumers,
beginning May 1, 1999. The prohibitions of section 211(k)(5) of the
Clean Air Act apply to retailers and wholesale purchase-consumers in the
St. Louis, Missouri, area beginning June 1, 1999.
(2) The Illinois portion of the St. Louis, Illinois-Missouri ozone
nonattainment area is a covered area beginning on July 1, 2007. The
prohibitions of section 211(k)(5) of the Clean Air Act apply to all
persons other than retailers and wholesale purchaser-consumers in the
Illinois portion of the St.
[[Page 110]]
Louis, Illinois-Missouri ozone nonattainment area beginning on June 1,
2007. The prohibitions of section 211(k)(5) of the Clean Air Act apply
to retailers and wholesale purchaser-consumers in the Illinois portion
of the St. Louis, Illinois-Missouri ozone nonattainment area beginning
July 1, 2007.
(l) Upon the effective date for removal of any opt-in area or
portion of an opt-in area included in an approved petition under Sec.
80.72(a), the geographic area covered by such approval shall no longer
be considered a covered area for purposes of subparts D, E, and F of
this part.
(m) Effective one year after an area has been reclassified as a
Severe ozone nonattainment area under section 181(b) of the Clean Air
Act, such Severe area shall also be a covered area under the
reformulated gasoline program. The ozone nonattainment areas identified
pursuant to this paragraph (m) were reclassified as Severe ozone
nonattainment areas, and are covered areas for purposes of subparts D,
E, and F of this part. The geographic extent of each covered area
identified pursuant to this paragraph (m) shall be the nonattainment
area boundaries as specified in 40 CFR part 81, subpart C.
(1) An area identified as a covered area pursuant to this paragraph
(m), whose classification as a severe nonattainment area under the 1-
hour ozone NAAQS is removed as a result of removal of the 1-hour ozone
NAAQS, remains a covered area as follows:
(i) Prior to redesignation as attainment for the 8-hour ozone NAAQS
the area remains a covered area;
(ii) After redesignation as attainment for the 8-hour ozone NAAQS.
[Reserved]
(2) An area identified as a covered area pursuant to this paragraph
(m), based on its classification as a severe non-attainment area under
the 1-hour ozone NAAQS, but which is redesignated to attainment for the
1-hour ozone NAAQS, may be removed as a covered area at the request of a
State providing that the State does not rely on RFG in any State
Implementation Plan.
(n) The areas included in paragraph (n) of this section are located
within the ozone transport region established under Clean Air Act
section 184(a), are not classified as a Marginal, Moderate, Serious, or
Severe ozone nonattainment area, and have opted into the reformulated
gasoline program. They are covered areas for the purposes of subparts D,
E, and F of this part.
(1) The southern Maine counties of York, Cumberland, Sagadahoc,
Androscoggin, Kennebec, Knox, and Lincoln are a covered area beginning
June 1, 2015. The prohibitions of Clean Air Act section 211(k)(5) apply
to all persons other than retailers and wholesale purchaser-consumers in
these counties beginning May 1, 2015. The prohibitions of section
211(k)(5) of the Clean Air Act apply to retailers and wholesale
purchaser-consumers in these counties beginning on June 1, 2015.
(2) [Reserved]
[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36964, July 20, 1994; 60
FR 2699, Jan. 11, 1995; 60 FR 35491, July 10, 1995; 61 FR 35680, July 8,
1996; 62 FR 30270, June 3, 1997; 63 FR 43049, Aug. 11, 1998; 63 FR
52104, Sept. 29, 1998; 64 FR 10371, Mar. 3, 1999; 67 FR 38403, June 4,
2002; 70 FR 71705, Nov. 29, 2005; 72 FR 20242, Apr. 24, 2007; 79 FR
14418, Mar. 14, 2014; 80 FR 6662, Feb. 6, 2015; 84 FR 2455, Feb. 7,
2019]
Sec. 80.71 Descriptions of VOC-control regions.
(a) Reformulated gasoline covered areas which are located in the
following States are included in VOC-Control Region 1:
Alabama
Arizona
Arkansas
California
Colorado
District of Columbia
Florida
Georgia
Kansas
Louisiana
Maryland
Mississippi
Missouri
Nevada
New Mexico
North Carolina
Oklahoma
Oregon
South Carolina
Tennessee
Texas
Utah
Virginia
(b) Reformulated gasoline covered areas which are located in the
following States are included in VOC-Control Region 2:
Connecticut
Delaware
Idaho
Illinois
Indiana
Iowa
Kentucky
Maine
Massachusetts
Michigan
[[Page 111]]
Minnesota
Montana
Nebraska
New Hampshire
New Jersey
New York
North Dakota
Ohio
Pennsylvania
Rhode Island
South Dakota
Vermont
Washington
West Virginia
Wisconsin
Wyoming
(c) Reformulated gasoline covered areas which are partially in VOC
Control Region 1 and partially in VOC Control Region 2 shall be included
in VOC Control Region 1, except in the case of the Philadelphia-
Wilmington-Trenton CMSA which shall be included in VOC Control Region 2.
Sec. 80.72 Procedures for opting out of the covered areas.
(a) In accordance with paragraph (b) of this section, the
Administrator may approve a petition from a state asking for removal of
any opt-in area, or portion of an opt-in area, from inclusion as a
covered area under Sec. 80.70. If the Administrator approves a
petition, he or she shall set an effective date as provided in paragraph
(c) of this section. The Administrator shall notify the state in writing
of the Agency's action on the petition and the effective date of the
removal when the petition is approved.
(b) To be approved under paragraph (a) of this section, a petition
must be signed by the Governor of a State, or his or her authorized
representative, and must include the following:
(1) A geographic description of each opt-in area, or portion of each
opt-in area, which is covered by the petition;
(2) A description of all ways in which reformulated gasoline is
relied upon as a control measure in any approved State or local
implementation plan or plan revision, or in any submission to the Agency
containing any proposed plan or plan revision (and any associated
request for redesignation) that is pending before the Agency when the
petition is submitted; and
(3) For any opt-in areas covered by the petition for which
reformulated gasoline is relied upon as a control measure as described
under paragraph (b)(2) of this section, the petition shall include the
following information:
(i) Identify whether the State is withdrawing any such pending plan
submission;
(ii)(A) Identify whether the State intends to submit a revision to
any such approved plan provision or pending plan submission that does
not rely on reformulated gasoline as a control measure, and describe the
alternative air quality measures, if any, that the State plans to use to
replace reformulated gasoline as a control measure;
(B) A description of the current status of any proposed revision to
any such approved plan provision or pending plan submission, as well as
a projected schedule for submission of such proposed revision;
(iii) If the State is not withdrawing any such pending plan
submission and does not intend to submit a revision to any such approved
plan provision or pending plan submission, describe why no revision is
necessary;
(iv) If reformulated gasoline is relied upon in any pending plan
submission, other than as a contingency measure consisting of a future
opt-in, and the Agency has found such pending plan submission complete
or made a protectiveness finding under 40 CFR 51.448 and 93.128,
demonstrate whether the removal of the reformulated gasoline program
will affect the completeness and/or protectiveness determinations;
(4) The Governor of a State, or his or her authorized
representative, shall submit additional information upon request of the
Administrator,
(c)(1) For opt-out petitions received on or before December 31,
1997, except as provided in paragraphs (c)(2) and (c)(3) of this
section, the Administrator shall set an effective date for removal of an
area under paragraph (a) of this section as requested by the Governor,
but no less than 90 days from the Agency's written notification to the
state approving the opt-out petition, and no later than December 31,
1999.
(2) For opt-out petitions received on or before December 31, 1997,
except as provided in paragraph (c)(3) of this section, where RFG is
contained as an element of any plan or plan revision that has been
approved by the Agency, other than as a contingency measure consisting
of a future opt-in, then the effective date under paragraph (a) of this
section shall be the date requested by the Governor, but no less than 90
days from the effective date of Agency
[[Page 112]]
approval of a revision to the plan that removes RFG as a control
measure.
(3)(i) The Administrator may extend the deadline for submitting opt-
out petitions in paragraphs (c)(1) and (2) of this section for a state
if:
(A) The Governor or his authorized representative requests an
extension prior to December 31, 1997;
(B) The request indicates that there is active or pending
legislation before the state legislature that was introduced prior to
March 28, 1997;
(C) The legislation is concerning opting out of or remaining in the
reformulated gasoline program; and
(D) The request demonstrates that the legislation cannot reasonably
be acted upon prior to December 31, 1997.
(ii) The Administrator may extend the deadline until no later than
May 31, 1998. If the deadline is extended, then opt-out requests from
that state received during the extension shall be considered under the
provisions of paragraphs (c)(1) and (2) of this section.
(4) For opt-out petitions received January 1, 1998 through December
31, 2003, except as provided in paragraph (c)(5) of this section, the
Administrator shall set an effective date for removal of an area under
paragraph (a) of this section as requested by the Governor but no
earlier than January 1, 2004 or 90 days from the Agency's written
notification to the state approving the opt-out petition, whichever date
is later.
(5) For opt-out petitions received January 1, 1998 through December
31, 2003, where RFG is contained as an element of any plan or plan
revision that has been approved by the Agency, other than as a
contingency measure consisting of a future opt-in, then the effective
date for removal of an area under paragraph (a) of this section shall be
the date requested by the Governor, but no earlier than January 1, 2004,
or 90 days from the effective date of Agency approval of a revision to
the plan that removes RFG as a control measure, whichever date is later.
(6) For opt-out petitions received on or after January 1, 2004,
except as provided in paragraph (c)(7) of this section, the
Administrator shall set an effective date for removal of an area as
requested by the Governor, but no less than 90 days from the Agency's
written notification to the state approving the opt-out petition.
(7) For opt-out petitions received on or after January 1, 2004,
where RFG is contained as an element of any plan or plan revision that
has been approved by the Agency, other than as a contingency measure
consisting of a future opt-in, then the effective date for removal of an
area under paragraph (a) of this section shall be the date requested by
the Governor, but no less than 90 days from the effective date of Agency
approval of a revision to the plan that removes RFG as a control
measure.
(8) Notwithstanding any other provision of paragraph (c) of this
section, for an area that opted in pursuant to Clean Air Act section
211(k)(6)(B), the Administrator shall not set the effective date for
removal of the area earlier than four years after the commencement date
of opt-in.
(d) The Administrator shall publish a notice in the Federal Register
announcing the approval of any petition under paragraph (a) of this
section, and the effective date for removal.
[61 FR 35680, July 8, 1996, as amended at 62 FR 54558, Oct. 20, 1997; 80
FR 6662, Feb. 6, 2015]
Sec. 80.73 Inability to produce conforming gasoline in extraordinary
circumstances.
In appropriate extreme and unusual circumstances (e.g., natural
disaster or Act of God) which are clearly outside the control of the
refiner, importer, or oxygenate blender and which could not have been
avoided by the exercise of prudence, diligence, and due care, EPA may
permit a refiner, importer, or oxygenate blender, for a brief period, to
distribute gasoline which does not meet the requirements for
reformulated gasoline, or does not contain the type(s) and amount(s) of
oxygenate required under Sec. 80.69(b)(1), if:
(a) It is in the public interest to do so (e.g., distribution of the
nonconforming gasoline is necessary to meet projected shortfalls which
cannot otherwise be compensated for);
(b) The refiner, importer, or oxygenate blender exercised prudent
planning and was not able to avoid the violation and has taken all
reasonable steps to
[[Page 113]]
minimize the extent of the nonconformity;
(c) The refiner, importer, or oxygenate blender can show how the
requirements for reformulated gasoline will be expeditiously achieved;
(d) The refiner, importer, or oxygenate blender agrees to make up
air quality detriment associated with the nonconforming gasoline, where
practicable; and
(e) The refiner, importer, or oxygenate blender pays to the U.S.
Treasury an amount equal to the economic benefit of the nonconformity
minus the amount expended, pursuant to paragraph (d) of this section, in
making up the air quality detriment.
[38 FR 1255, Jan. 10, 1973, as amended at 71 FR 26700, May 8, 2006]
Sec. 80.74 Recordkeeping requirements.
All parties in the gasoline distribution network and the
distribution network for pentane for use by pentane blenders under Sec.
80.86, shall maintain records containing the information as required in
this section. These records shall be retained for a period of five years
from the date of creation, and shall be delivered to the Administrator
of EPA or to the Administrator's authorized representative upon request.
(a) All regulated parties. Any refiner, gasoline importer, oxygenate
blender, producer of pentane for use by pentane blenders, importer of
pentane for use by pentane blenders, carrier, distributor, reseller,
retailer, or wholesale-purchaser-consumer who sells, offers for sale,
dispenses, supplies, offers for supply, stores, blends, transports, or
causes the transportation of any reformulated gasoline, RBOB, or pentane
for use by pentane blenders shall maintain records containing the
following information:
(1) The product transfer documentation for all reformulated
gasoline, RBOB, or pentane for use by pentane blenders for which the
party is the transferor or transferee; and
(2) For any sampling and testing on RBOB or reformulated gasoline:
(i) The location, date, time, and storage tank or truck
identification for each sample collected;
(ii) The identification of the person who collected the sample and
the person who performed the testing;
(iii) The results of the tests; and
(iv) The actions taken to stop the sale of any gasoline found not to
be in compliance, and the actions taken to identify the cause of any
noncompliance and prevent future instances of noncompliance.
(3) For producers and importers of pentane for use by pentane
blenders, in addition to the records specified in paragraph (a)(1) of
this section, records demonstrating that each batch of such pentane is
compliant with the standards in Sec. 80.86.
(4) For pentane blenders, in addition to the records specified in
paragraph (a)(1) of this section, records demonstrating compliance
quality assurance program requirements in Sec. 80.85.
(b) Refiners and importers. In addition to other requirements of
this section, any refiner and importer shall, for all reformulated
gasoline and RBOB produced or imported, maintain records containing the
following information:
(1) Results of the tests to determine reformulated gasoline
properties and characteristics specified in Sec. 80.65;
(2) [Reserved]
(3) The volume of gasoline associated with each of the above test
results using the method normally employed at the refinery or import
facility for this purpose;
(4) In the case of RBOB:
(i) The results of tests to ensure that, following blending, RBOB
meets applicable standards; and
(ii) Each contract with each oxygenate blender to whom the refiner
or importer transfers RBOB; or
(iii) Compliance calculations described in Sec. 80.69(a)(8) based
on an assumed addition of oxygenate;
(5) In the case of any refinery or importer subject to the simple
model standards, the calculations used to determine the 1990 baseline
levels of sulfur, T-90, and olefins, and the calculations used to
determine compliance with the standards for these parameters;
(6) In the case of any refinery or importer subject to the complex
model standards before January 1, 1998, the calculations used to
determine the
[[Page 114]]
baseline levels of VOC, toxics, and NOX emissions
performance; and
(7) In the case of any gasoline classified as previously certified
gasoline under the terms of Sec. 80.65(i):
(i) Results of the tests to determine the properties and volume of
the previously certified gasoline when received at the refinery; and
(ii) Records that reflect the storage and movement of the previously
certified gasoline within the refinery to the point the previously
certified gasoline is used to produce reformulated gasoline or RBOB;
(8) In the case of butane or pentane blended into reformulated
gasoline or RBOB under Sec. 80.82 or Sec. 80.85, documentation of all
the following:
(i) The volume of butane added.
(ii) The volume of the pentane added.
(iii) The volume of reformulated gasoline or RBOB both prior to and
subsequent to the butane or pentane blending.
(iv) The purity and properties of the butane specified in Sec.
80.82(c) and (d), as appropriate.
(v) The purity and properties of the pentane specified in Sec.
80.85(c) and (d), as appropriate.
(vi) Compliance with the requirements of Sec. Sec. 80.82 and 80.85;
and
(9) In the case of any imported GTAB, documents that reflect the
storage and physical movement of the GTAB from the point of importation
to the point of blending to produce reformulated gasoline.
(10) In the case of any interface or transmix used to produce
reformulated gasoline or RBOB under Sec. 80.84, records that reflect
the results of any sampling and testing of RFG or RBOB required under
Sec. 80.84.
(i) Pipelines must keep records showing that interface was
designated in the proper manner, according to the designations listed in
Sec. 80.84(b)(1);
(ii) Transmix processors and transmix blenders must keep records
showing that their transmix meets the definition in Sec. 80.84(a)(2),
or contains gasoline and distillate fuel only from the sources listed in
Sec. 80.84(e);
(iii) Transmix processors must keep records showing the volumes of
reformulated gasoline or RBOB recovered from transmix and the type and
amount of any blendstock added, if applicable; and
(iv) Transmix blenders must keep records showing compliance with the
quality assurance program and/or sampling and testing requirements in
Sec. 80.84(d)(2) or (d)(3), and for each batch of reformulated gasoline
or RBOB with which transmix is blended, the volume of the batch, and the
volume of transmix blended into the batch;
(c) Refiners and importers of averaged gasoline. In addition to
other requirements of this section, any refiner or importer who produces
or imports any reformulated gasoline for which compliance with one or
more applicable standard is determined on an average shall maintain
records containing the following information:
(1) The calculations used to determine compliance with the relevant
standards on average, for each averaging period and for each quantity of
gasoline for which standards must be separately achieved; and
(2) For any credits bought, sold, traded or transferred pursuant to
Sec. 80.67(h), the dates of the transactions, the names and EPA
registration numbers of the parties involved, and the number of credits
transferred.
(d) Oxygenate blenders. Any oxygenate blender who blends any
oxygenate with any RBOB shall, for each occasion such blending occurs,
maintain records containing the following:
(i) The date, time, location, and identification of the blending
tank or truck in which the blending occurred;
(ii) The volume and oxygenate requirements of the RBOB to which
oxygenate was added; and
(iii) The volume, type, and purity of the oxygenate which was added,
and documents which show the source(s) of the oxygenate used.
(e) Distributors who dispense RBOB into trucks. In addition to other
requirements of this section, any distributor who dispenses any RBOB
into a truck used for delivering gasoline to retail outlets shall, for
each occasion RBOB is dispensed into such a truck, obtain records
identifying:
(1) The name and EPA registration number of the oxygenate blender
that received the RBOB; and
[[Page 115]]
(2) The volume and oxygenate requirements of the RBOB dispensed.
(f) [Reserved]
(g) Retailers before January 1, 1998. Prior to January 1, 1998 any
retailer that sells or offers for sale any reformulated gasoline shall
maintain at each retail outlet the product transfer documentation for
the most recent three deliveries to the retail outlet of each grade of
reformulated gasoline sold or offered for sale at the retail outlet, and
shall make such documentation available to any person conducting any
gasoline compliance survey pursuant to Sec. 80.68.
[59 FR 7813, Feb. 16, 1994, as amended at 66 FR 67106, Dec. 28, 2001; 71
FR 74569, Dec. 15, 2005; 71 FR 26700, May 8, 2006; 71 FR 31961, June 2,
2006; 79 FR 23641, Apr. 28, 2014]
Sec. 80.75 Reporting requirements.
Any refiner, gasoline importer, producer of pentane for use by a
pentane blender, and importer of pentane for use by a pentane blender
shall report as specified in this section, and shall report such other
information as the Administrator may require.
(a) Quarterly reports for reformulated gasoline. Any refiner or
importer that produces or imports any reformulated gasoline or RBOB
shall submit quarterly reports to the Administrator for each refinery at
which such reformulated gasoline or RBOB was produced and for all such
reformulated gasoline or RBOB imported by each importer.
(1) The quarterly reports shall be for all such reformulated
gasoline or RBOB produced or imported during the following time periods:
(i) The first quarterly report shall include information for
reformulated gasoline or RBOB produced or imported from January 1
through March 31, and shall be submitted by June 1 of each year.
(ii) The second quarterly report shall include information for
reformulated gasoline or RBOB produced or imported from April 1 through
June 30, and shall be submitted by September 1 of each year.
(iii) The third quarterly report shall include information for
reformulated gasoline or RBOB produced or imported from July 1 through
September 30, and shall be submitted by December 1 of each year.
(iv) The fourth quarterly report shall include information for
reformulated gasoline or RBOB produced or imported from October 1
through December 31, and shall be submitted by March 31 of each year.
(2) All the following information shall be included in each
quarterly report for each batch of reformulated gasoline or RBOB which
is included under paragraph (a)(1) of this section:
(i) The batch number.
(ii) The date of production.
(iii) The volume of the batch.
(iv) The grade of gasoline produced (i.e., premium, mid-grade, or
regular).
(v) For any refiner or importer, all the following:
(A) Each designation of the gasoline, pursuant to Sec. 80.65.
(B) The properties, along with identification of the test method
used to measure those properties, pursuant to Sec. Sec. 80.65(e) and
80.66.
(vi) For any importer, the PADD in which the import facility is
located.
(vii) [Reserved]
(viii) In the case of any previously certified gasoline used in a
refinery operation under the terms of Sec. 80.65(i), all the following
information relative to the previously certified gasoline when received
at the refinery:
(A) Identification of the previously certified gasoline as such.
(B) The batch number assigned by the receiving refinery.
(C) The date of receipt.
(D) The volume, properties (along with identification of the test
method used to measure those properties), and designation of the batch.
(ix) In the case of butane blended with reformulated gasoline or
RBOB under Sec. 80.82, all the following:
(A) Identification of the butane batch as complying with the
provisions of Sec. 80.82.
(B) Identification of the butane batch as commercial or non-
commercial grade butane.
(C) The batch number of the butane.
(D) The date of production of the gasoline produced using the butane
batch.
(E) The volume of the butane batch.
(F) The properties of the butane batch specified by the butane
supplier,
[[Page 116]]
or the properties specified in Sec. 80.82(c) or (d), as appropriate,
along with the identification of the test method used to measure those
properties.
(G) The volume of the gasoline batch subsequent to the butane
blending.
(x) In the case of any imported GTAB, identification of the gasoline
as GTAB.
(xi) In the case of pentane blended with reformulated gasoline or
RBOB under Sec. 80.85, all the following:
(A) Identification of the pentane batch as complying with the
provisions of Sec. 80.85.
(B) Identification of the pentane batch as commercial or non-
commercial grade pentane.
(C) The batch number of the pentane.
(D) The company and facility identification numbers of the supplier
of the pentane batch.
(E) The date of production of the gasoline produced using the
pentane batch.
(F) The volume of the pentane batch.
(G) The properties of the pentane batch specified by the pentane
supplier, or the properties specified in Sec. 80.86(a)(3) or (a)(4), as
appropriate along with the test method used to measure these properties.
(H) The volume of the gasoline batch subsequent to the pentane
blending.
(3) Information pertaining to gasoline produced or imported during
1994 shall be included in the first quarterly report in 1995.
(b) [Reserved]
(c) VOC emissions performance averaging reports. (1) Any refiner or
importer that produced or imported any reformulated gasoline or RBOB
under the complex model that was to meet the VOC emissions performance
standards on average (``averaged reformulated gasoline'') shall submit
to the Administrator, with the third quarterly report, a report for each
refinery or importer for such averaged reformulated gasoline produced or
imported during the previous VOC averaging period. Beginning January 1,
2014, the information required by this paragraph (c) shall be submitted
with the fourth quarter report pursuant to Sec. 80.75(a)(1)(iv). This
information shall be reported separately for the following categories:
(i) Gasoline or RBOB which is designated as VOC-controlled intended
for areas in VOC-Control Region 1; and
(ii) Gasoline or RBOB which is designated as VOC-controlled intended
for VOC-Control Region 2.
(2) The following information shall be reported:
(i) The total volume of averaged reformulated gasoline or RBOB in
gallons;
(ii) The compliance total value for VOC emissions performance; and
(iii) The actual total value for VOC emissions performance.
(d) Benzene content averaging reports. Pursuant to Sec.
80.41(f)(3), for any refiner, refinery or importer not subject to the
applicable standards at Sec. 80.41(f)(1), the report required by this
paragraph (d) is not required beginning January 1, 2014, or beginning
January 1, 2016 for all other refiners.
(1) Any refiner or importer that produced or imported any
reformulated gasoline or RBOB that was to meet the benzene content
standards on average (``averaged reformulated gasoline'') shall submit
to the Administrator, with the fourth quarterly report, a report for
each refinery or importer for such averaged reformulated gasoline that
was produced or imported during the previous toxics averaging period.
(2) All the following information shall be reported:
(i) The volume of averaged reformulated gasoline or RBOB in gallons.
(ii) The compliance total content of benzene.
(iii) The actual total content of benzene, along with identification
of the test methods used to measure the content of benzene.
(iv) The number of benzene credits generated as a result of actual
total benzene being less than compliance total benzene.
(v) The number of benzene credits required as a result of actual
total benzene being greater than compliance total benzene.
(vi) The number of benzene credits transferred to another refinery
or importer.
(vii) The number of benzene credits obtained from another refinery
or importer.
[[Page 117]]
(e) Toxics emissions performance averaging reports. Pursuant to
Sec. 80.41(f)(3), for any refiner, refinery or importer not subject to
the applicable standards at Sec. 80.41(f)(1), the report required by
this paragraph (e) is not required beginning January 1, 2014, or
beginning January 1, 2016 for all other refiners.
(1) Any refiner or importer that produced or imported any
reformulated gasoline or RBOB that was to meet the toxics emissions
performance standards on average (``averaged reformulated gasoline'')
shall submit to the Administrator, with the fourth quarterly report, a
report for each refinery or importer for such averaged reformulated
gasoline that was produced or imported during the previous toxics
averaging period.
(2) The following information shall be reported:
(i) The volume of averaged reformulated gasoline or RBOB in gallons;
(ii) The compliance value for toxics emissions performance; and
(iii) The actual value for toxics emissions performance.
(f) [Reserved]
(g) NOX emissions performance averaging reports. Pursuant to Sec.
80.41(f)(2), for any refiner, refinery or importer not subject to the
applicable standards at Sec. 80.41(f)(1), the report required by this
paragraph (g) is not required beginning January 1, 2014.
(1) Any refiner or importer that produced or imported any
reformulated gasoline or RBOB that was to meet the NOX
emissions performance standard on average (``averaged reformulated
gasoline'') shall submit to the Administrator, with the fourth quarterly
report, a report for each refinery or importer for such averaged
reformulated gasoline that was produced or imported during the previous
NOX averaging period.
(2) The following information shall be reported:
(i) The volume of averaged reformulated gasoline or RBOB in gallons;
(ii) The compliance value for NOX emissions performance;
and
(iii) The actual value for NOX emissions performance.
(3) The information required by paragraph (g)(2) of this section
shall be reported separately for the following categories:
(i) Gasoline and RBOB which is designated as VOC-controlled; and
(ii) Gasoline and RBOB which is not designated as VOC-controlled.
(h) Credit transfer reports. As an additional part of the fourth
quarterly report required by this section, any refiner or importer
shall, for each refinery or importer, supply the following information
for any benzene credits that are transferred from or to another refinery
or importer:
(1) The names, EPA-assigned registration numbers and facility
identification numbers of the transferor and transferee of the credits;
(2) The number(s) of credits that were transferred; and
(3) The date(s) of the transaction(s).
(i) Covered areas of gasoline use report. Any refiner that produced
any reformulated gasoline that was to meet any reformulated gasoline
standard on average (``averaged reformulated gasoline'') shall, for each
refinery at which such averaged reformulated gasoline was produced,
submit to the Administrator, with the fourth quarterly report, a report
that contains the identity of each covered area that was supplied with
any averaged reformulated gasoline produced at each refinery during the
previous year.
(j) Additional reporting requirements for certain importers. In the
case of any importer to whom different standards apply for gasoline
imported at different facilities by operation of Sec. 80.41(q)(2), such
importer shall submit separate reports for gasoline imported into
facilities subject to different standards.
(k) [Reserved]
(l) Reports for per-gallon compliance gasoline. In the case of
reformulated gasoline or RBOB for which compliance with each of the
standards set forth in Sec. 80.41 is achieved on a per-gallon basis,
the refiner or importer shall submit to the Administrator, by March 31
of each year, a report of the volume of each designated reformulated
gasoline or RBOB produced or imported during the previous calendar year
for which compliance is achieved on a per-gallon basis, and a statement
that each gallon of this reformulated gasoline or RBOB met the
applicable standards.
[[Page 118]]
(m) Reports of compliance audits. Any refiner or importer shall
submit the report of the compliance audit required by Sec. 80.65(h) to
the Administrator by June 1 of each year.
(n) Report submission. The reports required by this section shall
be:
(1) Submitted on forms and following procedures specified by the
Administrator; and
(2) Signed and certified as correct by the owner or a responsible
corporate officer of the refiner or importer.
(o) Additional reporting requirements for refiners that blend butane
or pentane with reformulated gasoline or RBOB. For refiners that blend
any butane or pentane with reformulated gasoline or RBOB under Sec.
80.82 or Sec. 80.85, the refiner shall submit to the Administrator, by
March 31 of each year, a report for the refinery which includes all the
following information for the previous calendar year:
(1) The total volume of butane and the total volume of pentane
blended with reformulated gasoline or RBOB at the refinery, separately
for reformulated gasoline and RBOB.
(2) The total volume of reformulated gasoline or RBOB produced using
butane and the total volume of reformulated gasoline or RBOB produced
using pentane, separately for reformulated gasoline and RBOB.
(3) A statement that each gallon of reformulated gasoline or RBOB
produced using butane or pentane met the applicable per-gallon standards
under Sec. 80.41.
(4) A statement that all butane and pentane blended with
reformulated gasoline or RBOB at the refinery is included in the volume
reported in paragraph (o)(2) of this section.
(p) Reporting requirements for producers and importers of pentane
for use by pentane blenders. Any producer of pentane for use by pentane
blenders, or importer of pentane for use by a pentane blender that
produces or imports any pentane for use by a pentane blender pursuant to
the requirements of Sec. 80.86 shall submit annual reports to the
Administrator for each facility at which pentane for use by pentane
blenders was produced and for all such pentane imported by each
importer.
(1) All the following information shall be included in each annual
report for each batch of pentane for use by pentane blenders which is
produced or imported from January 1 to December 31 of each year:
(i) The batch number.
(ii) The date of production.
(iii) The volume of the batch.
(iv) Whether the batch was produced to the standards for blender-
commercial grade pentane pursuant to Sec. 80.86(a)(3) or blender non-
commercial grade pentane pursuant to Sec. 80.86(a)(4).
(v) The properties, pursuant to the testing requirements of Sec.
80.86(a)(3) or (a)(4) as applicable.
(vi) A statement that the batch of pentane is composed solely of
carbon, hydrogen, oxygen, nitrogen, and sulfur.
(vii) For any importer, the PADD in which the import facility is
located.
(2) Each annual report shall include the total volume of blender
commercial grade pentane pursuant to Sec. 80.86(a)(3) or blender-non-
commercial grade pentane pursuant to Sec. 80.86(a)(4) for the reporting
period.
(3) Annual reports shall be submitted by March 31 of each year.
[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36964, July 20, 1994; 60
FR 65574, Dec. 20, 1995; 62 FR 60135, Nov. 6, 1997; 66 FR 67106, Dec.
28, 2001; 71 FR 74569, Dec. 15, 2005; 71 FR 26700, May 8, 2006; 79 FR
23641, Apr. 28, 2014; 80 FR 9094, Feb. 19, 2015]
Sec. 80.76 Registration of refiners, importers or oxygenate blenders.
(a) Registration with the Administrator of EPA is required for any
refiner and importer that produces or imports any reformulated gasoline
or RBOB, and any oxygenate blender that blends oxygenate into RBOB.
(b) Any person required to register shall do so by November 1, 1994,
or not later than three months in advance of the first date that such
person will produce or import reformulated gasoline or RBOB or
conventional gasoline, whichever is later.
(c) Registration shall be on forms prescribed by the Administrator,
and shall include the following information:
(1) The name, business address, contact name, and telephone number
of
[[Page 119]]
the refiner, importer, or oxygenate blender;
(2) For each separate refinery and oxygenate blending facility, the
facility name, physical location, contact name, telephone number, and
type of facility; and
(3) For each separate refinery and oxygenate blending facility, and
for each importer's operations in a single PADD:
(i) Whether records are kept on-site or off-site of the refinery or
oxygenate blending facility, or in the case of importers, the registered
address;
(ii) If records are kept off-site, the primary off-site storage
facility name, physical location, contact name, and telephone number;
and
(iii) The name, address, contact name and telephone number of the
independent laboratory used to meet the independent analysis
requirements of Sec. 80.65(f).
(d) EPA will supply a registration number to each refiner, importer,
and oxygenate blender, and a facility registration number for each
refinery and oxygenate blending facility that is identified, which shall
be used in all reports to the Administrator.
(e)(1) Any refiner, importer, or oxygenate blender shall submit
updated registration information to the Administrator within thirty days
of any occasion when the registration information previously supplied
becomes incomplete or inaccurate; except that
(2) EPA must be notified in writing of any change in designated
independent laboratory at least thirty days in advance of such change.
[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36965, July 20, 1994; 71
FR 74570, Dec. 15, 2005; 71 FR 26701, May 8, 2006]
Sec. 80.77 Product transfer documentation.
On each occasion when any person transfers custody or title to any
reformulated gasoline, RBOB, or pentane for use by a pentane blender
other than when gasoline is sold or dispensed for use in motor vehicles
at a retail outlet or wholesale purchaser-consumer facility, the
transferor shall provide to the transferee documents which include the
following information:
(a) The name and address of the transferor;
(b) The name and address of the transferee;
(c) The volume of gasoline, RBOB, or pentane for use by a pentane
blender which is being transferred;
(d) The location of the gasoline or pentane for use by a pentane
blender at the time of the transfer;
(e) The date of the transfer;
(f) The proper identification of the product as reformulated
gasoline, RBOB, or pentane for use by a pentane blender; and
(g) In the case of reformulated gasoline or RBOB:
(1) The proper identification as:
(i)(A) VOC-controlled for VOC-Control Region 1; or VOC-controlled
for VOC-Control Region 2; or Not VOC-controlled; or
(B) In the case of gasoline or RBOB that is VOC-controlled for VOC-
Control Region 1, the gasoline may be identified as suitable for use
either in VOC-Control Region 1 or VOC-Control Region 2;
(ii) [Reserved]
(iii) Prior to January 1, 1998, certified under the simple model
standards or certified under the complex model standards; and
(2) The minimum and/or maximum standards with which the gasoline or
RBOB conforms for:
(i) Benzene content;
(ii) [Reserved]
(iii) In the case of VOC-controlled gasoline subject to the simple
model standards, RVP;
(iv) In the case of gasoline subject to the complex model standards:
(A) Prior to January 1, 1998, the NOx emissions performance minimum,
and for VOC-controlled gasoline the VOC emissions performance minimum,
in milligrams per mile; and
(B) Beginning on January 1, 1998, for VOC-controlled gasoline, the
VOC emissions performance minimum.
(3) Identification of VOC-controlled reformulated gasoline or RBOB
as gasoline or RBOB which contains ethanol, or which does not contain
any ethanol; and
(4) For transfers of custody of gasoline subject to the provisions
of Sec. 80.69(a)(11), the information required
[[Page 120]]
to be included on product transfer documents under Sec.
80.69(a)(11)(vii)(A).
(h) Prior to January 1, 1998, in the case of reformulated gasoline
or RBOB subject to the complex model standards:
(1) The name and EPA registration number of the refinery at which
the gasoline was produced, or importer that imported the gasoline; and
(2) Instructions that the gasoline or RBOB may not be combined with
any other gasoline or RBOB that was produced at any other refinery or
was imported by any other importer;
(i) In the case of RBOB:
(1) The designation of the RBOB as suitable for blending with:
(i) Any-oxygenate;
(ii) Ether-only; or
(iii) Other specified oxygenate type(s) and amount(s);
(2) The oxygenate type(s) and amount(s) that are intended for
blending with the RBOB;
(3) Instructions that the RBOB may not be combined with any other
RBOB except other RBOB having the same requirements for oxygenate
type(s) and amount(s), or, prior to blending, with reformulated
gasoline.
[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36965, July 20, 1994; 62
FR 60136, Nov. 6, 1997; 62 FR 68207, Dec. 31, 1997; 71 FR 74570, Dec.
15, 2005; 71 FR 26701, May 8, 2006; 71 FR 31961, June 2, 2006; 79 FR
23643, Apr. 28, 2014]
Sec. 80.78 Controls and prohibitions on reformulated gasoline.
(a) Prohibited activities. (1) No person may manufacture and sell or
distribute, offer for sale or distribution, dispense, supply, offer for
supply, store, transport, or cause the transportation of any gasoline
represented as reformulated and intended for sale or use in any covered
area:
(i) Unless each gallon of such gasoline meets the applicable benzene
maximum standard specified in Sec. 80.41;
(ii)-(iii) [Reserved]
(iv) Unless the product transfer documentation for such gasoline
complies with the requirements in Sec. 80.77; and
(v) During the period May 1 through September 15 for all persons
except retailers and wholesale purchaser-consumers, and during the
period June 1 through September 15 for all persons including retailers
and wholesale purchaser-consumers:
(A) Unless each gallon of such gasoline is VOC-controlled for the
proper VOC Control Region, except that gasoline designated for VOC-
Control Region 1 may be used in VOC-Control Region 2;
(B) Unless each gallon of such gasoline that is subject to simple
model standards has an RVP which is less than or equal to the applicable
RVP maximum specified in Sec. 80.41;
(C) Unless each gallon of such gasoline that is subject to complex
model standards has a VOC emissions reduction percentage which is
greater than or equal to the applicable minimum specified in Sec.
80.41.
(2) No refiner or importer may produce or import any gasoline
represented as reformulated or RBOB, and intended for sale or use in any
covered area:
(i) Unless such gasoline meets the definition of reformulated
gasoline or RBOB; and
(ii) Unless the properties of such gasoline or RBOB correspond to
the product transfer documents.
(3) [Reserved]
(4) Gasoline shall be presumed to be intended for sale or use in a
covered area unless:
(i) Product transfer documentation as described in Sec. 80.77
accompanying such gasoline clearly indicates the gasoline is intended
for sale and use only outside any covered area; or
(ii) The gasoline is contained in the storage tank of a retailer or
wholesale purchaser-consumer outside any covered area.
(5) No person may combine any reformulated gasoline with any
conventional gasoline or blendstock, except that a refiner may do so at
a refinery under the requirements specified in Sec. 80.65(i), or if the
combined product is designated as conventional gasoline.
(6) No person may add any oxygenate to reformulated gasoline, except
that such oxygenate may be added to reformulated gasoline provided that
such gasoline is used in an oxygenated fuels program control area during
an oxygenated fuels control period.
[[Page 121]]
(7) No person may combine any reformulated gasoline blendstock for
oxygenate blending with any other gasoline, blendstock, or oxygenate
except:
(i) Oxygenate of the type and amount (or within the range of
amounts) specified by the refiner or importer at the time the RBOB was
produced or imported;
(ii) Other RBOB for which the same oxygenate type and amount (or
range of amounts) was specified by the refiner or importer; or
(iii) Under the terms of paragraph (a)(5) of this section.
(8)(i) No person may combine any ethanol-blended VOC-controlled
reformulated gasoline with any non-ethanol-blended VOC-controlled
reformulated gasoline during the period January 1 through September 15,
except that:
(ii) Notwithstanding the prohibition in paragraph (a)(8)(i),
retailers and wholesale purchaser-consumers may combine at a retail
outlet or wholesale purchaser-consumer facility ethanol-blended VOC-
controlled reformulated gasoline with non-ethanol-blended VOC-controlled
reformulated gasoline, provided that the retailer or wholesale
purchaser-consumer:
(A) Combines only batches of reformulated gasoline that have been
certified under this subpart;
(B) Notifies EPA prior to combining the gasolines and identifies the
exact location of the retail outlet or wholesale purchase-consumer
facility and the specific tank in which the gasolines will be combined;
(C) Retains and, upon request by EPA, makes available for inspection
product transfer documentation accounting for all gasoline at the retail
outlet or wholesale purchaser-consumer facility; and
(D) Does not combine any VOC-controlled gasoline with any non-VOC
controlled gasoline between June 1 and September 15 of each calendar
year;
(iii) A retailer or wholesale purchaser-consumer may combine
ethanol-blended reformulated gasoline with non-ethanol-blended
reformulated gasoline under paragraph (a)(8)(ii) of this section a
maximum of two periods between May 1 and September 15 of each calendar
year, each such period to extend for a period of no more than ten
consecutive calendar days. At the end of the ten-day period, the
gasoline must be in compliance with the VOC minimum standard under Sec.
80.41.
(A) The retailer or wholesale purchaser-consumer may demonstrate
compliance with the VOC minimum standard by testing the gasoline at the
end of the ten-day period using the test methods in Sec. 80.46, where
the test results show that the gasoline meets the VOC minimum standard.
Under this option, the retailer or wholesale purchaser-consumer may add
both ethanol-blended reformulated gasoline and non-ethanol-blended
reformulated gasoline to the same tank an unlimited number of times
during the ten-day period; or
(B) The retailer or wholesale purchaser-consumer will be deemed in
compliance with the VOC minimum standard where the retailer or wholesale
purchaser-consumer draws the tank down as low as practicable before
receiving product of the other type into the tank and receives only
product of the other type into the tank during the ten-day period. Under
this option, the retailer or wholesale purchaser-consumer is not
required to test the gasoline at the end of the ten-day period.
(iv) Nothing in paragraphs (a)(8)(ii) or (iii) of this section shall
preempt existing State laws or regulations regulating the combining of
ethanol-blended reformulated gasoline with non-ethanol-blended
reformulated gasoline or prohibit a State from adopting such laws or
regulations in the future.
(9) Prior to January 1, 1998:
(i) No person may combine any reformulated gasoline or RBOB that is
subject to the simple model standards with any reformulated gasoline or
RBOB that is subject to the complex model standards, except that such
gasolines may be combined at a retail outlet or wholesale purchaser-
consumer facility;
(ii) No person may combine any reformulated gasoline subject to the
complex model standards that is produced at any refinery or is imported
by
[[Page 122]]
any importer with any other reformulated gasoline that is produced at a
different refinery or is imported by a different importer, unless the
other refinery or importer has an identical baseline for meeting complex
model standards during this period; and
(iii) No person may combine any RBOB subject to the complex model
standards that is produced at any refinery or is imported by any
importer with any RBOB that is produced at a different refinery or is
imported by a different importer, unless the other refinery or importer
has an identical baseline for meeting complex model standards during
this period.
(10) The prohibitions against combining certain categories of
gasoline under paragraphs (a)(5), (a)(7) and (a)(8) of this section do
not apply in the case of a party who is changing the type of gasoline
stored in a gasoline storage tank or the type of gasoline transported
through a gasoline pipe or manifold within a single facility (a gasoline
storage tank, pipe, or manifold change of service), or in the case of a
change of service that involves mixing gasoline with blendstock,
provided that:
(i) The change of service is for a legitimate operational reason and
is not for the purpose of combining the categories of gasoline or of
combining gasoline with blendstock;
(ii) Prior to adding product of the new category the volume of
product of the old category in the tank, pipe or manifold is made as low
as possible through normal pumping operations;
(iii) The volume of product of the new category that is added to the
tank, pipe or manifold is as large as possible taking into account the
availability of product of the new category; and
(iv) In any case where the new category of product is reformulated
gasoline, subsequent to adding the gasoline of the new category, a
representative sample from the tank, pipe or manifold is collected and
analyzed, and such analysis shows compliance with each standard under
Sec. 80.41 that is relevant to the new gasoline category. The analysis
for each standard must be conducted using the method specified under
Sec. 80.46, or using another method that is approved by the American
Society of Testing and Materials (ASTM), provided that the protocols of
the ASTM method are followed and the alternative method is correlated to
the method specified under Sec. 80.46.
(11) The prohibition against combining reformulated gasoline with
RBOB under paragraph (a)(7) of this section does not apply in the case
of a party who is changing the type of product stored in a tank from
which trucks are loaded, from reformulated gasoline to RBOB, or vice
versa, provided that:
(i) The change of service requirements described in paragraph
(a)(10) of this section cannot be met without taking the storage tank
out of service;
(ii) Prior to adding product of the new category the volume of
product of the old category in the tank is drawn down to the lowest
point which allows trucks to be loaded during the transition;
(iii) The volume of product of the new category that is added to the
tank is as large as possible taking into account the availability of
product of the new category;
(iv) When transitioning from RBOB to reformulated gasoline, the
reformulated gasoline must meet all applicable standards that apply at
the terminal subsequent to any oxygenate blending;
(v) When transitioning from reformulated gasoline to RBOB:
(A) The oxygen content of the reformulated gasoline produced using
the RBOB must be not less than the minimum oxygen amount specified in
the RBOB product transfer documents;
(B) Subsequent to any oxygenate blending, the reformulated gasoline
produced using the RBOB must meet all applicable standards that apply at
the terminal; and
(C) The transition from reformulated gasoline to RBOB may not begin
until the date the VOC-control standards no longer apply to the
terminal; and
(vi) The party must demonstrate compliance with the requirements
specified in paragraphs (a)(11)(iv) and (v) of this section through
testing of samples collected from the terminal storage tank and from
trucks loaded at the terminal subsequent to each receipt of new product
until the transition is complete. The analyses must be conducted using
the test method specified under Sec. 80.46, or using another test
[[Page 123]]
method that is approved by the American Society of Testing and Materials
(ASTM), provided that the protocols of the ASTM method are followed and
the alternative method is correlated with the method specified under
Sec. 80.46.
(12)(i) The prohibited activities specified in paragraph (a)(1) of
this section do not apply in the case of gasoline that is used to fuel
aircraft, or racing motor vehicles or racing boats that are used only in
sanctioned racing events, provided that product transfer documents
associated with such gasoline, and any pump stand from which such
gasoline is dispensed, identify the gasoline either as conventional
gasoline that is restricted for use in aircraft, or as conventional
gasoline that is restricted for use in racing motor vehicles or racing
boats that are used only in sanctioned racing events.
(ii) A vehicle shall be considered to be a racing vehicle only if
the vehicle:
(A) Is operated in conjunction with sanctioned racing events;
(B) Exhibits racing features and modifications such that it is
incapable of safe and practical street or highway use;
(C) Is not licensed, and is not licensable, by any state for
operation on public streets or highways;
(D) Is not operated on public streets or highways; and
(E) Could not be converted to public street or highway use at a cost
that is reasonable compared to the value of the vehicle.
(b) Liability. Liability for violations of paragraph (a) of this
section shall be determined according to the provisions of Sec. 80.79.
(c) Determination of compliance. Compliance with the standards
listed in paragraph (a) of this section shall be determined by use of
one of the testing methodologies specified in Sec. 80.46, except that
where test results using the testing methodologies specified in Sec.
80.46 are not available or where such test results are available but are
in question, EPA may establish noncompliance with standards using any
information, including the results of testing using methods that are not
included in Sec. 80.46.
(d) Dates controls and prohibitions begin. The controls and
prohibitions specified in paragraph (a) of this section apply at any
location other than retail outlets and wholesale purchaser-consumer
facilities on or after December 1, 1994, at any location on or after
January 1, 1995.
[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36965, July 20, 1994; 62
FR 60136, Nov. 6, 1997; 62 FR 68207, Dec. 31, 1997; 66 FR 67106, Dec.
28, 2001; 71 FR 74570, Dec. 15, 2005; 71 FR 8972, 8985, Feb. 22, 2006;
71 FR 26420, May 5, 2006; 71 FR 26701, May 8, 2006]
Sec. 80.79 Liability for violations of the prohibited activities.
(a) Persons liable. Where the gasoline contained in any storage tank
at any facility owned, leased, operated, controlled or supervised by any
refiner, importer, oxygenate blender, carrier, distributor, reseller,
retailer, or wholesale purchaser-consumer is found in violation of the
prohibitions described in Sec. 80.78(a), the following persons shall be
deemed in violation:
(1) Each refiner, importer, oxygenate blender, carrier, distributor,
reseller, retailer, or wholesale purchaser-consumer who owns, leases,
operates, controls or supervises the facility where the violation is
found;
(2) Each refiner or importer whose corporate, trade, or brand name,
or whose marketing subsidiary's corporate, trade, or brand name, appears
at the facility where the violation is found;
(3) Each refiner, importer, oxygenate blender, distributor, and
reseller who manufactured, imported, sold, offered for sale, dispensed,
supplied, offered for supply, stored, transported, or caused the
transportation of any gasoline which is in the storage tank containing
gasoline found to be in violation; and
(4) Each carrier who dispensed, supplied, stored, or transported any
gasoline which is in the storage tank containing gasoline found to be in
violation, provided that EPA demonstrates, by reasonably specific
showings by direct or circumstantial evidence, that the carrier caused
the violation.
(5) Notwithstanding the provisions in paragraphs (a)(1) through
(a)(4) of this section: (i) Only a retailer or wholesale purchaser-
consumer shall be deemed in violation for combining gasolines in a
manner that is inconsistent with
[[Page 124]]
Sec. 80.78(a)(8)(ii) or (iii), or for gasoline which does not comply
with the VOC minimum standard under Sec. 80.41 after the retailer or
wholesale purchaser-consumer combines or causes the combining of
compliant gasolines in a manner inconsistent with Sec. 80.78(a)(8)(ii)
or (iii);
(ii) No person shall be deemed in violation for gasoline which does
not comply with the VOC minimum standard under Sec. 80.41 where the
non-compliance is solely due to the combining of compliant gasolines by
a retailer or wholesale purchaser-consumer in a manner that is
consistent with Sec. 80.78(a)(8)(ii) and (iii).
(b) Defenses for prohibited activities. (1) In any case in which a
refiner, importer, oxygenate blender, carrier, distributor, reseller,
retailer, or wholesale purchaser-consumer would be in violation under
paragraph (a) of this section, it shall be deemed not in violation if it
can demonstrate:
(i) That the violation was not caused by the regulated party or its
employee or agent;
(ii) That product transfer documents account for all of the gasoline
in the storage tank found in violation and indicate that the gasoline
met relevant requirements; and
(iii)(A) That it has conducted a quality assurance sampling and
testing program, as described in paragraph (c) of this section; except
that
(B) A carrier may rely on the quality assurance program carried out
by another party, including the party that owns the gasoline in
question, provided that the quality assurance program is carried out
properly.
(2)(i) Where a violation is found at a facility which is operating
under the corporate, trade or brand name of a refiner, that refiner must
show, in addition to the defense elements required by paragraph (b)(1)
of this section, that the violation was caused by:
(A) An act in violation of law (other than the Act or this part), or
an act of sabotage or vandalism;
(B) The action of any reseller, distributor, oxygenate blender,
carrier, or a retailer or wholesale purchaser- consumer supplied by any
of these persons, in violation of a contractual undertaking imposed by
the refiner designed to prevent such action, and despite periodic
sampling and testing by the refiner to ensure compliance with such
contractual obligation; or
(C) The action of any carrier or other distributor not subject to a
contract with the refiner but engaged by the refiner for transportation
of gasoline, despite specification or inspection of procedures and
equipment by the refiner which are reasonably calculated to prevent such
action.
(ii) In this paragraph (b), to show that the violation ``was
caused'' by any of the specified actions the party must demonstrate by
reasonably specific showings, by direct or circumstantial evidence, that
the violation was caused or must have been caused by another.
(c) Quality assurance program. In order to demonstrate an acceptable
quality assurance program for reformulated gasoline at all points in the
gasoline distribution network, other than at retail outlets and
wholesale purchaser-consumer facilities, a party must present evidence
of the following.
(1) Of a periodic sampling and testing program to determine if the
applicable maximum and/or minimum standards for oxygen, benzene, RVP, or
VOC emission performance are met. For gasoline subject to the provisions
in Sec. 80.81, a party is not required to conduct periodic sampling and
testing to determine compliance with the oxygen minimum standard.
(2) That on each occasion when gasoline is found in noncompliance
with one of the requirements referred to in paragraph (c)(1) of this
section:
(i) The party immediately ceases selling, offering for sale,
dispensing, supplying, offering for supply, storing, transporting, or
causing the transportation of the violating product; and
(ii) The party promptly remedies the violation (such as by removing
the violating product or adding more complying product until the
applicable standards are achieved).
(3) An oversight program conducted by a carrier under paragraph
(c)(1) of this section need not include periodic sampling and testing of
gasoline in a tank truck operated by a common carrier, but in lieu of
such tank truck sampling and testing the common carrier shall
demonstrate evidence of an
[[Page 125]]
oversight program for monitoring compliance with the requirements of
Sec. 80.78 relating to the transport or storage of gasoline by tank
truck, such as appropriate guidance to drivers on compliance with
applicable requirements and the periodic review of records normally
received in the ordinary course of business concerning gasoline quality
and delivery.
[38 FR 1255, Jan. 10, 1973, as amended at 62 FR 68207, Dec. 31, 1997; 71
FR 8973, 8985, Feb. 22, 2006; 71 FR 26420, May 5, 2006; 71 FR 26701, May
8, 2006; 71 FR 27533, May 11, 2006]
Sec. 80.80 Penalties.
(a) Any person that violates any requirement or prohibition of
subpart D, E, or F of this part shall be liable to the United States for
a civil penalty of not more than the sum of $25,000 for every day of
each such violation and the amount of economic benefit or savings
resulting from each such violation.
(b) Any violation of a standard for average compliance during any
averaging period, or for per-gallon compliance for any batch of gasoline
or blender grade pentane, shall constitute a separate violation for each
and every standard that is violated.
(c) Any violation of any standard based upon a multi-day averaging
period shall constitute a separate day of violation for each and every
day in the averaging period. Any violation of any credit creation or
credit transfer requirement shall constitute a separate day of violation
for each and every day in the averaging period.
(d)(1) Any violation of any per-gallon standard or of any per-gallon
minimum or per-gallon maximum, other than the standards specified in
paragraph (e) of this section, shall constitute a separate day of
violation for each and every day such gasoline or blender grade pentane
giving rise to such violations remains any place in the gasoline or
blender grade pentane distribution system, beginning on the day that the
gasoline or blender grade pentane that violates such per-gallon standard
is produced or imported and distributed and/or offered for sale, and
ending on the last day that any such gasoline or blender grade pentane
is offered for sale or is dispensed to any ultimate consumer for use in
any motor vehicle; unless the violation is corrected by altering the
properties and characteristics of the gasoline or blender grade pentane
giving rise to the violations and any mixture of gasolines or blender
grade pentane that contains any of the gasoline or blender grade pentane
giving rise to the violations such that said gasoline or mixture of
gasolines or said blender grade pentane or mixture of blender grade
pentanes has the properties and characteristics that would have existed
if the gasoline or blender grade pentane giving rise to the violations
had been produced or imported in compliance with all per-gallon
standards.
(2) For the purposes of this paragraph (d), the length of time the
gasoline or blender grade pentane in question remained in the gasoline
or blender grade pentane distribution system shall be deemed to be
twenty-five days; unless the respective party or EPA demonstrates by
reasonably specific showings, by direct or circumstantial evidence, that
the gasoline or blender grade pentane giving rise to the violations
remained any place in the gasoline or blender grade pentane distribution
system for fewer than or more than twenty-five days.
(e)(1) Any reformulated gasoline that is produced or imported and
offered for sale and for which the requirements to determine the
properties and characteristics under Sec. 80.65(f) is not met, or any
conventional gasoline for which the refiner or importer does not sample
and test to determine the relevant properties, shall be deemed:
(i)(A) Except as provided in paragraph (e)(1)(i)(B) of this section
to have the following properties:
Sulfur content--970 ppm
Benzene content--5 vol %
RVP (summer)--11 psi
50% distillation--250 [deg]F
90% distillation--375 [deg]F
Oxygen content--0 wt %
Aromatics content--50 vol %
Olefins content--26 vol %
(B) To have the following properties in paragraph (e)(1)(i)(A) of
this section unless the respective party or EPA demonstrates by
reasonably specific showings, by direct or circumstantial evidence,
different properties for the
[[Page 126]]
gasoline giving rise to the violations; and
(ii) In the case of reformulated gasoline, to have been designated
as meeting all applicable standards on a per-gallon basis.
(2) For the purposes of paragraph (e)(1) of this section, any
refiner or importer that fails to meet the independent analysis
requirements of Sec. 80.65(f) may not use the results of sampling and
testing that is carried out by that refiner or importer as direct or
circumstantial evidence of the properties of the gasoline giving rise to
the violations, unless this failure was not caused by the refiner or
importer.
(f) Any violation of any affirmative requirement or prohibition not
included in paragraph (c) or (d) of this section shall constitute a
separate day of violation for each and every day such affirmative
requirement is not properly accomplished, and/or for each and every day
the prohibited activity continues. For those violations that may be
ongoing under subparts D, E, and F of this part, each and every day the
prohibited activity continues shall constitute a separate day of
violation.
[59 FR 7813, Feb. 16, 1994, as amended at 79 FR 23643, Apr. 28, 2014]
Sec. 80.81 Enforcement exemptions for California gasoline.
(a)(1) The requirements of subparts D, E, F, and J of this part are
modified in accordance with the provisions contained in this section in
the case of California gasoline.
(2) For purposes of this section, ``California gasoline'' means any
gasoline that is sold, intended for sale, or made available for sale as
a motor vehicle fuel in the State of California and that:
(i) Is manufactured within the State of California;
(ii) Is imported into the State of California from outside the
United States; or
(iii) Is imported into the State of California from inside the
United States and that is manufactured at a refinery that does not
produce reformulated gasoline for sale in any covered area outside the
State of California.
(b)(1) Any refiner or importer of gasoline that is sold, intended
for sale, or made available for sale as a motor fuel in the State of
California is, with regard to such gasoline, exempt from the compliance
survey provisions contained in Sec. 80.68.
(2) Any refiner or importer of California gasoline is, with regard
to such gasoline, exempt from the independent analysis requirements
contained in Sec. 80.65(f).
(3) Any refiner, importer, or oxygenate blender of California
gasoline that elects to meet any benzene content, oxygen content, or
toxics emission reduction standard specified in Sec. 80.41 on average
for any averaging period specified in Sec. 80.67 that is in part before
March 1, 1996, and in part subsequent to such date, shall, with regard
to such gasoline that is produced or imported prior to such date,
demonstrate compliance with each of the standards specified in Sec.
80.41 for each of the following averaging periods in lieu of those
specified in Sec. 80.67:
(i) January 1 through December 31, 1995; and
(ii) March 1, 1995, through February 29, 1996.
(4) The compliance demonstration required by paragraph (b)(3)(ii) of
this section shall be submitted no later than May 31, 1996, along with
the report for the first quarter of 1996 required to be submitted under
Sec. 80.75(a)(1)(i).
(c) Any refiner, importer, or oxygenate blender of California
gasoline that is manufactured or imported subsequent to March 1, 1996
and that meets the requirements of the California Phase 2 or Phase 3
reformulated gasoline regulations, as set forth in Title 13, California
Code of Regulations, section 2250 et seq. (May 1, 2003), is with regard
to such gasoline, exempt from the following requirements (in addition to
the requirements specified in paragraph (b) of this section:
(1) The parameter value reconciliation requirements contained in
Sec. 80.65(e)(2);
(2) The designation of gasoline requirements contained in Sec.
80.65(d), except in the case of RBOB that is designated as ``any
renewable oxygenate,''
[[Page 127]]
``non-VOC controlled renewable ether only'', or ``renewable ether
only'';
(3) The reformulated gasoline and RBOB compliance requirements
contained in Sec. 80.65(c);
(4) [Reserved]
(5) The annual compliance audit requirements contained in Sec.
80.65(h), except where such audits are required with regard to the
renewable oxygenate requirements contained in Sec. 80.83;
(6) The downstream oxygenate blending requirements contained in
Sec. 80.69, except where such requirements apply to the renewable
oxygenate requirements contained in Sec. 80.83;
(7) The record keeping requirements contained in Sec. Sec. 80.74
and 80.104, except that records required to be maintained under Title
13, California Code of Regulations, section 2270, shall be maintained
for a period of five years from the date of creation and shall be
delivered to the Administrator or to the Administrator's authorized
representative upon request;
(8) The reporting requirements contained in Sec. Sec. 80.75 and
80.105;
(9) The product transfer documentation requirements contained in
Sec. 80.77; and
(10) The compliance attest engagement requirements contained in
subpart F of this part, except where such requirements apply to the
renewable oxygenate requirements contained in Sec. 80.83.
(d) Any refiner or importer that produces or imports gasoline that
is sold, intended for sale, or made available for sale as a motor
vehicle fuel in the State of California subsequent to March 1, 1996,
shall demonstrate compliance with the standards specified in Sec. Sec.
80.41 and 80.90 by excluding the volume and properties of such gasoline
from all conventional gasoline and reformulated gasoline that it
produces or imports that is not sold, intended for sale, or made
available for sale as a motor vehicle fuel in the State of California
subsequent to such date. The exemption provided in this section does not
exempt any refiner or importer from demonstrating compliance with such
standards for all gasoline that it produces or imports.
(e)(1) The exemption provisions contained in paragraphs (b)(2),
(b)(3), (c), and (f) of this section shall not apply under the
circumstances set forth in paragraphs (e)(2) and (e)(3) of this section.
(2) [Reserved]
(3)(i) Such exemption provisions shall not apply to any refiner or
importer of California gasoline who has been assessed a civil, criminal
or administrative penalty for a violation of subpart D, E or F of this
part or for a violation of the California Phase 2 reformulated gasoline
regulations set forth in Title 13, California Code of Regulations,
sections 2260 et seq., effective 90 days after the date of final agency
or district court adjudication of such penalty assessment.
(ii) Any refiner or importer subject to the provisions of paragraph
(e)(3)(i) of this section may submit a petition to the Administrator for
relief, in whole or in part, from the applicability of such provisions,
for good cause. Good cause may include a showing that the violation for
which a penalty was assessed was not a substantial violation of the
Federal California reformulated gasoline regulations.
(f) In the case of any gasoline that is sold, intended for sale, or
made available for sale as a motor vehicle fuel in the State of
California subsequent to March 1, 1996, any person that manufactures,
sells, offers for sale, dispenses, supplies, offers for supply, stores,
transports, or causes the transportation of such gasoline is, with
regard to such gasoline, exempt from the following prohibited activities
provisions:
(1) The oxygenated fuels provisions contained in Sec.
80.78(a)(1)(iii);
(2) The product transfer provisions contained in Sec.
80.78(a)(1)(iv);
(3) The oxygenate blending provisions contained in Sec.
80.78(a)(7); and
(4) The segregation of simple and complex model certified gasoline
provision contained in Sec. 80.78(a)(9).
(g)(1) Any refiner that operates a refinery located outside the
State of California at which California gasoline is produced (as defined
in paragraph (a)(2)(ii) or (iii) of this section) is produced shall,
with regard to such gasoline, provide to any person to whom custody or
title of such gasoline has transferred, and each transferee shall
[[Page 128]]
provide to any subsequent transferee, documents which include the
following information:
(i) The name and address of the transferor;
(ii) The name and address of the transferee;
(iii) The volume of gasoline which is being transferred;
(iv) The location of the gasoline at the time of the transfer;
(v) The date and time of the transfer;
(vi) The identification of the gasoline as California gasoline.
(2) Each refiner and transferee of such gasoline shall maintain
copies of the product transfer documents required to be provided by
paragraph (g)(1) of this section for a period of five years from the
date of creation and shall deliver such documents to the Administrator
or to the Administrator's authorized representative upon request.
(h)(1) For the purposes of the batch sampling and analysis
requirements contained in Sec. 80.65(e)(1) and Sec.
80.101(i)(1)(i)(A), any refiner or importer of California gasoline may
use a sampling and/or analysis methodology prescribed in Title 13,
California Code of Regulations, section 2260 et seq. (as amended July 2,
1996), in lieu of any applicable methodology specified in Sec. 80.46,
with regards to:
(i) Such gasoline; or
(ii) That portion of its gasoline produced or imported for use in
other areas of the United States, provided that:
(A) The gasoline must be produced by a refinery that is located in
the state of California that produces California gasoline, or imported
into California from outside the United States as California gasoline;
(B) The gasoline must be classified as conventional gasoline upon
exportation from the California; and
(C) The refiner or importer must correlate the results from the
applicable sampling and/or analysis methodology prescribed in Title 13,
California Code of Regulations, section 2250 et seq. (May 1, 2003) with
the method specified in Sec. 80.46, and such correlation must be
adequately demonstrated to EPA upon request.
(2) Nothwithstanding the requirements of Sec. 80.65(e)(1) regarding
when the properties of a batch of reformulated gasoline must be
determined, a refiner of California gasoline may determine the
properties of gasoline as specified under Sec. 80.65(e)(1) at off site
tankage provided that:
(i) The samples are properly collected under the terms of a current
and valid protocol agreement between the refiner and the California Air
Resources Board with regard to sampling at the off site tankage and
consistent with the requirements prescribed in Title 13, California Code
of Regulations, section 2250 et seq. (May 1, 2003); and
(ii) The refiner provides a copy of the protocol agreement to EPA
upon request.
[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36965, July 20, 1994; 59
FR 39289, Aug. 2, 1994; 59 FR 60715, Nov. 28, 1994; 63 FR 34825, June
26, 1998; 64 FR 49997, Sept. 15, 1999; 66 FR 17263, Mar. 29, 2001; 70 FR
75920, Dec. 21, 2005; 70 FR 74570, Dec. 15, 2005; 71 FR 8973, Feb. 22,
2006; 71 FR 26701, May 8, 2006]
Effective Date Note: At 59 FR 39289, Aug. 2, 1994, Sec. 80.81 was
amended by revising paragraphs (c)(2), (c)(5), (c)(6), and (c)(10)
effective Sept. 1, 1994. At 59 FR 60715, Nov. 28, 1994, the amendment
was stayed effective Sept. 13, 1994. At 70 FR 74570, Dec. 15, 2005,
Sec. 80.81 was amended by revising paragraphs (c)(2), (c)(5), (c)(6),
and (c)(10); however, the amendment could not be incorporated because
those paragraphs are stayed.
Sec. 80.82 Butane blending.
A refiner for any refinery that produces gasoline by blending butane
with previously certified gasoline (PCG) may meet the sampling and
testing requirements for this part as follows:
(a) Except as provided in paragraphs (e) and (i) of this section,
any refinery that blends butane for which the refinery has documents
from the butane supplier which demonstrate that the butane is commercial
grade, as defined in paragraph (c) of this section, may demonstrate
compliance with the standards in this part based on the properties
specified in paragraph (c) of this section, or the properties specified
by the butane supplier.
(b)(1) Except as provided in paragraphs (e) and (i) of this section,
any refiner that blends butane for which
[[Page 129]]
the refiner has documents from the butane supplier which demonstrate
that the butane is non-commercial grade, as defined in paragraph (d) of
this section, may demonstrate compliance with the standards in this part
based on the properties specified in paragraph (d) of this section, or
the properties specified by the butane supplier, provided that the
refinery--
(i) Conducts a quality assurance program of sampling and testing the
butane obtained from each separate butane supplier which demonstrates
that the butane has the properties specified in paragraph (d) of this
section; and
(ii) The frequency of sampling and testing for the butane received
from each butane supplier must be one sample for every 500,000 gallons
of butane received, or one sample every three months, whichever is more
frequent.
(2) Where test results indicate the butane does not meet the
requirements in paragraph (b)(1) of this section, the refiner may--
(i) Blend the butane with conventional gasoline, or reformulated
gasoline that has been downgraded to conventional gasoline, provided the
equivalent emissions performance of the butane batch, as determined
using the provisions in Sec. 80.101(g)(3), meets the refinery's
standards under Sec. 80.101 and the refiner meets all of the standards
and requirements applicable to refiners of conventional gasoline under
this part;
(ii) Blend the butane with reformulated gasoline or RBOB, provided
that the final batch of butane blended with reformulated gasoline or
RBOB meets the applicable per-gallon standards in Sec. 80.41(e), as
determined using the test methods in Sec. 80.46 or Sec. 80.47, as
applicable.
(c) Commercial grade butane is defined as butane for which test
results demonstrate that the butane is 95% pure and has all the
following properties:
(1) Olefins <=1.0 vol%.
(2) Aromatics <=2.0 vol%.
(3) Benzene <=0.03 vol%.
(4) Sulfur <=30 ppm from January 1, 2005 through December 31, 2016;
<=10 ppm beginning January 1, 2017 and thereafter.
(d) Non-commercial grade butane is defined as butane for which test
results demonstrate the butane has all the following properties:
(1) Olefins <=10.0 vol%.
(2) Aromatics <=2.0 vol%.
(3) Benzene <=0.03 vol%.
(4) Sulfur <=30 ppm beginning January 1, 2005 through December 31,
2016; <=10 ppm beginning January 1, 2017 and thereafter.
(e)(1) When butane is blended with conventional gasoline under this
section during the period May 1 through September 15, the refiner shall
demonstrate through sampling and testing, using the test method for Reid
vapor pressure in Sec. 80.46 or Sec. 80.47, as applicable, that each
batch of conventional gasoline blended with butane meets the volatility
standards specified in Sec. 80.27 and in any EPA approved SIP.
(2) Butane may not be blended with any reformulated gasoline or RBOB
during the period April 1 through September 30, or with any reformulated
gasoline or RBOB designated as VOC-controlled, under this section.
(f) When butane is blended with previously certified gasoline under
this section, product transfer documents which accompany the gasoline
blended with butane must comply with all of the requirements of Sec.
80.77 or Sec. 80.106, as appropriate.
(g) Butane blended with previously certified gasoline during a
period of up to one month may be included in a single batch for purposes
of reporting to EPA, however, commercial grade butane and non-commercial
grade butane must be reported as separate batches.
(h) Where a refiner chooses to include butane blended with gasoline
in the refinery's annual average compliance calculations--
(1) In the case of butane blended with conventional gasoline, the
equivalent emissions performance of the butane must be calculated in
accordance with the provisions of Sec. 80.101(g)(3). For purposes of
this paragraph (h)(1), the property values in Sec. 80.82(c) or (d), as
appropriate, may be used;
(2) In the case of butane blended with reformulated gasoline or
RBOB, compliance with the reformulated gasoline standards may not be
demonstrated using the provisions of this section;
(3) All butane blended into gasoline during the annual averaging
period
[[Page 130]]
must be included in annual average compliance calculations for the
refinery.
(i) A refiner who only blends commercial grade or non-commercial
grade butane into PCG may meet the sampling and testing requirements of
this part by meeting the requirements of paragraphs (a) through (f) and
(h)(3) of this section and all the following additional requirements:
(1) The per-gallon sulfur content of every batch of butane must not
exceed 30 ppm from January 1, 2005 through December 31, 2016, and 10 ppm
beginning January 1, 2017 and thereafter.
(2) The refiner obtains test results from the butane supplier that
demonstrate that the sulfur content of each load does not exceed the
applicable per-gallon sulfur standard under paragraph (i)(1) of this
section through test results of samples of butane contained in the
storage tank from which the butane blender is supplied.
(i) Sampling and testing for the sulfur content of the butane by the
supplier must be subsequent to each receipt of butane into the
supplier's storage tank or the sampling and testing must be immediately
before transfer of butane to the butane blender.
(ii) The testing must be performed in accord with the provisions of
Sec. 80.46, Sec. 80.47, or other test methods as approved by the
Administrator as applicable.
(iii) The butane blender must obtain a copy of the butane supplier's
test results at the time of each transfer of butane to the butane
blender.
(3) The sulfur content and volume of each batch of gasoline produced
is that of the butane that the refiner blends into PCG for the purposes
of calculating compliance with the applicable per-gallon sulfur
standard.
(4) The requirements of paragraphs (i)(1) through (3) of this
section apply regardless of whether the butane is commercial grade or
non-commercial grade.
(5) The quality assurance testing requirement of paragraph (b)(1) of
this section applies regardless of whether the butane is commercial
grade or non-commercial grade.
(6) If any of the requirements of this paragraph (i) are not met, in
whole or in part for any butane blended into gasoline, that butane is
deemed in violation of the gasoline standards in Sec. 80.1603(a).
(j) The PCG procedures of Sec. 80.1640 may be used to meet the
sampling and testing requirements of subpart O of this part.
[79 FR 23644, Apr. 28, 2014, as amended at 80 FR 9095, Feb. 19, 2015]
Sec. 80.83 Renewable oxygenate requirements.
(a) Definition of renewable oxygenate. For purposes of subparts D
and F of this part, renewable oxygenate is defined as provided in this
paragraph (a).
(1) In the case of oxygenate added to reformulated gasoline or RBOB
that is not designated as VOC-controlled or that is not subject to the
additional requirements associated with an extended non-commingling
season pursuant to Sec. 80.83(i), renewable oxygenate shall be:
(i) An oxygenate that is derived from non-fossil fuel feedstocks; or
(ii) An ether that is produced using an oxygenate that is derived
from non-fossil fuel feedstocks.
(2) In the case of oxygenate added to reformulated gasoline or RBOB
that is designated as VOC-controlled or that is subject to the
additional requirements associated with an extended non-commingling
season pursuant to Sec. 80.83(i), renewable oxygenate shall be an ether
that meets the requirements of paragraph (a)(1)(ii) or (a)(3) of this
section.
(3) An oxygenate other than those ethers specified in paragraphs
(a)(1) or (a)(2) of this section may be considered a renewable oxygenate
if the Administrator approves a petition to that effect. The
Administrator may approve such a petition if it is demonstrated to the
satisfaction of the Administrator that the oxygenate does not cause
volatility increases in gasoline that are non-linear in nature (i.e., a
non-linear vapor pressure blending curve). The Administrator may approve
a petition subject to any appropriate conditions or limitations.
(4)(i) Oxygenate shall be renewable only if the refiner, importer,
or oxygenate blender who uses the oxygenate
[[Page 131]]
is able to establish in the form of documentation that the oxygenate was
produced from a non-fossil fuel feedstock.
(ii)(A) Any person who produces renewable oxygenate, as defined in
paragraph (a)(1) of this section, or who stores, transports, transfers,
or sells such renewable oxygenate, and where such renewable oxygenate is
intended to be used in the production of gasoline, shall maintain
documents that state the renewable source of the oxygenate, and shall
supply to any transferee of the oxygenate documents which state the
oxygenate is from a renewable source.
(B) Any person who imports oxygenate that is represented by the
importer to be renewable oxygenate, as defined in paragraph (a) of this
section, shall maintain documents, obtained from the person who produced
the oxygenate, that include a certification signed by the owner or chief
executive officer of the company that produced the oxygenate that
states:
(1) The nature of the feedstock for the oxygenate; and
(2) A description of the manner in which the oxygenate meets the
renewable definition under paragraph (a) of this section.
(iii) No person may represent any oxygenate as renewable unless the
oxygenate meets the renewable definition under paragraph (a) of this
section.
(5) For purposes of this section, an oxygenate shall be considered
to be derived from non-fossil fuel feedstocks only if the oxygenate is:
(i) Derived from a source other than petroleum, coal, natural gas,
or peat; or
(ii) Derived from a product:
(A) That was produced using petroleum, coal, natural gas, or peat
through a substantial transformation of the fossil fuel;
(B) When the product was initially produced, it was not commonly
used to generate energy (e.g. automobile tires); and
(C) The product was sold or transferred for a use other than energy
generation, and was later treated as a waste product.
(b) Renewable oxygenate standard. (1) The reformulated gasoline and
reformulated gasoline produced using RBOB that is produced by any
refiner at each refinery, or is imported by any importer, shall contain
a volume of renewable oxygenate such that the reformulated gasoline and
reformulated gasoline produced using RBOB, on average, has an oxygen
content from such renewable oxygenate that is equal to or greater than
0.30 wt% for the period of December 1, 1994 through December 31, 1995,
and 0.60 wt% beginning on January 1, 1996.
(2) The averaging period for the renewable oxygenate standard
specified in paragraph (b)(1) of this section shall be:
(i) Each calendar year; except that
(ii) Any reformulated gasoline and RBOB that is produced or imported
prior to January 1, 1995 shall be averaged with reformulated gasoline
and RBOB produced or imported during 1995.
(3)(i) The oxygenate used to meet the standard under paragraph
(b)(1) of this section may also be used to meet any oxygen standard
under Sec. 80.41; except that
(ii) The renewable oxygenate added by a downstream oxygenate blender
shall not be used by any refiner or importer to meet the oxygen standard
under Sec. 80.41, except through the transfer of oxygen credits.
(c) Downstream oxygenate blending using renewable oxygenate. (1) In
the case of any refiner that produces RBOB, or any importer that imports
RBOB, the oxygenate that is blended with the RBOB may be included with
the refiner's or importer's compliance calculations under paragraph (d)
of this section only if:
(i) The oxygenate meets the applicable renewable oxygenate
definition under paragraph (a) of this section; and
(ii) The refiner or importer meets the downstream oxygenate blending
oversight requirements specified in Sec. Sec. 80.69(a)(6) and (7); or
(iii)(A) In the case of RBOB designated for ``any renewable
oxygenate'' the refiner or importer assumes that ethanol will be blended
with the RBOB;
(B) In the case of RBOB designated for ``renewable ether only'' or
``non-VOC controlled renewable ether only ``, the refiner or importer
assumes that
[[Page 132]]
ETBE will be blended with the RBOB; and
(C) In the case of ``any renewable oxygenate,'' ``non-VOC controlled
renewable ether only'' and ``renewable ether only RBOB,'' the refiner or
importer assumes that the volume of oxygenate added will be such that
the resulting reformulated gasoline will have an oxygen content of 2.0
wt%.
(2)(i) No person may combine any oxygenate with RBOB designated as
``any renewable oxygenate'' unless the oxygenate meets the criteria
specified in paragraph (a) of this section.
(ii) No person may combine any oxygenate with RBOB designated as
``renewable ether only'' or ``non-VOC controlled renewable ether only''
unless the oxygenate meets the criteria specified in paragraph (a) of
this section.
(d) Compliance calculation. (1) Any refiner for each of its
refineries, and any importer shall, for each averaging period, determine
compliance with the renewable oxygenate standard by calculating:
(i) Prior to January 1, 1996, renewable oxygen compliance total
using the following formula:
[GRAPHIC] [TIFF OMITTED] TR02AU94.000
(ii) Beginning on January 1, 1996, the renewable oxygen compliance
total using the following formula:
[GRAPHIC] [TIFF OMITTED] TR02AU94.001
where
CTro = the compliance total for renewable oxygen
Vi = the volume of reformulated gasoline or RBOB batch i
n = the number of batches of reformulated gasoline and RBOB produced or
imported during the averaging period
(iii) The renewable oxygen actual total using the following formula:
[GRAPHIC] [TIFF OMITTED] TR02AU94.002
where
ATro = the actual total for renewable oxygen
Vi = the volume of gasoline or RBOB batch i
ROi = the oxygen content, in wt%, in the form of renewable
oxygenate of gasoline or RBOB batch i
n = the number of batches of gasoline or RBOB produced or imported
during the averaging period
(iv) Compare the renewable oxygen actual total with the renewable
oxygen compliance total.
(2)(i) The actual total must be equal to or greater than the
compliance totals to achieve compliance, subject to the credit transfer
provisions of paragraph (e) of this section.
(ii) If the renewable oxygen actual total is less than the renewable
oxygen compliance total, renewable oxygen credits must be obtained from
another refinery or importer in order to achieve compliance.
(iii) The total number of renewable oxygen credits required to
achieve compliance is calculated by subtracting the renewable oxygen
actual total from the renewable oxygen compliance total.
(iv) If the renewable oxygen actual total is greater than the
renewable oxygen compliance total, renewable oxygen credits are
generated.
(v) The total number of renewable oxygen credits which may be traded
to a refiner for a refinery, or to another importer, is calculated by
subtracting the renewable oxygen compliance total from the renewable
oxygen actual total.
(e) Credit transfers. Compliance with the renewable oxygenate
standard specified in paragraph (b)(1) of this section may be achieved
through the transfer of renewable oxygen credits, provided that the
credits meet the criteria specified in Sec. Sec. 80.67(h)(1) (i)
through (iv) and Sec. Sec. 80.67(h) (2) and (3).
(f) Recordkeeping. Any refiner or importer, or any oxygenate blender
who blends oxygenate with any RBOB designated as ``any renewable
oxygenate,'' ``non VOC controlled renewable ether only'' or ``renewable
ether only'' shall for a period of five years maintain the records
specified in this paragraph (f) in a manner consistent with the
requirements under Sec. 80.74, and deliver such records to the
Administrator upon request. The records shall contain the following
information:
[[Page 133]]
(1)(i) Documents demonstrating the renewable nature and source of
the oxygenate used, consistent with the requirements of paragraph (a)(3)
of this section;
(ii) The volume, type, and purity of any renewable oxygenate used;
and
(iii) Product transfer documentation for all renewable oxygenate,
reformulated gasoline, or RBOB for which the party is the transferor or
transferee.
(2) The requirements of this paragraph (f) shall apply in addition
to the recordkeeping requirements specified in Sec. 80.74(e).
(g) Reporting requirements. (1) Any refiner for each refinery, or
any importer, shall for each batch of reformulated gasoline and RBOB
include in the quarterly reports for reformulated gasoline required by
Sec. 80.75(a) the total weight percent oxygen and the weight percent
oxygen attributable to renewable oxygenate contained in the gasoline, or
contained in the RBOB subsequent to oxygenate blending if allowed under
paragraph (c) of this section.
(2) Any refiner for each refinery, or any importer, shall submit to
the Administrator, with the fourth quarterly report required by Sec.
80.75(a), a report for all reformulated gasoline and RBOB that was
produced or imported during the previous calendar year averaging period,
that includes the following information:
(i) The total volume of reformulated gasoline and RBOB;
(ii) The compliance total for renewable oxygen;
(iii) The actual total for renewable oxygen;
(iv) The number of renewable oxygen credits generated as a result of
actual total renewable oxygen being greater than compliance total
renewable oxygen;
(v) The number of renewable oxygen credits required as a result of
actual total renewable oxygen being less than compliance total renewable
oxygen;
(vi) The number of renewable oxygen credits transferred to another
refinery or importer;
(vii) The number of renewable oxygen credits obtained from another
refinery or importer; and
(viii) For any renewable oxygen credits that are transferred from or
to another refinery or importer, for any such transfer:
(A) The names, EPA-assigned registration numbers and facility
identification numbers of the transferor and transferee of the credits;
(B) The number of renewable oxygen credits that were transferred;
and
(C) The date of the transaction.
(h) Renewable oxygenate requirements for reformulated gasoline used
in the State of California. (1) Any refiner or importer of California
gasoline, as defined in Sec. 80.81, shall meet the renewable oxygenate
standard specified in paragraph (a) of this section for all reformulated
gasoline or RBOB used in any reformulated gasoline covered area as
specified in Sec. 80.70.
(2) Any California gasoline shall be presumed to be used in a
reformulated gasoline covered area:
(i)(A) If the gasoline is produced at a refinery that is located
within a reformulated gasoline covered area; or
(B) If the gasoline is transported to a facility that is located
within a reformulated gasoline covered area, or to a facility from which
gasoline is transported by truck into a reformulated gasoline covered
area; unless
(ii) The refiner or importer is able to establish with documentation
that the gasoline was used outside any reformulated gasoline covered
area.
(3) Any California gasoline shall be considered to be designated as
VOC-controlled (for purposes of paragraph (a)(1) of this section) if the
Reid vapor pressure of the gasoline, or RBOB subsequent to oxygenate
blending, is intended to meet a standard of:
(i) 7.8 psi or less in the case of gasoline intended for use before
March 1, 1996; or
(ii) 7.0 psi or less in the case of gasoline intended for use on or
after March 1, 1996.
(i) Special provisions for shoulder season. (1) The Governor of any
State may petition for an extension of the non-commingling season for
any or all reformulated gasoline covered areas within the State pursuant
to Sec. 80.70.
(i) Such petition must satisfy the following criteria:
(A) Evidence showing an increase in the market share and/or use of
[[Page 134]]
oxygenates which produce commingling-related RVP increases in the
area(s) that are covered by the petition;
(B) Evidence demonstrating a pattern of exceedances for the period
for which the extension is sought, including ozone monitoring data for
the preceding three(3) years of the reformulated gasoline program;
(C) An analysis showing that the pattern of ozone exceedances is
likely to continue even with implementation of other ozone air quality
control measures and/or programs currently planned by the State; and
(D) Evidence that the responsible State agency or authority has
given the public an opportunity for a public hearing and the submission
of written comments with respect to the petition.
(ii) Effective data and publication of decision.
(A) If the Administrator determines that the petition meets the
requirements of paragraph (i)(1)(i) of this section, to the satisfaction
of the Administrator, then EPA shall publish a notice in the Federal
Register announcing its intention to establish the non-commingling
season as requested by the Governor, and specifying a tentative
effective date.
(1) The Administrator shall provide the public with an opportunity
for a hearing and the submission of written comments.
(2) The tentative effective date will correspond with the first day
of the next complete non-commingling season beginning not less than one
year after receipt of the petition.
(B) If the Administrator receives adverse comments or information
demonstrating to the satisfaction of the Administrator that the criteria
of paragraph (i)(1)(i) of this section have not been met, that the
tentative effective date is not reasonable, or that other good reasons
exist to deny the petition, then the Administrator may reject the
Governor's request for an extended non-commingling season, in whole or
in part, or may delay the effective date by up to two (2) additional
years. Absent receipt of such adverse comments or information, EPA shall
publish a notice in the Federal Register announcing its approval of the
petition and specifying an effective date for the extended non-
commingling season.
(2) In the case of any refiner that produces RBOB, or any importer
that imports RBOB, the oxygenate that is blended with the RBOB may be
included with the refiner's or importer's compliance calculations under
paragraph (d) of this section only if:
(i) The oxygenate meets the applicable renewable oxygenate
definition under paragraph (a) of this section; and
(ii) In the case of RBOB designated for ``non VOC controlled ether
only'' the refiner or importer assumes that ETBE or other oxygenate that
does not exhibit volatility-related commingling effects when mixed with
other gasolines and approved by the EPA Administrator under subparagraph
(a)(3) of this section will be blended with the RBOB and so labels the
transfer documentation.
[59 FR 39290, Aug. 2, 1994]
Effective Date Note: At 59 FR 39290, Aug. 2, 1994, Sec. 80.83 was
added, effective Sept. 1, 1994, except for paragraphs (g) and (h), which
would not become effective until approval had been given by the Office
of Management and Budget. At 59 FR 60715, Nov. 28, 1994, this section
was stayed, effective Sept. 13, 1994. At 70 FR 74571, Dec. 15, 2005,
Sec. 80.83 was revised; however, the amendment could not be
incorporated because the section is stayed.
Sec. 80.84 Treatment of interface and transmix.
(a) Definitions. For purposes of this section, the following
definitions apply:
(1) Interface means a volume of petroleum product generated in a
pipeline between two adjacent volumes of non-identical petroleum product
that consists of a mixture of the two adjacent products.
(2) Transmix means an interface that does not meet the
specifications for a fuel that can be used or sold, and that is composed
solely of any combination of:
(i) Previously certified gasoline (including previously certified
gasoline blendstocks that become gasoline solely upon the addition of an
oxygenate);
(ii) Distillate fuel; or
(iii) Gasoline blendstocks that are suitable for use as a blendstock
without further processing.
[[Page 135]]
(3) Transmix gasoline product, or TGP, means the gasoline or
gasoline blendstock that is produced when transmix is separated into
distillate fuel and either gasoline or gasoline blendstock. Gasoline
blendstock here includes blendstock that becomes gasoline solely upon
the addition of an oxygenate (such as RBOB).
(4) Transmix processing facility means any refinery that produces
TGP from transmix by distillation or other refining processes, but does
not produce gasoline by processing crude oil.
(5) Transmix processor means any person who owns, leases, operates,
controls or supervises a transmix processing facility.
(6) Transmix blending facility means any facility which produces
gasoline by blending transmix into gasoline.
(7) Transmix blender means any person who owns, leases, operates,
controls or supervises a transmix blending facility.
(b) Designation of gasoline interface by pipeline operators. (1)
Gasoline interface mixtures containing the products below shall be
designated by pipeline operators in the following manner:
(i) Interface mixtures of reformulated gasoline or RBOB, and
conventional gasoline shall be designated as conventional gasoline;
(ii) Interface mixtures of VOC-controlled reformulated gasoline and
non-VOC-controlled reformulated gasoline shall be designated as non-VOC-
controlled RFG;
(iii) Interface mixtures of RBOB and reformulated gasoline shall be
designated as RBOB; and
(iv) Interface mixtures of reformulated gasoline or RBOB, and
blendstock shall be designated as blendstock.
(2) Regardless of gasoline product designation, all gasoline
containing interface must meet all downstream standards, including but
not limited to any standards and requirements that apply downstream of
the refinery in this part and the Clean Air Act.
(c) Transmix processing--(1) TGP sold without further mixing with
blendstocks or previously certified gasoline. (i) Where the TGP meets
all standards and requirements that apply to conventional gasoline
downstream from the refinery, including but not limited to any standards
and requirements in this part and the Clean Air Act, and the TGP is
designated and sold as conventional gasoline, the transmix processor may
exclude the TGP from compliance calculations for the transmix processing
facility under this part Subpart E of this part. Except as required in
paragraph (c)(4) of this section, the transmix processor must either
include every batch or exclude every batch of this TGP from their
compliance calculations for each compliance period;
(ii) Where the TGP is sold as a blendstock, the transmix processor
must exclude the TGP from compliance calculations. Pursuant to Sec.
80.101(d)(3), however, TGP which becomes gasoline solely upon the
addition of an oxygenate must be included in the compliance calculations
for the transmix processing facility under subpart E of this part.
(iii) Where the TGP is designated and sold as reformulated gasoline
or RBOB, the transmix processor must fulfill all requirements and
standards that apply to a refiner under subpart D of this part and must
include the reformulated gasoline or RBOB produced from the transmix in
compliance calculations for the transmix processing facility under
subpart D of this part.
(2) TGP blended with blendstocks. Where the transmix processor mixes
the TGP with blendstock(s) to produce reformulated or conventional
gasoline or RBOB, the TGP is treated as a blendstock and the transmix
processor must fulfill all requirements and standards that apply to a
refiner under subpart D or E of this part, as appropriate, and include
the gasoline produced in compliance calculations for the transmix
processing facility under subpart D or E of this part, as appropriate.
(3) TGP blended with previously certified gasoline. (i) Where the
TGP meets all the standards and requirements that apply to conventional
gasoline downstream from the refinery, including but not limited to any
standards and requirements of this part and the Clean Air Act, and the
transmix processor mixes the TGP with any previously certified gasoline
to produce conventional gasoline, the TGP may be excluded from
compliance calculations for the transmix processing facility under
subpart E of this part. Except as
[[Page 136]]
required in paragraph (c)(4) of this section, the transmix processor
must either include every batch or exclude every batch of this TGP from
compliance calculations for the transmix processing facility for each
compliance period.
(ii) Where the TGP does not meet all standards that apply to
conventional gasoline downstream from the refinery, including but not
limited to any standards and requirements of this part and the Clean Air
Act, and the transmix processor mixes the TGP with any previously
certified gasoline to produce conventional gasoline, the TGP is treated
as a blendstock and the transmix processor must fulfill all requirements
and standards for a refiner under subpart E of this part, for the TGP,
and include the TGP in the compliance calculations for the transmix
processing facility under subpart E of this part.
(iii) The sampling and testing required under paragraph (c)(3)(ii)
of this section may be met using one of the following methods:
(A) Sample and test the TGP prior to blending with previously
certified gasoline to determine the volume and properties of the TGP and
include each volume of TGP blended with previously certified gasoline as
a separate batch in compliance calculations for the transmix processing
facility; or
(B) Determine the volume and properties of the previously certified
gasoline prior to blending with the TGP and measure the volume and
properties of the gasoline subsequent to blending with the TGP.
Calculate the volume and properties of the TGP by subtracting the volume
and properties of the previously certified gasoline from the volume and
properties of the gasoline subsequent to blending, and include each
volume of TGP blended with previously certified gasoline as a separate
batch in compliance calculations for the transmix processing facility;
or
(C) Comply with the requirements in Sec. 80.101(g)(9).
(iv) Where the transmix processor mixes the TGP with any previously
certified gasoline to produce reformulated gasoline or RBOB, the TGP is
treated as a blendstock and the transmix processor must fulfill all
requirements and standards for a refiner under subpart D of this part,
for the TGP, and include the TGP in the compliance calculations for the
transmix processing facility under subpart D of this part, using the
procedures in Sec. 80.65(i).
(4) Additional requirements for conventional gasoline produced with
transmix containing blendstocks. Notwithstanding paragraphs (c)(1)(i)
and (c)(3)(i) of this section, if gasoline is produced at a transmix
processing facility from any transmix containing gasoline blendstocks,
the transmix processor must include every batch of gasoline produced
from transmix in compliance calculations for the transmix processing
facility under subpart E of this part for the entire compliance period.
(d) Transmix blending. Transmix blenders which fulfill all of the
requirements in this paragraph (d) are exempt from the requirements and
standards that apply to a refiner under subparts D and E of this part.
(1) Transmix may be blended into any previously certified gasoline,
provided that:
(i) The endpoint of the final transmix-blended gasoline does not
exceed 437 degrees Fahrenheit as measured by ASTM standard method D 86-
01\e1\, entitled ``Standard Test Method for Distillation of Petroleum
Products at Atmospheric Pressure'', which is incorporated by reference.
This incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. A
copy may be obtained from the American Society for Testing and
Materials, 100 Barr Harbor Dr., West Conshohocken, PA 19428-2959. Copies
may be inspected at the Air Docket, EPA/DC, EPA West, Room B102, 1301
Constitution Ave., NW., Washington, DC, or at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call 202-741-6030 or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html;
(ii) The final transmix-blended gasoline meets all applicable
downstream standards; and
[[Page 137]]
(iii) The transmix blender complies with the requirements in
Sec. Sec. 80.74(b)(10), 80.104(b) and 80.213.
(2) The transmix blender must maintain and follow a written quality
assurance program designed to assure that the type and amount of
transmix blended into previously certified gasoline will not cause
violations of the applicable standards in paragraph (d)(1) of this
section. Except as set forth in paragraph (d)(3) of this section, as a
part of the quality assurance program, transmix blenders shall collect
samples of gasoline subsequent to blending transmix, and test the
samples to ensure the end-point temperature of the final transmix-
blended gasoline does not exceed 437 degrees Fahrenheit, at one of the
following rates:
(i) In the case of transmix that is blended in a tank, following
each occasion transmix is blended; or
(ii) In the case of transmix that is blended by a computer
controlled in-line blending system, the transmix blender shall collect
composite samples of gasoline subsequent to blending transmix at a rate
of not less than twice each calendar month during which transmix is
blended.
(3) Any transmix blender may petition EPA for approval of a quality
assurance program that does not include the minimum sampling and testing
requirements in paragraph (d)(2) of this section. In order to seek such
an exemption, the transmix blender shall submit a petition to EPA that
includes:
(i) A detailed description of the quality assurance procedures to be
carried out at each location where transmix is blended into previously
certified gasoline, including a description of how the transmix blender
proposes to determine the ratio of transmix that can be blended with
previously certified gasoline without violating any of the applicable
standards in paragraph (d)(1) of this section, and a description of how
the transmix blender proposes to determine that the gasoline produced by
the transmix blending operation meets the applicable standards.
(ii) If the transmix is blended by a computer controlled in-line
blending system, the transmix blender shall also include all of the
information required by refiners under Sec. 80.65(f)(4)(i)(A).
(iii) A letter signed by the president, chief operating or chief
executive officer of the company, or his/her designee, stating that the
information contained in the submission is true to the best of his/her
belief must accompany any submission under this paragraph.
(iv) Transmix blenders who seek an exemption under paragraph (d)(3)
of this section must comply with any request by EPA for additional
information or any other requirements that EPA includes as part of the
exemption. However, they may withdraw their exemption petition or
approved exemption at any time, upon notice to EPA.
(v) EPA reserves the right to modify the requirements of an
exemption under paragraph (d)(3) of this section, in whole or in part,
at any time, if EPA determines that the transmix blender's operation
does not effectively or adequately control, monitor or document the end-
point temperature of the gasoline produced, or if EPA determines that
any other circumstance exists which merits modification of the
requirements of an exemption. If EPA finds that a transmix blender
provided false or inaccurate information in any submission required for
an exemption under this section, upon notification from EPA, the
transmix blender's exemption will be void ab initio.
(4) In the event the test results for any sample collected pursuant
to a quality assurance program indicate the gasoline does not comply
with any of the applicable standards in paragraph (d)(1) of this
section, the transmix blender shall:
(i) Immediately take steps to stop the sale of the gasoline that was
sampled;
(ii) Take steps which are reasonably calculated to determine the
cause of the noncompliance and to prevent future instances of
noncompliance;
(iii) Inform EPA of the noncompliance; and
(iv) If the transmix was blended by a computer controlled in-line
blending system, increase the rate of sampling and testing to a rate of
not less than once per week and continue the increased frequency of
sampling and testing until the results of ten consecutive
[[Page 138]]
samples and tests indicate the gasoline complies with applicable
standards, at which time the sampling and testing may be conducted at
the original frequency;
(5) Any transmix blender who blends transmix into previously
certified gasoline and who does not meet the requirements under this
paragraph (d) shall meet all requirements and standards that apply to a
refiner under subparts D and E of this part, other than this section and
Sec. Sec. 80.74(b)(10), and 80.104(b).
(e) The provisions of paragraphs (c) and (d) of this section also
apply to mixtures of gasoline and distillate fuel:
(1) Produced by unintentionally combining gasoline and distillate
fuel in a tank.
(2) Produced from normal business operations at terminals or
pipelines, such as gasoline or distillate fuel drained from a tank, or
drained from piping or hoses used to transfer gasoline or distillate
fuel to tanks or trucks, or gasoline or distillate fuel discharged from
a safety relief valve.
(f) Any transmix processor or transmix blender who adds a feedstock
to their transmix other than gasoline, distillate fuel or gasoline
blendstocks from pipeline interface must meet all requirements and
standards that apply to a refiner under subparts D and E of this part,
other than this section and Sec. Sec. 80.74(b)(10), and 80.104(b), for
all gasoline they produce during a compliance period.
[71 FR 31961, June 2, 2006]
Sec. 80.85 Pentane blending.
A refiner for any refinery where gasoline is produced by adding
blender-commercial grade pentane or blender-non-commercial grade pentane
meeting the requirements of Sec. 80.86 to previously certified gasoline
(PCG) may meet the sampling and testing requirements for this part as
follows:
(a) Any refiner that blends pentane for which the refiner has
product transfer documents from a registered pentane supplier which
demonstrate that the pentane is blender-commercial grade, as defined in
Sec. 80.86(a)(3), may demonstrate compliance with the standards in this
part based on the properties specified in Sec. 80.86(a)(3), or the
properties specified by the pentane supplier, provided that the refiner
does all the following:
(1) Obtains a copy of the pentane supplier's test results at the
time of each transfer of pentane to the pentane blender that indicates
that the blender-commercial grade pentane complies with the requirements
of Sec. 80.86(a)(3).
(2) Conducts a quality assurance program of sampling and testing the
pentane obtained from each separate pentane supplier using test
procedures that have been approved by the Administrator which
demonstrates that the pentane has the properties specified in Sec.
80.86(a)(3). Samples and tests the pentane received from each pentane
supplier at a frequency of one sample for every 350,000 gallons of
pentane received, or one sample every three months, whichever is more
frequent.
(3) Enters into a contract with all parties who transport or store
blender-commercial grade pentane for use by the refiner to assure that
an adequate quality assurance program is implemented to ensure that
blender-commercial grade pentane will not be contaminated in transit to
the refinery.
(b) Any refiner that blends pentane for which the refiner has
product transfer documents from a registered pentane supplier which
demonstrate that the pentane is blender-non-commercial grade, as defined
in Sec. 80.86(a)(4), may demonstrate compliance with the standards in
this part based on the properties specified in Sec. 80.86(a)(4), or the
properties specified by the pentane supplier, provided that the refiner
does all the following:
(1) Obtains a copy of the pentane supplier's test results at the
time of each transfer of pentane to the pentane blender that indicates
that the blender-non-commercial grade pentane complies with the
requirements of Sec. 80.86(a)(4).
(2) Conducts a quality assurance program of sampling and testing the
pentane obtained from each separate pentane supplier using test
procedures that have been approved by the Administrator which
demonstrates that the pentane has the properties specified in Sec.
80.86(a)(4). Samples and tests the pentane received from each pentane
supplier at a frequency of one sample for
[[Page 139]]
every 250,000 gallons of pentane received, or one sample every three
months, whichever is more frequent.
(3) Enters into a contract with all parties who transport or store
blender-non-commercial grade pentane for use by the refiner to assure
that an adequate quality assurance program is implemented to ensure that
blender-non-commercial grade pentane will not be contaminated in transit
to the refinery.
(c) When pentane is blended with conventional gasoline under this
section during the period May 1 through September 15, the refiner shall
demonstrate through sampling and testing, using the test method for Reid
vapor pressure in Sec. 80.46 or Sec. 80.47 as applicable, that each
batch of conventional gasoline blended with pentane meets the volatility
standards specified in Sec. 80.27, and in any EPA approved SIP.
(d) When pentane is blended with conventional gasoline, CBOB,
reformulated gasoline, or RBOB under this section, product transfer
documents which accompany the gasoline blended with pentane must comply
with all of the requirements of Sec. 80.77 or Sec. 80.106, as
appropriate.
(e) Pentane blended with conventional gasoline, CBOB, reformulated
gasoline, or RBOB during a period of up to one month may be included in
a single batch for purposes of reporting to EPA, if the refiner meets
the sample compositing requirements in Sec. 80.91(d)(4)(iii), and
reports blender-commercial grade and blender-non-commercial grade
pentane as separate batches.
(f) The provisions of this section may not be used for any pentane
blended with any reformulated gasoline or RBOB during the period April 1
through September 30, or with any reformulated gasoline or RBOB
designated as VOC-controlled.
(g) All pentane blended into gasoline during the annual averaging
period must be included in annual average compliance calculations by a
refiner for each of its refineries.
(h) If any of the requirements of this section are not met, in whole
or in part for any pentane blended into gasoline, that pentane is deemed
in violation of the gasoline standards in Sec. 80.1603(a).
(i) If a refiner does not fully implement the requirements of this
section, it may not rely on test results from the pentane producer, and
may only blend pentane with gasoline if it fully complies with all
applicable requirements of this part 80, including the sampling and
testing requirements applicable to refiners who produce gasoline by
adding blendstocks to PCG.
[79 FR 23645, Apr. 28, 2014, as amended at 80 FR 9095, Feb. 19, 2015]
Sec. 80.86 Requirements for producers and importers of pentane used
by pentane blenders.
Producers and importers of pentane may designate batches of pentane
as blender-commercial grade pentane or blender-non-commercial grade
pentane suitable for use by pentane blenders pursuant to the
requirements in this section.
(a) Standards. (1) The pentane must be composed solely of carbon,
hydrogen, oxygen, nitrogen, and sulfur.
(2) The pentane must meet the standards for blender-commercial grade
pentane or blender-non-commercial grade pentane.
(3) For blender commercial grade pentane, the producer or importer
must conduct analytical testing to on each production batch to
demonstrate compliance with the following standards using sampling and
testing procedures that have been approved by the Administrator:
(i) Pentane =95 vol%.
(ii) Olefins <=1.0 vol%.
(iii) Aromatics <=2.0 vol%.
(iv) Benzene <=0.03 vol%.
(v) C6 and higher carbon number hydrocarbons <=5.0 vol%.
(vi) Sulfur <=30 ppm from January 1, 2005 through December 31, 2016;
<=10 ppm beginning January 1, 2017 and thereafter.
(4) For blender-non-commercial grade pentane, the producer or
importer must conduct analytical testing on each production batch to
demonstrate compliance with the following standards using sampling and
testing procedures that have been approved by the Administrator:
(i) Olefins <=10.0 vol%.
(ii) Aromatics <=2.0 vol%.
(iii) Benzene <=0.03 vol%.
[[Page 140]]
(iv) C6 and higher carbon number hydrocarbons <=5.0 vol%.
(v) Sulfur <=30 ppm beginning January 1, 2005 through December 31,
2016; <=10 ppm beginning January 1, 2017 and thereafter.
(b) Registration. The producer or importer of pentane for use by
pentane blenders must register with EPA pursuant to the following
requirements:
(1) Registration dates. Any producer or importer of pentane for use
by pentane blenders must register with EPA at least thirty days in
advance of the first date that such person will produce or import
pentane for use by pentane blenders.
(2) Registration for producers of pentane for use by pentane
blenders. Registration shall be on forms and following procedures
prescribed by the Administrator, and shall include all the following
information:
(i) The name, business address, contact name, email address, and
telephone number of the producer of pentane for use by pentane blenders.
(ii) For each separate facility that will produce pentane for use by
pentane blenders, the facility name, physical location, contact name,
telephone number, and type of facility.
(iii) For each separate facility that will produce pentane for use
by pentane blenders--
(A) Whether records are kept on-site or off-site of the refinery.
(B) If records are kept off-site, the primary off-site storage
facility name, physical location, contact name, and telephone number.
(iv) A description of the production facility which demonstrates
that the facility is capable of producing pentane that is compliant with
the requirements of this section without significant modifications to
the existing facility.
(v) A description of the means pentane will be shipped from the
production facility to the pentane blender(s) and the associated quality
assurance practices which demonstrate that contamination during
distribution can be adequately controlled so as not to cause the pentane
to be in violation of the standards in this section.
(vi) A description of the sampling and testing procedures that will
be used pursuant to the requirements of paragraphs (a)(3) and (4) of
this section.
(vii) EPA will supply a company registration number to each producer
of pentane for use by pentane blenders, and a facility registration
number for each production facility that is identified. These
registration numbers shall be used in all reports to the Administrator.
(viii) Any producer of pentane for use by pentane blenders shall
submit updated registration information to the Administrator within
thirty days of any occasion when the registration information previously
supplied becomes incomplete or inaccurate.
(3) Registration for importers of pentane for use by pentane
blenders. Registration shall be on forms and following procedures
prescribed by the Administrator, and shall include all the following
information:
(i) The name, business address, contact name, and email address,
telephone number of the importer.
(ii) For each importer's operations in a single PADD--
(A) Whether records are kept on-site at the registered address or
off-site.
(B) If records are kept off-site, the primary off-site storage
facility name, physical location, contact name, email address, and
telephone number.
(iii) A description of the importer's operating facility which
demonstrates that the importer is capable of providing pentane that is
compliant with the requirements of this section without significant
modifications to the existing facility.
(iv) A description of the means pentane will be shipped from the
importer's facility to the pentane blender(s) and the associated quality
assurance practices which demonstrate that contamination during
distribution can be adequately controlled so as not to cause the pentane
to be in violation of the standards in this section.
(v) A description of the sampling and testing procedures that will
be used pursuant to the requirements of paragraphs (a)(3) and (4) of
this section.
(vi) EPA will supply a company registration number to each importer.
This registration number shall be used in all reports to the
Administrator.
[[Page 141]]
(vii) Any importer of pentane for use by pentane blenders shall
submit updated registration information to the Administrator within
thirty days of any occasion when the registration information previously
supplied becomes incomplete or inaccurate.
(c) PTDs. The producer or importer of pentane for use by pentane
blenders must initiate a PTD for each batch that it ships from its
facility which contains the information specified in paragraphs (c)(1)
and (c)(2) of this section and the statement in paragraph (c)(3) or
(c)(4) of this section, as applicable.
(1) The pentane producer or importer company name and facility
registration number issued by EPA pursuant to paragraph (b) of this
section.
(2) The name and address of the transferor and transferee.
(3) ``Blender commercial grade pentane for use by pentane
blenders''.
(4) ``Blender non-commercial grade pentane for use by pentane
blenders''.
(5) PTDs that are compliant with the requirements in paragraph (c)
of this section must be transferred from each party transferring pentane
for use by pentane blenders to each party that receives pentane for use
by pentane blenders through to the pentane blender.
(6) Alternative PTD language to that specified in paragraphs (c)(3)
and (c)(4) of this section may be used as approved by EPA.
(d) Batch numbers. Every batch of pentane for use by pentane
blenders that is produced or imported at a pentane production or import
facility shall be assigned a number (the ``batch number''), consisting
of the EPA-assigned registration number, the EPA facility registration
number, the last two digits of the year in which the batch was produced,
and a unique number for the batch, beginning with the number one for the
first batch produced or imported each calendar year and each subsequent
batch during the calendar year being assigned the next sequential number
(e.g., 4321-54321-95-000001, 4321-54321-95-000002, etc.).
[79 FR 23645, Apr. 28, 2014, as amended at 80 FR 9095, Feb. 19, 2015]
Sec. 80.87 Controls and prohibitions for producers, importers,
and distributors of pentane for use by pentane blenders.
(a) Prohibited acts. No person shall--
(1) Produce, import, sell, distribute, offer for sale or
distribution, blend, supply, offer for supply, store, transport, or
cause the transportation of any product designated as pentane for use by
pentane blenders unless--
(i) Each gallon of such pentane for use by pentane blenders meets
the applicable standards specified in Sec. 80.86; and
(ii) The product transfer documentation for such pentane for use by
pentane blenders complies with the requirements in Sec. Sec. 80.77 and
80.86(c).
(2) Produce or import pentane for use by pentane blenders unless the
producer or importer complies with the recordkeeping requirements of
Sec. 80.74, the reporting requirements of Sec. 80.75, and the
requirements of Sec. 80.86.
(3) Fail to meet any other requirements of Sec. 80.86.
(4) Cause another person to commit an act in violation of this
paragraph (a).
(b) Persons liable. The following persons are liable for violations
of prohibited acts in paragraph (a) of this section:
(1) Any person who manufactures, imports, sells, distributes, offers
for sale or distribution, blends, supplies, offers for supply, stores,
transports, or causes the transportation of any product designated as
pentane for use by pentane blenders that violates Sec. 80.86 is liable
for the violation.
(2) Any person that causes another party to violate paragraph (a) of
this section is liable for a violation of this paragraph (b).
(3) Any parent corporation is liable for any violations of this
section that are committed by any of its wholly-owned subsidiaries.
(4) Each partner to a joint venture, or each owner of a facility
owned by two or more owners, is jointly and severally liable for any
violation of this subpart that occurs at the joint venture facility or a
facility that is owned by the joint owners, or a facility that
[[Page 142]]
is committed by the joint venture operation or any of the joint owners
of the facility.
(c) Any person who violates this section is liable for the
violation.
(d) Determination of compliance. EPA may establish noncompliance
with standards using any information, including the results of testing
using methods that are not included in Sec. 80.46.
(e) Dates controls and prohibitions begin. The controls and
prohibitions specified in paragraph (a) of this section apply at any
location on or after June 27, 2014.
(f) Penalties. (1) Any person liable for a violation under this
section is subject to civil penalties as specified in sections 205 and
211(d) of the Clean Air Act (42 U.S.C. 7524 and 7545(d)) for every day
of each such violation and the amount of economic benefit or savings
resulting from each violation.
(2) Any person liable under this section for a violation of an
applicable standards or causing another person to violate the
requirements is subject to a separate day of violation for each and
every day the non-complying pentane or gasoline remains any place in the
pentane or gasoline distribution system.
(3) For purposes of paragraph (c) of this section, the length of
time the pentane or gasoline in question remained in the pentane or
gasoline distribution system is deemed to be twenty-five days, unless a
person subject to liability or EPA demonstrates by reasonably specific
showings, by direct or circumstantial evidence, that the non-complying
pentane or gasoline remained in the distribution system for fewer than
or more than twenty-five days.
(g) Any person liable under this section for failure to meet, or
causing a failure to meet, a provision of this subpart is liable for a
separate day of violation for each and every day such provision remains
unfulfilled.
[79 FR 23646, Apr. 28, 2014]
Sec. Sec. 80.88-80.89 [Reserved]
Subpart E_Anti-Dumping
Source: 59 FR 7860, Feb. 16, 1994, unless otherwise noted.
Sec. 80.90 Conventional gasoline baseline emissions determination.
(a) Annual average baseline values. For any facility of a refiner or
importer of conventional gasoline, the annual average baseline values of
the facility's exhaust benzene emissions, exhaust toxics emissions,
NOX emissions, sulfur, olefins and T90 shall be determined
using the following equation:
[GRAPHIC] [TIFF OMITTED] TR16FE94.012
where
BASELINE = annual average baseline value of the facility,
SUMRBASE = summer baseline value of the facility,
SUMRVOL = summer baseline gasoline volume of the facility, per Sec.
80.91,
WNTRBASE = winter baseline value of the facility,
WNTRVOL = winter baseline gasoline volume of the facility, per Sec.
80.91.
(b) Baseline exhaust benzene emissions--simple model. (1) Simple
model exhaust benzene emissions of conventional gasoline shall be
determined using the following equation:
EXHBEN = (1.884 + 0.949 x BZ + 0.113 x (AR - BZ))
where
EXHBEN = exhaust benzene emissions,
BZ = fuel benzene value in terms of volume percent (per Sec. 80.91),
and
AR = fuel aromatics value in terms of volume percent (per Sec. 80.91).
(2) The simple model annual average baseline exhaust benzene
emissions for any facility of a refiner or importer of conventional
gasoline shall be determined as follows:
(i) The simple model baseline exhaust benzene emissions shall be
determined
[[Page 143]]
separately for summer and winter using the facility's oxygenated
individual baseline fuel parameter values for summer and winter (per
Sec. 80.91), respectively, in the equation specified in paragraph
(b)(1) of this section.
(ii) The simple model annual average baseline exhaust benzene
emissions of the facility shall be determined using the emissions values
determined in paragraph (b)(2)(i) of this section in the equation
specified in paragraph (a) of this section.
(c) Baseline exhaust benzene emissions--complex model. The complex
model annual average baseline exhaust benzene emissions for any facility
of a refiner or importer of conventional gasoline shall be determined as
follows:
(1) The summer and winter complex model baseline exhaust benzene
emissions shall be determined separately using the facility's oxygenated
individual baseline fuel parameter values for summer and winter (per
Sec. 80.91), respectively, in the appropriate complex model for exhaust
benzene emissions described in Sec. 80.45.
(2) The complex model annual average baseline exhaust benzene
emissions of the facility shall be determined using the emissions values
determined in paragraph (c)(1) of this section in the equation specified
in paragraph (a) of this section.
(d) Baseline exhaust toxics emissions. The annual average baseline
exhaust toxics emissions for any facility of a refiner or importer of
conventional gasoline shall be determined as follows:
(1) The summer and winter baseline exhaust emissions of benzene,
formaldehyde, acetaldehyde, 1,3-butadiene, and polycyclic organic matter
shall be determined using the oxygenated individual baseline fuel
parameter values for summer and winter (per Sec. 80.91), respectively,
in the appropriate complex model for each exhaust toxic (per Sec.
80.45).
(2) The summer and winter baseline total exhaust toxics emissions
shall be determined separately by summing the summer and winter baseline
exhaust emissions of each toxic (per paragraph (d)(1) of this section),
respectively.
(3) The annual average baseline exhaust toxics emissions of the
facility shall be determined using the emissions values determined in
paragraph (d)(2) of this section in the equation specified in paragraph
(a) of this section.
(e) Baseline NOX emissions. The annual average baseline
NOX emissions for any facility of a refiner or importer of
conventional gasoline shall be determined as follows:
(1) The summer and winter baseline NOX emissions shall be
determined using the baseline individual baseline fuel parameter values
for summer and winter (per Sec. 80.91), respectively, in the
appropriate complex model for NOX (per Sec. 80.45).
(2) The annual average baseline NOX emissions of the
facility shall be determined using the emissions values determined in
paragraph (e)(1) of this section in the equation specified in paragraph
(a) of this section.
(3) The requirements specified in paragraphs (e) (1) and (2) of this
section shall be determined separately using the oxygenated and
nonoxygenated individual baseline fuel parameters, per Sec. 80.91.
(f) Applicability of Phase I and Phase II models. The requirements
of paragraphs (d) and (e) of this section shall be determined separately
for the applicable Phase I and Phase II complex models specified in
Sec. 80.45.
(g) Calculation accuracy. Emissions values calculated per the
requirements of this section shall be determined to four (4) significant
figures. Sulfur, olefin and T90 values calculated per the requirements
of this section shall be determined to the same number of decimal places
as the corresponding value listed in Sec. 80.91(c)(5).
[59 FR 7860, Feb. 16, 1994, as amended at 59 FR 36965, July 20, 1994]
Sec. 80.91 Individual baseline determination.
(a) Baseline definition. (1) The ``baseline'' or ``individual
baseline'' of a refinery, refiner or importer, as applicable, shall
consist of:
(i) An estimate of the quality, composition and volume of its 1990
gasoline, or allowable substitute, based on the requirements specified
in Sec. Sec. 80.91 through 80.93; and
[[Page 144]]
(ii) Its baseline emissions values calculated per paragraph (f) of
this section.
(2)(i) The quality and composition of the 1990 gasoline of a
refinery, refiner or importer, as applicable, shall be the set of values
of the following fuel parameters: benzene content; aromatic content;
olefin content; sulfur content; distillation temperature at 50 and 90
percent by volume evaporated; percent evaporated at 200 [deg]F and 300
[deg]F; oxygen content; RVP.
(ii) A refiner, per paragraph (b)(3)(i) of this section, shall also
determine the API gravity of its 1990 gasoline.
(3) The methodology outlined in this section shall be followed in
determining a baseline value for each fuel parameter listed in paragraph
(a)(2) of this section.
(b) Requirements for refiners, blenders and importers--(1)
Requirements for producers of gasoline and gasoline blendstocks. (i) A
refinery engaged in the production of gasoline blendstocks from crude
oil and/or crude oil derivatives, and the subsequent mixing of those
blendstocks to form gasoline, shall have its baseline fuel parameter
values determined from Method 1, 2 and/or 3-type data as described in
paragraph (c) of this section, provided the refinery was in operation
for at least 6 months in 1990.
(ii) A refinery which was in operation for at least 6 months in
1990, was shut down after 1990, and which restarts after June 15, 1994,
and for which insufficient 1990 and post-1990 data was collected prior
to January 1, 1995 from which to determine an individual baseline, shall
have the values listed in paragraph (c)(5) of this section as its
individual baseline parameters.
(iii) A refinery which was in operation for less than 6 months in
1990 shall have the values listed in paragraph (c)(5) of this section as
its individual baseline parameters.
(2) Requirements for producers or importers of gasoline blendstocks
only. A refiner or importer of gasoline blendstocks which did not
produce or import gasoline in 1990 and which produces or imports post-
1994 gasoline shall have the values listed in paragraph (c)(5) of this
section as its individual baseline parameters.
(3) Requirements for purchasers of gasoline and/or gasoline
blendstocks. (i) A refiner or refinery, as applicable, solely engaged in
the production of gasoline from gasoline blendstocks and/or gasoline
which are simply purchased and blended to form gasoline shall have its
individual baseline determined using Method 1-type data (per paragraph
(c) of this section) from every batch of 1990 gasoline.
(ii) If Method 1-type data on every batch of the refiner's or
refinery's 1990 gasoline does not exist, that refiner or refinery shall
have the values listed in paragraph (c)(5) of this section as its
individual baseline parameters.
(4) Requirements for importers of gasoline and/or gasoline
blendstocks. (i) An importer of gasoline shall determine an individual
baseline value for each fuel parameter listed in paragraph (a)(2) of
this section using Method 1-type data on every batch of gasoline
imported by that importer into the United States in 1990.
(ii) An importer which is also a foreign refiner must determine its
individual baseline using Method 1, 2 and/or 3-type data (per paragraph
(c) of this section) if it imported at least 75 percent, by volume, of
the gasoline produced at its foreign refinery in 1990 into the United
States in 1990.
(iii) An importer which cannot meet the criteria of paragraphs
(b)(4)(i) or (ii) of this section for baseline determination shall have
the parameter values listed in paragraph (c)(5) of this section as its
individual baseline parameter values.
(5) Requirements for exporters of gasoline and/or gasoline
blendstocks. A refiner shall not include quality or volume data on its
1990 exports of gasoline blendstocks or gasoline in its baseline
determination.
(c) Data types--(1) Method 1-type data. (i) Method 1-type data shall
consist of quality (composition and property data) and volume records of
gasoline produced in or shipped from the refinery in 1990, excluding
exported gasoline. The measured fuel parameter values and volumes of
batches, or shipments if not batch blended, shall be used except that
data on produced gasoline which was also shipped shall be included only
once.
[[Page 145]]
(ii) Gasoline blendstock which left a facility in 1990 and which
could become gasoline solely upon the addition of oxygenate shall be
included in the baseline determination.
(A) Fuel parameter values of such blendstock shall be accounted for
as if the gasoline blendstock were blended with ten (10.0) volume
percent ethanol.
(B) If the refiner or importer can provide evidence that such
gasoline blendstock was not blended per paragraph (c)(1)(ii)(A) of this
section, and that such gasoline blendstock was blended with another
oxygenate or a different volume of ethanol, the fuel parameter values of
the final gasoline (including oxygenate) shall be included in the
baseline determination.
(C) If the refiner or importer can provide evidence that such
gasoline blendstock was not blended per paragraph (c)(1)(ii)(A) or (B)
of this section, and that such gasoline blendstock was sold with out
further changes downstream, the fuel parameter values of the original
product shall be included in the baseline determination.
(iii) Data on 1990 gasoline purchased or otherwise received,
including intracompany transfers, shall not be included in the baseline
determination of a refiner's or importer's facility if the gasoline
exited the receiving refinery unchanged from its arrival state.
(2) Method 2-type data. Method 2-type data shall consist of 1990
gasoline blendstock quality data and 1990 blendstock production records,
specifically the measured fuel parameter values and volumes of
blendstock used in the production of gasoline within the refinery.
Blendstock data shall include volumes purchased or otherwise received,
including intracompany transfers, if the volumes were blended as part of
the refiner's or importer's 1990 gasoline. Henceforth in Sec. Sec.
80.91 through 80.93, ``blendstock(s)'' or ``gasoline blendstock(s)''
shall include those products or streams commercially blended to form
gasoline.
(3) Method 3-type data. (i) Method 3-type data shall consist of
post-1990 gasoline blendstock and/or gasoline quality data and 1990
blendstock and gasoline production records, specifically the measured
fuel parameter values and volumes of blendstock used in the production
of gasoline within the refinery. Blendstock data shall include volumes
purchased or otherwise received, including intracompany transfers, if
the volumes were blended as part of the refiner's or importer's 1990
gasoline.
(ii) In order to use Method 3-type data, the refiner or importer
must do all of the following:
(A) Include a detailed discussion comparing its 1990 and post-1990
refinery operations and all other differences which would cause the 1990
and post-1990 fuel parameter values to differ; and
(B) Perform the appropriate calculations so as to adjust for the
differences determined in paragraph (c)(3)(ii)(A) of this section; and
(C) Include a narrative, discussing the methodology and reasoning
for the adjustments made per paragraph (c)(3)(ii)(B) of this section.
(iii) In order to use post-1990 gasoline data, either of the
following must be shown for each blendstock-type included in 1990
gasoline, excluding butane:
(A) The post-1990 volumetric fraction of a blendstock is within
()10.0 percent of the volumetric fraction of that
blendstock in 1990 gasoline. For example, if a 1990 blendstock
constituted 30 volume percent of 1990 gasoline, this criterion would be
met if the post-1990 volumetric fraction of the blendstock in post-1990
gasoline was 27.0-33.0 volume percent.
(B) The post-1990 volumetric fraction of a blendstock is within
()2.0 volume percent of the absolute value of the
1990 volumetric fraction. For example, if a 1990 blendstock constituted
5 volume percent of 1990 gasoline, this criterion would be met if the
post-1990 volumetric fraction of the blendstock in post-1990 gasoline
was 3-7 volume percent.
(iv) If using post-1990 gasoline data, post-1990 gasoline blendstock
which left a facility and which could become gasoline solely upon the
addition of oxygenate shall be included in the baseline determination,
per the requirements specified in paragraph (c)(1)(ii) of this section.
(4) Hierarchy of data use. (i) A refiner or importer must determine
a baseline
[[Page 146]]
fuel parameter value using only Method 1-type data if sufficient Method
1-type data is available, per paragraph (d)(1)(ii) of this section.
(ii) If a refiner has insufficient Method 1-type data for a baseline
parameter value determination, it must supplement that data with all
available Method 2-type data, until it has sufficient data, per
paragraph (d)(1)(iii) of this section.
(iii) If a refiner has insufficient Method 1- and Method 2-type data
for a baseline parameter value determination, it must supplement that
data with all available Method 3-type data, until it has sufficient
data, per paragraph (d)(1)(iii) of this section.
(iv) The protocol for the determination of baseline fuel parameter
values in paragraphs (c)(4)(i) through (iii) of this section shall be
applied to each fuel parameter one at a time.
(5) Anti-dumping statutory baseline. (i) The summer anti-dumping
statutory baseline shall have the set of fuel parameter values
identified as ``summer'' in Sec. 80.45(b)(2). The anti-dumping summer
API gravity shall be 57.4 [deg]API.
(ii) The winter anti-dumping statutory baseline shall have the set
of fuel parameter values identified as ``winter'' in Sec. 80.45(b)(2),
except that winter RVP shall be 8.7 psi. The anti-dumping winter API
gravity shall be 60.2 API.
(iii) The annual average anti-dumping statutory baseline shall have
the following set of fuel parameter values:
Benzene, volume percent--1.60
Aromatics, volume percent--28.6
Olefins, volume percent--10.8
RVP, psi--8.7
T50, degrees F--207
T90, degrees F--332
E200, percent--46
E300, percent--83
Sulfur, ppm--338
API Gravity, [deg]API--59.1
(iv) The annual average anti-dumping statutory baseline shall have
the following set of emission values:
Exhaust benzene emissions, simple model--6.45
Exhaust benzene emissions, complex model--33.03 mg/mile
Exhaust toxics emissions, Phase I--50.67 mg/mile
Exhaust toxics emissions, Phase II--104.5 mg/mile
NOX emissions, Phase I--714.4 mg/mile
NOX emissions, Phase II--1461. mg/mile
(d) Data collection and testing requirements--(1) Minimum sampling
requirements--(i) General requirements. (A) Data shall have been
obtained for at least three months of the refiner's or importer's
production of summer gasoline and at least three months of its
production of winter gasoline. When method 1 per batch RVP data is
available, a month is considered equivalent to 4 weeks of seasonal data.
(1) Method 1, per batch, actual RVP data will be used to define that
batch as either summer fuel or winter fuel. Summer fuel is defined as
fuel produced and intended for sale to satisfy Federal summer volatility
standards. When such per batch actual RVP data is not available, data is
allocated per month as follows. A summer month is defined as any month
during which more than 50 percent (by volume) of the gasoline produced
by a refiner met the Federal summer gasoline volatility requirements.
Winter shall be any month which could not be considered a summer month
under this definition.
(2) The three months which compose the summer and the winter data do
not have to be consecutive nor within the same year.
(3) If, in 1990, a refiner marketed all of its gasoline only in an
area or areas which experience no seasonal changes relative to gasoline
requirements, e.g., Hawaii, only 3 months of data are required.
(B) Once the minimum sampling requirements have been met, data
collection may cease. Additional data may only be included for the
remainder of the calendar year in which the minimum sampling
requirements were met. In any case, all data collected through the date
of collection of the last data point included in the determination of a
baseline fuel parameter value must be utilized in the baseline
determination of that fuel parameter.
(C) Less than the minimum requirements specified in paragraph (d)(1)
of this section may be allowed, upon petition and approval (per Sec.
80.93), if it can be shown that the available data is sufficient in
quality and quantity to use in the baseline determination.
(ii) Method 1 sampling requirements. At least half of the batches,
or shipments
[[Page 147]]
if not batch blended, in a calendar month shall have been sampled over a
minimum of six months in 1990.
(iii) Method 2 sampling requirements. (A) Continuous blendstock
streams shall have been sampled at least weekly over a minimum of six
months in 1990.
(B) For blendstocks produced on a batch basis, at least half of all
batches of a single blendstock type produced in a calendar month shall
have been sampled over a minimum of six months in 1990.
(iv) Method 3 sampling requirements--(A) Blendstock data. (1) Post-
1990 continuous blendstock streams shall have been sampled at least
weekly over a minimum of six months.
(2) For post-1990 blendstocks produced on a batch basis, at least
half of all batches of a single blendstock type produced in a calendar
month shall have been sampled over a minimum of six months.
(B) Gasoline data. At least half of the post-1990 batches, or
shipments if not batch blended, in a calendar month shall have been
sampled over a minimum of six months in order to use post-1990 gasoline
data.
(2) Sampling beyond today's date. The necessity and actual
occurrence of data collection after today's date must be shown.
(3) Negligible quantity sampling. Testing of a blendstock stream for
a fuel parameter listed in this paragraph (d)(3) is not required if the
refiner can show that the fuel parameter exists in the stream at less
than or equal to the amount, on average, shown in this paragraph (d)(3)
for that fuel parameter. Any fuel parameter shown to exist in a refinery
stream in negligible amounts shall be assigned a value of 0.0:
Aromatics, volume percent--1.0
Benzene, volume percent--0.15
Olefins, volume percent--1.0
Oxygen, weight percent--0.2
Sulfur, ppm--30.0
(4) Sample compositing. (i) Samples of gasoline or blendstock which
have been retained, but not analyzed, may be mixed prior to analysis and
analyzed, as described in paragraphs (d)(4)(iii) (A) through (H) of this
section, for the required fuel parameters. Samples must be from the same
season and year and must be of a single grade or of a single type of
batch-produced blendstock.
(ii) Blendstock samples of a single blendstock type obtained from
continuous processes over a calendar month may be mixed together in
equal volumes to form one blendstock sample and the sample subsequently
analyzed for the required fuel parameters.
(iii)(A) Samples shall have been collected and stored per the method
normally employed at the refinery in order to prevent change in product
composition with regard to baseline properties and to minimize loss of
volatile fractions of the sample.
(B) Properties of the retained samples shall be adjusted for loss of
butane by comparing the RVP measured right after blending with the RVP
determined at the time that the supplemental properties are measured.
(C) The volume of each batch or shipment sampled shall have been
noted and the sum of the volumes calculated to the nearest hundred (100)
barrels.
(D) For each batch or shipment sampled, the ratio of its volume to
the total volume determined in paragraph (d)(4)(iii)(C) of this section
shall be determined to three (3) decimal places. This shall be the
volumetric fraction of the shipment in the mixture.
(E) The total minimum volume required to perform duplicate analyses
to obtain values of all of the required fuel parameters shall be
determined.
(F) The volumetric fraction determined in paragraph (d)(4)(iii)(D)
of this section for each batch or shipment shall be multiplied by the
value determined in paragraph (d)(4)(iii)(E) of this section.
(G) The resulting value determined in paragraph (d)(4)(iii)(F) of
this section for each batch or shipment shall be the volume of each
batch or shipment's sample to be added to the mixture. This volume shall
be determined to the nearest milliliter.
(H) The appropriate volumes of each shipment's sample shall be
thoroughly mixed and the solution analyzed per the methods normally
employed at the refinery.
(5) Test methods. (i) If the test methods used to obtain fuel
parameter values of gasoline and gasoline
[[Page 148]]
blendstocks differ or are otherwise not equivalent in precision or
accuracy to the corresponding test method specified in Sec. 80.46,
results obtained under those procedures will only be acceptable, upon
petition and approval (per Sec. 80.93), if the procedures are or were
industry-accepted procedures for measuring the properties of gasoline
and gasoline blendstocks at the time the measurement was made.
(ii) Oxygen content may have been determined analytically or from
oxygenate blending records.
(A) The fuel parameter values, other than oxygen content, specified
in paragraph (a) of this section, must be established as for any
blendstock, per the requirements of this paragraph (d).
(B) All oxygen associated with allowable gasoline oxygenates per
Sec. 80.2(jj) shall be included in the determination of the baseline
oxygen content, if oxygen content was determined analytically.
(C) Oxygen content shall be assumed to be contributed solely by the
oxygenate which is indicated on the blending records, if oxygen content
was determined from blending records.
(6) Data quality. Data may be excluded from the baseline
determination if it is shown to the satisfaction of the Director of the
Office of Mobile Sources, or designee, that it is not within the normal
range of values expected for the gasoline or blendstock sample,
considering unit configuration, operating conditions, etc.; due to:
(i) Improper labeling; or
(ii) Improper testing; or
(iii) Other reasons as verified by the auditor specified in Sec.
80.92.
(e) Baseline fuel parameter determination--(1) Closely integrated
gasoline producing facilities. Each refinery or blending facility must
determine a set of baseline fuel parameter values per this paragraph
(e). A single set of baseline fuel parameters may be determined, upon
petition and approval, for two or more facilities under either of the
following circumstances:
(i) Two or more refineries or sets of gasoline blendstock-producing
units of a refiner engaged in the production of gasoline per paragraph
(b)(1) of this section which are geographically proximate to each other,
yet not within a single refinery gate, and whose 1990 operations were
significantly interconnected.
(ii) A gasoline blending facility operating per paragraph (b)(3) of
this section received at least 75 percent of its 1990 blendstock volume
from a single refinery, or from one or more refineries which are part of
an aggregate baseline per Sec. 80.101(h). The blending facility and
associated refinery(ies) must be owned by the same refiner.
(2) Equations--(i) Parameter determinations. Average baseline fuel
parameters shall be determined separately for summer and winter using
summer and winter data (per paragraph (d)(1)(i)(A) of this section),
respectively, in the applicable equation listed in paragraphs (e)(2)
(ii) through (iv) of this section, except that average baseline winter
RVP shall be 8.7 psi.
(ii) Product included in parameter determinations. In each of the
equations listed in paragraphs (e)(2) (ii) through (iv) of this section,
the following shall apply:
(A)(1) All gasoline produced to meet EPA's 1990 summertime
volatility requirements shall be considered summer gasoline. All other
gasoline shall be considered winter gasoline, except:
(2) Gasoline produced or imported for use in Hawaii, the
Commonwealth of Puerto Rico, and the Virgin Islands that is subject to
an approved petition under Sec. 80.93(d)(2) shall be considered summer
gasoline for purposes of paragraph (e) of this section.
(B)(1) Baseline total annual 1990 gasoline volume shall be the
larger of the total volume of gasoline produced in or shipped from the
refinery in 1990.
(2) Baseline summer gasoline volume shall be the total volume of low
volatility gasoline which met EPA's 1990 summertime volatility
requirements. Baseline summer gasoline volume shall be determined on the
same basis (produced or shipped) as baseline total annual gasoline
volume.
(3) Baseline winter gasoline volume shall be the baseline total
annual gasoline volume minus the baseline summer gasoline volume.
(C) Fuel parameter values shall be determined in the same units and
at least to the same number of decimal
[[Page 149]]
places as the corresponding fuel parameter listed in paragraph (c)(5) of
this section.
(D) Volumes shall be reported to the nearest barrel or to the degree
at which historical records were kept.
(iii) Method 1. Summer and winter Method 1-type data, per paragraph
(c)(1) of this section, shall be evaluated separately according to the
following equation:
[GRAPHIC] [TIFF OMITTED] TR16FE94.013
where:
Xbs = summer or winter baseline value of fuel parameter X for
the refinery
s = season, summer or winter, per paragraph (d)(1)(i)(A)(1) of this
section
g = separate grade of season s gasoline produced by the refinery in 1990
ps = total number of different grades of season s gasoline
produced by the refinery in 1990
Tgs = total volume of season s grade g gasoline produced in
1990
Ns = total volume of season s gasoline produced by the
refinery in 1990
i = separate batch or shipment of season s 1990 gasoline sampled
ngs = total number of season s samples of grade g gasoline
Xgis = parameter value of grade g gasoline sample i in season
s
Vgis = volume of season s grade g gasoline sample i
SGgis = specific gravity of season s grade g gasoline sample
i (used only for fuel parameters measured on a weight basis)
(iv) Method 2. Summer and winter Method 2-type data, per paragraph
(c)(2) of this section, shall be evaluated separately according to the
following equation:
[GRAPHIC] [TIFF OMITTED] TR20JY94.000
where
Xbs = Summer or winter baseline value of fuel parameter x for
the refinery
s = season, summer or winter, per paragraph (d)(1)(i)(A)(1) of this
section
j = type of blendstock (e.g., reformate, isomerate, alkylate, etc.)
ms = total types of blendstocks in season s 1990 gasoline
Tjs = total 1990 volume of blendstock j used in the
refinery's season s gasoline
Ns = total volume of season s gasoline produced in the
refinery in 1990
i = sample of blendstock j
njs = number of samples of season s blendstock j from
continuous process streams
Xijs = parameter value of sample i of season s blendstock j
pjs = number of samples of season s batch-produced blendstock
j
Vijs = volume of batch of sample i of season s blendstock j
SGijs = specific gravity of sample i of season s blendstock j
(used only for fuel parameters measured on a weight basis)
(v) Method 3. (A) Post-1990 Blendstock. Summer and winter Method 3-
type data, per paragraph (c)(3) of
[[Page 150]]
this section, shall be evaluated separately according to the following
equation:
[GRAPHIC] [TIFF OMITTED] TR16FE94.015
where
Xbs = Summer or winter baseline value of fuel parameter X for
the refinery
s = season, summer or winter, per paragraph (d)(1)(i)(A)(1) of this
section
j = type of blendstock (e.g., reformate, isomerate, alkylate, etc.)
ms = total types of blendstocks in season s 1990 gasoline
Tjs = total 1990 volume of blendstock j used in the
refinery's season s gasoline
Ns = total volume of season s gasoline produced in the
refinery in 1990
i = sample of post-1990 season s blendstock j
njs = number of samples of post-1990 season s blendstock j
from continuous process streams
Xijs = parameter value of sample i of post-1990 season s
blendstock j
pjs = number of samples of post-1990 season s batch-produced
blendstock j
Vijs = volume of post-1990 batch of sample i of season s
blendstock j
SGijs = specific gravity of sample i of season s blendstock j
(used only for fuel parameters measured on a weight basis)
(B) Post-1990 gasoline. Summer and winter Method 3-type gasoline
data, per paragraph (c)(3) of this section, shall be evaluated
separately according tothe following equation:
[GRAPHIC] [TIFF OMITTED] TR16FE94.016
where:
Xbs = Summer or winter baseline value of fuel parameter X for
the refinery
s = season, summer or winter, per paragraph (d)(1)(i)(A)(1) of this
section
g = separate grade of season s gasoline produced by the refinery in 1990
ps = total number of different grades of season s gasoline
produced by the refinery in 1990
Tgs = total volume of season s grade g gasoline produced in
1990
Ns = total volume of season s gasoline produced by the
refinery in 1990
i = separate batch or shipment of post-1990 season s gasoline sampled
ngs = total number of samples of post-1990 season s grade g
gasoline
Xgis = parameter value of post-1990 grade g season s gasoline
sample i
Vgis = volume of post-1990 season s grade g gasoline sample i
SGgis = specific gravity of post-1990 season s grade g
gasoline sample i (used only for fuel parameters measured on a
weight basis)
(3) Percent evaporated determination. (i) Baseline E200 and E300
values shall be determined directly from actual measurement data.
(ii) If the data per paragraph (e)(3)(i) of this section are
unavailable, upon petition and approval, baseline E200 and E300 values
shall be determined from the following equations using the
[[Page 151]]
baseline T50 and T90 values, if the baseline T50 and T90 values are
otherwise acceptable:
E200 = 147.91 - (0.49 x T50)
E300 = 155.47 - (0.22 x T90)
(4) Oxygen in the baseline. Baseline fuel parameter values shall be
determined on both an oxygenated and non-oxygenated basis.
(i) If baseline values are determined first on an oxygenated basis,
per paragraph (e) of this section, the calculations in paragraphs
(e)(4)(i) (A) through (C) of this section shall be performed to
determine the value of each baseline parameter on a non-oxygenated
basis.
(A) Benzene, aromatic, olefin and sulfur content shall be determined
on a non-oxygenated basis according to the following equation:
UV = [AV/(100-OV)] x 100
where
UV = non-oxygenated parameter value
AV = oxygenated parameter value
OV = 1990 oxygenate volume as a percent of total production
(B) Reid vapor pressure (RVP) shall be determined on a non-
oxygenated basis according to the following equation:
[GRAPHIC] [TIFF OMITTED] TR20JY94.001
where
UR = non-oxygenated RVP (baseline value)
BR = oxygenated RVP
i = type of oxygenate used in 1990
n = total number of different types of oxygenates used in 1990
OVi = 1990 volume, as a percent of total production, of
oxygenate i
ORi = blending RVP of oxygenate i
(C) Test data and engineering judgement shall be used to estimate
T90, T50, E300 and E200 baseline values on a non-oxygenated basis.
Allowances shall be made for physical dilution and distillation effects
only, and not for refinery operational changes, e.g., decreased reformer
severity required due to the octane value of oxygenate which would
reduce aromatics.
(ii) If baseline values are determined first on a non-oxygenated
basis, the calculations in paragraphs (e)(4)(ii) (A) through (C) of this
section shall be performed to determine the value of each baseline
parameter on an oxygenated basis.
(A) Benzene, aromatic, olefin and sulfur content shall be determined
on an oxygenated basis according to the following equation:
AV = UV x (100 - OV) / 100
where
AV = oxygenated parameter value
UV = non-oxygenated parameter value
OV = 1990 oxygenate volume as a percent of total production
(B) Reid vapor pressure (RVP) shall be determined on an oxygenated
basis according to the following equation:
[GRAPHIC] [TIFF OMITTED] TR20JY94.002
where
BR = oxygenated RVP
UR = non-oxygenated RVP
i = type of oxygenate
n = total number of different types of oxygenates
OVi = 1990 volume, as a percent of total production, of
oxygenate i
ORi = blending RVP of oxygenate i
[[Page 152]]
(C) Test data and engineering judgement shall be used to estimate
T90, T50, E300 and E200 baseline values on an oxygenated basis.
Allowances shall be made for physical dilution and distillation effects
only, and not for refinery operational changes, e.g., decreased reformer
severity required due to the octane value of oxygenate which would
reduce aromatics.
(5) Work-in-progress. A refiner may, upon petition and approval (per
Sec. 80.93), be allowed to account for work- in-progress at one or more
of its refineries in 1990 in the determination of that refinery's
baseline fuel parameters using Method 1, 2 or 3-type data if it meets
the requirements specified in this paragraph (e)(5).
(i) Work-in-progress shall include:
(A) Refinery modification projects involving gasoline blendstock or
distillate producing units which were under construction in 1990; or
(B) Refinery modification projects involving gasoline blendstock or
distillate producing units which were contracted for prior to or in 1990
such that the refiner was committed to purchasing materials and
constructing the project.
(ii) The modifications discussed in paragraph (e)(5)(i) of this
section must have been initiated with intent of complying with a
legislative or regulatory environmental requirement enacted or
promulgated prior to January 1, 1991.
(iii) When comparing emissions or parameter values determined with
and without the anticipated work-in-progress adjustment, at least one of
the following situations results when comparing annual average baseline
values per Sec. 80.90:
(A) A 2.5 percent or greater difference in exhaust benzene emissions
(per Sec. 80.90); or
(B) A 2.5 percent or greater difference in total exhaust toxics
emissions (per Sec. 80.90(d)); or
(C) A 2.5 percent or greater difference in NOX emissions
(per Sec. 80.90(e)); or
(D) A 10.0 percent or greater difference in sulfur values; or
(E) A 10.0 percent or greater difference in olefin values; or
(F) A 10.0 percent or greater difference in T90 values.
(iv) The requirements of paragraph (e)(5)(iii) of this section shall
be determined according to the following equation:
[GRAPHIC] [TIFF OMITTED] TR16FE94.020
(v) The capital involved in the work-in-progress is at least:
(A) 10.0 percent of the refinery's depreciated book value as of the
work-in-progress start-up date; or
(B) $10 million.
(vi) Sufficient data shall have been obtained since reliable
operation of the work-in-progress was achieved. Such data shall be used
in the determination of the baseline value, due to the work-in-progress,
of each of the fuel parameters specified in Sec. 80.91(a)(2)(i) and as
verification of the effect of the work-in-progress.
(A) The baseline value, due to the work-in-progress, of each of the
fuel parameters specified in Sec. 80.91(a)(2)(i) shall be used in the
determination of the emissions specified in Sec. 80.90.
(B) The baseline values of sulfur, olefins and E300, due to the
work-in-progress, shall be used in the determination of the emissions
specified in Sec. 80.41(j)(3).
(vii) The annual average baseline values of exhaust benzene
emissions, per Sec. 80.90(b) and Sec. 80.90(c), exhaust toxics
emissions, per Sec. 80.90(d), and NOX emissions, per Sec.
80.90(e), are the values resulting from the work-in-progress baseline
adjustment, not to exceed the larger of:
(A) The unadjusted annual average baseline value of each emission
specified in this paragraph (e)(5)(vii); or
(B) The following values:
(1) Exhaust benzene emissions, simple model, 6.77;
[[Page 153]]
(2) Exhaust benzene emissions, complex model, 34.68 mg/mile;
(3) Exhaust toxics emissions, 53.20 mg/mile in Phase I, 109.7 mg/
mile in Phase II;
(4) NOX emissions, 750.1 mg/mile in Phase I, 1534. mg/
mile in Phase II.
(viii) When compliance is achieved using the simple model, per Sec.
80.41 and/or Sec. 80.101, the baseline values of sulfur, olefins and
T90 are the values resulting from the work-in-progress baseline
adjustment, not to exceed the larger of:
(A) The unadjusted annual average baseline value of each fuel
parameter specified in paragraph (e)(5)(viii) of this section; or
(B) The following values:
(1) Sulfur, 355 ppm;
(2) Olefins, 11.3 volume percent;
(3) T90, 349 [deg]F; or
(C) An adjusted annual average baseline fuel parameter value for
sulfur, olefins and T90 such that exhaust emissions of VOC, toxics, and
NOX do not exceed the complex model emission levels specified
in paragraph (e)(5)(vii)(B) of this section. In the petition for a work-
in-progress adjustment, the refiner shall specify sulfur, olefins and
T90 values that meet these emission levels.
(ix) All work-in-progress adjustments must be accompanied by:
(A) Unadjusted and adjusted fuel parameters, emissions, and volumes;
and
(B) A description of the current status of the work-in-progress
(i.e., the refinery modification project) and the date on which normal
operations were achieved; and
(C) A narrative describing the situation, the types of calculations,
and the reasoning supporting the types of calculations done to determine
the adjusted values.
(6) Baseline adjustment for extenuating circumstances. (i) Baseline
adjustments may be allowed, upon petition and approval (per Sec.
80.93), if a refinery had downtime of a gasoline blendstock producing
unit for 30 days or more in 1990 due to:
(A) Unplanned, unforeseen circumstances; or
(B) Non-annual maintenance (turnaround).
(ii) Fuel parameter and volume adjustments shall be made by assuming
that the downtime did not occur in 1990.
(iii) All extenuating circumstance adjustments must be accompanied
by:
(A) Unadjusted and adjusted fuel parameters, emissions, and volumes;
and
(B) A description of the current status of the extenuating
circumstance and the date on which normal operations were achieved; and
(C) A narrative describing the situation, the types of calculations,
and the reasoning supporting the types of calculations done to determine
the adjusted values.
(7) Baseline adjustments for 1990 JP-4 production. (i) Baseline
adjustments may be allowed, upon petition and approval (per Sec.
80.93), if a refinery produced JP-4 jet fuel in 1990 and all of the
following requirements are also met:
(A) Refinery type.
(1) The refinery is the only refinery of a refiner such that it
cannot form an aggregate baseline with another refinery (per Sec.
80.101(h)); or
(2) The refinery is one refinery of a multi-refinery refiner for
which all of the refiner's refineries produced JP-4 in 1990; or
(3) The refinery is one refinery of a multi-refinery refiner for
which not all of the refiner's refineries produced JP-4 in 1990.
(B) No refinery of a given refiner produces reformulated gasoline.
If any refinery of the refiner produces reformulated gasoline at any
time in a calendar year, the compliance baselines of all the refiner's
refineries receiving a baseline adjustment per this paragraph (e)(7)
shall revert to the unadjusted baselines of each respective refinery for
that year and all subsequent years.
(C) 1990 JP-4 to gasoline ratio.
(1) For a refiner per paragraph (e)(7)(i)(A)(1) of this section, the
ratio of its refinery's 1990 JP-4 production to its 1990 gasoline
production must be greater than or equal to 0.15.
(2) For a refiner per paragraph (e)(7)(i)(A)(2) of this section, the
ratio of each of its refinery's 1990 JP-4 production to its 1990
gasoline production must be greater than or equal to 0.15.
(3) For a refiner per paragraph (e)(7)(i)(A)(3) of this section, the
ratio of the refiner's 1990 JP-4 production to
[[Page 154]]
its 1990 gasoline production must be greater than or equal to 0.15, when
determined across all of its refineries. Such a refiner must comply with
its anti-dumping requirements on an aggregate basis, per Sec.
80.101(h), across all of its refineries.
(ii) Fuel parameter and volume adjustments shall be made by assuming
that no JP-4 was produced in 1990.
(iii) All adjustments due to 1990 JP-4 production must be
accompanied by:
(A) Unadjusted and adjusted fuel parameters, emissions, and volumes;
and
(B) A narrative describing the situation, the types of calculations,
and the reasoning supporting the types of calculations done to determine
the adjusted values.
(8) Baseline adjustments due to increasing crude sulfur content.
(i) Baseline adjustments may be allowed, upon petition and approval
(per Sec. 80.93), if a refinery meets all of the following
requirements:
(A) The refinery does not produce reformulated gasoline. If the
refinery produces reformulated gasoline at any time in a calendar year,
its compliance baseline shall revert to its unadjusted baseline for that
year and all subsequent years;
(B) Has an unadjusted baseline sulfur value which is less than or
equal to 50 parts per million (ppm);
(C) Is not aggregated with one or more other refineries (per Sec.
80.101(h)). If a refinery which received an adjustment per this
paragraph (e)(8) subsequently is included in an aggregate baseline, its
compliance baseline shall revert to its unadjusted baseline for that
year and all subsequent years;
(D) Can show that installation of the refinery units necessary to
process higher sulfur crude oil supplies to comply with the refinery's
unadjusted baseline would cost at least $10 million or be greater than
or equal to 10 percent of the depreciated book value of the refinery as
of January 1, 1995;
(E) Can show that it could not reasonably or economically obtain
crude oil from an alternative source that would permit it to produce
conventional gasoline which would comply with its unadjusted baseline;
(F) Has experienced an increase of greater than or equal to 25
percent in the average sulfur content of the crude oil used in the
production of gasoline in the refinery since 1990, calculated as
follows:
[GRAPHIC] [TIFF OMITTED] TR04MR97.002
where:
CSHI = highest annual average crude sulfur (in ppm), of the crude slates
used in the production of gasoline, determined over the years
1991-1994;
CS90 = 1990 annual average crude slate sulfur (in ppm), of the crude
slates used in the production of gasoline;
CS%CHG = percent change in average sulfur content of crude slate;
(G) Can show that gasoline sulfur changes are directly and solely
attributable to the crude sulfur change, and not due to alterations in
refinery operation nor choice of products.
(ii) The adjusted baseline sulfur value shall be the actual baseline
sulfur value, in ppm, plus 100 ppm.
(iii) All adjustments made pursuant to this paragraph (e)(8) must be
accompanied by:
(A) Unadjusted and adjusted fuel parameters and emissions; and
(B) A narrative describing the situation, the types of calculations,
and the reasoning supporting the types of calculations done to determine
the adjusted values.
(9) Baseline adjustment for low sulfur and olefins.
(i) Baseline adjustments may be allowed if a refinery meets all of
the following requirements:
(A) The unadjusted annual average baseline sulfur value of the
refinery is less than or equal to 30 parts per million (ppm);
(B) The unadjusted annual average baseline olefin value of the
refinery is less than or equal to 1.0 percent by volume (vol%).
(ii) Adjusted baseline values.
(A) The adjusted baseline shall have an annual average sulfur value
of 30 ppm, and an annual average olefin value of 1.0 vol%.
(B) The adjusted baseline shall have a summer sulfur value of 30
ppm, and a summer olefin value of 1.0 vol%.
(C) The adjusted baseline shall have a winter sulfur value of 30
ppm, and a winter olefin value of 1.0 vol%.
[[Page 155]]
(f) Baseline volume and emissions determination--(1) Individual
baseline volume. (i) The individual baseline volume of a refinery
described in paragraph (b)(1)(i) of this section shall be the larger of
the total gasoline volume produced in or shipped from the refinery in
1990, excluding gasoline blendstocks and exported gasoline, and
including the oxygenate volume associated with any product meeting the
requirements specified in paragraph (c)(1)(ii) of this section.
(ii) Gasoline brought into the refinery in 1990 which exited the
refinery, in 1990, unchanged shall not be included in determining the
refinery's baseline volume.
(iii) If a refiner is allowed to adjust its baseline per paragraphs
(e)(5) through (e)(7) of this section, its individual baseline volume
shall be the volume determined after the adjustment.
(iv) The individual baseline volume for facilities deemed closely
integrated, per paragraph (e)(1) of this section, shall be the combined
1990 gasoline production of the facilities, so long as mutual volumes
are not double-counted, i.e., volumes of blendstock sent from the
refinery to the blending facility should not be included in the blending
facility's volume.
(v) The baseline volume of a refiner, per paragraph (b)(3) of this
section, shall be the larger of the total gasoline volume produced in or
shipped from the refinery in 1990, excluding gasoline blendstocks and
exported gasoline.
(vi) The baseline volume of an importer, per paragraph (b)(4) of
this section, shall be the total gasoline volume imported into the U.S.
in 1990.
(2) Individual baseline emissions. (i) Individual annual average
baseline emissions (per Sec. 80.90) shall be determined for every
refinery, refiner or importer, as applicable.
(ii) If the baseline fuel value for aromatics, olefins, and/or
benzene (determined per paragraph (e) of this section) is higher than
the high end of the valid range limits specified in Sec. 80.42(c)(1) if
compliance is being determined under the Simple Model, or in Sec.
80.45(f)(1)(ii) if compliance is being determined under the Complex
Model, then the valid range limits may be extended for conventional
gasoline in the following manner:
(A) The new high end of the valid range for aromatics is determined
from the following equation:
NAROLIM = AROBASE + 5.0 volume percent
where
NAROLIM = The new high end of the valid range limit for aromatics, in
volume percent
AROBASE = The seasonal baseline fuel value for aromatics, in volume
percent
(B) The new high end of the valid range for olefins is determined
from the following equation:
NOLELIM = OLEBASE + 3.0 volume percent
where
NOLELIM = The new high end of the valid range limit for olefins, in
volume percent
OLEBASE = The seasonal baseline fuel value for olefins, in volume
percent
(C) The new high end of the valid range for benzene is determined
from the following equation:
NBENLIM = BENBASE + 0.5 volume percent
where
NBENLIM = The new high end of the valid range limit for benzene, in
volume percent
BENBASE = The seasonal baseline fuel value for benzene, in volume
percent
(D) The extension of the valid range is limited to the applicable
summer or winter season in which the baseline fuel values for aromatics,
olefins, and/or benzene exceed the high end of the valid range as
described in paragraph (f)(2)(ii) of this section. Also, the extension
of the valid range is limited to use by the refiner whose baseline value
for aromatics, olefins, and/or benzene was higher than the valid range
limits as described in paragraph (f)(2)(ii) of this section.
(E) Any extension of the Simple Model valid range limits is
applicable only to the Simple Model. Likewise any extension of the
Complex Model valid range limits is applicable only to the Complex
Model.
(F) The valid range extensions calculated in paragraphs
(f)(2)(ii)(A), (B), and (C) of this section are applicable to
[[Page 156]]
both the baseline fuel and target fuel for the purposes of determining
the compliance status of conventional gasolines. The extended valid
range limit represents the maximum value for that parameter above which
fuels cannot be evaluated with the applicable compliance model.
(G) Under the Simple Model, baseline and compliance calculations
shall subscribe to the following limitations:
(1) If the aromatics valid range has been extended per paragraph
(f)(2)(ii)(A) of this section, an aromatics value equal to the high end
of the valid range specified in Sec. 80.42(c)(1) shall be used for the
purposes of calculating the exhaust benzene fraction.
(2) If the fuel benzene valid range has been extended per paragraph
(f)(2)(ii)(C) of this section, a benzene value equal to the high end of
the valid range specified in Sec. 80.42(c)(1) shall be used for the
purposes of calculating the exhaust benzene fraction.
(H) Under the Complex Model, baseline and compliance calculations
shall subscribe to the following limitations:
(1) If the aromatics valid range has been extended per paragraph
(f)(2)(ii)(A) of this section, an aromatics value equal to the high end
of the valid range specified in Sec. 80.45(f)(1)(ii) shall be used for
the purposes of calculating emissions performances.
(2) If the olefins valid range has been extended per paragraph
(f)(2)(ii)(B) of this section, an olefins value equal to the high end of
the valid range specified in Sec. 80.45(f)(1)(ii) shall be used for the
target fuel for the purposes of calculating emissions performances.
(3) If the benzene valid range has been extended per paragraph
(f)(2)(ii)(C) of this section, a benzene value equal to the high end of
the valid range specified in Sec. 80.45(f)(1)(ii) shall be used for the
target fuel for the purposes of calculating emissions performances.
(iii) Facilities deemed closely integrated, per paragraph (e)(1) of
this section, shall have a single set of annual average individual
baseline emissions.
(iv) Aggregate baselines (per Sec. 80.101(h)) must have the
NOX emissions of all refineries in the aggregate determined
on the same basis, using either oxygenated or non-oxygenated baseline
fuel parameters.
(3) Geographic considerations requiring individual conventional
gasoline compliance baselines. (i) Anyone may petition EPA to establish
separate baselines for refineries located in and providing conventional
gasoline to an area with a limited gasoline distribution system if it
can show that the area is experiencing increased toxics emissions due to
an ozone nonattainment area opting into the reformulated gasoline
program pursuant to section 211(k)(6) of the Act.
(ii) If EPA agrees with the finding of paragraph (f)(4)(i) of this
section, it shall require that the baselines of such refineries be
separate from refineries not located in the area.
(iii) If two (2) or more of a refiner's refineries are located in
the geographic area of concern, the refiner may aggregate the baseline
emissions and sulfur, olefin and T90 values of the refineries or have an
individual baseline for one or more of the refineries, per paragraph
(f)(3) of this section.
(4) Baseline recalculations. Aggregate baseline exhaust emissions
(per Sec. 80.90) and baseline sulfur, olefin and T90 values and
aggregate baseline volumes shall be recalculated under the following
circumstances:
(i) A refinery included in an aggregate baseline is entirely
shutdown. If the shutdown refinery was part of an aggregate baseline,
the aggregate baseline emissions, aggregate baseline sulfur, olefin and
T90 values and aggregate volume shall be recalculated to account for the
removal of the shutdown refinery's contributions to the aggregate
baseline.
(ii) A refinery exchanges owners.
(A) All aggregate baselines affected by the exchange shall be
recalculated to reflect the addition or subtraction of the baseline
exhaust emissions, sulfur, olefin and T90 values and volumes of that
refinery.
(B) The new owner may elect to establish an individual baseline for
the refinery or to include it in an aggregate baseline.
(C) If the refinery was part of an aggregate of three or more
refineries, the remaining refineries in the aggregate from which that
refinery was removed
[[Page 157]]
will have a new aggregate baseline. If the refinery was part of an
aggregate of only two refineries, the remaining refinery will have an
individual baseline.
(g) Inability to meet the requirements of this section. If a refiner
or importer is unable to comply with one or more of the requirements
specified in paragraphs (a) through (f) of this section, it may, upon
petition and approval, accommodate the lack of compliance in a
reasonable, logical, technically sound manner, considering the
appropriateness of the alternative. A narrative of the situation, as
well as any calculations and results determined, must be documented.
[59 FR 7860, Feb. 16, 1994, as amended at 59 FR 36966, July 20, 1994; 60
FR 6032, Feb. 1, 1995; 60 FR 40008, Aug. 4, 1995; 62 FR 9883, Mar. 4,
1997; 67 FR 8737, Feb. 26, 2002; 72 FR 60579, Oct. 25, 2007]
Sec. 80.92 Baseline auditor requirements.
(a) General requirements. (1) Each refiner or importer is required
to have its individual baseline determination methodology, resulting
baseline fuel parameter, volume and emissions values verified by an
auditor which meets the requirements described in this section. A
refiner or importer which has the anti-dumping statutory baseline as its
individual baseline is exempt from this requirement.
(2) An auditor may be an individual or organization, and may utilize
contractors and subcontractors to assist in the verification of a
baseline.
(3) If an auditor is an organization, one or more persons shall be
designated as primary analyst(s). The primary analyst(s) shall meet the
requirements described in paragraphs (c) (2) and (3) of this section and
shall be responsible for the baseline audit per paragraph (f) of this
section.
(b) Independence. The auditor, its contractors, subcontractors and
their organizations shall be independent of the submitting organization.
All of the criteria listed in paragraphs (b) (1) and (2) of this section
must be met by every individual involved in substantive aspects of the
baseline verification.
(1) Previous employment criteria. (i) None of the auditing
personnel, including any contractor or subcontractor personnel, involved
in the baseline verification for a refiner or importer shall have been
employed by the refiner or importer at any time during the three (3)
years preceding the date of hire of the auditor by the refiner or
importer for baseline verification purposes.
(ii) Auditor personnel may have been a contractor or subcontractor
to the refiner or importer, as long as all other criteria listed in this
section are met.
(iii) Auditor personnel may also have developed the baseline of the
refiner or importer whose baseline they are auditing, but not as an
employee (per paragraph (b)(1)(i) of this section). Those involved only
in the development of the baseline of the refiner or importer need not
meet the requirements specified in this section.
(2) Financial criteria. Neither the primary analyst, nor the
auditing organization nor any organization or individual which may be
contracted or subcontracted to supply baseline verification expertise
shall:
(i) Have received more than one quarter of its revenue from the
refiner or importer during the year prior to the date of hire of the
auditor by the refiner or importer for auditing purposes. Income
received from the refiner or importer to develop the baseline being
audited is excepted; nor
(ii) Have a total of more than 10 percent of its net worth with the
refiner or importer; nor
(iii) Receive compensation for the audit which is dependent on the
outcome of the audit.
(c) Technical ability. All of the following criteria must be met by
the auditor in order to demonstrate its technical capability to perform
the baseline audit:
(1) The auditor shall be technically capable of evaluating a
baseline determination. It shall have personnel familiar with petroleum
refining processes, including associated computational procedures,
methods of product analysis and economics, and expertise in conducting
the auditing process, including skills for effective data gathering and
analysis.
(2) The primary analyst must understand all technical details of the
entire baseline audit process.
[[Page 158]]
(3)(i) The primary analyst shall have worked at least five (5) years
in either refinery operations or as a consultant for the refining
industry.
(ii) If one or more computer models designed for refinery planning
and/or economic analysis are used in the verification of an individual
baseline, the primary analyst must have at least three (3) years
experience working with the model(s) utilized in the verification.
(iii) EPA may, upon petition, waive one or more of the requirements
specified in paragraph (c)(3) of this section if the technical
capability of the primary analyst is demonstrated to the satisfaction of
the Director of the Office of Mobile Sources, or designee.
(d) Auditor qualification statement. A statement documenting the
qualifications of the auditor, primary analyst(s), contractors,
subcontractors and their organizations must be submitted to EPA (Fuel
Studies and Standards Branch, Baseline Auditor, U.S. EPA, 2565 Plymouth
Rd., Ann Arbor, MI 48105).
(1) Timing. (i) The auditor qualification statement may be submitted
by the refiner or importer prior to baseline submission (per Sec.
80.93) or by a potential auditor at any time. The auditor will be deemed
certified when all qualifications are met, to the satisfaction of the
Director of the Office of Mobile Sources, or designee. If no response is
received from EPA within 45 days of application or today's date,
whichever is later, the auditor shall be deemed certified.
(ii) The auditor qualification statement may be submitted by the
refiner or importer with its baseline submission (per Sec. 80.93). If
the auditor does not meet the criteria specified in this section, the
baseline submission will not be accepted.
(2) Content. The auditor qualification statement must contain all of
the following information and may contain additional information which
may aid EPA's review of the qualification statement:
(i) The name and address of each person and organization involved in
substantive aspects of the baseline audit, including the auditor,
primary analyst(s), others within the organization, and contractors and
subcontractors;
(ii) The refiners and/or importers for which the auditor, its
contractors and subcontractors and their organizations do not meet the
independence criteria described in paragraph (b) of this section; and
(iii) The technical qualifications and experience of each person
involved in the baseline audit, including a showing that the
requirements described in paragraph (c) of this section are met.
(e) Refiner and importer responsibility. (1) Each refiner and
importer required to have its baseline verified by an auditor (per
paragraph (a)(1) of this section) is responsible for utilizing an
auditor for baseline verification which meets the requirements specified
in paragraphs (b) and (c) of this section.
(2) A refiner's or importer's baseline submission will not be
accepted until it has been verified using an auditor which meets the
requirements specified in paragraphs (b) and (c) of this section.
(f) Auditor responsibilities. (1) The auditor must verify that all
baseline submission requirements are fulfilled. This includes, but is
not limited to, the following:
(i) Verifying that all data is correctly accounted for;
(ii) Verifying that all calculations are performed correctly;
(iii) Verifying that all adjustments to the data and/or calculations
to account for post-1990 data, work-in-progress, and/or extenuating or
other circumstances, as allowed per Sec. 80.91, are valid and performed
correctly.
(2) The primary analyst shall prepare and sign a statement, to be
included in the baseline submission of the refiner or importer, stating
that:
(i) He/she has thoroughly reviewed the sampling methodology and
baseline calculations; and
(ii) To the best of his/her knowledge, the requirements and
intentions of the rulemaking are met in the baseline determination; and
(iii) He/she agrees with the final baseline parameter, volume and
emission values listed in the baseline submission.
(3) The auditor may be subject to debarment under U.S.C. 1001 if it
displays
[[Page 159]]
gross incompetency, intentionally commits an error in the verification
process or misrepresents itself or information in the baseline
verification.
[59 FR 7860, Feb. 16, 1994, as amended at 67 FR 8737, Feb. 26, 2002]
Sec. 80.93 Individual baseline submission and approval.
(a) Submission timing. (1) Each refiner, blender or importer shall
submit two copies of its individual baseline to EPA (Fuel Studies and
Standards Branch, Baseline Submission, U.S. EPA, 2565 Plymouth Rd., Ann
Arbor, MI 48105) not later than June 1, 1994.
(2) If a refiner must collect data after December 15, 1993 (per
Sec. 80.91(d)(2)), it shall submit two copies of its individual
baseline to EPA (per Sec. 80.93(a)(1)) by September 1, 1994.
(3)(i) All petitions required for baseline adjustments or
methodology deviations will be approved or disapproved by the Director
of the Office of Mobile Sources, or designee. All instances where a
``showing'' or other proof is required are also subject to approval by
the Director of the Office of Mobile Sources, or designee.
(ii) Petitions, ``showings,'' and other associated proof may be
submitted to EPA prior to submittal of the individual baseline (per
paragraphs (a)(1) and (a)(2) of this section). EPA will attempt to
review and approve, disapprove or otherwise comment on the petition,
etc., prior to the deadline for baseline submittal.
(iii) In the event that EPA does not comment on the petition prior
to the deadline for baseline submittal, the refiner or importer must
still comply with the applicable baseline submittal deadline.
(iv) Petitions submitted prior to the deadline for baseline
submittals shall be submitted to the EPA at the following address: Fuels
Studies and Standards Branch, Baseline Petition, U.S. EPA, 2565 Plymouth
Road, Ann Arbor, Michigan 48105.
(4) If a baseline recalculation is required per Sec. 80.91(f),
documentation and recalculation of all affected baselines shall be
submitted to EPA within 30 days of the previous baseline(s) becoming
inaccurate due to the circumstances outlined in Sec. 80.91(f).
(b) Submission content. (1) Individual baseline submissions shall
include, at minimum, the information specified in this paragraph (b).
(i) During its review and evaluation of the baseline submission, EPA
may require a refiner or importer to submit additional information in
support of the baseline determination.
(ii) Additional information which may assist EPA during its review
and evaluation of the baseline may be included at the submitter's
discretion.
(2) Administrative information shall include:
(i) Name and business address of the refiner or importer;
(ii) Name, business address and business phone number of the company
contact;
(iii) Address and physical location of each refinery, terminal or
import facility;
(iv) Address and physical location where documents which are
supportive of the baseline determination for each facility are kept;
(3) The chief executive officer statement shall be:
(i) A statement signed by the chief executive officer of the
company, or designee, which states that:
(A) The company is complying with the requirements as a refiner,
blender or importer, as appropriate;
(B) The data used in the baseline determination is the extent of the
data available for the determination of all required baseline fuel
parameters;
(C) All calculations and procedures followed per Sec. Sec. 80.90
through 80.93 have been done correctly;
(D) Proper adjustments have been made to the data or in the
calculations, as applicable;
(E) The requirements and intentions of the rulemaking have been met
in determining the baseline fuel parameters; and
(F) The baseline fuel parameter values determined for each facility
represent that facility's 1990 gasoline to the fullest extent possible.
(ii) A refiner or importer which is permitted to utilize the
parameter values specified in Sec. 80.91(c)(5), and does so, shall
submit a statement signed by the chief executive officer of the company,
[[Page 160]]
or designee, indicating that insufficient data exist for a baseline
determination by the types of data allowed for that entity, as specified
in Sec. 80.91.
(4) The auditor-related requirements are:
(i) Name, address, telephone number and date of hire of each auditor
hired for baseline verification, whether or not the auditor was retained
through the baseline approval process.
(ii) Identification of the auditor responsible for the verification.
A copy of this auditor's qualification statement, per Sec. 80.92, must
be included if the auditor has not been approved by EPA, per Sec.
80.92;
(iii) Indication of the primary analyst(s) involved in each
refinery's baseline verification; and
(iv) The signed auditor verification statement, per Sec. 80.92.
(5) The following baseline information for each refinery, refiner or
importer, as applicable, shall be provided:
(i) Individual baseline fuel parameter values, on an oxygenated and
non-oxygenated basis, and on a summer and winter basis, per Sec. 80.91;
(ii) Individual baseline exhaust emissions shall be shown
separately, on a summer, winter and annual average basis (per Sec.
80.90) as follows:
(A) Simple model exhaust benzene emissions;
(B) Complex model exhaust benzene emissions;
(C) Complex model exhaust toxics emissions, for Phase I;
(D) Complex model exhaust NOX emissions, for Phase I,
using oxygenated individual baseline fuel parameters;
(E) Complex model exhaust NOX emissions, for Phase I,
using non-oxygenated individual baseline fuel parameters;
(F) Complex model exhaust toxics emissions, for Phase II;
(G) Complex model exhaust NOX emissions, for Phase II,
using oxygenated individual baseline fuel parameters; and
(H) Complex model exhaust NOX emissions, for Phase II,
using non-oxygenated individual baseline fuel parameters;
(iii) Individual 1990 baseline gasoline volumes, per Sec. 80.91,
shall be shown separately on a summer, winter and annual average basis;
and
(iv) Blendstock-to-gasoline ratios for each calendar year 1990
through to 1993, per Sec. 80.102.
(6) Confidential business information. (i) Upon approval of an
individual baseline, EPA will publish the individual annualized baseline
exhaust emissions, on an annual average basis, specified in paragraph
(b)(5)(ii) of this section. Such individual baseline exhaust emissions
shall not be considered confidential. In addition, the reporting
information required under Sec. 80.75(b)(2)(ii) (D), (G) and (J), and
Sec. 80.105(a)(4)(i) (E), (H) and (K) shall not be considered
confidential.
(ii) Information in the baseline submission which the submitter
desires to be considered confidential business information (per 40 CFR
part 2, subpart B) must be clearly identified. If no claim of
confidentiality accompanies a submission when it is received by EPA, the
information may be made available to the public without further notice
to the submitter pursuant to the provisions of 40 CFR part 2, subpart B.
(7) Information related to baseline determination as specified in
Sec. 80.91 and paragraph (c) of this section.
(c) Additional baseline submission requirements when Method 1-, 2-
and/or 3-type data is utilized. All requirements of this paragraph shall
be reported separately for each facility, unless the facilities are
closely integrated, per Sec. 80.91.
(1) General. The following information shall be provided:
(i) The number of months in 1990 during which the facility was
operating;
(ii) 1990 summer gasoline production volume, per Sec. 80.91, total
and by grade, for all gasoline produced but not exported;
(iii) 1990 winter gasoline production volume, per Sec. 80.91, total
and by grade, for all gasoline produced, excluding gasoline exported;
and
(iv) Whether this facility is actually two facilities which are
closely integrated, per Sec. 80.91.
(2) Baseline values. The following shall be included for each fuel
parameter for which a baseline value is required, per Sec. 80.91:
[[Page 161]]
(i) Narrative of the development of the baseline value of the fuel
parameter, including discussion of the sampling and calculation
methodologies, technical judgment used, effects of petition results on
calculated values, and any additional information which may assist EPA
in its review of the baseline;
(ii) Identification of the data-type(s), per Sec. 80.91, used in
the determination of a given fuel parameter;
(iii) Identification of test method. If not per Sec. 80.46, include
a narrative, explain differences and describing adequacy, per Sec.
80.91;
(iv) Documentation that the minimum sampling requirements per Sec.
80.91 have been met;
(v) Petition and narrative, if needed, for use of less than the
minimum required data, per Sec. 80.91;
(vi) Identification of instances of sample compositing per Sec.
80.91;
(vii) Identification of streams for which one or more parameter
values were deemed negligible per Sec. 80.91; and
(viii) Discussion of the calculation of oxygenated or non-oxygenated
fuel parameter values from non-oxygenated or oxygenated values,
respectively, per Sec. 80.91.
(3) Method 1. If Method 1-type data is utilized in the baseline
determination, the following information on 1990 batches of gasoline, or
shipments if not batch blended, are required by grade shall be provided:
(i) First and last sampling dates;
(ii) The following shall be indicated separately on a summer and
winter basis, by month:
(A) Number of months sampled;
(B) Number of 1990 batches, or shipments if not batch blended;
(C) Total volume of all batches or shipments;
(D) Number of batches or shipments sampled;
(E) Total volume of all batches or shipments sampled;
(F) Baseline fuel parameter value, per Sec. 80.91; and
(iii) A showing that data was available on every batch of 1990
gasoline, if applicable, per Sec. 80.91 (b)(3) or (b)(4).
(4) Method 2. If Method 2-type data is utilized in the baseline
determination, the following information on each type of 1990 blendstock
used in the refinery's gasoline are required, by blendstock type shall
be provided:
(i) First and last sampling dates; and
(ii) The following shall be indicated separately on a summer and
winter basis, by month:
(A) Number of months sampled;
(B) Each type of blendstock used in 1990 gasoline and total number
of blendstocks. Include all blendstocks produced, purchased or otherwise
received which were blended to produce gasoline within the facility.
Identify all blendstocks not produced in the facility but used in the
facility's 1990 gasoline;
(C) Total volume of each blendstock used in gasoline in 1990;
(D) Identification of blendstock streams as batch or continuous;
(E) Number of blendstock samples from continuous blendstock streams;
(F) Number of blendstock samples from batch processes, including
volume of each batch sampled; and
(G) Baseline fuel parameter value, per Sec. 80.91.
(5) Method 3, blendstock data. The following information on each
type of post-1990 gasoline blendstock used in the refinery's gasoline
are required, by blendstock type shall be provided:
(i) First and last sampling dates;
(ii) The following shall be indicated separately on a summer and
winter basis, by month:
(A) Number of post-1990 months sampled;
(B) Each type of blendstock used in 1990 gasoline and total number
of blendstocks. Include all blendstocks produced, purchased or otherwise
received which were blended to produce gasoline within the facility.
Identify all blendstocks not produced in the facility but used in the
facility's 1990 gasoline;
(C) Total volume of each blendstock used in gasoline in 1990;
(D) Identification of post-1990 blendstock streams as batch or
continuous;
(E) Number of post-1990 blendstock samples from continuous
blendstock streams;
(F) Number of post-1990 blendstock samples from batch processes,
including volume of each batch sampled; and
[[Page 162]]
(G) Baseline fuel parameter value, per Sec. 80.91; and
(iii) Support documentation showing that the criteria of Sec. 80.91
for using Method 3-type blendstock data are met.
(6) Method 3, post-1990 gasoline data. The following information on
post-1990 batches of gasoline, or shipments if not batch blended, are
required by grade:
(i) First and last sampling dates;
(ii) The following shall be indicated separately for summer and
winter production, by month:
(A) Number of post-1990 months sampled;
(B) Number of post-1990 batches, or shipments if not batch blended;
(C) Total volume of all post-1990 batches or shipments;
(D) Number of post-1990 batches or shipments sampled;
(E) Volume of each post-1990 batch or shipment sampled; and
(F) Baseline fuel parameter value, per Sec. 80.91; and
(iii) Support documentation showing that the criteria of Sec. 80.91
for using post-1990 gasoline data are met.
(7) Work-in-progress (WIP). All of the following must be included in
support of a WIP adjustment (per Sec. 80.91(e)(5)):
(i) Petition including identification of the specific baseline
emission(s) or parameter for which the WIP adjustment is desired;
(ii) Showing that all WIP criteria, per Sec. 80.91(e)(5), are met;
(iii) Unadjusted and adjusted baseline fuel parameters, emissions
and volume for the facility; and
(iv) Narrative, per Sec. 80.91 (e)(5).
(8) Extenuating circumstances. All of the following must be included
in support of an extenuating circumstance adjustment (per Sec. 80.91
(e)(6) through (e)(7)):
(i) Petition including identification of the allowable circumstance,
per Sec. 80.91 (e)(6) through (e)(7);
(ii) Showing that all applicable criteria, per Sec. 80.91 (e)(6)
through (e)(7), are met;
(iii) Unadjusted and adjusted baseline fuel parameters, emissions
and volume for the facility; and
(iv) Narrative, per Sec. 80.91.
(9) Other baseline information. Narrative discussing any aspects of
the baseline determination not already indicated per the requirements of
paragraph (c)(8) of this section shall be provided.
(10) Refinery information. The following information, on a summer or
winter basis, shall be provided:
(i) Refinery block flow diagram, showing principal refining units;
(ii) Principal refining unit charge rates and capacities;
(iii) Crude types utilized (names, gravities, and sulfur content)
and crude charge rates; and
(iv) Information on the following units, if utilized in the
refinery:
(A) Catalytic Cracking Unit: conversion, unit yields, gasoline fuel
parameter values (per Sec. 80.91(a)(2));
(B) Hydrocracking Unit: unit yields, gasoline fuel parameter values
(per Sec. 80.91(a)(2));
(C) Catalytic Reformer: unit yields, severities;
(D) Bottoms Processing Units (including, but not limited to, coking,
extraction and hydrogen processing): gasoline stream yields;
(E) Yield structures for other principal units in the refinery
(including but not limited to Alkylation, Polymerization, Isomerization,
Etherification, Steam Cracking).
(d) Requirements for a petition applicable to gasoline produced or
imported for use in Alaska, Hawaii, the Commonwealth of Puerto Rico, and
the Virgin Islands. (1)(i) Any refiner for any refinery or importer with
gasoline produced or imported for use in Alaska in its individual 1990
baseline may petition EPA to establish a separate 1990 baseline for
gasoline produced or imported for use in Alaska using the winter Complex
Model, and to use the winter statutory baseline values under Sec.
80.91(c)(5) for any gasoline produced or imported for use in Alaska
which is in excess of the refinery's or importer's 1990 volume of
gasoline produced or imported for use in Alaska for purposes of
determining the refinery's or importer's compliance baseline under Sec.
80.101(f)(4).
(ii) Any refiner for any refinery or importer with an individual
1990 baseline which did not include any gasoline produced or imported
for use in Alaska in 1990 may petition EPA to establish the refinery's
or importer's winter
[[Page 163]]
baseline values as the compliance baseline under Sec. 80.101(f)(3) for
gasoline which the refiner or importer produces or imports for use in
Alaska.
(iii) Any refiner for any refinery or importer subject only to the
anti-dumping statutory baseline under Sec. 80.91(c)(5) may petition EPA
to have the winter statutory baseline values under Sec. 80.91(c)(5)
apply instead for purposes of determining the refinery's or importer's
compliance baseline under Sec. 80.101(f)(2) for gasoline which the
refiner or importer produces or imports for use in Alaska.
(2)(i) Any refiner for any refinery or importer with gasoline
produced or imported for use in Hawaii, and/or the Commonwealth of
Puerto Rico, and/or the Virgin Islands in its individual 1990 baseline
may petition EPA to establish a separate 1990 baseline for gasoline
produced or imported for use in these areas using the summer Complex
Model, and to use the summer statutory baseline values under Sec.
80.91(c)(5) for any gasoline produced or imported for use in these areas
in excess of the refinery's or importer's 1990 volume of gasoline
produced or imported for use in these areas, for purposes of determining
the refinery's or importer's compliance baseline under Sec.
80.101(f)(4).
(ii) Any refiner for any refinery or importer with an individual
1990 baseline which did not include any gasoline produced or imported
for use in Hawaii, and/or the Commonwealth of Puerto Rico, and/or the
Virgin Islands in 1990 may petition EPA to establish the refinery's or
importer's summer baseline values as the compliance baseline under Sec.
80.101(f)(3) for gasoline which the refiner or importer produces or
imports for use in these areas.
(iii) Any refiner or importer subject only to the anti-dumping
statutory baseline under Sec. 80.91(c)(5) may petition EPA to have the
summer statutory baseline values under Sec. 80.91(c)(5) apply instead
for purposes of determining the refinery's or importer's compliance
baseline under Sec. 80.101(f)(2) for gasoline which the refiner or
importer produces or imports for use in Hawaii, and/or the Commonwealth
of Puerto Rico, and/or the Virgin Islands.
(iv) Any petition submitted in accordance with paragraphs (d)(2)(i),
(d)(2)(ii) or (d)(2)(iii) of this section shall apply to gasoline
produced or imported for use in all of the areas specified in the
operative paragraphs.
(3) A petition under paragraphs (d)(1) or (d)(2) of this section
must include the following:
(i) Identification of the refiner and refinery or importer;
(ii) EPA company and facility registration numbers issued under
Sec. 80.76;
(iii) Identification of a contact person; and
(iv) For petitions submitted under paragraphs (d)(1)(i) and
(d)(2)(i) of this section:
(A) Revised 1990 individual baseline determination wherein the
baseline for gasoline produced or imported for use in Alaska has been
evaluated using the winter Complex Model, or gasoline produced or
imported for use in Hawaii, and/or the Commonwealth of Puerto Rico, and/
or the Virgin Islands has been evaluated using the summer Complex Model,
as applicable, with the calculations clearly and fully described and
displayed; and
(B) Revised 1990 individual baseline determination for gasoline in
the refinery's or importer's original individual 1990 baseline which was
not produced or imported for use in Alaska, and/or Hawaii, and/or the
Commonwealth of Puerto Rico, and/or the Virgin Islands, as applicable,
with the calculations clearly and fully described and displayed.
(C) Baseline auditor agreement with the revised baseline values.
(4) For U.S. Postal delivery, the petition shall be sent to: Attn:
RFG Program, Mailstop 6406J, U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460. For commercial delivery:
Attn: RFG Program, 6th Floor (202-343-9038), U.S. Environmental
Protection Agency, 1310 L St., NW., Washington, DC 20005.
(5) EPA reserves the right to request additional information. If
such information is not forthcoming in a timely manner, the petition
will not be approved.
(6) A petition under this section may be submitted at any time
during the annual averaging period. The baseline and compliance methods
approved in a
[[Page 164]]
petition submitted under paragraph (d) of this section shall apply
beginning with the annual averaging period in which the petition was
approved and shall continue to apply in each annual averaging period
thereafter. Once a petition has been approved under this section, the
refiner or importer may not revert back to its original baseline.
(7) A refiner for any refinery or importer with an approved petition
under paragraph (d)(1) of this section and an approved petition under
paragraph (d)(2) of this section will be subject to a separate baseline
and baseline volume for its gasoline produced or imported for use in
Alaska, and a separate baseline and baseline volume for its gasoline
produced or imported for use in Hawaii, the Commonwealth of Puerto Rico
and the Virgin Islands.
(8)(i) Any refiner for any refinery or importer must have an
approved petition under paragraph (d)(1) of this section in order to use
the seasonal baseline and seasonal Complex Model, as provided in
paragraph (d)(1) of this section, for gasoline produced or imported for
use in Alaska.
(ii) Any refiner for any refinery or importer must have an approved
petition under paragraph (d)(2) of this section in order to use the
seasonal baseline and seasonal Complex Model, as provided in paragraph
(d)(2) of this section, for gasoline produced or imported for use in
Hawaii, the Commonwealth of Puerto Rico, and the Virgin Islands.
(iii) Any new refiner or importer without an individual anti-dumping
baseline shall be subject to the annual average anti-dumping statutory
baseline under Sec. 80.91(c)(5) unless the refiner or importer
petitions for and receives approval of use of a seasonal baseline and
seasonal Complex Model under this section.
(9)(i) The provisions of this paragraph (d) shall apply to any
refiner, for any refinery, or importer that received approval of a
petition under this paragraph (d) prior to November 26, 2007 beginning
with the 2008 annual averaging period.
(ii) Any refiner, for any refinery, or importer that received
approval of a petition under paragraph (d) of this section prior to
November 26, 2007 may petition EPA to withdraw such approval. Such
petition must be submitted to EPA by December 31, 2007. A withdrawal of
approval under this paragraph is effective beginning with the 2008
annual averaging period and shall remain in effect in each annual
averaging period thereafter.
(iii) A refiner or importer with an approved withdrawal under
paragraph (d)(9)(i) of this section will be subject to the baseline
which was in effect prior to the effective date of the refiner's or
importer's approved petition under this paragraph (d). Once a refiner or
importer receives approval of a withdrawal of a petition under paragraph
(d)(9)(i) of this section the refiner or importer is ineligible to
receive approval of a change in baseline under this section.
[59 FR 7860, Feb. 16, 1994, as amended at 59 FR 36968, July 20, 1994; 60
FR 65575, Dec. 20, 1995; 64 FR 30910, June 9, 1999; 72 FR 60579, Oct.
25, 2007]
Sec. 80.94 Requirements for gasoline produced at foreign refineries.
(a) Definitions. (1) A foreign refinery is a refinery that is
located outside the United States, including the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands (collectively referred to in this section
as ``the United States'').
(2) A foreign refiner is a person who meets the definition of
refiner under Sec. 80.2(i) for foreign refinery.
(3) FRGAS means gasoline produced at a foreign refinery that has
been assigned an individual refinery baseline and that is imported into
the United States.
(4) Non-FRGAS means gasoline that is produced at a foreign refinery
that has not been assigned an individual refinery baseline, gasoline
produced at a foreign refinery with an individual refinery baseline that
is not imported into the United States, and gasoline produced at a
foreign refinery with an individual baseline during a year when the
foreign refiner has opted to not participate in the FRGAS program under
paragraph (c)(3) of this section.
(5) Certified FRGAS means FRGAS the foreign refiner intends to
include in the foreign refinery's NOX and exhaust toxics
compliance calculations under
[[Page 165]]
Sec. 80.101(g), and does include in these compliance calculations when
reported to EPA.
(6) Non-certified FRGAS means FRGAS that is not certified FRGAS.
(b) Baseline establishment. Any foreign refiner may submit to EPA a
petition for an individual refinery baseline, under Sec. Sec. 80.90
through 80.93.
(1) The provisions for baselines as specified in Sec. Sec. 80.90
through 80.93 shall apply to a foreign refinery, except where provided
otherwise in this section.
(2) The baseline for a foreign refinery shall reflect only the
volume and properties of gasoline produced in 1990 that was imported
into the United States.
(3) A baseline petition shall establish the volume of conventional
gasoline produced at a foreign refinery and imported into the United
States during the calendar year immediately preceding the year the
baseline petition is submitted.
(4) In making determinations for foreign refinery baselines EPA will
consider all information supplied by a foreign refiner, and in addition
may rely on any and all appropriate assumptions necessary to make such a
determination.
(5) Where a foreign refiner submits a petition that is incomplete or
inadequate to establish an accurate baseline, and the refiner fails to
cure this defect after a request for more information, then EPA shall
not assign an individual refinery baseline.
(6) Baseline petitions under this paragraph (b) of this section must
be submitted before January 1, 2002.
(c) General requirements for foreign refiners with individual
refinery baselines. Any foreign refiner of a refinery that has been
assigned an individual baseline under paragraph (b) of this section
shall designate all gasoline produced at the foreign refinery that is
exported to the United States as either certified FRGAS or as non-
certified FRGAS, except as provided in paragraph (c)(3) of this section.
(1)(i) In the case of certified FRGAS, the foreign refiner shall
meet all requirements that apply to refiners under 40 CFR part 80,
subparts D, E and F.
(ii) If the foreign refinery baseline is assigned, or a foreign
refiner begins early use of a refinery baseline under paragraph (r) of
this section, on a date other than January 1, the compliance baseline
for the initial year shall be calculated under Sec. 80.101(f) using an
adjusted baseline volume, as follows:
AV1990 = (D/365) x V1990
where:
AV1990 = Adjusted 1990 baseline volume
D = Number of days remaining in the year, beginning with the day the
foreign refinery baseline is approved or the day the foreign
refiner begins early use of a refinery baseline, whichever is
later
V1990 = Foreign refinery's 1990 baseline volume.
(2) In the case of non-certified FRGAS, the foreign refiner shall
meet the following requirements, except the foreign refiner shall
substitute the name ``non-certified FRGAS'' for the names ``reformulated
gasoline'' or ``RBOB'' wherever they appear in the following
requirements:
(i) The designation requirements in Sec. 80.65(d)(1);
(ii) The recordkeeping requirements in Sec. 80.74 (a), and (b)(3);
(iii) The reporting requirements in Sec. 80.75 (a), (m), and (n);
(iv) The registration requirements in Sec. 80.76;
(v) The product transfer document requirements in Sec. 80.77 (a)
through (f), and (j);
(vi) The prohibition in Sec. 80.78(a)(10), (b) and (c); and
(vii) The independent audit requirements in Sec. Sec. 80.125
through 80.127, 80.128 (a) through (c), and (g) through (i), and 80.130.
(3)(i) Any foreign refiner that has been assigned an individual
baseline for a foreign refinery under paragraph (b) of this section may
elect to classify no gasoline imported into the United States as FRGAS,
provided the foreign refiner notifies EPA of the election no later than
November 1 of the prior calendar year.
(ii) An election under paragraph (c)(3)(i) of this section shall:
(A) Be for an entire calendar year averaging period and apply to all
gasoline produced during the calendar year at the foreign refinery that
is imported into the United States; and
[[Page 166]]
(B) Remain in effect for each succeeding calendar year averaging
period, unless and until the foreign refiner notifies EPA of a
termination of the election. The change in election shall take effect at
the beginning of the next calendar year.
(iii) A foreign refiner who has aggregated refineries under Sec.
80.101(h) shall make the same election under paragraph (c)(3)(i) of this
section for all refineries in the aggregation.
(d) Designation, product transfer documents, and foreign refiner
certification. (1) Any foreign refiner of a foreign refinery that has
been assigned an individual baseline shall designate each batch of FRGAS
as such at the time the gasoline is produced, unless the foreign refiner
has elected to classify no gasoline exported to the United States as
FRGAS under paragraph (c)(3)(i) of this section.
(2) On each occasion when any person transfers custody or title to
any FRGAS prior to its being imported into the United States, the
following information shall be included as part of the product transfer
document information in Sec. Sec. 80.77 and 80.106:
(i) Identification of the gasoline as certified FRGAS or as non-
certified FRGAS; and
(ii) The name and EPA refinery registration number of the refinery
where the FRGAS was produced.
(3) On each occasion when FRGAS is loaded onto a vessel or other
transportation mode for transport to the United States, the foreign
refiner shall prepare a certification for each batch of the FRGAS that
meets the following requirements:
(i) The certification shall include the report of the independent
third party under paragraph (f) of this section, and the following
additional information:
(A) The name and EPA registration number of the refinery that
produced the FRGAS;
(B) The identification of the gasoline as certified FRGAS or non-
certified FRGAS;
(C) The volume of FRGAS being transported, in gallons;
(D) A declaration that the FRGAS is being included in the compliance
baseline calculations under Sec. 80.101(f) for the refinery that
produced the FRGAS; and
(E) In the case of certified FRGAS:
(1) The values for each parameter required to calculate
NOX and exhaust toxics emissions performance as determined
under paragraph (f) of this section; and
(2) A declaration that the FRGAS is being included in the compliance
calculations under Sec. 80.101(g) for the refinery that produced the
FRGAS.
(ii) The certification shall be made part of the product transfer
documents for the FRGAS.
(e) Transfers of FRGAS to non-United States markets. The foreign
refiner is responsible to ensure that all gasoline classified as FRGAS
is imported into the United States. A foreign refiner may remove the
FRGAS classification, and the gasoline need not be imported into the
United States, but only if:
(1)(i) The foreign refiner excludes:
(A) The volume of gasoline from the refinery's compliance baseline
calculations under Sec. 80.101(h); and
(B) In the case of certified FRGAS, the volume and parameter values
of the gasoline from the compliance calculations under Sec. 80.101(g);
(ii) The exclusions under paragraph (e)(1)(i) of this section shall
be on the basis of the parameter and volumes determined under paragraph
(f) of this section; and
(2) The foreign refiner obtains sufficient evidence in the form of
documentation that the gasoline was not imported into the United States.
(f) Load port independent sampling, testing and refinery
identification. (1) On each occasion FRGAS is loaded onto a vessel for
transport to the United States a foreign refiner shall have an
independent third party:
(i) Inspect the vessel prior to loading and determine the volume of
any tank bottoms;
(ii) Determine the volume of FRGAS loaded onto the vessel (exclusive
of any tank bottoms present before vessel loading);
(iii) Obtain the EPA-assigned registration number of the foreign
refinery;
(iv) Determine the name and country of registration of the vessel
used to
[[Page 167]]
transport the FRGAS to the United States; and
(v) Determine the date and time the vessel departs the port serving
the foreign refinery.
(2) On each occasion certified FRGAS is loaded onto a vessel for
transport to the United States a foreign refiner shall have an
independent third party:
(i) Collect a representative sample of the certified FRGAS from each
vessel compartment subsequent to loading on the vessel and prior to
departure of the vessel from the port serving the foreign refinery;
(ii) Prepare a volume-weighted vessel composite sample from the
compartment samples, and determine the values for sulfur, benzene,
gravity, E200 and E300 using the methodologies specified in Sec. 80.46,
by:
(A) The third party analyzing the sample; or
(B) The third party observing the foreign refiner analyze the
sample;
(iii) Determine the values for aromatics, olefins, RVP and each
oxygenate specified in Sec. 80.65(e)(2) for the gasoline loaded onto
the vessel, by:
(A) Completing the analysis procedures under paragraph (f)(2)(ii) of
this section for the additional parameters; or
(B) Obtaining from the foreign refiner the test results of samples
collected from each shore tank containing gasoline that was loaded onto
the vessel, and calculating the parameter values for the gasoline loaded
onto the vessel from the tank parameter values and the gasoline volume
from each such shore tank that was loaded;
(iv) Review original documents that reflect movement and storage of
the certified FRGAS from the refinery to the load port, and from this
review determine:
(A) The refinery at which the FRGAS was produced; and
(B) That the FRGAS remained segregated from:
(1) Non-FRGAS and non-certified FRGAS; and
(2) Other certified FRGAS produced at a different refinery, except
that certified FRGAS may be combined with other certified FRGAS produced
at refineries that are aggregated under Sec. 80.101(h);
(3) The independent third party shall submit a report:
(i) To the foreign refiner containing the information required under
paragraphs (f) (1) and (2) of this section, to accompany the product
transfer documents for the vessel; and
(ii) To the Administrator containing the information required under
paragraphs (f) (1) and (2) of this section, within thirty days following
the date of the independent third party's inspection. This report shall
include a description of the method used to determine the identity of
the refinery at which the gasoline was produced, that the gasoline
remained segregated as specified in paragraph (n)(1) of this section,
and a description of the gasoline's movement and storage between
production at the source refinery and vessel loading.
(4) A person may be used to meet the third party requirements in
this paragraph (f) only if:
(i) The person is approved in advance by EPA, based on a
demonstration of ability to perform the procedures required in this
paragraph (f);
(ii) The person is independent under the criteria specified in Sec.
80.65(f)(2)(iii); and
(iii) The person signs a commitment that contains the provisions
specified in paragraph (i) of this section with regard to activities,
facilities and documents relevant to compliance with the requirements of
this paragraph (f).
(g) Comparison of load port and port of entry testing. (1)(i) Any
foreign refiner and any United States importer of certified FRGAS shall
compare the results from the load port testing under paragraph (f) of
this section, with the port of entry testing as reported under paragraph
(o) of this section, for the volume of gasoline, for the parameter
values for sulfur, benzene, gravity, E200 and E300, and for the
NOX and exhaust toxics emissions performance; except that
(ii) Where a vessel transporting certified FRGAS off loads this
gasoline at more than one United States port of entry, and the
conditions of paragraph (g)(2)(i) of this section are not met at the
first United States port of entry, the requirements of paragraph (g)(1)
and (g)(2) of this section do not apply
[[Page 168]]
at subsequent ports of entry if the United States importer obtains a
certification from the vessel owner or his immediate designee that the
vessel has not loaded any gasoline or blendstock between the first
United States port of entry and the subsequent port of entry.
(2)(i) The requirements of paragraph (g)(2)(ii) apply if:
(A)(1) The temperature-corrected volumes determined at the port of
entry and at the load port differ by more than one percent; or
(2) For any parameter specified in paragraph (f)(2)(ii) of this
section, the values determined at the port of entry and at the load port
differ by more than the reproducibility amount specified for the port of
entry test result by the American Society of Testing and Materials
(ASTM); unless
(B) The NOX and exhaust toxics emissions performance, in
grams per mile, calculated using the port of entry test results, are
each equal to or less than the NOX and exhaust toxics
emissions performance calculated using the load port test results;
(ii) The United States importer and the foreign refiner shall treat
the gasoline as non-certified FRGAS, and the foreign refiner shall:
(A) Exclude the gasoline volume and properties from its conventional
gasoline NOX and exhaust toxics compliance calculations under
Sec. 80.101(g); and
(B) Include the gasoline volume in its compliance baseline
calculation under Sec. 80.101(f), unless the foreign refiner
establishes that the United States importer classified the gasoline only
as conventional gasoline and not as reformulated gasoline.
(h) Attest requirements. The following additional procedures shall
be carried out by any foreign refiner of FRGAS as part of the attest
engagement for each foreign refinery under 40 CFR part 80, subpart F.
(1) Include in the inventory reconciliation analysis under Sec.
80.128(b) and the tender analysis under Sec. 80.128(c) non-FRGAS in
addition to the gasoline types listed in Sec. 80.128 (b) and (c).
(2) Obtain separate listings of all tenders of certified FRGAS, and
of non-certified FRGAS. Agree the total volume of tenders from the
listings to the gasoline inventory reconciliation analysis in Sec.
80.128(b), and to the volumes determined by the third party under
paragraph (f)(1) of this section.
(3) For each tender under paragraph (h)(2) of this section where the
gasoline is loaded onto a marine vessel, report as a finding the name
and country of registration of each vessel, and the volumes of FRGAS
loaded onto each vessel.
(4) Select a sample from the list of vessels identified in paragraph
(h)(3) of this section used to transport certified FRGAS, in accordance
with the guidelines in Sec. 80.127, and for each vessel selected
perform the following:
(i) Obtain the report of the independent third party, under
paragraph (f) of this section, and of the United States importer under
paragraph (o) of this section.
(A) Agree the information in these reports with regard to vessel
identification, gasoline volumes and test results.
(B) Identify, and report as a finding, each occasion the load port
and port of entry parameter and volume results differ by more than the
amounts allowed in paragraph (g) of this section, and determine whether
the foreign refiner adjusted its refinery calculations as required in
paragraph (g) of this section.
(ii) Obtain the documents used by the independent third party to
determine transportation and storage of the certified FRGAS from the
refinery to the load port, under paragraph (f) of this section. Obtain
tank activity records for any storage tank where the certified FRGAS is
stored, and pipeline activity records for any pipeline used to transport
the certified FRGAS, prior to being loaded onto the vessel. Use these
records to determine whether the certified FRGAS was produced at the
refinery that is the subject of the attest engagement, and whether the
certified FRGAS was mixed with any non-certified FRGAS, non-FRGAS, or
any certified FRGAS produced at a different refinery that was not
aggregated under Sec. 80.101(h).
(5)(i) Select a sample from the list of vessels identified in
paragraph (h)(3) of this section used to transport certified and non-
certified FRGAS, in accordance with the guidelines in Sec. 80.127, and
[[Page 169]]
for each vessel selected perform the following:
(ii) Obtain a commercial document of general circulation that lists
vessel arrivals and departures, and that includes the port and date of
departure of the vessel, and the port of entry and date of arrival of
the vessel. Agree the vessel's departure and arrival locations and dates
from the independent third party and United States importer reports to
the information contained in the commercial document.
(6) Obtain separate listings of all tenders of non-FRGAS, and
perform the following:
(i) Agree the total volume of tenders from the listings to the
gasoline inventory reconciliation analysis in Sec. 80.128(b).
(ii) Obtain a separate listing of the tenders under paragraph (h)(6)
of this section where the gasoline is loaded onto a marine vessel.
Select a sample from this listing in accordance with the guidelines in
Sec. 80.127, and obtain a commercial document of general circulation
that lists vessel arrivals and departures, and that includes the port
and date of departure and the ports and dates where the gasoline was off
loaded for the selected vessels. Determine and report as a finding the
country where the gasoline was off loaded for each vessel selected.
(7) In order to complete the requirements of this paragraph (h) an
auditor shall:
(i) Be independent of the foreign refiner;
(ii) Be licensed as a Certified Public Accountant in the United
States and a citizen of the United States, or be approved in advance by
EPA based on a demonstration of ability to perform the procedures
required in Sec. Sec. 80.125 through 80.130 and this paragraph (h); and
(iii) Sign a commitment that contains the provisions specified in
paragraph (i) of this section with regard to activities and documents
relevant to compliance with the requirements of Sec. Sec. 80.125
through 80.130 and this paragraph (h).
(i) Foreign refiner commitments. Any foreign refiner shall commit to
and comply with the provisions contained in this paragraph (i) as a
condition to being assigned an individual refinery baseline.
(1) Any United States Environmental Protection Agency inspector or
auditor will be given full, complete and immediate access to conduct
inspections and audits of the foreign refinery.
(i) Inspections and audits may be either announced in advance by
EPA, or unannounced.
(ii) Access will be provided to any location where:
(A) Gasoline is produced;
(B) Documents related to refinery operations are kept;
(C) Gasoline or blendstock samples are tested or stored; and
(D) FRGAS is stored or transported between the foreign refinery and
the United States, including storage tanks, vessels and pipelines.
(iii) Inspections and audits may be by EPA employees or contractors
to EPA.
(iv) Any documents requested that are related to matters covered by
inspections and audits will be provided to an EPA inspector or auditor
on request.
(v) Inspections and audits by EPA may include review and copying of
any documents related to:
(A) Refinery baseline establishment, including the volume and
parameters, and transfers of title or custody, of any gasoline or
blendstocks, whether FRGAS or non-FRGAS, produced at the foreign
refinery during the period January 1, 1990 through the date of the
refinery baseline petition or through the date of the inspection or
audit if a baseline petition has not been approved, and any work papers
related to refinery baseline establishment;
(B) The parameters and volume of FRGAS;
(C) The proper classification of gasoline as being FRGAS or as not
being FRGAS, or as certified FRGAS or as non-certified FRGAS;
(D) Transfers of title or custody to FRGAS;
(E) Sampling and testing of FRGAS;
(F) Work performed and reports prepared by independent third parties
and by independent auditors under the requirements of this section,
including work papers; and
[[Page 170]]
(G) Reports prepared for submission to EPA, and any work papers
related to such reports.
(vi) Inspections and audits by EPA may include taking samples of
gasoline or blendstock, and interviewing employees.
(vii) Any employee of the foreign refiner will be made available for
interview by the EPA inspector or auditor, on request, within a
reasonable time period.
(viii) English language translations of any documents will be
provided to an EPA inspector or auditor, on request, within 10 working
days.
(ix) English language interpreters will be provided to accompany EPA
inspectors and auditors, on request.
(2) An agent for service of process located in the District of
Columbia will be named, and service on this agent constitutes service on
the foreign refiner or any officer, or employee of the foreign refiner
for any action by EPA or otherwise by the United States related to the
requirements of 40 CFR part 80, subparts D, E and F.
(3) The forum for any civil or criminal enforcement action related
to the provisions of this section for violations of the Clean Air Act or
regulations promulgated thereunder shall be governed by the Clean Air
Act, including the EPA administrative forum where allowed under the
Clean Air Act.
(4) United States substantive and procedural laws shall apply to any
civil or criminal enforcement action against the foreign refiner or any
employee of the foreign refiner related to the provisions of this
section.
(5) Submitting a petition for an individual refinery baseline,
producing and exporting gasoline under an individual refinery baseline,
and all other actions to comply with the requirements of 40 CFR part 80,
subparts D, E and F relating to the establishment and use of an
individual refinery baseline constitute actions or activities covered by
and within the meaning of 28 U.S.C. 1605(a)(2), but solely with respect
to actions instituted against the foreign refiner, its agents, officers,
and employees in any court or other tribunal in the United States for
conduct that violates the requirements applicable to the foreign refiner
under 40 CFR part 80, subparts D, E and F, including such conduct that
violates Title 18 U.S.C. section 1001, Clean Air Act section 113(c)(2),
or other applicable provisions of the Clean Air Act.
(6) The foreign refiner, or its agents, officers, or employees, will
not seek to detain or to impose civil or criminal remedies against EPA
inspectors or auditors, whether EPA employees or EPA contractors, for
actions performed within the scope of EPA employment related to the
provisions of this section.
(7) The commitment required by this paragraph (i) shall be signed by
the owner or president of the foreign refiner business.
(8) In any case where FRGAS produced at a foreign refinery is stored
or transported by another company between the refinery and the vessel
that transports the FRGAS to the United States, the foreign refiner
shall obtain from each such other company a commitment that meets the
requirements specified in paragraphs (i) (1) through (7) of this
section, and these commitments shall be included in the foreign
refiner's baseline petition.
(j) Sovereign immunity. By submitting a petition for an individual
foreign refinery baseline under this section, or by producing and
exporting gasoline to the United States under an individual refinery
baseline under this section, the foreign refiner, its agents, officers,
and employees, without exception, become subject to the full operation
of the administrative and judicial enforcement powers and provisions of
the United States without limitation based on sovereign immunity, with
respect to actions instituted against the foreign refiner, its agents,
officers, and employees in any court or other tribunal in the United
States for conduct that violates the requirements applicable to the
foreign refiner under 40 CFR part 80, subparts D, E and F, including
such conduct that violates Title 18 U.S.C. section 1001, Clean Air Act
section 113(c)(2), or other applicable provisions of the Clean Air Act.
(k) Bond posting. Any foreign refiner shall meet the requirements of
this paragraph (k) as a condition to being assigned an individual
refinery baseline.
[[Page 171]]
(1) The foreign refiner shall post a bond of the amount calculated
using the following equation:
Bond = G x $0.01
where:
Bond = amount of the bond in U.S. dollars
G = the largest volume of conventional gasoline produced at the foreign
refinery and exported to the United States, in gallons, during
a single calendar year among the most recent of the following
calendar years, up to a maximum of five calendar years: the
calendar year immediately preceding the date the baseline
petition is submitted, the calendar year the baseline petition
is submitted, and each succeeding calendar year
(2) Bonds shall be posted by:
(i) Paying the amount of the bond to the Treasurer of the United
States;
(ii) Obtaining a bond in the proper amount from a third party surety
agent that is payable to satisfy United States judicial judgments
against the foreign refiner, provided EPA agrees in advance as to the
third party and the nature of the surety agreement; or
(iii) An alternative commitment that results in assets of an
appropriate liquidity and value being readily available to the United
States, provided EPA agrees in advance as to the alternative commitment.
(3) If the bond amount for a foreign refinery increases the foreign
refiner shall increase the bond to cover the shortfall within 90 days of
the date the bond amount changes. If the bond amount decreases, the
foreign refiner may reduce the amount of the bond beginning 90 days
after the date the bond amount changes.
(4) Bonds posted under this paragraph (k) shall be used to satisfy
any judicial judgment that results from an administrative or judicial
enforcement action for conduct in violation of 40 CFR part 80, subparts
D, E and F, including such conduct that violates Title 18 U.S.C. section
1001, Clean Air Act section 113(c)(2), or other applicable provisions of
the Clean Air Act.
(5) On any occasion a foreign refiner bond is used to satisfy any
judgment, the foreign refiner shall increase the bond to cover the
amount used within 90 days of the date the bond is used.
(l) Blendstock tracking. For purposes of blendstock tracking by any
foreign refiner under Sec. 80.102 by a foreign refiner with an
individual refinery baseline, the foreign refiner may exclude from the
calculations required in Sec. 80.102(d) the volume of applicable
blendstocks for which the foreign refiner has sufficient evidence in the
form of documentation that the blendstocks were used to produce gasoline
used outside the United States.
(m) English language reports. Any report or other document submitted
to EPA by any foreign refiner shall be in the English language, or shall
include an English language translation.
(n) Prohibitions. (1) No person may combine certified FRGAS with any
non-certified FRGAS or non-FRGAS, and no person may combine certified
FRGAS with any certified FRGAS produced at a different refinery that is
not aggregated under Sec. 80.101(h), except as provided in paragraph
(e) of this section.
(2) No foreign refiner or other person may cause another person to
commit an action prohibited in paragraph (n)(1) of this section, or that
otherwise violates the requirements of this section.
(o) United States importer requirements. Any United States importer
shall meet the following requirements.
(1) Each batch of imported gasoline shall be classified by the
importer as being FRGAS or as non-FRGAS, and each batch classified as
FRGAS shall be further classified as certified FRGAS or as non-certified
FRGAS.
(2) Gasoline shall be classified as certified FRGAS or as non-
certified FRGAS according to the designation by the foreign refiner if
this designation is supported by product transfer documents prepared by
the foreign refiner as required in paragraph (d) of this section, unless
the gasoline is classified as non-certified FRGAS under paragraph (g) of
this section.
(3) For each gasoline batch classified as FRGAS, any United States
importer shall perform the following procedures.
(i) In the case of both certified and non-certified FRGAS, have an
independent third party:
(A) Determine the volume of gasoline in the vessel;
(B) Use the foreign refiner's FRGAS certification to determine the
name and EPA-assigned registration number
[[Page 172]]
of the foreign refinery that produced the FRGAS;
(C) Determine the name and country of registration of the vessel
used to transport the FRGAS to the United States; and
(D) Determine the date and time the vessel arrives at the United
States port of entry.
(ii) In the case of certified FRGAS, have an independent third
party:
(A) Collect a representative sample from each vessel compartment
subsequent to the vessel's arrival at the United States port of entry
and prior to off loading any gasoline from the vessel;
(B) Prepare a volume-weighted vessel composite sample from the
compartment samples; and
(C) Determine the values for sulfur, benzene, gravity, E200 and E300
using the methodologies specified in Sec. 80.46, by:
(1) The third party analyzing the sample; or
(2) The third party observing the importer analyze the sample
(4) Any importer shall submit reports within thirty days following
the date any vessel transporting FRGAS arrives at the United States port
of entry:
(i) To the Administrator containing the information determined under
paragraph (o)(3) of this section; and
(ii) To the foreign refiner containing the information determined
under paragraph (o)(3)(ii) of this section.
(5)(i) Any United States importer shall meet the requirements
specified for conventional gasoline in Sec. 80.101 for any imported
conventional gasoline that is not classified as certified FRGAS under
paragraph (o)(2) of this section.
(ii) The baseline applicable to a United States importer who has not
been assigned an individual importer baseline under Sec. 80.91(b)(4)
shall be the baseline specified in paragraph (p) of this section.
(p) Importer Baseline. (1) Each calendar year starting in 2000, the
Administrator shall calculate the volume weighted average NOX
emissions of imported conventional gasoline for a multi-year period
(MYANOx). This calculation:
(i) Shall use the Phase II Complex Model;
(ii) Shall include all conventional gasoline in the following
categories:
(A) Imported conventional gasoline that is classified as
conventional gasoline, and included in the conventional gasoline
compliance calculations of importers for each year; and
(B) Imported conventional gasoline that is classified as certified
FRGAS, and included in the conventional gasoline compliance calculations
of foreign refiners for each year;
(iii)(A) In 2000 only, shall be for the 1998 and 1999 averaging
periods and also shall include all conventional gasoline classified as
FRGAS and included in the conventional gasoline compliance calculations
of a foreign refiner for 1997, and all conventional gasoline batches not
classified as FRGAS that are imported during 1997 beginning on the date
the first batch of FRGAS arrives at a United States port of entry; and
(B) Starting in 2001, shall include imported conventional gasoline
during the prior three calendar year averaging periods.
(2)(i) If the volume-weighted average NOX emissions
(MYANOx), calculated in paragraph (p)(1) of this section, is
greater than 1,465 mg/mile, the Administrator shall calculate an
adjusted baseline for NOX according to the following
equation:
ABNOx = 1,465 mg/mile - (MYANOx - 1,465 mg/mile)
where:
ABNOx = Adjusted NOX baseline, in mg/mile
MYANOx = Multi-year average NOX emissions, in mg/
mile
(ii) For the 1998 and 1999 multi-year averaging period only the
value of ABNOx shall not be larger than 1,480 mg/mile
regardless of the calculation under paragraph (p)(2)(i) of this section.
(3)(i) Notwithstanding the provisions of Sec. 80.91(b)(4)(iii), the
baseline NOX emissions values applicable to any United States
importer who has not been assigned an individual importer baseline under
Sec. 80.91(b)(4) shall be the more stringent of the statutory baseline
value for NOX under Sec. 80.91(c)(5), or
[[Page 173]]
the adjusted NOX baseline calculated in paragraph (p)(2) of
this section.
(ii) On or before June 1 of each calendar year, the Administrator
shall announce the NOX baseline that applies to importers
under this paragraph (p). If the baseline is an adjusted baseline, it
shall be effective for any conventional gasoline imported beginning 60
days following the Administrator's announcement. If the baseline is the
statutory baseline, it shall be effective upon announcement. A baseline
shall remain in effect until the effective date of a subsequent change
to the baseline pursuant to this paragraph (p).
(q) Withdrawal or suspension of a foreign refinery's baseline. EPA
may withdraw or suspend a baseline that has been assigned to a foreign
refinery where:
(1) A foreign refiner fails to meet any requirement of this section;
(2) A foreign government fails to allow EPA inspections as provided
in paragraph (i)(1) of this section;
(3) A foreign refiner asserts a claim of, or a right to claim,
sovereign immunity in an action to enforce the requirements in 40 CFR
part 80, subparts D, E and F; or
(4) A foreign refiner fails to pay a civil or criminal penalty that
is not satisfied using the foreign refiner bond specified in paragraph
(k) of this section.
(r) Early use of a foreign refinery baseline. (1) A foreign refiner
may begin using an individual refinery baseline before EPA has approved
the baseline, provided that:
(i) A baseline petition has been submitted as required in paragraph
(b) of this section;
(ii) EPA has made a provisional finding that the baseline petition
is complete;
(iii) The foreign refiner has made the commitments required in
paragraph (i) of this section;
(iv) The persons who will meet the independent third party and
independent attest requirements for the foreign refinery have made the
commitments required in paragraphs (f)(3)(iii) and (h)(7)(iii) of this
section; and
(v) The foreign refiner has met the bond requirements of paragraph
(k) of this section.
(2) In any case where a foreign refiner uses an individual refinery
baseline before final approval under paragraph (r)(1) of this section,
and the foreign refinery baseline values that ultimately are approved by
EPA are more stringent than the early baseline values used by the
foreign refiner, the foreign refiner shall recalculate its compliance,
ab initio, using the baseline values approved by EPA, and the foreign
refiner shall be liable for any resulting violation of the conventional
gasoline requirements.
(s) Additional requirements for petitions, reports and certificates.
Any petition for a refinery baseline under paragraph (b) of this
section, any report or other submission required by paragraphs (c),
(f)(2), or (i) of this section, and any certification under paragraph
(d)(3) or (g)(1)(ii) of this section shall be:
(1) Submitted in accordance with procedures specified by the
Administrator, including use of any forms that may specified by the
Administrator.
(2) Be signed by the president or owner of the foreign refiner
company, or in the case of (g)(1)(ii) the vessel owner, or by that
person's immediate designee, and shall contain the following
declaration:
I hereby certify: (1) that I have actual authority to sign on behalf
of and to bind [insert name of foreign refiner or vessel owner] with
regard to all statements contained herein; (2) that I am aware that the
information contained herein is being certified, or submitted to the
United States Environmental Protection Agency, under the requirements of
40 CFR part 80, subparts D, E and F and that the information is material
for determining compliance under these regulations; and (3) that I have
read and understand the information being certified or submitted, and
this information is true, complete and correct to the best of my
knowledge and belief after I have taken reasonable and appropriate steps
to verify the accuracy thereof.
I affirm that I have read and understand that the provisions of 40
CFR part 80, subparts D, E and F, including 40 CFR 80.94 (i), (j) and
(k), apply to [insert name of foreign refiner or vessel owner]. Pursuant
to Clean Air Act section 113(c) and Title 18, United
[[Page 174]]
States Code, section 1001, the penalty for furnishing false, incomplete
or misleading information in this certification or submission is a fine
of up to $10,000, and/or imprisonment for up to five years.
[62 FR 45563, Aug. 28, 1997]
Sec. Sec. 80.95-80.100 [Reserved]
Sec. 80.101 Standards applicable to refiners and importers.
Any refiner or importer of conventional gasoline shall meet the
standards specified in this section over the specified averaging period,
beginning on January 1, 1995.
(a) Averaging period. The averaging period for the standards
specified in this section shall be January 1 through December 31, except
as provided in paragraphs (k) and (l) of this section.
(b) Conventional gasoline compliance standards--(1) Simple model
standards. The simple model standards are the following:
(i) Annual average exhaust benzene emissions, calculated according
to paragraph (g)(1)(i) of this section, shall not exceed the refiner's
or importer's compliance baseline for exhaust benzene emissions;
(ii) Annual average levels of sulfur shall not exceed 125% of the
refiner's or importer's compliance baseline for sulfur;
(iii) Annual average levels of olefins shall not exceed 125% of the
refiner's or importer's compliance baseline for olefins; and
(iv) Annual average values of T-90 shall not exceed 125% of the
refiner's or importer's compliance baseline for T-90.
(2) Optional complex model standards. Annual average levels of
exhaust benzene emissions, weighted by volume for each batch and
calculated using the applicable complex model under Sec. 80.45, shall
not exceed the refiner's or importer's 1990 average exhaust benzene
emissions.
(3) Complex model standards. (i) Annual average levels of exhaust
toxics emissions and NOX emissions, weighted by volume for
each batch and calculated using the applicable complex model under Sec.
80.45, shall not exceed the refiner's or importer's compliance baseline
for exhaust toxics and NOX emissions, respectively.
(ii) Annual average levels of RVP, benzene, aromatics, olefins,
sulfur, E200 and E300 shall not be greater than the conventional
gasoline complex model valid range limits for the parameter under Sec.
80.45(f)(1)(ii), or the refiner or importer's annual 1990 baseline for
the parameter if outside the valid range limit, whichever is greater.
(c) Applicability of standards. (1) For each averaging period prior
to January 1, 1998, a refiner or importer shall be subject to either the
Simple Model or Optional Complex Model Standards, at their option,
except that any refiner or importer shall be subject to:
(i) The Simple Model Standards if the refiner or importer uses the
Simple Model Standards for reformulated gasoline; or
(ii) The Optional Complex Model Standards if the refiner or importer
used the Complex Model Standards for reformulated gasoline.
(2) Beginning January 1, 1998, each refiner and importer shall be
subject to the Complex Model Standards for each averaging period.
(3)(i) The NOX emissions standard specified in paragraph
(b)(3)(i) of this section shall no longer apply beginning January 1,
2007, except as provided in paragraph (c)(3)(ii) of this section.
(ii) For a refiner subject to the small refiner gasoline sulfur
standards at Sec. 80.240, the NOX emissions standard
specified in paragraph (b)(3)(i) of this section shall no longer apply
beginning January 1, 2008. For a refiner subject to the gasoline sulfur
standards at Sec. 80.240 that has received an extension of its small
refiner gasoline sulfur standards under Sec. 80.553, the NOX
emissions standard specified in paragraph (b)(3)(i) of this section
shall no longer apply beginning January 1, 2011.
(4)(i) Beginning January 1, 2011, or January 1, 2015 for small
refiners approved under Sec. 80.1340, the exhaust toxics emissions
standard specified in paragraph (b)(3)(i) of this section shall apply
only to conventional gasoline that is not subject to the benzene
standard of Sec. 80.1230, pursuant to the provisions of Sec. 80.1235.
(ii) The exhaust toxic emissions standard specified in paragraph
(b)(3)(i)
[[Page 175]]
of this section shall not apply to conventional gasoline produced by a
refinery approved under Sec. 80.1334, pursuant to Sec. 80.1334(c).
(d) Product to which standards apply. Any refiner for each refinery,
or any importer, shall include in its compliance calculations:
(1) Any conventional gasoline produced or imported during the
averaging period;
(2) [Reserved]
(3) Any gasoline blending stock produced or imported during the
averaging period which becomes conventional gasoline solely upon the
addition of oxygenate;
(4)(i) Any oxygenate that is added to conventional gasoline, or
gasoline blending stock as described in paragraph (d)(3) of this
section, where such gasoline or gasoline blending stock is produced or
imported during the averaging period;
(ii) In the case of oxygenate that is added at a point downstream of
the refinery or import facility, the oxygenate may be included only if
the refiner or importer can establish the oxygenate was in fact added to
the gasoline or gasoline blendstock produced, by showing that the
oxygenate was added by:
(A) The refiner or importer; or
(B) By a person other than the refiner or importer, provided that
the refiner or importer:
(1) Has a contract with the oxygenate blender that specifies
procedures to be followed by the oxygenate blender that are reasonably
calculated to ensure blending with the amount and type of oxygenate
claimed by the refiner or importer; and
(2) Monitors the oxygenate blending operation to ensure the volume
and type of oxygenate claimed by the refiner or importer is correct,
through periodic audits of the oxygenate blender designed to assess
whether the overall volumes and type of oxygenate purchased and used by
the oxygenate blender are consistent with the oxygenate claimed by the
refiner or importer and that this oxygenate was blended with the
refiner's or importer's gasoline or blending stock, periodic sampling
and testing of the gasoline produced subsequent to oxygenate blending,
and periodic inspections to ensure the contractual requirements imposed
by the refiner or importer on the oxygenate blender are being met.
(e) Product to which standards do not apply. Any refiner for each
refinery, or any importer, shall exclude from its compliance
calculations:
(1) Gasoline that was not produced at the refinery or was not
imported by the importer;
(2) [Reserved]
(3) California gasoline as defined in Sec. 80.81(a)(2); and
(4) Gasoline that is exported.
(f) Compliance baseline determinations. (1) In the case of any
refiner or importer for whom an individual baseline has been established
under Sec. 80.91, the individual baseline for each parameter or
emissions performance shall be the compliance baseline for that refiner
or importer.
(2)(i) In the case of any refiner for any refinery or importer for
whom the anti-dumping statutory baseline applies under Sec. 80.91, the
anti-dumping statutory baseline for each parameter or emissions
performance shall be the compliance baseline for that refinery or
importer.
(ii) In the case of any refiner for any refinery or importer that
has received approval of a petition submitted under Sec.
80.93(d)(1)(iii), the compliance baseline for each emissions performance
for that refinery or importer for gasoline produced or imported for use
in Alaska shall be the winter statutory baseline value under Sec.
80.45(b)(3), Table 5.
(iii) In the case of any refiner for any refinery or importer that
has received approval of a petition submitted under Sec.
80.93(d)(2)(iii), the compliance baseline for each emissions performance
for that refinery or importer for gasoline produced or imported for use
in Hawaii, the Commonwealth of Puerto Rico, and/or the Virgin Islands
shall be:
(A) The summer statutory baseline value under Sec. 80.45(b)(3),
Table 5 for NOX.
(B) The summer statutory baseline value under Sec. 80.45(b)(3),
Table 5 for Toxics less the corresponding value for Benzene under Sec.
80.45(b)(3), Table 4.
(3)(i) In the case of any refiner for any refinery or importer that
has received approval of a petition submitted under Sec.
80.93(d)(1)(ii), the compliance
[[Page 176]]
baseline for each emissions performance for that refinery or importer
for gasoline produced or imported for use in Alaska shall be the
refinery's or importer's winter baseline value determined under Sec.
80.91.
(ii) In the case of any refiner for any refinery or importer that
has received approval of a petition submitted under Sec.
80.93(d)(2)(ii), the compliance baseline for each emissions performance
for that refinery or importer for gasoline produced or imported for use
in Hawaii, the Commonwealth of Puerto Rico, and/or the Virgin Islands
shall be the refinery's or importer's summer baseline value determined
under Sec. 80.91.
(4) Any compliance baseline under paragraph (f)(1) of this section
shall be adjusted for each averaging period as follows:
(i) If the total volume of the conventional gasoline, RBOB,
reformulated gasoline, and California gasoline as defined in Sec.
80.81(a)(2), produced or imported by any refiner or importer during the
averaging period is equal to or less than that refiner's or importer's
1990 baseline volume as determined under Sec. 80.91(f)(1), the
compliance baseline for each parameter or emissions performance shall be
that refiner's or importer's individual 1990 baseline; or
(ii) If the total volume of the conventional gasoline, RBOB,
reformulated gasoline, and California gasoline as defined in Sec.
80.81(a)(2), produced or imported by any refiner or importer during the
averaging period is greater than that refiner's or importer's 1990
baseline volume as determined under Sec. 80.91(f)(1), the compliance
baseline for each parameter or emissions performance shall be calculated
according to the following formula:
[GRAPHIC] [TIFF OMITTED] TR13JY99.000
Where:
CBi = The compliance baseline value for parameter or
emissions performance i.
Bi = The refiner's or importer's individual baseline value
for parameter or emission performance i calculated according
to the methodology in Sec. 80.91.
DBi = The anti-dumping statutory baseline value for parameter
or emissions performance i, as specified at Sec.
80.91(c)(5)(iii) or (c)(5)(iv), respectively.
V1990 = The 1990 baseline volume as determined under Sec.
80.91(f)(1).
Va = The total volume of reformulated gasoline, conventional
gasoline, RBOB, and California gasoline as defined in Sec.
80.81(a)(2) produced or imported by a refiner or importer
during the averaging period.
(iii) Any refiner or importer with an individual baseline that has
received approval of a petition submitted under Sec. 80.93(d) and has
produced or imported gasoline for use in Alaska, Hawaii, the
Commonwealth of Puerto Rico, or the Virgin Islands must calculate the
compliance baseline for each parameter or emissions performance as
follows:
[GRAPHIC] [TIFF OMITTED] TR25OC07.000
If Vj =V1990j 0:
[[Page 177]]
[GRAPHIC] [TIFF OMITTED] TR25OC07.001
If Vj 1990j or V1990j = 0:
CBi,j = Bi,j
Where:
CBi = The compliance baseline for parameter or emissions
performance i
CBi,j = The compliance baseline for parameter or emissions
performance i applicable to the conventional gasoline in
production volume Vj
j is a subscript identifying a portion of gasoline and RBOB produced or
imported as follows:
j = 1: Conventional gasoline supplied to Hawaii, the Commonwealth of
Puerto Rico and the Virgin Islands, if gasoline supplied to
these areas is covered by a petition for a separate baseline.
j = 2: Conventional gasoline supplied to Alaska, if gasoline supplied to
this area is covered by a petition for a separate baseline.
j = 3: Conventional gasoline, reformulated gasoline, RBOB and California
gasoline produced or imported by a refiner or importer, and
not included in portions 1 or 2.
Vj = The averaging period volume for portion j.
Vr = The volume of reformulated gasoline, RBOB and California
gasoline included in V3.
Bi,j = The refiner/importer's individual baseline for
parameter or emissions performance i applicable to the
conventional gasoline in portion j, or the applicable
statutory baseline if assigned in lieu of an individual
baseline.
DBi,j = The statutory baseline for parameter or emissions
performance i applicable to the conventional gasoline in
portion j (i.e., the annual or seasonal statutory baseline).
V1990j = The 1990 baseline volume applicable to portion j.
(g) Compliance calculations--(1)(i) Simple model calculations. In
the case of any refiner or importer subject to an individual refinery
baseline, the annual average value for each parameter or emissions
performance during the averaging period, calculated according to the
following methodologies, shall be less than or equal to the refiner's or
importer's standard under paragraph (b) of this section for that
parameter.
(A) The average value for sulfur, T-90, olefin, benzene, and
aromatics for an averaging period shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR20JY94.004
where
APARM = the average value for the parameter being evaluated
Vi = the volume of conventional gasoline or other products
included under paragraph (d) of this section, in batch i
PARMi = the value of the parameter being evaluated for batch
i as determined in accordance with the test methods specified
in Sec. 80.46
n = the number of batches of conventional gasoline and other products
included under paragraph (d) of this section produced or
imported during the averaging period
SGi = specific gravity of batch i (only applicable for
sulfur)
(B) Exhaust benzene emissions under the Simple Model for an
averaging period are calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR20JY94.005
where
EXHBEN = the average exhaust benzene emissions for the averaging period
BZ = the average benzene content for the averaging period, calculated
per paragraph (g)(1)(i)(A) of this section
AR = the average aromatics content for the averaging period, calculated
per paragraph (g)(1)(i)(A) of this section
(ii) Complex Model calculations.
[[Page 178]]
(A) Exhaust benzene, exhaust toxics, and exhaust NOX
emissions performance for each batch shall be calculated in accordance
with the applicable model under Sec. 80.45.
(B) Any refiner for any refinery or importer that has received EPA
approval of a petition submitted in accordance with the provisions of
Sec. 80.93(d)(1) must use the applicable winter complex model under
Sec. 80.45, using an RVP of 8.7 psi, to evaluate its averaging period
gasoline produced or imported for use in Alaska.
(C) Any refiner for any refinery or importer that has received EPA
approval of a petition submitted in accordance with the provisions of
Sec. 80.93(d)(2) must use the applicable summer complex model under
Sec. 80.45 to evaluate its averaging period gasoline produced or
imported for use in Hawaii, the Commonwealth of Puerto Rico, and the
Virgin Islands.
(2) In the case of any refiner or importer subject to the anti-
dumping statutory baseline, the summer statutory baseline and/or the
winter statutory baseline, the refiner or importer shall determine
compliance using the following methodology:
(i) Calculate the compliance total for the averaging period for
sulfur, T-90, olefins, exhaust benzene emissions, exhaust toxics and
exhaust NOX emissions, as applicable, based upon the anti-
dumping statutory baseline value, the summer statutory baseline value,
or the winter statutory baseline value, as applicable, for that
parameter using the formula specified at 80.67.
(ii) Calculate the actual total for the averaging period for sulfur,
T-90, olefins, exhaust benzene emissions, exhaust toxics and exhaust
NOX emissions, as applicable, based upon the value of the
parameter for each batch of conventional gasoline and gasoline
blendstocks, if applicable, using the formula specified at Sec. 80.67.
(iii) The actual total for exhaust benzene emissions, exhaust toxics
and exhaust NOX emissions, shall not exceed the compliance
total, and the actual totals for sulfur, olefins and T-90 shall not
exceed 125% of the compliance totals, as required under the applicable
model.
(3) Exhaust toxics and NOX emissions performance of a
blendstock batch shall be determined as follows:
(i) Determine the volume and properties of the blendstock.
(ii) Determine the blendstock volume fraction (F) based on the
volume of blendstock, and the volume of gasoline with which the
blendstock is blended, using the following equation:
[GRAPHIC] [TIFF OMITTED] TR31DE97.009
where:
F = blendstock volume fraction
Vb = volume of blendstock
Vg = volume of gasoline with which the blendstock is blended
(iii) For each parameter required by the complex model, calculate
the parameter value that would result by combining, at the blendstock
volume fraction (F), the blendstock with a gasoline having properties
equal to the refinery's or importer's baseline, using the following
formula:
[GRAPHIC] [TIFF OMITTED] TR31DE97.010
where:
CPj = calculated value for parameter j
BAPj = baseline value for parameter j
BLPj = value of parameter j for the blendstock or oxygenate
j = each parameter required by the complex model
(A) The baseline value shall be the refinery's ``summer'' or
``winter'' baseline, based on the ``summer'' or ``winter''
classification of the gasoline produced as determined under paragraphs
(g)(5) or (g)(6) of this section. In the case of a refinery that is
aggregated under paragraph (h) of this section, the refinery baseline
shall be used, and not the aggregate baseline.
(B) The sulfur content and oxygen wt% computations under paragraph
(g)(3)(iii) of this section shall be adjusted for the specific gravity
of the gasoline and blendstock using specific gravities of 0.749 for
``summer'' gasoline and of 0.738 for ``winter'' gasoline.
(C) In the case of ``summer'' gasoline, where the blendstock is
ethanol and the volume fraction calculated under
[[Page 179]]
paragraph (g)(3)(ii) is equal to or greater than 0.015, the value for
RVP calculated under paragraph (g)(3)(iii) of this section shall be 1.0
psi greater than the RVP of the gasoline with which the blendstock is
blended.
(iv) Using the summer or winter complex model, as appropriate,
calculate the exhaust toxics and NOX emissions performance,
in mg/mi, of:
(A) A hypothetical gasoline having properties equal to those
calculated in paragraph (g)(3)(iii) of this section (HEP); and
(B) A gasoline having properties equal to the refinery's or
importer's baseline (BEP).
(v) Calculate the exhaust toxics and NOX equivalent
emissions performance (EEP) of the blendstock, in mg/mi, using the
following equation:
[GRAPHIC] [TIFF OMITTED] TR31DE97.011
where:
EEPj = equivalent emissions performance of the blendstock for
emissions performance j
BEPj = emissions performance j of a gasoline having the
properties of the refinery's baseline
HEPj = emissions performance j of a hypothetical blendstock/
gasoline blend
F = blendstock volume fraction
j = exhaust toxics or NOX emissions performance
(vi) For each blendstock batch, the volume, and exhaust toxics and
NOX equivalent emissions performance (EEP) shall be included
in the refinery's compliance calculations.
(4) Compliance calculations under this subpart E shall be based on
computations to the same degree of accuracy that are specified in
establishing individual baselines under Sec. 80.91.
(5) The emissions performance of gasoline that has an RVP that is
equal to or less than the RVP required under Sec. 80.27 (``summer
gasoline'') shall be determined using the applicable summer complex
model under Sec. 80.45.
(6)(i) The emissions performance of gasoline that has an RVP greater
than the RVP required under Sec. 80.27 (``winter gasoline'') shall be
determined using the applicable winter complex model under Sec. 80.45,
using an RVP of 8.7 psi for compliance calculation purposes under this
subpart E.
(ii) Except as provided in paragraph (g)(1)(ii) of this section, the
emissions performance of gasoline produced or imported for use in areas
that are not subject to the requirements of Sec. 80.27 shall be
determined using the applicable winter complex model under Sec. 80.45,
using an RVP of 8.7 psi for compliance calculation purposes under this
subpart E.
(7)(i) For the 1998 averaging period any refiner or importer may
elect to determine compliance with the requirement for exhaust
NOX emissions performance either with or without the
inclusion of oxygenates in its compliance calculations, in accordance
with Sec. 80.91(e)(4), provided that the baseline exhaust
NOX emissions performance is calculated using the same with-
or without-oxygen approach.
(ii)(A) Any refiner or importer must use the with- or without-oxygen
approach elected under paragraph (g)(7)(i) of this section for all
subsequent averaging periods; except that
(B) In the case of any refiner or importer who elects to determines
compliance for the calendar year 1998 averaging period without the
inclusion of oxygenates, such refiner or importer may elect to include
oxygenates in its compliance calculations for the 1999 averaging period.
(iii) Any refiner or importer who elects to use the with-oxygen
approach under paragraph (g)(7)(ii)(B) of this section must use this
approach for all subsequent averaging periods.
(8) Emissions performance of conventional gasoline with parameters
outside the complex model valid range limits. Notwithstanding the
provisions of Sec. 80.45(f)(2), in the case of any parameter value that
does not fall within the complex model range limit in Sec.
80.45(f)(1)(ii), the refiner or importer shall determine the emissions
performance of the batch using the following parameter values:
------------------------------------------------------------------------
Parameter value to use for
calculating
Parameter outside the range limit --------------------------------------
Exhaust toxics NOX
------------------------------------------------------------------------
Sulfur........................... Test value \1\.... Test value. \1\
RVP (summer only):
<6.4 psi..................... 6.4 psi........... 6.4 psi.
11.0 psi.......... Test value \1\.... Test value. \1\
[[Page 180]]
Aromatics........................ Test value \1\.... Test value. \1\
Olefins.......................... Test value \1\.... Test value. \1\
Benzene.......................... Test value\1\..... Test value. \1\
E200:
<30%......................... Test value \1\.... 30%
70%............... 70%............... Test value. \1\
E300 <70%........................ Test value \1\.... Test value. \1\
------------------------------------------------------------------------
\1\ Test value is the value for a parameter determined pursuant to
paragraph 80.101(i)(1)(i) of this section.
(9) Exclusion of previously certified gasoline. (i) Any refiner who
uses previously certified reformulated or conventional gasoline or RBOB
to produce conventional gasoline at a refinery, must exclude the
previously certified gasoline for purposes of demonstrating compliance
with the standards under paragraph (b) of this section.
(ii) To accomplish the exclusion required in paragraph (g)(9)(i) of
this section, the refiner must determine the volume and properties of
the previously certified gasoline used at the refinery, and the volume
and properties of gasoline produced at the refinery, and use the
compliance calculation procedures in paragraphs (g)(9)(iii) and
(g)(9)(iv) of this section.
(iii) For each batch of previously certified gasoline that is used
to produce conventional gasoline the refiner must:
(A) Determine the volume and properties using the procedures in
paragraph (i) of this section;
(B) Determine the exhaust toxics and NOX emissions
performance using the summer or winter complex model as appropriate;
(C) Include the volume and emissions performance of the previously
certified gasoline as a negative volume and a negative emissions
performance in the refiner's compliance calculations for the refinery,
or where applicable, the refiner's aggregation under paragraph (h) of
this section, for exhaust toxics and NOX.
(iv) For each batch of conventional gasoline produced at the
refinery using previously certified gasoline, the refiner must determine
the volume and properties, and exhaust toxics and NOX
emissions performance, and include each batch in the refinery's
compliance calculations for exhaust toxics and NOX without
regard to the presence of previously certified gasoline in the batch.
(v) The refiner must use any previously certified gasoline that the
refiner includes as a negative batch in its compliance calculations for
the refinery, or where appropriate, the refiner's aggregation, as a
component in gasoline production during the annual averaging period in
which the previously certified gasoline was included as a negative batch
in the refiner's compliance calculations.
(vi) Notwithstanding the provisions of this paragraph (g)(9), the
provisions of paragraph (g)(3) of this section may be used to calculate
the exhaust toxics and NOX emissions performance of a
blendstock added to conventional gasoline for purposes of demonstrating
compliance with the standards under paragraph (b) of this section.
(h) Refinery grouping for determining compliance. (1) Any refiner
that operates more than one refinery may:
(i) Elect to achieve compliance individually for the refineries; or
(ii) Elect to achieve compliance on an aggregate basis for a group,
or for groups, of refineries, some of which may be individual
refineries; provided that
(iii) Compliance is achieved for each refinery separately or as part
of a group; and
(iv) The data for any refinery is included only in one compliance
calculation.
(2) Any election by a refiner to group refineries under paragraph
(h)(1) of this section shall:
(i) Be made as part of the report for the 1995 averaging period
required by Sec. 80.105; and
(ii) Apply for the 1995 averaging period and for each subsequent
averaging period, and may not thereafter be changed.
(3)(i) Any standards under this section shall apply, and compliance
calculations shall be made, separately for each refinery or refinery
group; except that
(ii) Any refiner that produces conventional gasoline for
distribution to a specified geographic area which is the subject of a
petition approved by EPA pursuant to Sec. 80.91(f)(3) shall achieve
[[Page 181]]
compliance separately for gasoline supplied to such specified geographic
area.
(i) Sampling and testing. (1) Any refiner or importer shall for each
batch of conventional gasoline, and other products if included in
paragraph (d) of this section:
(i)(A) Through December 31, 2015, determine the value of each of the
properties required for determining compliance with the standards that
are applicable to the refiner or importer, by collecting and analyzing a
representative sample of gasoline or blendstock from the batch, using
methodologies specified in Sec. 80.46; beginning January 1, 2016,
determine the value of each of the properties required for determining
compliance with the standards that are applicable to the refiner or
importer, by collecting and analyzing a representative sample of
gasoline or blendstock from the batch, using methodologies specified in
Sec. 80.47; except that--
(B) Any refiner that produces gasoline by combining blendstock with
gasoline that has been included in the compliance calculations of
another refiner or of an importer may for such gasoline meet this
sampling and testing requirement by collecting and analyzing a
representative sample of the blendstock used subsequent to each receipt
of such blendstock if the compliance calculation method specified in
paragraph (g)(3) of this section is used.
(ii) Assign a number to the batch (the ``batch number''), as
specified in Sec. 80.65(d)(3);
(2) For the purposes of meeting the sampling and testing
requirements under paragraph (i)(1) of this section, any refiner or
importer may, prior to analysis, combine samples of gasoline collected
from more than one batch of gasoline or blendstock (``composite
sample''), and treat such composite sample as one batch of gasoline or
blendstock provided that the refiner or importer:
(i) Meets each of the requirements specified in Sec.
80.91(d)(4)(iii) for the samples contained in the composite sample;
(ii) Combines samples of gasoline that are produced or imported over
a period no longer than one month;
(iii) Uses the total of the volumes of the batches of gasoline that
comprise the composite sample, and the results of the analyses of the
composite sample, for purposes of compliance calculations under
paragraph (g) of this section; and
(iv) Does not combine summer and winter gasoline, as specified under
paragraphs (g) (5) and (6) of this section, in a composite sample.
(3) An importer who imports conventional gasoline into the United
States by truck may meet the sampling and testing requirements under
paragraph (i)(1) of this section as follows:
(i)(A) The importer must demonstrate that the imported gasoline
meets the applicable conventional gasoline standards, through test
results of samples of the gasoline contained in the storage tank from
which the trucks used to transport gasoline into the United States are
loaded.
(B) The frequency of this sampling and testing must be subsequent to
each receipt of gasoline into the storage tank, or immediately prior to
each transfer of gasoline to the importer's truck.
(C) The testing must be for each applicable parameter specified
under Sec. 80.65(e)(2)(i), using the test methods specified under Sec.
80.46 through December 31, 2015, or under Sec. 80.47 beginning January
1, 2016.
(D) The importer must obtain a copy of the terminal test results
that reflects the quality of each truck load of gasoline that is
imported into the United States.
(ii)(A) The importer must conduct separate programs of periodic
quality assurance sampling and testing of the gasoline obtained from
each truck-loading terminal, to ensure the accuracy of the terminal test
results.
(B) The quality assurance samples must be obtained from the truck-
loading terminal by the importer, and terminal operator may not know in
advance when samples are to be collected.
(C) The testing must be for each applicable parameter specified
under Sec. 80.65(e)(2)(i), using the test methods specified under Sec.
80.46 through December 31, 2015, or under Sec. 80.47 beginning January
1, 2016.
[[Page 182]]
(D) The frequency of quality assurance sampling and testing must be
at least one sample for each fifty of an importer's trucks that are
loaded at a terminal, or one sample per month, whichever is more
frequent.
(iii) The requirements of paragraph (i)(3)(ii) of this section are
satisfied if the sampling and testing required under paragraph (i)(3)(i)
is conducted by a laboratory that is an independent laboratory under the
criteria of Sec. 80.82(b)(2).
(iv) The importer must treat each truck load of imported gasoline as
a separate batch for purposes of assigning batch numbers under Sec.
80.101(i), recordkeeping under Sec. 80.104, and reporting under Sec.
80.105.
(v) EPA inspectors or auditors, and auditors conducting attest
engagements under subpart F, must be given full and immediate access to
the truck-loading terminal and any laboratory at which samples of
gasoline collected at the terminal are analyzed, and be allowed to
conduct inspections, review records, collect gasoline samples, and
perform audits. These inspections or audits may be either announced or
unannounced.
(vi) In the event the requirements specified in paragraphs (i)(3)(i)
through (v) of this section are not met, in whole or in part, the
importer shall immediately lose the option of importing gasoline under
the terms of this paragraph (i)(3).
(j) Evasion of standards through exporting and importing gasoline.
Notwithstanding the requirements of this section, no refiner or importer
shall export gasoline and import the same or other gasoline for the
purpose of evading a more stringent baseline requirement.
(k) Petitions for an alternative anti-dumping averaging period--(1)
Eligibility for petition. (i) The Administrator may grant an averaging
period of two, three, four or five years upon petition of a refiner who:
(A) Activates or plans to activate conventional gasoline production
at a refinery that has never produced gasoline subject to the anti-
dumping requirements of subpart E of this part; and
(B) Faces substantial, demonstrated hardship in meeting the anti-
dumping statutory baseline NOX standard during the early
years of production.
(ii) The Administrator will consider the refiner's or refinery's
compliance with all applicable Federal, state, and local environmental
statutes or requirements in evaluating the petition, including, but not
limited to, any applicable stationary source requirement or standards.
(2) Contents of a petition. A petition for a four or five year
averaging period must be submitted by June 1, 2001. A petition for a two
or three year averaging period must be submitted by June 1, 2003.
Regardless of the averaging period requested, the petition must include:
(i) The business name and address of the affected refinery and any
location(s) where the refiner conducts operations.
(ii) The name, address, phone number, fax number, and e-mail address
of the responsible corporate officer and contact person who can provide
clarification and explanation with regard to any information in the
petition.
(iii) A detailed explanation of why the refinery is eligible for an
alternative anti-dumping compliance period under paragraph (k)(1) of
this section, including:
(A) Documentation the refinery has never produced gasoline that was
subject to the anti-dumping standards under subpart E of this part and
(B) Documentation demonstrating the hardship the refinery will
experience meeting the anti-dumping statutory baseline NOX
standard.
(iv) The length of the averaging period requested and a
justification for why that length of averaging period is required.
(v) An estimate as to when the refinery can produce gasoline that
will meet the statutory baseline standard for NOX.
(vi) The refinery's estimated gasoline production and annual average
NOX level for each of the years for which the alternative
averaging period is requested.
(vii) A detailed description of the current refinery equipment and
configuration.
[[Page 183]]
(viii) A detailed description of changes to the refinery equipment
the refiner intends to complete in order to begin producing gasoline
that will allow the refinery to comply with the overall alternative
averaging period NOX standard, and for such changes the
intended dates for events the refiner believes are appropriate for
demonstrating reasonable progress towards completion of the changes,
including the following events:
(A) Sign the design contract;
(B) Obtain necessary permits;
(C) Obtain construction financing commitments;
(D) Begin construction.
(E) Complete construction
(ix) The current nominal crude capacity of the refinery as reported
to the Energy Information Administration (EIA) of the Department of
Energy (DOE).
(x) A detailed explanation of the refiner's plans to finance capital
improvements at the refinery in order to meet all current applicable EPA
gasoline and diesel fuel quality standards.
(xi) A demonstration that the refiner has the funds and identified
sources from which to purchase stationary source NOX credits
sufficient to offset the maximum projected NOX deficit as
calculated in accordance with paragraph (k)(4)(ii) of this section on a
quarterly basis.
(xii) A full disclosure and explanation of any matters of non-
compliance or violations of any environmental statutes or requirements
for which the refiner has received notification by any state, local, or
Federal agency.
(xiii) A signed agreement by any parent company or, in the case of a
joint venture, individual partners, if applicable, acknowledging that
they will be liable for any violations.
(xiv) Any other information the Administrator may require in order
to fully evaluate the refiner's petition.
(xv) The signature of a responsible corporate officer, certifying
that the information contained in the petition is true.
(3) NOX standards and other requirements applicable to refineries
operating under an alternative anti-dumping averaging period. If a
petition by a refiner is approved, the standards described in this
paragraph shall be the standards applicable to the refinery identified
in the petition for purposes of the anti-dumping program during the
period of the alternative averaging period. Except as specifically
modified by this section, the refinery must continue to comply with all
other standards applicable under the anti-dumping standards of subpart E
of this part.
(i) A refinery shall meet the following deadlines for compliance
with the statutory baseline, depending on the length of the alternative
averaging period applicable to the refinery:
------------------------------------------------------------------------
Refinery must
comply with the
Compliance period Statutory Baseline
Length of compliance period in must start no NOX standard, on
years later than January average, for
1st of gasoline produced
beginning with the
------------------------------------------------------------------------
2............................... 2004.............. 7th quarter and
all subsequent
quarters.
3............................... 2003.............. 10th quarter and
all subsequent
quarters.
4............................... 2002.............. 13th quarter and
all subsequent
quarters.
5............................... 2001.............. 16th quarter and
all subsequent
quarters.
------------------------------------------------------------------------
(ii)(A) By the end of the applicable alternative averaging period,
the refinery must generate a net NOX benefit (compared to the
statutory baseline) that is at least twice as large as the total
NOX deficit generated during the period of time during which
the refiner produced gasoline that did not comply with the statutory
baseline.
(B) At least one-half of the total NOX benefit required
under paragraph (k)(3)(ii)(A) of this section must be generated by
production of conventional gasoline at the refinery that is cleaner than
the statutory baseline NOX standard, as calculated on a
quarterly basis in accordance with the provision of this paragraph
(k)(3)(ii).
(C) Any portion of the total NOX benefit beyond that
portion described under paragraph (k)(3)(ii)(B) of this section may come
from either the production of conventional gasoline at the refinery that
is cleaner than the statutory baseline NOX standard, as
calculated on a quarterly basis, or from the purchase and retirement of
stationary source NOX credits or allowances, as provided in
paragraph (k)(3)(iii) of this section.
[[Page 184]]
(D) For the purposes of this Sec. 80.101(k) and Sec. 80.101(l),
the NOX deficit in tons shall be calculated in accordance
with the following equation:
NOXDef = (NOXad - NOXsea)*
Gd*2.7 x 10-8
Where:
NOXDef = the NOX deficit, in tons, for a calendar
quarter in which the refiner's NOX performance for
that quarter exceeds NOXsea.
NOXad = the average volume weighted NOX emissions
performance, in mg/mile, for a calendar quarter in which the
refiner exceeds NOXsea.
NOXsea = quarterly statutory NOX performance
values. First calendar quarter = 1540 mg/mile; Second calendar
quarter = 1383 mg/mile; Third calendar quarter = 1381 mg/mile;
Fourth calendar quarter = 1540 mg/mile.
Gd = the volume of gasoline produced during a quarter in
which the refiner exceeds the applicable NOX
standard, measured in gallons.
(E) For the purposes of this Sec. 80.101(k) and Sec. 80.101(l),
the NOX benefit in tons shall be calculated in accordance
with the following equation:
NOXBen (NOXsea--
NOXab)*Gd*2.7 x 10-8
Where:
NOxBen = the NOX benefit, in tons, for a calendar
quarter in which the refiner's NOX performance for
that quarter is below NOXsea.
NOXab = the average volume weighted NOX emissions
performance, in mg/mile, for a calendar quarter in which the
refiner is below NOXsea.
NOXsea = quarterly statutory NOX performance
values. First calendar quarter = 1540 mg/mile; Second calendar
quarter = 1383 mg/mile; Third calendar quarter = 1381 mg/mile;
Fourth calendar quarter = 1540 mg/mile.
Gb = the volume of gasoline produced during a quarter in
which the refiner is below the applicable NOX
standard, measured in gallons.
(iii) NOX Credits and Allowances. (A) Within 60 days of
the end of each quarter for which the refinery produces gasoline for
which there is a NOX deficit, the refiner shall purchase
stationary source NOX credits or allowances that are equal to
or greater than the amount of the NOX deficit generated
during the quarter, and provide written demonstration of such
transaction to the Administrator. These NOX credits or
allowances are in addition to any NOX credits or allowances
purchased during any previous quarters. NOX deficit is to be
calculated on a quarterly basis in accordance with the equation in
paragraph (k)(3)(ii)(D) of this section.
(B) No NOX credits or allowances purchased by the refiner
may contribute to the refinery's compliance with the requirements of
paragraphs (k)(3)(ii)(B) of this section.
(C) The refinery may sell NOX credits or allowances
purchased under this paragraph (k)(3)(iii) only in an amount equal to or
less than any NOX benefit that the refinery generates
subsequently through the production of conventional gasoline at the
refinery that is cleaner than the statutory baseline NOX
standard, as calculated on a quarterly basis. A refiner may retire
credits or allowances purchased under this paragraph (k)(3)(iii) at any
time.
(D) For purposes of satisfying a refinery's obligations under
paragraphs (k)(3)(ii)(C), (k)(3)(iii)(A) or (l)(6)(ii) of this section,
any NOX credits or allowances that a refiner purchases must
have been validly generated as part of a state stationary source program
covered by an approved state implementation plan (SIP) and must be
current and marketable NOX credits or allowances. It shall be
the refiner's responsibility to ensure that NOX credits or
allowances are valid, current and marketable.
(E) In order to be retired, NOX allowances or credits
must be retired by EPA or the administering state agency, as provided
for in the applicable state implementation plan (SIP). It shall be the
refiner's responsibility to ensure that NOX credits or
allowances are actually retired and that retirement is reflected in the
records of EPA or the administering state agency.
(iv) (A) The refinery shall not generate marketable credits or
allotments under the Tier 2 gasoline program provisions of Subpart H of
this part during the entire alternative averaging period and shall
provide a written statement, on a quarterly basis, certifying that the
refinery has not generated, produced, sold, or transferred any such
marketable credits or allotments under Subpart H of this part.
[[Page 185]]
(B) If the final quarter of the alternative averaging period ends on
a date other than December 31, then the refiner may generate credits for
that portion of the year that was not subject to the alternative
averaging period.
(v) The refinery shall market any conventional gasoline it produces
that is subject to the requirements of Sec. 80.27 as 9.0 RVP gasoline
until the standard in paragraph (k)(3)(i) of this section is met.
(vi) A refinery that has been granted an averaging period under this
section must submit the following reports to the Administrator within 30
days of the end of each calendar quarter:
(A) Quarterly batch reports and anti-dumping averaging reports for
gasoline produced during each quarter; and
(B)(1) Documents that demonstrate compliance with the requirements
under paragraph (k)(3)(iii) and (k)(3)(iv) of this section. including a
calculation of the NOX deficit or benefit for that quarter
and a current total, based upon all quarters, indicating the current
NOX deficit or NOX benefit balance for the
refinery; and
(2) A statement of the number of NOX credits or
allowances purchased, sold or retired during the quarter and a current
total, based upon all quarters, indicating the current balance of
NOX credits or allowances; and
(3) Any contractual documents, or other documents, evidencing the
purchasing, banking or retiring of NOX credits or allowances.
(vii) The Administrator may specify, as part of the approved
petition, deadlines by which a refiner is obligated to take certain
actions (including those listed in paragraph (k)(2)(viii) of this
section) demonstrating reasonable progress toward completion of the
refinery changes necessary to produce gasoline that will allow the
refinery to comply with the overall alternative averaging period
NOX standard.
(viii)(A) The refiner shall submit reports demonstrating compliance
with deadline requirements under paragraph (k)(3)(vii) of this section
no later than 30 days after the applicable deadline occurs. Upon failure
to meet a deadline requirement under paragraph (k)(3)(vii) of this
section, the Administrator may accelerate the date by which the refiner
would have to produce gasoline that complies with the annual average
statutory baseline NOX standard under paragraph (k)(3)(i) or
(l)(6)(i) of this section such that the gasoline produced by the
refinery beginning with the quarter immediately following the quarter
during which the failure occurred (and during each subsequent quarter)
would have to meet that standard. The acceleration of the requirement
under paragraph (k)(3)(i) or (l)(6)(i) of this section, regarding
compliance with the annual average statutory baseline NOX
standard, does not affect the applicability of any other standard or
requirement applicable to the refinery under this or any other section
of the Act (e.g., the refinery must still comply with the overall
alternative averaging period NOX requirements in paragraph
(k)(3)(ii) of this section).
(B) The reports required by this paragraph shall be on forms and
following procedures specified by the Administrator of the EPA and
signed and certified as correct by the owner or a responsible corporate
officer of the refiner.
(ix) The refiner shall comply with any condition or requirement
prescribed by the Administrator as part of the petition approval.
(x) The refinery must comply with all standards in this paragraph
and with all applicable anti-dumping standards in Subpart E of this
section, except the NOX standard.
(4) Approval or disapproval of petitions. The Administrator will
approve or disapprove the petition within six months of receipt, in
writing, and in the case of an approval will include any conditions or
requirements to which the approval is subject.
(5) Effective date for alternative averaging period. (i) For an
approved petition, the alternative averaging period shall become
effective with the first day of the next calendar quarter, unless the
first day of a later calendar quarter is requested.
(ii) If the final quarter of the alternative averaging period ends
on a date other than December 31, then the refiner must demonstrate
compliance with anti-dumping standards for gasoline produced during the
remainder of
[[Page 186]]
that year and must demonstrate such compliance via the annual report as
specified in Sec. 80.105.
(6) Refinery request for a change in alternative averaging period.
At any point during the pendency of an alternative conventional gasoline
anti-dumping compliance period the Administrator may, upon application
by a refiner, approve a different alternative compliance period for a
refinery already operating subject to an alternative compliance period.
In any such case:
(i) A refinery for which a change in the applicable alternative
compliance period is approved shall thereafter operate as if the
refinery had originally requested and received such alternative
compliance period, and shall be subject to the standards and other
requirements applicable under such alternative compliance period.
(ii) The Administrator will approve or disapprove any application
for a different alternative compliance period, in writing, within six
months of receipt, and in the case of an approval will include any
conditions or other requirements to which the approval is subject;
(iii) Accept as specifically modified by this section, such refinery
must continue to comply with all other standards and other requirements
applicable under the conventional gasoline anti-dumping standards; and
(iv) No application may result in an alternative compliance period
that extends beyond January 1, 2006, except as provided in paragraph (l)
of this section.
(7) Violations under this paragraph (k). Any person who fails to
meet a standard or other requirement under this paragraph (k) shall be
liable for penalties under Sec. 80.5. Additionally, in the event that
the refiner fails to achieve the required NOX benefit
calculated under paragraph (k)(3)(ii) of this section, any
NOX credits still banked under paragraph (k)(3)(iii) of this
section shall be forfeit.
(l) Special alternative anti-dumping averaging period provisions for
small refineries--(1) Eligibility for petition. A refiner who has been
granted small refiner status under Sec. 80.235 and who meets the
eligibility requirements in paragraph (k)(1) of this section may
petition for an alternative compliance period that is greater than five
years and/or that extends beyond January 1, 2006, provided that such
application is submitted by January 1, 2004. No application under this
paragraph (l) may result in an alternative compliance period that
extends beyond January 1, 2008.
(2) Application process. Applications must be submitted to the
Administrator by January 1, 2004, to the following address: U.S. EPA--
Attn: Anti-Dumping Compliance Period (6406J), 1200 Pennsylvania Avenue,
NW, Washington, DC 20460 (certified mail/return receipt) or U.S. EPA--
Attn: Anti-Dumping Compliance Period (6406J), Transportation & Regional
Programs Division, 501 3rd Street, NW, Washington, DC 20001 (express
mail/return receipt).
(3) Contents of the application petition. Each petition must
include:
(i) The information and signed statements specified for all
petitioners under Sec. 80.101(k)(2);
(ii) A description of the hardships that make it infeasible, on a
cost and/or technological basis, for the refinery to comply with an
alternative anti-dumping compliance baseline of five years or less, or
that ends on or before January 1, 2006.
(iii) A quarterly timeline, from the date of the application,
indicating the expected NOX emissions performance of the
refinery's conventional gasoline, and the reasons for any expected non-
compliance with the statutory baseline standard for NOX on a
quarterly basis (for example, a particular gasoline blendstock-producing
unit not yet installed). The timeline shall include the date by which
the refinery will produce conventional gasoline that complies with the
annual average statutory NOX baseline on a quarterly basis as
determined according to Sec. 80.101(k)(3)(ii).
(iv) A demonstration that the conditions for which the refinery was
granted small refiner status under Sec. 80.235 are still applicable.
(v) Information already submitted to the Administrator as part of a
prior petition under paragraph (k) of this section, shall be updated if
applicable.
(4) Approval or disapproval of petitions. The Administrator may
approve
[[Page 187]]
a petition under this paragraph (l) if it includes information
sufficient to demonstrate to the Administrator's satisfaction that cost
and/or technological constraints make it infeasible for the refinery to
comply with an alternative anti-dumping compliance baseline of five
years or less, or that ends on or before January 1, 2006. The
Administrator will approve or deny the petition in writing within six
months of receipt. An approval will include any conditions or
requirements to which the approval is subject.
(5) Cessation of extended alternative compliance period. (i)
Refineries that qualify as small under Sec. 80.223, and that later are
disqualified under Sec. 80.230(b), will be subject to the statutory
anti-dumping baseline on an annual average basis beginning the calendar
year immediately following the refinery's change in status.
(ii) If the Administrator finds that a refiner provided false or
inaccurate information on its application for small refiner status, upon
notice from the Administrator, the refiner's extended alternative
compliance period will be void ab initio.
(6) Compliance requirements for qualifying small refiners. (i) If
the refiner's application for an extended compliance period under this
paragraph (l) is approved, then the refinery must comply with the
statutory baseline NOX standard, on average, for gasoline
produced beginning by not later than the 19th quarter (for a six year
compliance period) or by no later than the 22nd quarter (for a seven
year compliance period).
(ii) The refinery must meet all other applicable requirements in
paragraph (k) of this section, including the production of a net
NOX benefit under paragraph (k)(3)(ii) of this section,
except that the following provisions shall apply:
(A) For any cumulative NOX deficit remaining at the
expiration of the fifth year, based on the NOX emission
performance of gasoline actually produced at the refinery, and as
calculated under paragraph (k)(3)(ii) of this section, the refiner shall
provide an additional NOX benefit equal to one half ton of
NOX emissions per ton of deficit remaining by the end of the
refinery's alternative anti-dumping averaging period.
(B) For any cumulative NOX deficit remaining at the
expiration of the sixth year, based on the NOX emission
performance of gasoline actually produced at the refinery, and as
calculated under paragraph (k)(3)(ii) of this section, the refiner shall
provide an additional NOX benefit equal to one ton of
NOX emissions per ton of deficit remaining by the end of the
refinery's alternative anti-dumping averaging period.
(C) The additional NOX benefits required under this
paragraph (l)(6)(ii) of this section may come from the production of
gasoline at the refinery that is cleaner than the statutory baseline or
from the purchase and retirement of stationary source NOX
credits or allowances as provided in paragraph (k)(3)(iii) of this
section.
[59 FR 7860, Feb. 16, 1994, as amended at 59 FR 36968, July 20, 1994; 60
FR 40008, Aug. 4, 1995; 62 FR 9884, Mar. 4, 1997; 62 FR 68207, Dec. 31,
1997; 64 FR 30910, June 9, 1999; 64 FR 37689, July 13, 1999; 65 FR
54431, Sept. 8, 2000; 66 FR 67107, Dec. 28, 2001; 67 FR 8738, Feb. 26,
2002; 68 FR 24307, May 6, 2003; 70 FR 74572, Dec. 15, 2005; 72 FR 8543,
Feb. 26, 2007; 72 FR 60580, Oct. 25, 2007; 79 FR 23647, Apr. 28, 2014]
Sec. 80.102 [Reserved]
Sec. 80.103 Registration of refiners and importers.
Any refiner or importer of conventional gasoline must register with
the Administrator in accordance with the provisions specified at Sec.
80.76.
Sec. 80.104 Recordkeeping requirements.
Any parties in the gasoline distribution network shall maintain
records containing the information as required by this section.
(a) For any refiner or importer, beginning in 1995, for each
averaging period:
(1) Documents containing the information specified in paragraph
(a)(2) of this section shall be obtained for:
(i) Each batch of conventional gasoline; and
(ii) Each batch of blendstock received in the case of any refiner
that determines compliance on the basis of blendstocks properties under
Sec. 80.101(g)(3).
[[Page 188]]
(2)(i) The results of tests performed in accordance with Sec.
80.101(i);
(ii) The volume of the batch;
(iii) The batch number;
(iv) The date of production, importation or receipt;
(v) The designation regarding whether the batch is summer or winter
gasoline;
(vi) The product transfer documents for any conventional gasoline
produced or imported;
(vii) The product transfer documents for any conventional gasoline
received;
(viii) For any gasoline blendstocks received by or transferred from
a refiner or importer, documents that reflect:
(A) The identification of the product;
(B) The date the product was transferred; and
(C) The volume of product;
(ix) [Reserved]
(x) In the case of oxygenate that is added by a person other than
the refiner or importer under Sec. 80.101(d)(4)(ii)(B), documents that
support the volume of oxygenate claimed by the refiner or importer,
including the contract with the oxygenate blender and records relating
to the audits, sampling and testing, and inspections of the oxygenate
blender operation.
(xi) In the case of blendstocks that are included in refinery
compliance calculations using the procedures under Sec. 80.101(g)(3),
documents that reflect the volume of blendstock and the volume of
gasoline with which the blendstock is blended.
(xii) In the case of gasoline classified as previously certified
gasoline under the terms of Sec. 80.101(g)(9), the results of the tests
to determine the properties and volume of the previously certified
gasoline when received at the refinery and records that reflect the
storage and movement of the previously certified gasoline to the point
the previously certified gasoline is used to produce conventional
gasoline.
(xiii) In the case of gasoline subject to an approved petition under
Sec. 80.93(d), documents that reflect that the gasoline was produced or
imported for use in Alaska, Hawaii, the Commonwealth of Puerto Rico, and
the Virgin Islands, as applicable.
(xiv) In the case of butane blended into conventional gasoline under
Sec. 80.82, documentation of:
(A) The volume of the butane added;
(B) The volume of the gasoline prior to and subsequent to the butane
blending;
(C) The purity and properties of the butane under Sec. 80.82(c) and
(d), as appropriate; and
(D) Compliance with the requirements of Sec. 80.82.
(xv) In the case of any imported GTAB, documents that reflect the
physical movement of the GTAB from the point of importation to the point
of blending to produce gasoline.
(b) For all parties described in this section that produce and
distribute gasoline, in the case of any interface or transmix used to
produce conventional gasoline under Sec. 80.84, records that reflect
the results of any sampling and testing of conventional gasoline under
Sec. 80.84.
(1) Pipelines must keep records showing that the interface was
designated in the proper manner according to the designations listed in
Sec. 80.84(b)(1).
(2) Transmix processors and transmix blenders must keep records
showing that their transmix meets the definition in Sec. 80.84(a)(2),
or contains gasoline and distillate fuel only from the sources listed in
Sec. 80.84(e).
(3) Transmix processors must keep records showing the volumes of
conventional gasoline recovered from transmix and the type and amount of
any blendstock added, if applicable.
(4) Transmix blenders must keep records showing compliance with the
quality assurance program and/or sampling and testing requirements in
Sec. 80.84(d)(2) or (d)(3) for each batch of conventional gasoline with
which transmix is blended, the volume of the batch, and the volume of
transmix blended into the batch.
(c) All parties in the gasoline distribution network shall retain
the documents required in this section for a period of five years from
the date the conventional gasoline or blendstock is produced or
imported, and deliver such
[[Page 189]]
documents to the Administrator of EPA upon the Administrator's request.
[59 FR 7860, Feb. 16, 1994, as amended at 59 FR 36969, July 20, 1994; 62
FR 68208, Dec. 31, 1997; 66 FR 67107, Dec. 28, 2001; 67 FR 8738, Feb.
26, 2002; 70 FR 74573, Dec. 15, 2005; 71 FR 31963, June 2, 2006; 72 FR
60581, Oct. 25, 2007]
Sec. 80.105 Reporting requirements.
(a) Beginning with the 1995 averaging period, and for each
subsequent averaging period, any refiner for each refinery or group of
refineries at which any conventional gasoline is produced, and any
importer that imports any conventional gasoline, shall submit to the
Administrator a report which contains the following information:
(1) The total gallons of conventional gasoline produced or imported;
(2)-(3) [Reserved]
(4)(i) If using the simple model:
(A) The applicable exhaust benzene emissions standard under Sec.
80.101(b)(1)(i);
(B) The average exhaust benzene emissions under Sec. 80.101(g);
(C) The applicable sulfur content standard under Sec.
80.101(b)(1)(ii) in parts per million;
(D) The average sulfur content under Sec. 80.101(g) in parts per
million;
(E) The difference between the applicable sulfur content standard
under Sec. 80.101(b)(1)(ii) in parts per million and the average sulfur
content under paragraph (a)(4)(i)(D) of this section in parts per
million, indicating whether the average is greater or lesser than the
applicable standard;
(F) The applicable olefin content standard under Sec.
80.101(b)(1)(iii) in volume percent;
(G) The average olefin content under Sec. 80.101(g) in volume
percent;
(H) The difference between the applicable olefin content standard
under Sec. 80.101(b)(1)(iii) in volume percent and the average olefin
content under paragraph (a)(4)(i)(G) of this section in volume percent,
indicating whether the average is greater or lesser than the applicable
standard;
(I) The applicable T90 distillation point standard under Sec.
80.101(b)(1)(iv) in degrees Fahrenheit;
(J) The average T90 distillation point under Sec. 80.101(g) in
degrees Fahrenheit; and
(K) The difference between the applicable T90 distillation point
standard under Sec. 80.101(b)(1)(iv) in degrees Fahrenheit and the
average T90 distillation point under paragraph (a)(4)(i)(J) of this
section in degrees Fahrenheit, indicating whether the average is greater
or lesser than the applicable standard.
(ii) If using the optional complex model, the applicable exhaust
benzene emissions standard and the average exhaust benzene emissions,
under Sec. 80.101(b)(2) and (g).
(iii) If using the complex model:
(A) The applicable exhaust toxics emissions standard and the average
exhaust toxics emissions, under Sec. 80.101(b)(3) and (g); and
(B) The applicable NOX emissions standard and the average
NOX emissions, under Sec. 80.101(b)(3) and (g).
(5) All the following information for each batch of conventional
gasoline or batch of blendstock included under paragraph (a) of this
section:
(i) The batch number.
(ii) The date of production.
(iii) The volume of the batch.
(iv) The grade of gasoline produced (i.e., premium, mid-grade, or
regular).
(v) The properties, along with identification of the test method
used to measure those properties, pursuant to Sec. 80.101(i).
(vi) In the case of any previously certified gasoline used in a
refinery operation under the terms of Sec. 80.101(g)(9), all the
following information relative to the previously certified gasoline when
received at the refinery:
(A) Identification of the previously certified gasoline as such.
(B) The batch number assigned by the receiving refinery.
(C) The date of receipt.
(D) The volume, properties (along with identification of the test
method used to measure those properties), and designation of the batch.
(vii) In the case of butane blended with conventional gasoline under
Sec. 80.82, all the following:
(A) Identification of the butane batch as complying with the
provisions of Sec. 80.82.
(B) Identification of the butane batch as commercial or non-
commercial grade butane.
(C) The batch number of the butane.
[[Page 190]]
(D) The date of production of the gasoline produced using the
butane.
(E) The volume of the butane batch.
(F) The properties of the butane batch specified by the butane
supplier, along with identification of the test method used to measure
those properties, or the properties specified in Sec. 80.82(c) or (d),
as appropriate.
(G) Where butane is blended with conventional gasoline during the
period May 1 through September 15, the Reid vapor pressure, along with
identification of the test method used to measure Reid vapor pressure
(per Sec. 80.46 through December 31, 2015 and Sec. 80.47 beginning
January 1, 2016);
(viii) In the case of pentane blended with conventional gasoline
under Sec. 80.85, all the following:
(A) Identification of the pentane batch as complying with the
provisions of Sec. Sec. 80.85 and 80.86.
(B) Identification of the pentane batch as blender-commercial grade
or blender-non-commercial grade pentane.
(C) The batch number of the pentane.
(D) The date of production of the gasoline produced using the
pentane.
(E) The volume of the pentane batch.
(F) The properties of the pentane batch specified by the pentane
supplier, or the properties specified in Sec. 80.85(c) or (d), as
appropriate.
(G) Where pentane is blended with conventional gasoline during the
period May 1 through September 15, the Reid vapor pressure, as measured
using the appropriate test method in Sec. 80.46 or Sec. 80.47, as
applicable.
(ix) In the case of any imported GTAB, identification of the
gasoline as GTAB.
(6) Such other information as EPA may require.
(7) For refiners that blend any butane with conventional gasoline
under Sec. 80.82, or any pentane with conventional gasoline under the
report required under Sec. 80.85, the report described in paragraph (a)
of this section must include all the following information for the
annual averaging period:
(i) The total volume of butane blended with conventional gasoline.
(ii) The total volume of conventional gasoline produced using
butane.
(iii) A statement that the gasoline produced using butane meets all
applicable downstream standards that apply to conventional gasoline
under this subpart E, along with the test methods used to determine
compliance with the downstream standards that apply to conventional
gasoline under this subpart E.
(iv) A statement that all butane blended with conventional gasoline
at the refinery is included in the volume under paragraph (a)(7)(i) of
this section, or a statement that all butane blended with conventional
gasoline is included in the refinery's annual average compliance
calculations under Sec. 80.101.
(v) The total volume of pentane blended with conventional gasoline.
(vi) The total volume of conventional gasoline produced using
pentane.
(vii) A statement that the gasoline produced using pentane meets all
applicable downstream standards that apply to conventional gasoline
under this subpart E.
(viii) A statement that all pentane blended with conventional
gasoline at the refinery is included in the volume under paragraph
(a)(7)(v) of this section, or a statement that all pentane blended with
conventional gasoline is included in the refinery's annual average
compliance calculations under Sec. 80.101.
(b) The reporting requirements of paragraph (a) of this section do
not apply in the case of any conventional gasoline or gasoline
blendstock that is excluded from a refiner's or importer's compliance
calculation pursuant to Sec. 80.101(e).
(c) For each averaging period, each refiner for each refinery and
importer shall submit to the Administrator of EPA, by June 1 of each
year, a report in accordance with the requirements for the Attest
Engagements of Sec. 80.125 through Sec. 80.131.
(d) The report required by paragraph (a) of this section shall be:
(1) Submitted on forms and following procedures specified by the
Administrator of EPA;
(2) Submitted to EPA by March 31 each year for the prior calendar
year averaging period; and
[[Page 191]]
(3) Signed and certified as correct by the owner or a responsible
corporate officer of the refiner or importer.
[59 FR 7860, Feb. 16, 1994, as amended at 59 FR 36969, July 20, 1994; 60
FR 65575, Dec. 20, 1995; 66 FR 67108, Dec. 28, 2001; 67 FR 8738, Feb.
26, 2002; 70 FR 74573, Dec. 15, 2005; 79 FR 23647, Apr. 28, 2014]
Sec. 80.106 Product transfer documents.
(a)(1) On each occasion when any person transfers custody or title
to any conventional gasoline, the transferor shall provide to the
transferee documents which include the following information:
(i) The name and address of the transferor;
(ii) The name and address of the transferee;
(iii) The volume of gasoline being transferred;
(iv) The location of the gasoline at the time of the transfer;
(v) The date of the transfer; and
(vi) The following statement: ``This product does not meet the
requirements for reformulated gasoline, and may not be used in any
reformulated gasoline covered area.''
(2) The requirements of paragraph (a)(1) of this section apply to
product that becomes gasoline upon the addition of oxygenate only.
(b) [Reserved]
[59 FR 7860, Feb. 16, 1994, as amended at 67 FR 8738, Feb. 26, 2002; 70
FR 74573, Dec. 15, 2005]
Sec. Sec. 80.107-80.124 [Reserved]
Subpart F_Attest Engagements
Source: 59 FR 7875, Feb. 16, 1994, unless otherwise noted.
Sec. 80.125 Attest engagements.
(a) Any refiner and importer subject to the requirements of this
subpart F shall engage an independent certified public accountant, or
firm of such accountants (hereinafter referred to in this subpart F as
``CPA''), to perform an agreed-upon procedures attestation engagement of
the underlying documentation that forms the basis of the reports
required by Sec. Sec. 80.75 and 80.105.
(b) The CPA shall perform the attestation engagements in accordance
with the Statements on Standards for Attestation Engagements.
(c) The CPA may complete the requirements of this subpart F with the
assistance of internal auditors who are employees or agents of the
refiner or importer, so long as such assistance is in accordance with
the Statements on Standards for Attestation Engagements.
(d) Notwithstanding the requirements of paragraph (a) of this
section, any refiner or importer may satisfy the requirements of this
subpart F if the requirements of this subpart F are completed by an
auditor who is an employee of the refiner or importer, provided that
such employee:
(1) Is an internal auditor certified by the Institute of Internal
Auditors, Inc. (hereinafter referred to in this subpart F as ``CIA'');
and
(2) Completes the internal audits in accordance with the
Codification of Standards for the Professional Practice of Internal
Auditing.
(e) Use of a CPA or CIA who is debarred, suspended, or proposed for
debarment pursuant to the Governmentwide Debarment and Suspension
Regulations, 2 CFR part 1532, or the Debarment, Suspension, and
Ineligibility Provisions of the Federal Acquisition Regulations, 48 CFR
part 9, subpart 9.4, shall be deemed in noncompliance with the
requirements of this section.
(f) The following documents are incorporated by reference: the
Statements on Standards for Attestation Engagements, Codification of
Statements on Auditing Standards, written by the American Institute of
Certified Public Accountants, Inc., 1991, and published by the Commerce
Clearing House, Inc., Identification Number 059021, and the Codification
of Standards for the Professional Practice of Internal Auditing, written
and published by the Institute of Internal Auditors, Inc., 1989,
Identification Number ISBN 0-89413-207-5. These incorporations by
reference were approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the
Statements on
[[Page 192]]
Standards for Attestation Engagements may be obtained from the American
Institute of Certified Public Accountants, Inc., 1211 Avenue of the
Americas, New York, New York 10036, and copies of the Codification of
Standards for the Professional Practice of Internal Auditing may be
obtained from the Institute of Internal Auditors, Inc., 249 Maitland
Avenue, Altamonte Springs, Florida 32701-4201. Copies may be inspected
at the U.S. Environmental Protection Agency, Office of the Air Docket,
401 M St., SW., Washington, DC., or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html.
[59 FR 7875, Feb. 16, 1994, as amended at 59 FR 36969, July 20, 1994; 70
FR 74573, Dec. 15, 2005; 71 FR 26701, May 8, 2006; 72 FR 2427, Jan. 19,
2007]
Sec. 80.126 Definitions.
The following definitions shall apply for the purposes of this
subpart F:
(a) Averaging compliance records shall include the calculations used
to determine compliance with relevant standards on average, for each
averaging period and for each quantity of gasoline for which standards
must be achieved separately.
(b) Credit Trading Records. Credit trading records shall include
worksheets and EPA reports showing actual and complying totals for
benzene; credit calculation worksheets; contracts; letter agreements;
and invoices and other documentation evidencing the transfer of credits.
(c) Designation records shall include laboratory analysis reports
that identify whether gasoline meets the requirements for a given
designation; operational and accounting reports of product storage; and
product transfer documents.
(d) Oxygenate blender records shall include laboratory analysis
reports; refiner, importer and oxygenate blender contracts; quality
assurance program records; product transfer documents; oxygenate
purchasing, inventory, and usage records; and daily tank inventory
gauging reports, meter tickets, and product transfer documents.
(e) Product transfer documents means copies of documents represented
by the refiner/importer/oxygenate blender as having been provided to the
transferee, and that reflect the transfer of ownership or physical
custody of gasoline or blendstock (e.g., invoices, receipts, bills of
lading, manifests, and/or pipeline tickets).
(f) Tender means the transfer of ownership or physical custody of a
volume of gasoline or other petroleum product all of which has the same
identification (reformulated gasoline, conventional gasoline, RBOB, and
other non-finished-gasoline petroleum products), and characteristics
(time and place of use restrictions for reformulated gasoline and RBOB).
(g) Volume records shall include summaries of gasoline produced or
imported that account for the volume of each type of gasoline produced
or imported. The volumes shall be based on tank gauges or meter reports
and temperature adjusted to 60 degrees Fahrenheit.
(h) Attestor means the CPA or CIA performing the agreed-upon
procedures engagement under this subpart.
(i) Foot (or crossfoot) means to add a series of numbers, generally
in columns (or rows), to a total amount. When applying the attestation
procedures in this subpart F, the attestor may foot to subtotals on a
sample basis in those instances where subtotals (e.g., page totals)
exist. In such instances, the total should be footed from the subtotals
and the subtotals should be footed on a test basis using no less than
25% of the subtotals.
(j) Laboratory Analysis means the original test result for each
analysis that was used to determine a product's properties. For
laboratories using test methods that must be correlated to the standard
test method, the correlation factors and results shall be included as
part of the laboratory analysis. For refineries or importers that
produce reformulated gasoline or RBOB and use the 100% independent lab
testing, the laboratory analysis shall consist of the results reported
to the refinery or importer by the independent lab. Where
[[Page 193]]
assumed properties used (e.g., for butane) the assumed properties may
serve as the test results.
(k) Non-finished-gasoline petroleum products means liquid petroleum
products that have boiling ranges greater than 75 degrees Fahrenheit,
but less than 450 degrees Fahrenheit, as per ASTM D 86 or equivalent.
(l) Reporting period means the time period relating to the reports
filed with EPA by the refiner, importer, or oxygenate blender, and
generally is the calendar year.
[59 FR 7875, Feb. 16, 1994, as amended at 70 FR 74574, Dec. 15, 2005; 71
FR 26701, May 8, 2006]
Sec. 80.127 Sample size guidelines.
In performing the attest engagement, the auditor shall sample
relevant populations to which agreed-upon procedures will be applied
using the methods specified in this section, which shall constitute a
representative sample.
(a) Sample items shall be selected in such a way as to comprise a
simple random sample of each relevant population; and
(b) Sample size shall be determined using one of the following
options:
(1) Option 1. Determine the sample size using the following table:
Sample Size, Based Upon Population Size
------------------------------------------------------------------------
No. in population (N) Sample size
------------------------------------------------------------------------
66 and larger............................. 29
41-65..................................... 25
26-40..................................... 20
0-25...................................... N or 19, whichever is
smaller.
------------------------------------------------------------------------
(2) Option 2. Determine the sample size in such a manner that the
sample size is equal to that which would result by using the following
parameters and standard statistical methodologies:
Confidence Level--95%
Expected Error Rate--0%
Maximum Tolerable Error Rate--10%
(3) Option 3. The auditor may use some other form of sample
selection and/or some other method to determine the sample size,
provided that the resulting sample affords equal or better strength of
inference and freedom from bias (as compared with paragraphs (b)(1) and
(2) of this section), and that the auditor summarizes the substitute
methods and clearly demonstrates their equivalence in the final report
on the audit.
Sec. 80.128 Alternative agreed upon procedures for refiners
and importers.
Prior to the attest report for the 2006 reporting period, the
following minimum attest procedures may be carried out for a refinery or
importer, in lieu of the attest procedures specified in Sec. 80.133.
(a) Read the refiner's or importer's reports filed with EPA for the
previous year as required by Sec. Sec. 80.75, 80.83(g), and 80.105.
(b) Obtain a gasoline inventory reconciliation analysis for the
current year from the refiner or importer which includes reformulated
gasoline, RBOB, conventional gasoline, and non-finished-gasoline
petroleum products.
(1) Test the mathematical accuracy of the calculations contained in
the analysis.
(2) Agree the beginning and ending inventories to the refiner's or
importer's perpetual inventory records.
(c) Obtain separate listings of all tenders during the current year
of reformulated gasoline, RBOB, conventional gasoline, and non-finished-
gasoline petroleum products.
(1) Test the mathematical accuracy of the calculations contained in
the listings.
(2) Agree the listings of tenders' volumes to the gasoline inventory
reconciliation in paragraph (b) of this section.
(3) Agree the listings of tenders' volumes, where applicable, to the
EPA reports.
(d) Select a representative sample from the listing of reformulated
gasoline tenders, and for this sample:
(1) Agree the volumes to the product transfer documents;
(2) Compare the product transfer documents designation for
consistency with the time and place, and compliance model designations
for the tender (VOC-controlled or non-VOC-controlled, VOC region for
VOC-controlled, summer or winter gasoline, and simple or complex model
certified); and
(3) Trace back to the batch or batches in which the gasoline was
produced or imported. Obtain the refiner's
[[Page 194]]
or importer's internal laboratory analyses for each batch and compare
such analyses for consistency with the analyses results reported to EPA
and to the time and place designations for the tender's product transfer
documents.
(e) Select a representative sample from the listing of RBOB tenders,
and for this sample:
(1) Agree the volumes to the original product transfer documents;
(2) Determine that the requisite contract was in place with the
downstream blender designating the required blending procedures, or that
the refiner or importer accounted for the RBOB using the assumptions in
Sec. 80.69(a)(8) in the case of RBOB designated as ``any oxygenate,''
or ``ether only,'' or using the assumptions in Sec. Sec.
80.83(c)(1)(ii) (A) and (B) in the case of RBOB designated as ``any
renewable oxygenate,'' ``non VOC controlled renewable ether only,'' or
``renewable ether only'';
(3) Review the product transfer documents for the indication of the
type and amount of oxygenate required to be added to the RBOB;
(4) Trace back to the batch or batches in which the RBOB was
produced or imported. Obtain refiner's or importer's internal lab
analysis for each batch and agree the consistency of the type and volume
of oxygenate required to be added to the RBOB with that indicated in
applicable tender's product transfer documents;
(5) Agree the sampling and testing frequency of the refiner's or
importer's downstream oxygenated blender quality assurance program with
the sampling and testing rates as required in Sec. 80.69(a)(7); and
(6) In the case of RBOB designated as ``any renewable oxygenate,''
``non VOC controlled renewable ether'' or ``renewable ether only'',
review the documentation from the producer of the oxygenate to determine
if the oxygenate meets the requirements of Sec. 80.83(a).
(f) Select a representative sample of reformulated gasoline and RBOB
batches produced by computerized in-line blending, and for this sample:
(1) Obtain the composite sample internal laboratory analyses
results; and
(2) Agree the results of the internal laboratory analyses to the
quarterly batch information submitted to the EPA.
(g) Select a representative sample from the listing of the tenders
of conventional gasoline and conventional gasoline blendstock that
becomes gasoline through the addition of oxygenate only, and for this
sample:
(1) Agree the volumes to the product transfer documents;
(2) For a representative sample of tenders, trace back to the batch
or batches in which the gasoline was produced or imported. Obtain the
refiner's or importer's internal laboratory analyses for each batch and
compare such analyses for consistency with the analyses results reported
to EPA; and
(3) Where the refiner or importer has included oxygenate that is
blended downstream of the refinery or import facility in its compliance
calculations in accordance with Sec. 80.101(d)(4)(ii), obtain a listing
of each downstream oxygenate blending operation from which the refiner
or importer is claiming oxygenate for use in compliance calculations,
and for each such operation:
(i) Determine if the refiner or importer had a contract in place
with the downstream blender during the period oxygenate was blended;
(ii) Determine if the refiner or importer has records reflecting
that it conducted physical inspections of the downstream blending
operation during the period oxygenate was blended;
(iii) Obtain a listing from the refiner or importer of the batches
of conventional gasoline or conventional sub-octane blendstock, and the
compliance calculations which include oxygenate blended by the
downstream oxygenate blender, and test the mathematical accuracy of the
calculations contained in this listing;
(iv) Obtain a listing from the downstream oxygenate blender of the
oxygenate blended with conventional gasoline or sub-octane blendstock
that was produced or imported by the refiner or importer. Test the
mathematical accuracy of the calculations in this listing. Agree the
overall oxygenate blending listing obtained from the refiner or importer
with the listing obtained from the downstream oxygenate blender. Select
a representative sample of oxygenate blending listing obtained from the
[[Page 195]]
downstream oxygenate blender, and for this sample:
(A) Using product transfer documents, determine if the oxygenate was
blended with conventional gasoline or conventional sub-octane blendstock
that was produced by the refiner or imported by the importer; and
(B) Agree the oxygenate volume with the refiner's or importer's
listing of oxygenate claimed for this gasoline;
(v) Obtain a listing of the sampling and testing conducted by the
refiner or importer over the downstream oxygenate blending operation.
Select a representative sample of the test results from this listing,
and for this sample agree the tested oxygenate volume with the oxygenate
use listings from the refiner or importer, and from the oxygenate
blender; and
(vi) Obtain a copy of the records reflecting the refiner or importer
audit over the downstream oxygenate blending operation. Review these
records for indications that the audit included review of the overall
volumes and type of oxygenate purchased and used by the oxygenate
blender to be consistent with the oxygenate claimed by the refiner or
importer and that this oxygenate was blended with the refiner's or
importer's gasoline or blending stock.
[59 FR 7875, Feb. 16, 1994, as amended at 59 FR 36969, July 20, 1994; 59
FR 39292, Aug. 2, 1994; 62 FR 60136, Nov. 6, 1997; 67 FR 8738, Feb. 26,
2002; 70 FR 74574, Dec. 15, 2005]
Effective Date Note: At 59 FR 39292, Aug. 2, 1994, Sec. 80.128 was
amended by revising paragraphs (a) and (e)(2); removing ``and'' at the
end of paragraph (e)(4); removing the period at the end of paragraph
(e)(5) and adding ``; and'' in its place; and adding paragraph (e)(6)
effective Sep. 1, 1994. At 59 FR 60715, Nov. 28, 1994, the amendment was
stayed effective September 13, 1994. At 70 FR 74574, Dec. 15, 2005,
Sec. 80.128 was amended by revising paragraphs (e)(2), (e)(4) and
(e)(5) and removing paragraph (e)(6); however, the amendment could not
be incorporated because those paragraphs are stayed. At 71 FR 26702, May
8, 2006, Sec. 80.128 was amended by revising paragraph (e)(2); however,
the amendment could not be incorporated because that paragraph is
stayed. At 72 FR 8543, Feb. 26, 2007, Sec. 80.128 was amended by
revising paragraph (a); however, the amendment could not be incorporated
because that paragraph is stayed.
Sec. 80.129 [Reserved]
Sec. 80.130 Agreed upon procedures reports.
(a) Reports. (1) The CPA or CIA shall issue to the refiner or
importer a report summarizing the procedures performed in the findings
in accordance with the attest engagement or internal audit performed in
compliance with this subpart.
(2) The refiner or importer shall provide a copy of the auditor's
report to the EPA within the time specified in Sec. 80.75(m).
(b) Record retention. The CPA or CIA shall retain all records
pertaining to the performance of each agreed upon procedure and
pertaining to the creation of the agreed upon procedures report for a
period of five years from the date of creation and shall deliver such
records to the Administrator upon request.
[59 FR 7875, Feb. 16, 1994, as amended at 71 FR 26702, May 8, 2006]
Sec. 80.131 Agreed upon procedures for GTAB, certain conventional gasoline imported by truck, previously certified gasoline used to produce gasoline, and
butane blenders.
(a) Attest procedures for GTAB. The following are the attest
procedures to be carried out in the case of an importer who imports
gasoline classified as blendstock (or ``GTAB'') under the terms of Sec.
80.83:
(1) Obtain a listing of all GTAB volumes imported for the reporting
period. Agree the total volume of GTAB from the listing to the inventory
reconciliation analysis under Sec. 80.133, or agree to alternative
documents if the inventory reconciliation analysis is not sufficient.
(2) Obtain a listing of all GTAB batches reported to EPA by the
importer. Agree the total volume of GTAB from the listing to the GTAB
volumes reported to EPA. Note that the EPA report includes a notation
that the batch is not included in the compliance calculations because
the imported product is GTAB. Also, agree these volumes to the Import
Summary received from the U.S. Customs Service.
[[Page 196]]
(3) Select a sample, in accordance with the guidelines in Sec.
80.127, from the listing of GTAB batches obtained in paragraph (a)(2) of
this section, and for each GTAB batch selected perform the following:
(i) Trace the GTAB batch to the tank activity records. From the tank
activity records, determine the volumes of conventional gasoline and of
RFG produced. Agree the volumes from the tank activity records to the
batch volume reported to the EPA as reformulated or conventional
gasoline.
(ii) Agree the location of the refinery represented by the tank
activity records obtained in paragraph (a)(3)(i) of this section for the
gasoline produced from GTAB, to the location that the GTAB arrived in
the U.S. or at a facility to which GTAB is directly transported from the
import facility using records representing location (e.g., U.S. Customs
Service entry records). Using product transfer records, trace volumes
transported from the import facility directly to the refinery as
applicable.
(iii) Obtain tank activity records for all batches of GTAB received
and blended. Using the tank activity records, determine whether the GTAB
was received into an empty tank, or into a tank containing other GTAB
imported by that importer or finished gasoline of the same category as
the gasoline that will be produced using the GTAB or into a tank
containing blendstock.
(iv) Using the tank activity records obtained under paragraph
(a)(3)(iii) of this section, determine the volume of any tank bottom
(beginning tank inventory) that is previously certified gasoline before
GTAB is added to the tank. Using lab reports, batch reports, or product
transfer documents, determine the properties of the tank bottom.
(v) Determine whether the properties and volume of gasoline produced
using GTAB were determined in a manner that excludes the volume and
properties of any gasoline that previously has been included in any
refiners or importers compliance calculations, as follows:
(A) Note documented tank mixing procedures.
(B) Determine the volume and properties of the gasoline contained in
the storage tank after blending is complete. Mathematically subtract the
volume and properties of the previously certified gasoline to determine
the volume and properties of the GTAB plus blendstock added. Agree the
volume and properties of the GTAB plus blendstock added to the volume
reported to EPA as a batch of gasoline produced; or
(C) In the alternative, using the tank activity records, note that
only GTAB and blending components were combined, and that no gasoline
was added to the tank. Agree the volumes and properties of the shipments
from the tank after the GTAB and blendstock are added, blended, and
sampled and tested, to the volumes and properties reported to the EPA by
the refiner.
(vi) Obtain the importer's laboratory analysis for each batch of
GTAB selected, and agree the properties listed in the corresponding
batch report submitted to the EPA, to the laboratory analysis.
(b) Attest procedures for certain truck imports. The following are
the attest procedures to be carried out in the case of an importer who
imports conventional gasoline into the United States by truck using the
sampling and testing option in Sec. 80.101(i)(3) (``Sec. 80.101(i)(3)
truck imports'').
(1) Obtain a listing of all volumes of Sec. 80.101(i)(3) truck
imports for the reporting period. Agree the total volume of Sec.
80.101(i)(3) truck imports from the listing to the inventory
reconciliation analysis under Sec. 80.132.
(2) Obtain a listing of all Sec. 80.101(i)(3) truck import batches
reported to EPA by the importer. Agree the total volume of Sec.
80.101(i)(3) truck imports from the listing to the volume of Sec.
80.101(i)(3) truck imports reported to EPA. Also, agree these totals to
the Import Summary received from the U.S. Customs Service.
(3) Select a sample, in accordance with the guidelines in Sec.
80.127, from the listing obtained in paragraph (b)(2) of this section,
and for each Sec. 80.101(i)(3) truck import batch selected perform the
following:
(i) Obtain the copy of the terminal test results for the batch,
under
[[Page 197]]
Sec. 80.101(i)(3)(iii)(A), and determine that the sample was analyzed
using the test methods specified in Sec. 80.46, and agree the terminal
test results to the batch properties reported to EPA; and
(ii) Obtain tank activity records for the terminal storage tank
showing receipts, discharges, and sampling, and determine that the
sample under paragraph (b)(3)(i) of this section was collected
subsequent to the most recent receipt into the storage tank.
(4) Obtain listings for each terminal where Sec. 80.101(i)(3) truck
import gasoline was loaded, of all quality assurance samples collected
by the importer, and for each terminal select a sample in accordance
with the guidelines in Sec. 80.127 from the listing. For each quality
assurance sample selected perform the following:
(i) Determine that the sample was analyzed by the importer or by an
independent laboratory, and that the analysis was performed using the
test methods specified in Sec. 80.46;
(ii) Obtain the terminal's test results that correspond in time to
the time the quality assurance sample was collected, and agree the
terminal's test results with the quality assurance test results; and
(iii) Determine that the quality assurance sample was collected
within the frequency specified in Sec. 80.101(i)(3)(iv)(D).
(c) Attest procedures for previously certified gasoline. The
following are the attest procedures to be carried out in the case of a
refiner who uses previously certified gasoline under the requirements of
Sec. Sec. 80.65(i) and 80.101(g)(9).
(1) Obtain a listing of all batches of previously certified gasoline
used under the requirements of Sec. 80.65(i) which were received at the
refinery during the reporting period. Agree the total volume of such
previously certified gasoline from the listing to the inventory
reconciliation analysis under Sec. 80.133, or agree to alternative
documents if the inventory reconciliation analysis is not sufficient.
(2) Obtain a listing of all previously certified gasoline batches
reported to EPA by the refiner. Agree the total volume of previously
certified gasoline from the listing of previously certified gasoline
received in paragraph (c)(1) of this section to the volume of previously
certified gasoline reported to EPA.
(3) Select a sample, in accordance with the guidelines in Sec.
80.127, from the listing obtained in paragraph (c)(2) of this section,
and for each previously certified gasoline batch selected perform the
following:
(i) Trace the previously certified gasoline batch to the tank
activity records. Confirm that the previously certified gasoline was
included in a batch of reformulated or conventional gasoline produced at
the refinery.
(ii) Obtain the refiner's laboratory analysis and volume measurement
for the previously certified gasoline when received and agree the
properties and volume listed in the corresponding batch report submitted
to the EPA, to the laboratory analysis and volume measurements.
(iii) Obtain the product transfer documents for the previously
certified gasoline when received and agree the designations from the
product transfer documents to designations in the corresponding batch
report submitted to EPA (reformulated gasoline, RBOB or conventional
gasoline, and designations regarding VOC control).
(d) Attest procedures for butane blenders. The following are the
attest procedures to be carried out by a refiner who blends butane under
Sec. 80.82.
(1) Obtain a listing of all butane batches received at the refinery
during the reporting period.
(2) Obtain a listing of all butane batches reported to EPA by the
refiner for the reporting period. Agree the total volume of butane from
the receipt listing to the volume of butane reported to EPA.
(3) Select a sample, in accordance with the guidelines in Sec.
80.127, from the listing of butane batches reported to EPA, and for each
butane batch selected perform the following:
(i) Trace the butane included in the batch to the documents provided
to the refiner by the butane supplier for the butane. Determine, and
report as a finding, whether these documents establish the butane was
commercial grade, non-commercial grade, or neither commercial nor non-
commercial grade as defined in Sec. 80.82.
[[Page 198]]
(ii) In the case of non-commercial grade butane, obtain the
refiner's sampling and testing results for butane, and confirm that the
frequency of the sampling and testing was consistent with the
requirements in Sec. 80.82.
[70 FR 74574, Dec. 15, 2005]
Sec. 80.132 [Reserved]
Sec. 80.133 Agreed-upon procedures for refiners and importers.
The following are the minimum attest procedures that shall be
carried out for each refinery and importer. Agreed upon procedures may
vary from the procedures stated in this section due to the nature of the
refiner's or importer's business or records, provided that any refiner
or importer desiring to use modified procedures obtains prior approval
from EPA.
(a) EPA reports. (1) Obtain and read a copy of the refinery's or
importer's reports (except for batch reports) filed with the EPA as
required by Sec. Sec. 80.75 and 80.105 for the reporting period.
(2) In the case of a refiner's report to EPA that represents
aggregate calculations for more than one refinery, obtain the refinery-
specific volume and property information that was used by the refiner to
prepare the aggregate report. Foot and crossfoot the refinery-specific
totals and agree to the values in the aggregate report. The procedures
in paragraphs (b) through (m) of this section then are performed
separately for each refinery.
(3) Obtain a written representation from a company representative
that the report copies are complete and accurate copies of the reports
filed with the EPA.
(4) Identify, and report as a finding, the name of the commercial
computer program used by the refiner or importer to track the data
required by the regulations in this part, if any.
(b) Inventory reconciliation analysis. Obtain an inventory
reconciliation analysis for the refinery or importer for the reporting
period by product type (i.e., reformulated gasoline, RBOB, conventional
gasoline, and non-finished-gasoline petroleum products), and perform the
following:
(1) Foot and crossfoot the volume totals reflected in the analysis;
and
(2) Agree the beginning and ending inventory amounts in the analysis
to the refinery's or importer's inventory records. If the analysis shows
no production of conventional gasoline or if the refinery or importer
represents under paragraph (l) of this section that it has a baseline
less stringent or equal to the statutory baseline, the analysis may
exclude non-finished-gasoline petroleum products.
(3) Report as a finding the volume totals for each product type.
(c) Listing of tenders. For each product type other than non-
finished gasoline petroleum products (i.e., reformulated gasoline, RBOB,
conventional gasoline), obtain a separate listing of all tenders from
the refinery or importer for the reporting period. Each listing should
provide for each tender the volume shipped and other information as
needed to distinguish tenders. Perform the following:
(1) Foot to the volume totals per the listings; and
(2) For each product type listed in the inventory reconciliation
analysis obtained in paragraph (b) of this section, agree the volume
total on the listing to the tender volume total in the inventory
reconciliation analysis.
(d) Listing of batches. For each product type other than non-
finished gasoline petroleum products (i.e., reformulated gasoline, RBOB,
and conventional gasoline), obtain separate listings of all batches
reported to the EPA and perform the following:
(1) Foot to the volume totals per the listings; and
(2) Agree the total volumes in the listings to the production volume
in the inventory reconciliation analysis obtained in paragraph (b) of
this section.
(e) Reformulated gasoline tenders. Select a sample, in accordance
with the guidelines in Sec. 80.127, from the listing of reformulated
gasoline tenders obtained in paragraph (c) of this section, and for each
tender selected perform the following:
(1) Obtain product transfer documents associated with the tender and
agree the volume on the tender listing to the volume on the Product
transfer documents; and
[[Page 199]]
(2) Note whether the product transfer documents evidencing the date
and location of the tender and the compliance model designations for the
tender (VOC-controlled for Region 1 or 2, non VOC-controlled, and simple
or complex model certified).
(f) Reformulated gasoline batches. Select a sample, in accordance
with the guidelines in Sec. 80.127, from the listing of reformulated
gasoline batches obtained in paragraph (d) of this section, and for each
batch selected perform the following:
(1) Agree the volume shown on the listing, to the volume listed in
the corresponding batch report submitted to EPA; and
(2) Obtain the refinery's or importer's laboratory analysis and
agree the properties listed in the corresponding batch report submitted
to EPA, to the properties listed in the laboratory analysis.
(g) RBOB tenders. Select a sample, in accordance with the guidelines
in Sec. 80.127, from the listing of RBOB tenders obtained in paragraph
(c) of this section, and for each tender selected perform the following:
(1) Obtain product transfer documents associated with the tender and
agree the volume on the tender listing to the volume on the product
transfer documents; and
(2) Inspect the product transfer documents evidencing the type and
amount of oxygenate to be added to the RBOB.
(h) RBOB batches. Select a sample, in accordance with the guidelines
in Sec. 80.127, from the listing of RBOB batches obtained in paragraph
(d) of this section, and for each batch selected perform the following:
(1) Obtain from the refiner or importer the oxygenate type and
volume, and oxygen volume required to be hand blended with the RBOB, in
accordance with Sec. 80.69(a)(2).
(2) Agree the volume shown on the listing, as adjusted to reflect
the oxygenate volume determined under paragraph (h)(1) of this section,
to the volume listed in the corresponding batch report submitted to EPA;
and
(3) Obtain the refinery's or importer's laboratory analysis of the
RBOB hand blend and agree:
(i) The oxygenate type and oxygen amount determined under paragraph
(h)(1) of this section, to the tested oxygenate type and oxygen amount
listed in the laboratory analysis within the acceptable ranges set forth
at Sec. 80.65(e)(2)(i); and
(ii) The properties listed in the corresponding batch report
submitted to EPA to the properties listed in the laboratory analysis.
(4) Perform the following procedures for each batch report included
in paragraph (h)(4)(i)(B) of this section:
(i) Obtain and inspect a copy of the executed contract with the
downstream oxygenate blender (or with an intermediate owner), and
confirm that the contract:
(A) Was in effect at the time of the corresponding RBOB transfer;
and
(B) Allowed the company to sample and test the reformulated gasoline
made by the blender.
(ii) Obtain a listing of RBOB blended by downstream oxygenate
blenders and the refinery's or importer's oversight test results, and
select a representative sample, in accordance with the guidelines in
Sec. 80.127, from the listing of test results and for each test
selected perform the following:
(A) Obtain the laboratory analysis for the batch, and agree the type
of oxygenate used and the oxygenate content appearing in the laboratory
analysis to the instructions stated on the product transfer documents
corresponding to a RBOB receipt immediately preceding the laboratory
analysis and used in producing the reformulated gasoline batch selected
within the acceptable ranges set forth at Sec. 80.65(e)(2)(i);
(B) Calculate the frequency of sampling and testing or the volume
blended between the test selected and the next test; and
(C) Agree the frequency of sampling and testing or the volume
blended between the test selected and the next test to the sampling and
testing frequency rates stated in Sec. 80.69(a)(7).
(i) Conventional gasoline and conventional gasoline blendstock
tenders. Select a sample, in accordance with the guidelines in Sec.
80.127, from the listing of the tenders of conventional gasoline and
conventional gasoline blendstock that becomes gasoline through the
addition
[[Page 200]]
of oxygenate only, and for each tender selected perform the following:
(1) Obtain product transfer documents associated with the tender and
agree the volume on the tender listing to the volume on the product
transfer documents; and
(2) Inspect the product transfer documents evidencing that the
information required in Sec. 80.106(a)(1)(vii) is included.
(j) Conventional gasoline batches. Select a sample, in accordance
with the guidelines in Sec. 80.127, from the conventional gasoline
batch listing obtained in paragraph (d) of this section, and for each
batch selected perform the following:
(1) Agree the volume shown on the listing, to the volume listed in
the corresponding batch report submitted to EPA; and
(2) Obtain the refinery's or importer's laboratory analysis and
agree the properties listed in the corresponding batch report submitted
to EPA, to the properties listed in the laboratory analysis.
(k) Conventional gasoline oxygenate blending. Obtain a listing of
each downstream oxygenate blending facility and its blender, as
represented by the refiner/importer, as adding oxygenate used in the
compliance calculations for the refinery or importer, or a written
representation from the refiner for the refinery or importer that it has
not used any downstream oxygenate blending in its conventional gasoline
compliance calculations.
(1) For each downstream oxygenate blender facility, obtain a listing
from the refiner or importer of the batches of oxygenate included in its
compliance calculations added by the downstream oxygenate blender and
foot to the total volume of batches per the listing;
(2) Obtain a listing from the downstream oxygenate blender of the
oxygenate blended with conventional gasoline or sub-octane blendstock
that was produced or imported by the refinery or importer and perform
the following:
(i) Foot to the total volume of the oxygenate batches per the
listing; and
(ii) Agree the total volumes in the listing obtained from the
downstream oxygenate blender, to the listing obtained from the refiner
or importer in paragraph (k)(1) of this section.
(3) Where the downstream oxygenate blender is a person other than
the refiner or importer, as represented by management of the refinery or
importer, perform the following:
(i) Obtain the contract from the refiner or importer with the
downstream blender and inspect the contract evidencing that it covered
the period when oxygenate was blended;
(ii) Obtain company documents evidencing that the refiner or
importer has records reflecting that it conducted physical inspections
of the downstream blending operation during the period oxygenate was
blended;
(iii) Obtain company documents reflecting the refiner or importer
audit over the downstream oxygenate blending operation and note whether
these records evidencing the audit included a review of the overall
volumes and type of oxygenate purchased and used by the oxygenate
blender to be consistent with the oxygenate claimed by the refiner or
importer, and that this oxygenate was blended with the refinery's or
importer's gasoline or blending stock; and
(iv) Obtain a listing of test results for the sampling and testing
conducted by the refiner or importer over the downstream oxygenate
blending operation, and select a sample, in accordance with the
guidelines in Sec. 80.127, from this listing. For each test selected,
agree the tested oxygenate volume with the oxygenate volume in the
listing obtained from the oxygenate blender in paragraph (k)(2) of this
section for this gasoline.
[70 FR 74576, Dec. 15, 2005, as amended at 71 FR 26702, May 8, 2006]
Sec. Sec. 80.134-80.135 [Reserved]
Subpart G_Detergent Gasoline
Source: 59 FR 54706, Nov. 1, 1994, unless otherwise noted.
Sec. 80.140 Definitions.
The definitions in this section apply only to subpart G of this
part. Any terms not defined in this subpart shall have the meaning given
them in 40 CFR part 80, subpart A, or, if not defined in 40 CFR part 80,
subpart A, shall
[[Page 201]]
have the meaning given them in 40 CFR part 79, subpart A.
Additization means the addition of detergent to gasoline or post-
refinery component in order to create detergent-additized gasoline or
detergent-additized post-refinery component.
Automated detergent blending facility means any facility (including,
but not limited to, a truck or individual storage tank) at which
detergent is blended with gasoline or post-refinery component, by means
of an injector system calibrated to automatically deliver a prescribed
amount of detergent.
Base gasoline means any gasoline that does not contain detergent.
Carburetor deposits means the deposits formed in the carburetor
during operation of a carburetted gasoline engine which can disrupt the
ability of the carburetor to maintain the proper air/fuel ratio.
Carrier of detergent means any distributor of detergent who
transports or stores or causes the transportation or storage of
detergent without taking title to or otherwise having any ownership of
the detergent, and without altering either the quality or quantity of
the detergent.
Deposit control effectiveness means the ability of a detergent
additive package to prevent the formation of deposits in gasoline
engines.
Deposit control efficiency means the degree to which a detergent
additive package at a given concentration in gasoline is effective in
limiting the formation of deposits. The addition of inactive ingredients
to a detergent additive package, to the extent that this addition
dilutes the concentration of the detergent-active components, reduces
the deposit control efficiency of the package.
Detergent additive package means any chemical compound or
combination of chemical compounds, including carrier oils, that may be
added to gasoline, or to post-refinery component blended with gasoline,
in order to control deposit formation. Carrier oil means an oil that may
be added to the package to mediate or otherwise enhance the detergent
chemical's ability to control deposits. A detergent additive package may
contain non-detergent-active components such as corrosion inhibitors,
antioxidants, metal deactivators, and handling solvents.
Detergent blender means any person who owns, leases, operates,
controls or supervises the blending operation of a detergent blending
facility, or imports detergent-additized gasoline or detergent-additized
post-refinery component.
Detergent blending facility means any facility (including, but not
limited to, a truck or individual storage tank) at which detergent is
blended with gasoline or post-refinery component.
Detergent-active components means the components of a detergent
additive package which act to prevent the formation of deposits,
including, but not necessarily limited to, the actual detergent chemical
and any carrier oil (if present) that acts to enhance the detergent's
ability to control deposits.
Detergent-additized gasoline (also called detergent gasoline) means
any gasoline that contains base gasoline and detergent.
Detergent-additized post-refinery component means any post-refinery
component that contains detergent.
Distributor of detergent means any person who transports or stores
or causes the transportation or storage of detergent at any point
between its manufacture and its introduction into gasoline.
Fuel injector deposits (also known as port fuel injector deposits or
PFID) means the deposits formed on fuel injector(s) during and after
operation of a gasoline engine, as evaluated by the reduction in the
gasoline flow rate through the fuel injector(s).
Gasoline means any fuel for use in motor vehicles and motor vehicle
engines, including both highway and off-highway vehicles and engines,
and commonly or commercially known or sold as gasoline. The term
``gasoline'' is inclusive of base gasoline, detergent gasoline, and base
gasoline or detergent gasoline that has been commingled with post-
refinery component.
Hand blending detergent facility means any facility (including, but
not limited to, a truck or individual storage tank) at which detergent
is blended with gasoline or post-refinery component by the manual
addition of detergent, or at which detergent is blended with these
[[Page 202]]
substances by any means that is not automated.
Intake valve deposits (IVD) means the deposits formed on the intake
valve(s) during operation of a gasoline engine, as evaluated by weight.
Leaded gasoline means gasoline which is produced with the use of any
lead additive or which contains more than 0.05 gram of lead per gallon
or more than 0.005 gram of phosphorus per gallon.
Manufacturer of detergent means any person who owns, leases,
operates, controls, or supervises a facility that manufactures
detergent. Pursuant to the definition in 40 CFR 79.2(f), a manufacturer
of detergent is also considered an additive manufacturer.
Post-refinery component means any gasoline blending stock or any
oxygenate which is blended with gasoline subsequent to the gasoline
refining process.
Repeatability of a test method means the amount of random error
which is expected to affect the results obtained for a given test
substance, when the test is replicated by a single operator in a given
laboratory within a short period of time, using the same apparatus under
constant operating conditions. Quantitatively, it is the difference
between two such single results that would be exceeded in the long run
in only one out of twenty normal and correct replications of the test
method.
[59 FR 54706, Nov. 1, 1994, as amended at 61 FR 35356, July 5, 1996]
Sec. 80.141 Interim detergent gasoline program.
(a) Effective dates of requirements. (1) Until June 30, 1997, the
products listed in paragraphs (a)(1)(i) through (iii) of this section
must comply with either the interim program requirements described in
this section or the certification program requirements described in
Sec. 80.161. Beginning July 1, 1997, the listed products must comply
with the requirements in Sec. 80.161. These dates and requirements
apply to:
(i) All gasoline sold or transferred to a party who sells or
transfers gasoline to the ultimate consumer;
(ii) All additized post-refinery component (PRC); and
(iii) All detergent additives sold or transferred for use in
gasoline or PRC for compliance with the requirements of this subpart.
(2) Until July 31, 1997, all gasoline sold or transferred to the
ultimate consumer must contain detergent additive(s) meeting either the
interim requirements of this Sec. 80.141 or the certification program
requirements of Sec. 80.161. Beginning August 1, 1997, such gasoline
must contain detergent additive(s) meeting the certification
requirements of Sec. 80.161.
(b) Applicability of gasoline and PRC detergency requirement;
responsible parties. (1) Except as specifically exempted in Sec.
80.160, the detergency requirements of this subpart apply to all
gasoline, whether intended for on-highway or nonroad use, including
conventional, reformulated, oxygenated, and leaded gasolines, as well as
the gasoline component of fuel mixtures of gasoline and alcohol fuels,
gasoline used as marine fuel, gasoline service accumulation fuel (as
described in Sec. 86.113-94(a)(1) of this chapter), the gasoline
component of fuel mixtures of gasoline and methanol used for service
accumulation in flexible fuel vehicles (as described in Sec. 86.113-
94(d) of this chapter), gasoline used for factory fill purposes, and all
additized PRC.
(2) Pursuant to paragraphs (c) through (f) of this section,
compliance with these requirements is the responsibility of parties who
directly or indirectly sell or dispense gasoline to the ultimate
consumer as well as parties who manufacture, supply, or transfer
detergent additives or detergent-additized post-refinery components.
(c) Detergent registration requirements. To be eligible for use by
fuel manufacturers in complying with the gasoline detergency
requirements of this subpart, a detergent additive package must be
registered by its manufacturer under 40 CFR part 79 according to the
specifications in paragraphs (c) (1) through (3) of this section. After
evaluating the adequacy of registration data provided by the detergent
manufacturer pursuant to these requirements, if EPA finds the data to be
deficient, EPA may disqualify the detergent package for use in complying
with the gasoline detergency requirements of this subpart, under the
provisions of paragraph (g) of this section.
[[Page 203]]
(1) Compositional data. The compositional data supplied to EPA by
the additive manufacturer for purpose of registering a detergent
additive package under Sec. 79.21(a) of this chapter must include:
(i) A complete listing of the components of the detergent additive
package, using standard chemical nomenclature when possible or providing
the chemical structure of any component for which the standard chemical
name is not precise. Polymeric components may be reported as the product
of other chemical reactants, provided that the supporting data specified
in Sec. 80.162(b) is also reported for such components.
(ii) The weight and/or volume percent (as applicable) of each
component of the package, with variability in these amounts restricted
according to the provisions of paragraph (c)(2) of this section.
(iii) For each detergent-active component of the package,
classification into one of the following designations:
(A) Polyalkyl amine;
(B) Polyether amine;
(C) Polyalkylsuccinimide;
(D) Polyalkylaminophenol;
(E) Detergent-active carrier oil; and
(F) Other detergent-active component.
(2) Allowable variation in compositional data. (i) A single
detergent additive registration may contain no variation in the identity
of any of the detergent-active components identified pursuant to
paragraph (c)(1)(iii) of this section.
(ii) A single detergent additive registration may specify a range of
concentrations for identified detergent-active components, provided
that, if each such component were present in the detergent additive
package at the lower bound of its reported range of concentration, the
minimum recommended concentration reported in accordance with the
requirements of paragraph (c)(3) of this section would still provide the
deposit control effectiveness claimed by the detergent registrant.
(iii) The identity or concentration of non-detergent-active
components of the detergent additive package may vary under a single
registration, provided that the range of such variation is specified in
the registration, and that such variability does not reduce the deposit
control effectiveness of the additive package as compared with the level
of effectiveness claimed by the detergent registrant pursuant to the
requirements of paragraph (c)(3) of this section.
(iv) Except as provided in paragraph (c)(2)(v) of this section,
detergent additive packages which do not satisfy these restrictions must
be separately registered. EPA may disqualify an additive for use in
satisfying the requirements of this subpart if EPA determines that the
variability included within a given detergent additive registration may
reduce the deposit control effectiveness of the detergent package such
that it could invalidate the minimum recommended concentration reported
in accordance with the requirements of paragraph (c)(3) of this section.
(v) A change in minimum concentration requirements resulting from a
modification of detergent additive composition shall not require a new
detergent additive registration or a change in existing registration if:
(A) The modification is effected by a detergent blender only for its
own use or for the use of parties which are subsidiaries of, or share
common ownership with, the blender, and the modified detergent is not
sold or transferred to other parties; and
(B) The modification is a dilution of the additive for the purpose
of ensuring proper detergent flow in cold weather; and
(C) Gasoline is the only diluting agent used; and
(D) The diluted detergent is subsequently added to gasoline at a
rate that attains the detergent's registered minimum recommended
concentration, taking into account the dilution; and
(E) EPA is notified, either before or within seven days after the
dilution action, of the identity of the detergent, the identity of the
diluting material, the amount or percentage of the dilution, the change
in treat rate necessitated by the dilution, and the locations and time
period of diluted detergent usage. The notification shall be sent or
faxed to the address in Sec. 80.174(c).
[[Page 204]]
(3) Minimum recommended concentration. (i) The lower boundary of the
recommended range of concentration for the detergent additive package in
gasoline, which the additive manufacturer must report pursuant to the
registration requirements in Sec. 79.21(d) of this chapter, must equal
or exceed the minimum concentration which the manufacturer has
determined to be necessary for the control of deposits in the associated
fuel type, pursuant to paragraph (e) of this section. The minimum
recommended concentration shall be provided to EPA in units of gallons
of detergent additive package per thousand gallons of gasoline or PRC,
reported to four digits. This concentration is the lowest additive
concentration (LAC) referred to elsewhere in this subpart.
(ii) The minimum concentration reported in the detergent
registration according to the provisions of paragraph (c)(3)(i) of this
section must also be communicated in writing by the additive
manufacturer to each fuel manufacturer who purchases the subject
detergent for purpose of compliance with the gasoline detergency
requirements of this subpart, and to any additive manufacturer who
purchases the subject additive with the intent of reselling it to a fuel
manufacturer for this purpose.
(iii) Pursuant to the requirements of paragraph (e) of this section,
EPA may require the additive manufacturer to submit data to support the
deposit control effectiveness of the detergent package at the specified
minimum effective concentration. EPA may disqualify an additive for use
in satisfying the requirements of this subpart upon finding that the
supporting data is inadequate. Manufacturers may be subject to the
liabilities and enforcement actions in Sec. Sec. 80.156 and 80.159 if
such a finding is made.
(iv) Once included in the registration for a detergent additive
package, the minimum concentration recommended by the detergent
manufacturer to detergent blenders and other users of the detergent
additive, pursuant to paragraph (c)(3)(ii) of this section, may not be
changed without first notifying EPA. The notification must be sent by
certified mail to the address specified in Sec. 80.174(b). Changes to
the minimum recommended concentration must be supported by available
test data pursuant to paragraph (c)(3)(iii) of this section.
(v) A manufacturer may use a single set of test data to demonstrate
the deposit control effectiveness of more than one registered detergent
additive product, provided that:
(A) The additive products contain all of the same detergent-active
components and no detergent-active components other than those contained
in common; and
(B) The minimum concentration recommended for the use of each such
additive product is specified such that, when each additive product is
mixed in gasoline at the recommended concentration, each of its
detergent-active components will be present at a final concentration no
less than the lowest concentration for that component shown to be
effective by the data available for the tested additive product.
(d) The rate at which a detergent blender treats gasoline with a
detergent additive package must be no less than the minimum recommended
concentration reported for the subject detergent additive pursuant to
paragraph (c)(3) of this section, except under the following conditions:
(1) If a detergent blender believes that the minimum treat rate
recommended by the manufacturer of a detergent additive exceeds the
amount of detergent actually required for effective deposit control, and
possesses substantiating data consistent with the guidelines in
paragraph (e) of this section, then, upon informing EPA in writing of
these circumstances, the detergent blender may use the detergent at a
lower concentration.
(2) The notification to EPA must clearly specify the name of the
detergent product and its manufacturer, the concentration recommended by
the detergent manufacturer, and the lower concentration which the
detergent blender intends to use. The notification must also attest that
data are available to substantiate the deposit control effectiveness of
the detergent at the intended lower concentration. The notification must
be sent by certified mail to the address specified in Sec. 80.174(b).
[[Page 205]]
(3) At its discretion, EPA may require that the detergent blender
submit the test data purported to substantiate the claimed effectiveness
of the lower concentration of the detergent additive. EPA may also
require the manufacturer of the subject detergent additive to submit
test data substantiating the minimum recommended concentration specified
in the detergent additive registration. In either case, EPA will send a
letter to the appropriate party, and the supporting data will be due to
EPA within 30 days of receipt of EPA's letter.
(i) If the detergent blender fails to submit the required supporting
data to EPA in the allotted time period, or if EPA judges the submitted
data to be inadequate to support the detergent blender's claim that the
lower concentration provides a level of deposit control consistent with
the requirements of this section, then EPA will disapprove the use of
the detergent at the lower concentration. Further, the detergent blender
may be subject to applicable liabilities and penalties pursuant to
Sec. Sec. 80.156 and 80.159 for any gasoline or PRC it has additized at
the lower concentration.
(ii) If the detergent manufacturer fails to submit the required test
data to EPA within the allotted time period, EPA will proceed on the
assumption that data are not available to substantiate the minimum
recommended concentration specified in the detergent registration, and
the subject additive may be disqualified for use in complying with the
requirements of this subpart, pursuant to the procedures in paragraph
(g) of this section. The detergent manufacturer may also be subject to
applicable liabilities and penalties pursuant to Sec. Sec. 80.156 and
80.159.
(iii) If both parties submit the required information, EPA will
evaluate the quality and results of both sets of test data in relation
to each other and to industry-consensus test practices and standards, in
a manner consistent with the guidelines described in paragraph (e) of
this section. EPA will approve or disapprove the use of the detergent at
the lower concentration, and will inform both the detergent blender and
the detergent manufacturer of the results of its analysis within 60 days
of receipt of both sets of data.
(e) Demonstration of deposit control efficiency. At its discretion,
EPA may require a detergent additive registrant to provide test data to
support the deposit control effectiveness of a detergent at the minimum
concentration recommended, pursuant to paragraph (c)(3) of this section
and Sec. 79.21(d) of this chapter. The required supporting data must be
submitted to EPA within 30 days of receipt of EPA's request. EPA will
notify the submitter, within 60 days after receiving the supporting
data, whether the data is adequate to support the deposit control
efficiency claimed. Subject to the procedures specified in paragraph (g)
of this section, if the supporting data are not submitted or if EPA
finds the data insufficient, the detergent may be disqualified for use
by fuel manufacturers in complying with the requirements of this
subpart. EPA will use the following guidelines in determining the
adequacy of the supporting data:
(1) CARB-based supporting test data. For detergent additives which
are certified by the California Air Resources Board (CARB) for use in
the State of California (pursuant to Title 13, section 2257 of the
California Code of Regulations), the CARB certification data constitutes
adequate support of the detergent's effectiveness under this section,
with the exception that CARB detergent certification data specific to
California Phase II reformulated gasoline (pursuant to Title 13, Chapter
5, Article 1, Subarticle 2, California Code of Regulations, Standards
for Gasoline Sold Beginning March 1, 1996) will not be considered
adequate support for detergent effectiveness in gasolines that do not
conform to the compositional specifications for California's Phase II
reformulated gasoline. For CARB-based supporting data to be used to
demonstrate detergent performance, the minimum recommended concentration
reported in the detergent additive registration must be no less than the
concentration of the detergent-active components reported in the subject
CARB detergent certification.
(2) EPA will evaluate the adequacy of other supporting data
according to the following guidelines:
[[Page 206]]
(i) Test fuel guidelines.
(A) The gasoline used in the supporting tests must contain the
detergent-active components of the subject detergent additive package in
an amount which corresponds to the minimum recommended concentrations
recorded in the respective detergent registration, or less than this
amount.
(B) The test fuels must not contain any detergent-active components
other than those recorded in the subject detergent registration.
(C) The test fuels used must be reasonably typical of in-use fuels
in their tendency to form deposits. Test fuel taken directly from
commercial refinery production stock is acceptable. Specially refined
low-deposit-forming fuels such as indolene are not acceptable. Other
specially blended test fuels will be evaluated by EPA for acceptability
based on the extent to which such fuels adequately represent the
deposit-forming tendency of typical (average) in-use fuels, as reflected
in the levels of the following fuel parameters: sulfur content, aromatic
content, olefin content, T-90, and oxygenate content.
(D) The composition of the blended test fuel(s) used in carburetor
deposit control testing, conducted to support the claimed effectiveness
of detergents used in leaded gasoline, should be reasonably typical of
in-use gasoline in its tendency to form carburetor deposits (or more
severe than typical in-use fuels) as defined by the olefin and sulfur
content. Test data using leaded fuels is preferred for this purpose, but
data collected using unleaded fuels may also be acceptable provided that
some correlation with additive performance in leaded fuels is available.
(ii) Test procedure guidelines.
(A) To be acceptable, test data submitted to support the deposit
control effectiveness of a detergent additive must derive from testing
conducted in conformity with good engineering practices.
(B) For demonstration of fuel injector and intake valve deposit
control performance, the tests specified in Sec. Sec. 80.165, or other
vehicle-based tests using generally accepted industry procedures and
standards, are preferred. Engine-based tests may also be acceptable,
assuming a reasonable correlation with vehicle-based tests and standards
can be demonstrated. Bench test data may be acceptable to demonstrate
fuel injector deposit control performance, assuming the results can be
correlated with vehicle- or engine-based tests and standards. Bench
testing will not be considered acceptable for demonstration of IVD
control performance. Examples of acceptable test procedures are
contained in the following references:
(1) Intake Valve Deposit Test Procedures:
(i) ``Intake Valve Deposits--Fuel Detergency Requirements
Revisited'', Bill Bitting et al., Society of Automotive Engineers, SAE
Technical Paper No. 872117, 1987. \1\
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\1\ Society of Automotive Engineers (SAE), 400 Commonwealth Drive,
Warrendale, PA 15096-0001.
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(ii) ``BMW--10,000 Miles Intake Valve Test Procedure'', March 1,
1991, Section 2257, Title 13, California Code of Regulations.
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\2\ [Reserved]
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(iii) [Reserved]
(iv) ``Effect on Intake Valve Deposits of Ethanol and Additives
Common to the Available Ethanol Supply'', Clifford Shilbolm et al., SAE
Technical Paper Series No. 902109, 1990.
(2) Fuel Injector Deposit Test Procedures:
(i) ``Test Method for Evaluating Port Fuel Injector (PFI) Deposits
in Vehicle Engines'', March 1, 1991, Section 2257, Title 13, California
Code of Regulations.
(ii) ``A Vehicle Test Technique for Studying Port Fuel Injector
Deposits--A Coordinating Research Council Program'', Robert Tupa et al.,
SAE Technical paper No. 890213, 1989.
(iii) ``The Effects of Fuel Composition and Additives on Multiport
Fuel Injector Deposits'', Jack Benson et al., SAE Technical Paper Series
No. 861533, 1986.
(iv) ``Injector Deposits--The Tip of Intake System Deposit
Problems'', Brian Taneguchi, et al., SAE Technical Paper Series No.
861534, 1986.
(C) For demonstration of carburetor deposit control performance, any
generally accepted vehicle, engine, or
[[Page 207]]
bench test procedure for carburetor deposit control will be considered
adequate. Port and throttle body fuel injector deposit control test data
will also be considered to be adequate demonstration of an additive's
ability to control carburetor deposits. Examples of acceptable test
procedures for demonstration of carburetor deposit control, in addition
to the fuel injector test procedures listed above in paragraph
(e)(2)(ii)(B)(2) of this section, are contained in the following
references:
(1) ``Fuel Injector, Intake Valve, and Carburetor Detergency
Performance of Gasoline Additives'', C.H. Jewitt et al., SAE Technical
Paper No. 872114, 1987.
(2) ``Carburetor Cleanliness Test Procedure, State-of-the-Art
Summary, Report: 1973-1981'', Coordinating Research Council, CRC Report
No. 529. \3\
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\3\ Coordinating Research Council Inc. (CRC), 219 perimeter Center
Parking, Atlanta, Georgia, 30346.
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(f) Detergent identification test procedure. (1) At its discretion,
EPA may require the additive registrant to submit an analytical
procedure capable of identifying the detergent additive in its pure
state. The test procedure will be due to EPA within 30 days of the
registrant's receipt of the request. Subject to the provisions in
paragraph (g) of this section, if the registrant fails to submit an
analytical procedure, or if EPA judges a submitted procedure to be
inadequate, EPA may deny or withdraw the detergent's eligibility to be
used to satisfy the detergency requirements in this section.
(2) The analytical procedure submitted by the registrant must be
able to both qualitatively and quantitatively identify each component of
the detergent additive package. To be acceptable, the procedure must
provide results that conform to reasonable and customary standards of
repeatability and reproducibility, and reasonable and customary limits
of detection and accuracy, for the type of test in question.
(3) A fourier transform infrared spectroscopy (FTIR)-based
procedure, including an actual infrared spectrum of the detergent
additive package and each component part of the detergent package
obtained from this test method, is preferred.
(g) Disqualification of a detergent additive package. (1) When EPA
makes a preliminary determination that a detergent additive registrant
has failed to comply with the requirements of paragraph (c), (d)(3)(ii),
(e), or (f) of this section, either by failing to submit required
information for a subject detergent additive or by submitting
information which EPA deems inadequate, EPA shall notify the additive
registrant by certified mail, return receipt requested, setting forth
the basis for that determination and informing the registrant that the
detergent may lose its eligibility to be used to comply with the
detergency requirements of this section.
(2) If EPA determines that the detergent registration was created by
fraud or other misconduct, such as a negligent disregard for the
truthfulness or accuracy of the required information or of the
application, the detergent registration will be considered void ab
initio and the revocation of qualification will be retroactive to
January 1, 1995 or the date on which the additive product was first
registered, whichever is later.
(3) The registrant will be afforded 60 days from the date of receipt
of the notice of intent of detergent disqualification to submit written
comments concerning the notice, and to demonstrate or achieve compliance
with the specific data requirements which provide the basis for the
proposed disqualification. If the registrant does not respond in writing
within 60 days from the date of receipt of the notice of intent of
disqualification, the detergent disqualification shall become final by
operation of law and the Administrator shall notify the registrant of
such disqualification. If the registrant responds in writing within 60
days from the date of receipt of the notice of intent to disqualify, the
Administrator shall review and consider all comments submitted by the
registrant before taking final action concerning the proposed
disqualification. All correspondence regarding a disqualification must
be sent to the address specified in Sec. 80.174(b).
[[Page 208]]
(4) As part of a written response to a notice of intent to
disqualify, a registrant may request an informal hearing concerning the
notice. Any such request shall state with specificity the information
the registrant wishes to present at such a hearing. If an informal
hearing is requested, EPA shall schedule such a hearing within 90 days
from the date of receipt of the request. If an informal hearing is held,
the subject matter of the hearing shall be confined solely to whether or
not the registrant has complied with the specific data requirements
which provide the basis for the proposed disqualification. If an
informal hearing is held, the designated presiding officer may be any
EPA employee, the hearing procedures shall be informal, and the hearing
shall not be subject to or governed by 40 CFR part 22 or by 5 U.S.C.
554, 556, or 557. A verbatim transcript of each informal hearing shall
be kept and the Administrator shall consider all relevant evidence and
arguments presented at the hearing in making a final decision concerning
a proposed cancellation.
(5) If a registrant who has received a notice of intent to
disqualify submits a timely written response, and the Administrator
decides after reviewing the response and the transcript of any informal
hearing to disqualify the detergent for use in complying with the
requirements of this subpart, the Administrator shall issue a final
disqualification order, forward a copy of the disqualification order to
the registrant by certified mail, and promptly publish the
disqualification order in the Federal Register. Any disqualification
order issued after receipt of a timely written response by the
registrant shall become legally effective five days after it is
published in the Federal Register.
(6) Upon making a final decision to disqualify a detergent additive
package pursuant to this paragraph (g), EPA shall inform all fuel
manufacturers and secondary additive manufacturers whose product
registrations report the potential use of the disqualified detergent
that such detergent is no longer eligible for compliance with the
requirements of this subpart. Such fuel manufacturers and secondary
additive manufacturers shall have 45 days in which to stop using the
ineligible detergent additive package and substitute an eligible
detergent additive. When applicable, EPA shall also notify such parties
that the detergent registration had been created by fraud or other
misconduct, pursuant to paragraph (g)(2) of this section.
[59 FR 54706, Nov. 1, 1994, as amended at 61 FR 35356, July 5, 1996; 61
FR 58747, Nov. 18, 1996]
Sec. Sec. 80.142-80.154 [Reserved]
Sec. 80.155 Interim detergent program controls and prohibitions.
(a)(1) No person shall sell, offer for sale, dispense, supply, offer
for supply, transport, or cause the transportation of gasoline to the
ultimate consumer for use in motor vehicles or in any off-road engines
(except as provided in Sec. 80.160), or to a gasoline retailer or
wholesale purchaser-consumer, and no person shall detergent-additize
gasoline, unless such gasoline is additized in conformity with the
requirements of Sec. 80.141. No person shall cause the presence of any
gasoline in the gasoline distribution system unless such gasoline is
additized in conformity with the requirements of Sec. 80.141.
(2) Gasoline has been additized in conformity with the requirements
of Sec. 80.141 when the detergent component satisfies the requirements
of Sec. 80.141 and when:
(i) The gasoline has been additized in conformity with the detergent
composition and purpose-in-use specifications of an applicable detergent
registered under 40 CFR part 79, and in accordance with at least the
minimum concentration specifications of that detergent as registered
under 40 CFR part 79 or as otherwise provided under Sec. 80.141(d); or
(ii) The gasoline is composed of two or more commingled gasolines
and each component gasoline has been additized in conformity with the
detergent composition and purpose-in-use specifications of a detergent
registered under 40 CFR part 79, and in accordance with at least the
minimum concentration specifications of that detergent as registered
under 40 CFR part 79
[[Page 209]]
or as otherwise provided under Sec. 80.141(d); or
(iii) The gasoline is composed of a gasoline commingled with a post-
refinery component (PRC), and both of these components have been
additized in conformity with the detergent composition and use
specifications of a detergent registered under 40 CFR part 79, and in
accordance with at least the minimum concentration specifications of
that detergent as registered under 40 CFR part 79 or as otherwise
provided under Sec. 80.141(d).
(b) No person shall blend detergent into gasoline or PRC unless such
person complies with the volumetric additive reconciliation requirements
of Sec. 80.157.
(c) No person shall sell, offer for sale, dispense, supply, offer
for supply, store, transport, or cause the transportation of any
gasoline, detergent, or detergent-additized PRC unless the product
transfer document for the gasoline, detergent or detergent-additized PRC
complies with the requirements of Sec. 80.158.
(d) No person shall refine, import, manufacture, sell, offer for
sale, dispense, supply, offer for supply, store, transport, or cause the
transportation of any detergent that is to be used as a component of
detergent-additized gasoline or detergent-additized PRC, unless such
detergent conforms with the composition specifications of a detergent
registered under 40 CFR part 79 and the detergent otherwise complies
with the requirements of Sec. 80.141. No person shall cause the
presence of any detergent in the detergent, PRC, or gasoline
distribution systems unless such detergent complies with the
requirements of Sec. 80.141.
(e)(1) No person shall sell, offer for sale, dispense, supply, offer
for supply, transport, or cause the transportation of detergent-
additized PRC, unless the PRC has been additized in conformity with the
requirements of Sec. 80.141. No person shall cause the presence in the
PRC or gasoline distribution systems of any detergent-additized PRC that
fails to conform to the requirements of Sec. 80.141.
(2) PRC has been additized in conformity with the requirements of
Sec. 80.141 when the detergent component satisfies the requirements of
Sec. 80.141 and:
(i) The PRC has been additized in accordance with the detergent
composition and use specifications of a detergent registered under 40
CFR part 79, and in accordance with at least the minimum concentration
specifications of that detergent as registered under 40 CFR part 79 or
as otherwise provided under Sec. 80.141(d); or
(ii) The PRC is composed of two or more commingled PRCs, and each
component has been additized in accordance with the detergent
composition and use specifications of a detergent registered under 49
CFR part 79, and in accordance with at least the minimum concentration
specifications of that detergent as registered under 40 CFR part 79 or
as otherwise provided under Sec. 80.141(d).
[61 FR 35358, July 5, 1996]
Sec. 80.156 Liability for violations of the interim detergent
program controls and prohibitions.
(a) Persons liable--(1) Gasoline non-conformity. Where gasoline
contained in any storage tank at any facility owned, leased, operated,
controlled or supervised by any gasoline refiner, importer, carrier,
distributor, reseller, retailer, wholesale purchaser-consumer, oxygenate
blender, or detergent blender, is found in violation of any of the
prohibitions specified in Sec. 80.155(a), the following persons shall
be deemed in violation:
(i) Each gasoline refiner, importer, carrier, distributor, reseller,
retailer, wholesale purchaser-consumer, oxygenate blender, or detergent
blender, who owns, leases, operates, controls or supervises the facility
(including, but not limited to, a truck or individual storage tank)
where the violation is found;
(ii) Each gasoline refiner, importer, distributor, reseller,
retailer, wholesale purchaser-consumer, oxygenate blender, detergent
manufacturer, distributor, or blender, who refined, imported,
manufactured, sold, offered for sale, dispensed, supplied, offered for
supply, stored, detergent additized, transported, or caused the
transportation of the detergent-additized gasoline (or the base gasoline
component,
[[Page 210]]
the detergent component, or the detergent-additized post-refinery
component of the gasoline) that is in violation, and each such party
that caused the gasoline that is in violation to be present in the
gasoline distribution system; and
(iii) Each gasoline carrier who dispensed, supplied, stored, or
transported any gasoline in the storage tank containing gasoline found
to be in violation, and each detergent carrier who dispensed, supplied,
stored, or transported the detergent component of any post-refinery
component or gasoline in the storage tank containing gasoline found to
be in violation, provided that the EPA demonstrates, by reasonably
specific showings by direct or circumstantial evidence, that the
gasoline or detergent carrier caused the violation.
(2) Post-refinery component non-conformity. Where detergent-
additized PRC contained in any storage tank at any facility owned,
leased, operated, controlled or supervised by any gasoline refiner,
importer, carrier, distributor, reseller, retailer, wholesale purchaser-
consumer, oxygenate blender, detergent manufacturer, carrier,
distributor, or blender, is found in violation of the prohibitions
specified in Sec. 80.155(e), the following persons shall be deemed in
violation:
(i) Each gasoline refiner, importer, carrier, distributor, reseller,
retailer, wholesale-purchaser consumer, oxygenate blender, detergent
manufacturer, carrier, distributor, or blender, who owns, leases,
operates, controls or supervises the facility (including, but not
limited to, a truck or individual storage tank) where the violation is
found;
(ii) Each gasoline refiner, importer, distributor, reseller,
retailer, wholesale-purchaser consumer, oxygenate blender, detergent
manufacturer, distributor, or blender, who sold, offered for sale,
dispensed, supplied, offered for supply, stored, detergent additized,
transported, or caused the transportation of the detergent-additized PRC
(or the detergent component of the PRC) that is in violation, and each
such party that caused the PRC that is in violation to be present in the
PRC or gasoline distribution systems; and
(iii) Each carrier who dispensed, supplied, stored, or transported
any detergent-additized post-refinery component in the storage tank
containing post-refinery component in violation, and each detergent
carrier who dispensed, supplied, stored, or transported the detergent
component of any detergent-additized post-refinery component which is in
the storage tank containing detergent-additized post-refinery component
found to be in violation, provided that the EPA demonstrates by
reasonably specific showings by direct or circumstantial evidence, that
the gasoline or detergent carrier caused the violation.
(3) Detergent non-conformity. Where the detergent (prior to
additization) contained in any storage tank or container found at any
facility owned, leased, operated, controlled or supervised by any
gasoline refiner, importer, carrier, distributor, reseller, retailer,
wholesale purchaser-consumer, oxygenate blender, detergent manufacturer,
carrier, distributor, or blender, is found in violation of the
prohibitions specified in Sec. 80.155(d), the following persons shall
be deemed in violation:
(i) Each gasoline refiner, importer, carrier, distributor, reseller,
retailer, wholesale-purchaser consumer, oxygenate blender, detergent
manufacturer, carrier, distributor, or blender, who owns, leases,
operates, controls or supervises the facility (including, but not
limited to, a truck or individual storage tank) where the violation is
found;
(ii) Each gasoline refiner, importer, distributor, reseller,
retailer, wholesale purchaser-consumer, oxygenate blender, detergent
manufacturer, distributor, or blender, who sold, offered for sale,
dispensed, supplied, offered for supply, stored, transported, or caused
the transportation of the detergent that is in violation, and each such
party that caused the detergent that is in violation to be present in
the detergent, gasoline, or PRC distribution systems; and
(iii) Each gasoline or detergent carrier who dispensed, supplied,
stored, or transported any detergent which is in the storage tank or
container containing detergent found to be in violation, providing that
EPA demonstrates, by reasonably specific
[[Page 211]]
showings by direct or circumstantial evidence, that the gasoline or
detergent carrier caused the violation.
(4) Volumetric additive reconciliation. Where a violation of the
volumetric additive reconciliation requirements established by Sec.
80.155(b) has occurred, the following persons shall be deemed in
violation:
(i) Each detergent blender who owns, leases, operates, controls or
supervises the facility (including, but not limited to, a truck or
individual storage tank) where the violation has occurred; and
(ii) Each gasoline refiner, importer, carrier, distributor,
reseller, retailer, wholesale purchaser-consumer, or oxygenate blender,
and each detergent manufacturer, carrier, distributor, or blender, who
refined, imported, manufactured, sold, offered for sale, dispensed,
supplied, offered for supply, stored, transported, or caused the
transportation of the detergent-additized gasoline, the base gasoline
component, the detergent component, or the detergent-additized post-
refinery component, of the gasoline that is in violation, provided that
the EPA demonstrates, by reasonably specific showings by direct or
circumstantial evidence, that such person caused the violation.
(5) Product transfer document. Where a violation of Sec. 80.155(c)
is found at a facility owned, leased, operated, controlled, or
supervised by any gasoline refiner, importer, carrier, distributor,
reseller, retailer, wholesale purchaser-consumer, oxygenate blender,
detergent manufacturer, carrier, distributor, or blender, the following
persons shall be deemed in violation: each gasoline refiner, importer,
carrier, distributor, reseller, retailer, wholesale-purchaser consumer,
oxygenate blender, detergent manufacturer, carrier, distributor, or
blender, who owns, leases, operates, control or supervises the facility
(including, but not limited to, a truck or individual storage tank)
where the violation is found.
(b) Branded refiner vicarious liability. Where any violation of the
prohibitions specified in Sec. 80.155 has occurred, with the exception
of violations of Sec. 80.155(c), a refiner will also be deemed liable
for violations occurring at a facility operating under such refiner's
corporate, trade, or brand name or that of any of its marketing
subsidiaries. For purposes of this section, the word facility includes,
but is not limited to, a truck or individual storage tank.
(c) Defenses. (1) In any case in which a gasoline refiner, importer,
distributor, carrier, reseller, retailer, wholesale-purchaser consumer,
oxygenate blender, detergent distributor, carrier, or blender, is in
violation of any of the prohibitions of Sec. 80.155, pursuant to
paragraphs (a) or (b) of this section as applicable, the regulated party
shall be deemed not in violation if it can demonstrate:
(i) That the violation was not caused by the regulated party or its
employee or agent (unless otherwise provided in this paragraph (c));
(ii) That product transfer documents account for the gasoline,
detergent, or detergent-additized post-refinery component in violation
and indicate that the gasoline, detergent, or detergent-additized post-
refinery component satisfied relevant requirements when it left their
control; and
(iii) That the party has fulfilled the requirements of paragraphs
(c) (2) or (3) of this section, as applicable.
(2) Branded refiner. (i) Where a branded refiner, pursuant to
paragraph (b) of this section, is in violation of any of the
prohibitions of Sec. 80.155 as a result of violations occurring at a
facility (including, but not limited to, a truck or individual storage
tank) which is operating under the corporate, trade or brand name of a
refiner or that of any of its marketing subsidiaries, the refiner shall
be deemed not in violation if it can demonstrate, in addition to the
defense requirements stated in paragraph (c)(1) of this section, that
the violation was caused by:
(A) An act in violation of law (other than these regulations), or an
act of sabotage or vandalism, whether or not such acts are violations of
law in the jurisdiction where the violation of the prohibitions of Sec.
80.155 occurred; or
(B) The action of any gasoline refiner, importer, reseller,
distributor, oxygenate blender, detergent manufacturer, distributor,
blender, or retailer
[[Page 212]]
or wholesale purchaser-consumer supplied by any of these persons, in
violation of a contractual undertaking imposed by the refiner designed
to prevent such action, and despite the implementation of an oversight
program, including, but not limited to, periodic review of product
transfer documents by the refiner to ensure compliance with such
contractual obligation; or
(C) The action of any gasoline or detergent carrier, or other
gasoline or detergent distributor not subject to a contract with the
refiner but engaged by the refiner for transportation of gasoline, post-
refinery component, or detergent, to a gasoline or detergent
distributor, oxygenate blender, detergent blender, gasoline retailer or
wholesale purchaser consumer, despite specification or inspection of
procedures or equipment by the refiner which are reasonably calculated
to prevent such action.
(ii) In this paragraph (c)(2), to show that the violation ``was
caused'' by any of the specified actions, the party must demonstrate by
reasonably specific showings, by direct or circumstantial evidence, that
the violation was caused or must have been caused by another.
(3) Detergent blender. In any case in which a detergent blender is
liable for violating any of the prohibitions of Sec. 80.155, the
detergent blender shall not be deemed in violation if it can
demonstrate, in addition to the defense requirements stated in paragraph
(c)(1) of this section, the following:
(i) That it obtained or supplied, as appropriate, prior to the
detergent blending, accurate written instructions from the detergent
manufacturer or other party with knowledge of such instructions,
specifying the detergent's minimum recommended concentration (lowest
additive concentration) pursuant to Sec. 80.141(c)(3) and, if
applicable, the limitations of this concentration for use in leaded
product.
(ii) That it has implemented a quality assurance program that
includes, but is not limited to, a periodic review of its supporting
product transfer and volume measurement documents to confirm the
correctness of its product transfer and volumetric additive
reconciliation documents created for all products it additized.
(4) Detergent manufacturer--(i) Presumptive liability affirmative
defense. Notwithstanding the provisions of paragraph (c)(1) of this
section, in any case in which a detergent manufacturer is liable for
violating any of the prohibitions of Sec. 80.155, the detergent
manufacturer shall be deemed not in violation if it can demonstrate each
of the following:
(A) Product transfer documents which account for the detergent
component of the product in violation and which indicate that such
detergent satisfied all relevant requirements when it left the detergent
manufacturer's control; and
(B) Written blending instructions which, pursuant to Sec.
80.141(c)(3)(ii), were supplied by the detergent manufacturer to its
customer who purchased or obtained from the manufacturer the detergent
component of the product determined to be in violation. The written
blending instructions must have been supplied by the manufacturer prior
to the customer's use or sale of the detergent. The instructions must
accurately identify the minimum recommended concentration (lowest
additive concentration) specified in the detergent's 40 CFR part 79
registration, and must also accurately identify if the detergent, at
that concentration, is only registered as effective for use in leaded
gasoline.
(C) If the detergent batch used in the noncomplying product was
produced less than one year before the manufacturer was notified by EPA
of the possible violation, then the manufacturer must provide FTIR or
other test results for the batch of detergent used in the noncomplying
product, performed in accordance with the detergent testing procedure
submitted by the manufacturer, or available for submission, pursuant to
Sec. 80.141(f).
(1) The analysis may have been conducted on the subject detergent
batch at the time it was manufactured, or may be conducted on a sample
of that batch which the manufacturer retained for such purpose at the
time the batch was manufactured.
(2) The test results must accurately establish that, when it left
the manufacturer's control, the detergent component of the product
determined to be
[[Page 213]]
in violation was in conformity with the chemical composition and
concentration specifications reported pursuant to Sec. 80.141(c)(1);
(D) If the detergent batch used in the noncomplying product was
produced more than one year prior to the manufacturer's notification by
EPA of the possible violation, then the manufacturer must provide
either:
(1) Test results for the batch in question as specified in the
paragraph (c)(4)(i)(C) of this section; or
(2) The following materials:
(i) Documentation of the measured viscosity, density, and basic
nitrogen content of the detergent batch in question, or any other such
physical parameters which the manufacturer normally uses to ensure
production quality control, which establishes conformity with the
manufacturer's quality control standards for such parameters; and
(ii) If the detergent registration identifies polymeric component(s)
of the detergent package as the product(s) of other chemical reactants,
documentation that the reagents used to synthesize the detergent batch
in question were the same as those specified in the registration and
that they met the manufacturer's normal acceptance criteria for such
reagents, reported pursuant to Sec. 80.162(b)(1).
(ii) Detergent manufacturer causation liability. In any case in
which a detergent manufacturer is liable for a violation of Sec.
80.155, and the manufacturer establishes an affirmative defense to such
liability pursuant to paragraph (c)(4)(i) of this section, the detergent
manufacturer will nonetheless be deemed liable for the violation of
Sec. 80.155 if EPA can demonstrate, by reasonably specific showings by
direct or circumstantial evidence, that the detergent manufacturer
caused the violation.
(5) Defense against liability where more than one party may be
liable for VAR violations. In any case in which a party is presumptively
or vicariously liable for a violation of Sec. 80.155 due to a failure
to meet the VAR requirements Sec. 80.157, except for the VAR record
requirements pursuant to Sec. 80.157(g), such party shall not be deemed
liable if it can establish the following:
(i) Prior to the violation it had entered into a written contract
with another potentially liable detergent blender party (``the assuming
party''), under which that other party assumed legal responsibility for
fulfilling the VAR requirement that had been violated;
(ii) The contract included reasonable oversight provisions to ensure
that the assuming party fulfilled its VAR responsibilities (including,
but not limited to, periodic review of VAR records) and the oversight
provision was actually implemented by the party raising the defense;
(iii) The assuming party is fiscally sound and able to pay its
penalty for the VAR violation; and
(iv) The employees or agents of the party raising the defense did
not cause the violation.
(6) Defense to liability for gasoline non-conformity violations
caused solely by the addition of misadditized ethanol or other PRC to
the gasoline. In any case in which a party is presumptively or
vicariously liable for a gasoline non-conformity violation of Sec.
80.155(a) caused solely by another party's addition of misadditized
ethanol or other PRC to the gasoline, the former party shall not be
deemed liable for the violation provided that it can establish that is
has fulfilled the requirements of paragraphs (c)(1)(i) and (ii) of this
section.
(7) Detergent tank transitioning defenses. The commingling of two
detergents in the same detergent storage tank will not be deemed to
violate or cause violations of any of the provisions of this subpart,
provided the following conditions are met:
(i) The commingling must occur during a legitimate detergent
transitioning event, i.e., a shift from the use of one detergent to
another through the delivery of the new detergent into the same tank
that contains the original detergent; and
(ii) If the new detergent is restricted to use in leaded gasoline,
then such restriction must be applied to the combined detergents; and
(iii) The commingling event must be documented, either on the VAR
formula record or on attached supporting records; and
[[Page 214]]
(iv) Notwithstanding any contrary provisions in Sec. 80.157, a VAR
formula record must be created for the combined detergents. The VAR
compliance period must begin no later than the time of the commingling
event. However, at the blender's option, the compliance period may begin
earlier, thus including use of the uncombined original detergent within
the same period, provided that the 31-day limitation pursuant to Sec.
80.157(a)(6) is not exceeded; and
(v) The VAR formula record must also satisfy the requirements in one
of the following paragraphs (c)(7)(v)(A) through (C) of this section,
whichever applies to the commingling event. If neither paragraph
(c)(7)(v)(A) nor (B) of this section initially applies, then the blender
may drain and subsequently redeliver the original detergent into the
tank in restricted amounts, in order to meet the conditions of paragraph
(c)(7)(v)(A) or (B) of this section. Otherwise, the blender must comply
with paragraph (c)(7)(v)(C) of this section.
(A) If both detergents have the same LAC, and the original detergent
accounts for no more than 20 percent of the tank's total delivered
volume after addition of the new detergent, then the VAR formula record
is required to identify only the use of the new detergent.
(B) If the two detergents have different LACs and the original
detergent accounts for 10 percent or less of the tank's total delivered
volume after addition of the new detergent, then the VAR formula record
is required to identify only the use of the new detergent, and must
attain the LAC of the new detergent. If the original detergent's LAC is
greater than that of the new detergent, then the compliance period may
begin earlier than the date of the commingling event (pursuant to
paragraph (c)(7)(iv) of this section) only if the original detergent
does not exceed 10 percent of the total detergent used during the
compliance period.
(C) If neither of the preceding paragraphs (c)(7)(v)(A) or (B) of
this section applies, then the VAR formula record must identify both of
the commingled detergents, and must use and attain the higher LAC of the
two detergents. Once the commingled detergent has been depleted by an
amount equal to the volume of the original detergent in the tank at the
time the new detergent was added, subsequent VAR formula records must
identify and use the LAC of only the new detergent.
(8) Defense to liability for noncompliance with leaded-only use
restrictions. A party shall not be deemed liable for violations of Sec.
80.155(a) or (e) caused solely by the additization or use of gasoline or
PRC in violation of leaded-only use restrictions, provided that the
conditions specified in Sec. 80.169(c)(9) are met.
(d) Detergent manufacturer causation liability. In any case in which
a detergent manufacturer is liable for a violation of Sec. 80.155
pursuant to paragraph (a) of this section, and the manufacturer
establishes affirmative defense to such liability pursuant to paragraph
(c) of this section, the detergent manufacturer will be liable for the
violation of Sec. 80.155 pursuant to this paragraph (d) of this
section, provided that EPA can demonstrate, by reasonably specific
showings by direct or circumstantial evidence, that the detergent
manufacturer caused the violation.
[59 FR 54706, Nov. 1, 1994, as amended at 61 FR 35358, July 5, 1996]
Sec. 80.157 Volumetric additive reconciliation (``VAR''), equipment
calibration, and recordkeeping requirements.
This section contains requirements for automated detergent blending
facilities and hand-blending detergent facilities. All gasolines and all
PRC intended for use in gasoline must be additized, unless otherwise
noted in supporting VAR records, and must be accounted for in VAR
records. The VAR reconciliation standard is attained under this section
when the actual concentration of detergent used per VAR formula record
equals or exceeds the lowest additive concentration (LAC) specified for
that detergent pursuant to Sec. 80.141(c)(3), or, if appropriate, under
Sec. 80.141(d). A separate VAR formula record must be created for
leaded gasoline additized with a detergent registered for use only with
leaded gasoline, or used at a concentration that is registered as
effective for leaded gasoline only. Detergent so used
[[Page 215]]
must be accurately and separately measured, either through the use of a
separate storage tank, a separate meter, or some other measurement
system that is able to accurately distinguish its use. Recorded volumes
of gasoline, detergent, and PRC must be expressed to the nearest gallon
(or smaller units), except that detergent volumes of five gallons or
less must be expressed to the nearest tenth of a gallon (or smaller
units). However, if the blender's equipment cannot accurately measure to
the nearest tenth of a gallon, then such volumes must be rounded
downward to the next lower gallon. PRC included in the reconciliation
must be identified. Each VAR formula record must also contain the
following information:
(a) Automated blending facilities. In the case of an automated
detergent blending facility, for each VAR period, for each detergent
storage system and each detergent in that storage system, the following
must be recorded:
(1) The manufacturer and commercial identifying name of the
detergent additive package being reconciled, and the LAC specified in
the detergent registration for use with the applicable type of gasoline
(i.e., unleaded or leaded). The LAC must be expressed in terms of
gallons of detergent per thousand gallons of gasoline or PRC, and
expressed to four digits. If the specified LAC is only effective for use
with leaded gasoline, the record must so indicate. If the detergent
storage system which is the subject of the VAR formula record is a
proprietary system under the control of a customer, this fact must be
indicated on the record.
(2) The total volume of detergent blended into gasoline and PRC, in
accordance with one of the following paragraphs, as applicable.
(i) For a facility which uses in-line meters to measure detergent
usage, the total volume of detergent measured, together with supporting
data which includes one of the following: the beginning and ending meter
readings for each meter being measured, the metered batch volume
measurements for each meter being measured, or other comparable metered
measurements. The supporting data may be supplied on the VAR formula
record or in the form of computer printouts or other comparable VAR
supporting documentation.
(ii) For a facility which uses a gauge to measure the inventory of
the detergent storage tank, the total volume of detergent shall be
calculated from the following equation:
Detergent Volume = (A) - (B) + (C) - (D)
where:
A = Initial detergent inventory of the tank
B = Final detergent inventory of the tank
C = Sum of any additions to detergent inventory
D = Sum of any withdrawals from detergent inventory for purposes other
than the additization of gasoline or PRC.
The value of each variable in this equation must be separately recorded
on the VAR formula record. In addition, a list of each detergent
addition included in variable C and a list of each detergent withdrawal
included in variable D must be provided, either on the formula record or
as VAR supporting documentation.
(3) The total volume of gasoline plus PRC to which detergent has
been added, together with supporting data which includes one of the
following: The beginning and ending meter measurements for each meter
being measured, the metered batch volume measurements for each meter
being measured, or other comparable metered measurements. The supporting
data may be supplied on the VAR formula record or in the form of
computer printouts or other comparable VAR supporting documentation. If
gasoline has intentionally been overadditized in anticipation of the
later addition of unadditized PRC, then the total volume of gasoline
plus PRC recorded must include the expected amount of unadditized PRC to
be added later. In addition, the amount of gasoline which was
overadditized for this purpose must be specified.
(4) The actual detergent concentration, calculated as the total
volume of detergent added (pursuant to paragraph (a)(2) of this
section), divided by the total volume of gasoline plus PRC (pursuant to
paragraph (a)(3) of this section). The concentration must be calculated
and recorded to four digits.
[[Page 216]]
(5) A list of each detergent concentration rate initially set for
the detergent that is the subject of the VAR record, together with the
date and description of each adjustment to any initially set
concentration. The concentration adjustment information may be supplied
on the VAR formula record or in the form of computer printouts or other
comparable VAR supporting documentation. No concentration setting is
permitted below the applicable LAC, except as may be modified pursuant
to Sec. 80.141(d) or as described in paragraph (a)(7) of this section.
(6) The dates of the VAR period, which shall be no longer than
thirty-one days. If the VAR period is contemporaneous with a calendar
month, then specifying the month will fulfill this requirement; if not,
then the beginning and ending dates and times of the VAR period must be
listed. The times may be supplied on the VAR formula record or in
supporting documentation. Any adjustment to any detergent concentration
rate more than 10 percent over the concentration rate initially set in
the VAR period shall terminate that VAR period and initiate a new VAR
period, except as provided in paragraph (a)(7) of this section.
(7) The concentration setting for a detergent injector may be set
below the applicable LAC, or it may be adjusted more than 10 percent
above the concentration initially set in the VAR period without
terminating that VAR period, provided that:
(i) The purpose of the change is to correct a batch misadditization
prior to the end of the VAR period and prior to the transfer of the
batch to another party, or to correct an equipment malfunction; and
(ii) The concentration is immediately returned after the correction
to a concentration that fulfills the requirements of paragraphs (a)(5)
and (6) of this section; and
(iii) The blender creates and maintains documentation establishing
the date and adjustments of the correction; and
(iv) If the correction is initiated only to rectify an equipment
malfunction, and the amount of detergent used in this procedure is not
added to gasoline in the compliance period, then this amount is
subtracted from the detergent volume listed on the VAR formula record.
(8) If unadditized gasoline has been transferred from the facility,
other than bulk transfers from refineries or pipelines to non-retail
outlets or non-WPC facilities, the total amount of such gasoline must be
specified.
(b) Non-automated facilities. In the case of a facility in which
hand blending or any other non-automated method is used to blend
detergent, for each detergent and for each batch of gasoline and each
batch of PRC to which the detergent is being added, the following shall
be recorded:
(1) The manufacturer and commercial identifying name of the
detergent additive package being reconciled, and the LAC specified in
the detergent registration for use with the applicable type of gasoline
(i.e., unleaded or leaded). The LAC must be expressed in terms of
gallons of detergent per thousand gallons of gasoline or PRC, and
expressed to four digits. If the specified LAC is only effective for use
with leaded gasoline, the record must so indicate.
(2) The date of the additization that is the subject of the VAR
formula record.
(3) The volume of added detergent.
(4) The volume of the gasoline and/or PRC to which the detergent has
been added. If gasoline has intentionally been overadditized in
anticipation of the later addition of unadditized PRC, then the total
volume of gasoline plus PRC recorded must include the expected amount of
unadditized PRC to be added later. In addition, the amount of gasoline
which was overadditized for this purpose must be specified.
(5) The brand (if known), grade, and leaded/unleaded status of
gasoline, and/or the type of PRC.
(6) The actual detergent concentration, calculated as the volume of
added detergent (pursuant to paragraph (b)(3) of this section), divided
by the volume of gasoline and/or PRC (pursuant to paragraph (b)(4) of
this section). The concentration must be calculated and recorded to four
digits.
(c) Every VAR formula record created pursuant to paragraphs (a) and
(b)
[[Page 217]]
of this section shall contain the following:
(1) The signature of the creator of the VAR record;
(2) The date of the creation of the VAR record; and
(3) A certification of correctness by the creator of the VAR record.
(d) Electronically-generated VAR formula and supporting records. (1)
Electronically-generated records are acceptable for VAR formula records
and supporting documentation (including PTDs), provided that they are
complete, accessible, and easily readable. VAR formula records must also
be stored with access and audit security, which must restrict to a
limited number of specified people those who have the ability to alter
or delete the records. In addition, parties maintaining records
electronically must make available for EPA use the hardware and software
necessary to review the records.
(2) Electronically-generated VAR formula records may use an
electronic user identification code to satisfy the signature
requirements of paragraph (c)(1) of this section, provided that:
(i) The use of the ID is limited to the record creator; and
(ii) A paper record is maintained, which is signed and dated by the
VAR formula record creator, acknowledging that the use of that
particular user ID on a VAR formula record is equivalent to his/her
signature on the document.
(e) Automated detergent blenders must calibrate their detergent
equipment once in each calendar half year, with the acceptable
calibrations being no less than one hundred twenty days apart. Equipment
recalibration is also required each time the detergent package is
changed, unless written documentation indicates that the new detergent
package has the same viscosity as the previous detergent package.
Detergent package change calibrations may be used to satisfy the
semiannual requirement provided that the calibrations occur in the
appropriate half calendar year and are no less than one hundred twenty
days apart.
(f) The following VAR supporting documentation must also be created
and maintained:
(1) For all automated detergent blending facilities, documentation
reflecting performance of the calibrations required by paragraph (e) of
this section, and any associated adjustments of the automated detergent
equipment;
(2) For all hand-blending facilities which are terminals, a record
specifying, for each calendar month, the total volume in gallons of
transfers from the facility of unadditized base gasoline;
(3) For all detergent blending facilities, product transfer
documents for all gasoline, detergent and detergent-additized PRC
transferred into or out of the facility; in addition, bills of lading,
transfer, or sale for all unadditized PRC transferred into the facility;
(4) For all automated detergent blending facilities, documentation
establishing the brands (if known) and grades of the gasoline which is
the subject of the VAR formula record;
(5) For all hand blending detergent blenders, the documentation, if
in the party's possession, supporting the volumes of gasoline, PRC, and
detergent reported on the VAR formula record; and
(6) For all detergent blending facilities, documentation
establishing the curing of a batch or amount of misadditized gasoline or
PRC, or the curing of a use restriction on the additized gasoline or
PRC, and providing at least the following information: the date of the
curing procedure; the problem that was corrected; the amount, name, and
LAC of the original detergent used; the amount, name, and LAC of the
added curing detergent; and the actual detergent concentration attained
in, and the volume of, the total cured product.
(g) Document retention and availability. All detergent blenders
shall retain the documents required under this section for a period of
five years from the date the VAR formula records and supporting
documentation were created, and shall deliver them upon request to the
EPA Administrator or the Administrator's authorized representative.
[[Page 218]]
(1) Except as provided in paragraph (g)(3) of this section,
automated detergent blender facilities and hand-blender facilities which
are terminals, which physically blend detergent into gasoline, must make
immediately available to EPA, upon request, the preceding twelve months
of VAR formula records plus the preceding two months of VAR supporting
documentation.
(2) Except as provided in paragraph (g)(3) of this section, other
hand-blending detergent facilities which physically blend detergent into
gasoline must make immediately available to EPA, upon request, the
preceding two months of VAR formula records and VAR supporting
documentation.
(3) Facilities which have centrally maintained records at other
locations, or have customers who maintain their own records at other
locations for their proprietary detergent systems, and which can
document this fact to the Agency, may have until the start of the next
business day after the request to supply VAR supporting documentation,
or longer if approved by the Agency.
(4) In this paragraph (g) of this section, the term immediately
available means that the records must be provided, electronically or
otherwise, within approximately one hour of EPA's request, or within a
longer time frame as approved by EPA.
[59 FR 54706, Nov. 1, 1994, as amended at 61 FR 35360, July 5, 1996]
Sec. 80.158 Product transfer documents (PTDs).
(a) Contents. For each occasion when any gasoline refiner, importer,
reseller, distributor, carrier, retailer, wholesale purchaser-consumer,
oxygenate blender, detergent manufacturer, distributor, carrier, or
blender, transfers custody or title to any gasoline, detergent, or
detergent-additized PRC other than when detergent-additized gasoline is
sold or dispensed at a retail outlet or wholesale purchaser-consumer
facility to the ultimate consumer, the transferor shall provide to the
transferee, and the transferee shall acquire from the transferor,
documents which accurately include the following information:
(1) The names and addresses of the transferee and transferor; the
address requirement may be fulfilled, in the alternative, through
separate documentation which establishes said addresses and is
maintained by the parties and made available to EPA for the same length
of time as required for the PTDs, provided that the normal business
procedure of these parties is not to identify addresses on PTDs.
(2) The date of the transfer.
(3) The volume of product transferred.
(4)(i) The identity of the product being transferred (i.e., its
identity as base gasoline, detergent, detergent-additized gasoline, or
specified detergent-additized oxygenate or detergent-additized gasoline
blending stock that comprises a detergent-additized PRC). PTDs for
detergent-additized gasoline or PRC are not required to identify the
particular detergent used to additize the product.
(ii) If the product being transferred consists of two or more
different types of product subject to this regulation, i.e., base
gasoline, detergent-additized gasoline, or specified detergent-additized
PRC, then the PTD for the commingled product must identify each such
type of component contained in the commingled product.
(5) If the product being transferred is base gasoline, then in
addition to the base gasoline identification, the following warning must
be stated on the PTD: ``Not for sale to the ultimate consumer''. If,
pursuant to Sec. 80.160(a), the product being transferred is exempt
base gasoline to be used for research, development, or test purposes
only, the following warning must also be stated on the PTD: ``For use in
research, development, and test programs only.''
(6) The name of the detergent additive as reported in its
registration must be used to identify the detergent package on its PTD.
(7) If the product being transferred is leaded gasoline, then the
PTD must disclose that the product contains lead and/or phosphorous, as
applicable.
(8) If the product being transferred is detergent that is only
authorized for the control of carburetor deposits, then
[[Page 219]]
the following must be stated on the detergent's transfer document: ``For
use with leaded gasoline only.''
(9) If the product being transferred is detergent-additized gasoline
that has been overadditized in anticipation of the later (or earlier)
addition of PRC, then the PTD must include a statement that the product
has been overadditized to account for a specified volume in gallons, or
a specified percentage of the product's total volume, of additional,
specified PRC.
(b) Gasoline may not be additized with a detergent authorized only
for the control of carburetor deposits and whose product transfer
document states ``For use with leaded gasoline only'', and gasoline may
not be additized at the lower concentration specified for a detergent
authorized at a lower concentration for the control of carburetor
deposits only, unless the product transfer document for the gasoline to
be additized identifies it as leaded gasoline.
(c) Use of product codes and other non-regulatory language. (1)
Product codes and other non-regulatory language may not be used as a
substitute for the specified PTD warning language specified in paragraph
(a)(6) of this section for base gasoline, except that:
(i) The specified warning language may be omitted for bulk transfers
of base gasoline from a refinery to a pipeline if there is a prior
written agreement between the parties specifying that all such gasoline
is unadditized and will not be transferred to the ultimate consumer;
(ii) Product codes may be used as a substitute for the specified
warning language provided that the PTD is an electronic data interchange
(EDI) document being used solely for the transfer of title to the base
gasoline, and provided that the product codes otherwise comply with the
requirements of this section.
(2) Product codes and other language not specified in this section
may otherwise be used to comply with PTD information requirements,
provided that they are clear, accurate, and not misleading.
(3) If product codes are used, they must be standardized throughout
the distribution system in which they are used, and downstream parties
must be informed of their full meaning.
(d) PTD exemption for small transfers of additized gasoline.
Transfers of additized gasoline are exempt from the PTD requirements of
this section provided all the following conditions are followed:
(1) The product is being transferred by a distributor who is not the
product's detergent blender; and
(2) The recipient is a wholesale purchaser-consumer (WPC) or other
ultimate consumer of gasoline, for its own use only or for that of its
agents or employees; and
(3) The volume of additized gasoline being transferred is not
greater than 550 gallons.
(e) Recordkeeping period. Any person creating, providing or
acquiring product transfer documentation for gasoline, detergent, or
detergent-additized PRC, except as provided in paragraph (d) of this
section, shall retain the documents required by this section for a
period of five years from the date the product transfer documentation
was created, received or transferred, as applicable, and shall deliver
such documents to EPA upon request. WPCs are not required to retain PTDs
of additized gasoline received by them.
[61 FR 35362, July 5, 1996, as amended at 62 FR 60001, Nov. 6, 1997]
Sec. 80.159 Penalties.
(a) General. Any person who violates any prohibition or affirmative
requirement of Sec. 80.155 shall be liable to the United States for a
civil penalty of not more than the sum of $25,000 for every day of such
violation and the amount of economic benefit or savings resulting from
the violation.
(b) Gasoline non-conformity. Any violation of Sec. 80.155(a) shall
constitute a separate day of violation for each and every day the
gasoline in violation remains at any place in the gasoline distribution
system, beginning on the day that the gasoline is in violation of the
respective prohibition and ending on the last day that such gasoline is
offered for sale or is dispensed to any ultimate consumer.
(c) Detergent non-conformity. Any violation of Sec. 80.155(d) shall
constitute a separate day of violation for each and
[[Page 220]]
every day the detergent in violation remains at any place in the
gasoline or detergent distribution system, beginning on the day that the
detergent is in violation of the prohibition and ending on the last day
that detergent-additized gasoline, containing the subject detergent as a
component thereof, is offered for sale or is dispensed to any ultimate
consumer.
(d) Post-refinery component non-conformity. Any violation of Sec.
80.155(e) shall constitute a separate day of violation for each and
every day the post-refinery component in violation remains at any place
in the post-refinery component or gasoline distribution system,
beginning on the day that the post-refinery component is in violation of
the respective prohibition and ending on the last day that detergent-
additized gasoline containing the post-refinery component is offered for
sale or is dispensed to any ultimate consumer.
(e) Product transfer document non-conformity. Any violation of Sec.
80.155(c) shall constitute a separate day of violation for every day the
product transfer document is not fully in compliance. This is to begin
on the day that the product transfer document is created or should have
been created and to end at the later of the following dates: Either the
day that the document is corrected and comes into compliance, or the day
that gasoline not additized in conformity with interim detergent program
requirements, as a result of the product transfer document non-
conformity, is offered for sale or is dispensed to the ultimate
consumer.
(f) Volumetric additive reconciliation (VAR) record keeping non-
conformity. Any VAR recordkeeping violation of Sec. 80.155(b) shall
constitute a separate day of violation for every day that VAR
recordkeeping is not fully in compliance. Each element of the VAR record
keeping program that is not in compliance shall constitute a separate
violation for purposes of this section.
(g) Volumetric additive reconciliation (VAR) compliance standard
non-conformity. Any violation of the VAR compliance standard established
in Sec. 80.157 shall constitute a separate day of violation for each
and every day of the VAR compliance period in which the standard was
violated.
(h) Volumetric additive reconciliation (VAR) equipment calibration
non-conformity. Any VAR equipment calibration violation of Sec.
80.155(b) shall constitute a separate day of violation for every day a
VAR equipment calibration requirement is not met.
Sec. 80.160 Exemptions.
(a) Research, development, and testing exemptions. Any detergent
that is either in a research, development, or test status, or is sold to
petroleum, automobile, engine, or component manufacturers for research,
development, or test purposes, or any gasoline to be used by, or under
the control of, petroleum, additive, automobile, engine, or component
manufacturers for research, development, or test purposes, is exempted
from the provisions of the interim detergent program, provided that:
(1) The detergent (or fuel containing the detergent), or the
gasoline, is kept segregated from non-exempt product, and the party
possessing the product maintains documentation identifying the product
as research, development, or testing detergent or fuel, as applicable,
and stating that it is to be used only for research, development, or
testing purposes; and
(2) The detergent (or fuel containing the detergent), or the
gasoline, is not sold, dispensed, or transferred, or offered for sale,
dispensing, or transfer from a retail outlet. It shall also not be sold,
dispensed, or transferred, or offered for sale, dispensing, or transfer
from a wholesale purchaser-consumer facility, unless such facility is
associated with detergent, fuel, automotive, or engine research,
development or testing; and
(3) The party using the product for research, development, or
testing purposes, or the party sponsoring this usage, notifies the EPA,
on at least an annual basis and prior to the use of the product, of the
purpose(s) of the program(s) in which the product will be used and the
anticipated volume of the product to be used. The information must be
submitted to the address or fax number provided in Sec. 80.174(c).
(b) Racing fuel and aviation fuel exemptions. Any fuel that is
refined, sold, dispensed, transferred, or offered for
[[Page 221]]
sale, dispensing, or transfer as automotive racing fuel or as aircraft
engine fuel, is exempted from the provisions of this subpart, provided
that:
(1) The fuel is kept segregated from non-exempt fuel, and the party
possessing the fuel for the purposes of refining, selling, dispensing,
transferring, or offering for sale, dispensing, or transfer as
automotive racing fuel or as aircraft engine fuel, maintains
documentation identifying the product as racing fuel, restricted for
non-highway use in racing motor vehicles, or as aviation fuel,
restricted for use in aircraft, as applicable;
(2) Each pump stand at a regulated party's facility, from which such
fuel is dispensed, is labeled with the applicable fuel identification
and use restrictions described in paragraph (b)(1) of this section; and
(3) The fuel is not sold, dispensed, transferred, or offered for
sale, dispensing, or transfer for highway use in a motor vehicle.
(c) California gasoline exemptions. (1) Gasoline or PRC which is
additized in the State of California is exempt from the VAR provisions
in Sec. Sec. 80.155(b) and (e) and 80.157, provided that:
(i) For all such gasoline or PRC, whether intended for sale within
or outside of California, records of the type required for California
gasoline (specified in title 13, California Code of Regulations, section
2257) are maintained; and
(ii) Such records, with the exception of daily additization records,
are maintained for a period of five years from the date they were
created and are delivered to EPA upon request.
(2) Gasoline or PRC that is transferred and/or sold solely within
the State of California is exempt from the PTD provisions of the interim
detergent program, specified in Sec. Sec. 80.155(c) and 80.158.
(3) Nothing in this paragraph (c) exempts such gasoline or PRC from
the requirements of Sec. 80.155(a) and (e), as applicable. EPA will
base its determination of California gasoline's conformity with the
detergent's LAC on the additization records required by CARB, or records
of the same type.
[61 FR 35363, July 5, 1996]
Sec. 80.161 Detergent additive certification program.
(a) Effective dates and applicability of requirements. (1) As of
July 1, 1997:
(i) Detergent additives for the control of port fuel injector
deposits (PFID) and/or intake valve deposits (IVD) in gasoline engines
may not be transferred or sold for use in compliance with this subpart
unless such additives have been certified according to the requirements
of this section.
(ii) Except as provided in Sec. 80.169(c)(8), PFID and IVD control
additives may not be added to gasoline or post-refinery component (PRC)
for compliance with this subpart unless such additives have been
certified according to the requirements of this section.
(iii) Gasoline may not be sold or transferred to a party who sells
or transfers gasoline to the ultimate consumer unless such gasoline
contains detergent additives which have been certified according to the
requirements of this section.
(2) Beginning August 1, 1997, all gasoline sold or transferred to
the ultimate consumer must contain detergent additive(s) which have been
certified, according to the requirements of this section, to be
effective for the control of PFID and IVD in gasoline engines.
(3) Except as specifically exempted in Sec. 80.173, these
detergency requirements apply to all gasoline, whether intended for on-
highway or nonroad use, including conventional, oxygenated,
reformulated, and leaded gasolines, as well as the gasoline component in
mixtures of petroleum and alcohol fuels, gasoline used as marine fuel,
gasoline service accumulation fuel (as described in Sec. 86.113-
94(a)(1) of this chapter), the gasoline component of fuel mixtures of
petroleum and methanol used for service accumulation in flexible fuel
vehicles (as described in Sec. 86.113-94(d) of this chapter), the
gasoline used for factory fill purposes, and all additized PRC.
(4) The specific controls and prohibitions applicable to persons
subject to these regulations are set forth in Sec. 80.168.
(b) Detergent additive certification requirements. For a detergent
additive package to be certified as eligible for use by detergent
blenders in complying
[[Page 222]]
with the gasoline detergency requirements of this subpart, the
requirements listed in this paragraph (b) must be satisfied for such
detergent. Subject to the provisions of paragraph (e) of this section,
if the certifier fails to conduct the specified tests or to submit the
specified materials, or if EPA judges the testing or materials to be
inadequate, or if the detergent fails EPA confirmatory deposit control
performance testing pursuant to Sec. 80.167, the Administrator may deny
or withdraw the detergent's eligibility to be used to satisfy the
detergency requirements of this subpart.
(1) The detergent additive manufacturer must properly register the
detergent additive under 40 CFR part 79. For this purpose:
(i) The compositional data required under Sec. 79.21(a) of this
chapter shall include the information specified in Sec. 80.162.
(ii) The minimum recommended additive concentration required under
Sec. 79.21(d) of this chapter shall be reported to EPA in units of
gallons of detergent additive package per 1000 gallons of gasoline or
PRC, provided to four digits. This concentration is the lowest additive
concentration (LAC) referred to in Sec. 80.170, and shall be reported
as follows:
(A) For a detergent additive registered for use in unleaded
gasoline, the minimum concentration must be determined and reported for
each certification option under which the manufacturer wishes to certify
the additive pursuant to Sec. 80.163.
(1) In the case of a detergent certified for use in California
gasoline based on an existing certification granted by the California
Air Resources Board (CARB), pursuant to Sec. 80.163(d), the minimum
recommended concentration must equal or exceed the amount specified in
the CARB certification.
(2) In the case of the alternative national generic certification
option pursuant to Sec. 80.163(a)(1)(iii), the minimum recommended
concentration must equal or exceed the amount mixed into the associated
test fuel specified in Sec. 80.177, which was shown to satisfy the fuel
injector deposit control and intake valve deposit control performance
tests and standards specified in Sec. 80.176.
(3) In the case of any other detergent certification option, the
minimum recommended concentration must equal or exceed the amount mixed
into the associated test fuel specified in Sec. 80.164, which was shown
to satisfy the fuel injector deposit control and intake valve deposit
control performance tests and standards specified in Sec. 80.165.
(B) For a detergent registered for use in leaded gasoline, the
minimum recommended concentration must be no less than the amount shown
to be needed for control of carburetor deposits, pursuant to the test
procedure and test fuel guidelines in Sec. 80.166.
(C) Once it has been registered by EPA, the minimum recommended
concentration specified by a detergent manufacturer to detergent
blenders and other users of the additive, pursuant to paragraph (c) of
this section, may not be changed without first notifying EPA. Such
notification should be sent by certified mail to the address specified
in Sec. 80.174(b). The change in minimum concentration must be
supported by existing certification data or else the notification to EPA
must be accompanied by new certification information which demonstrates
that the modification is consistent with the requirements of paragraphs
(b)(1)(ii)(A) and (B) of this section.
(D) A manufacturer may use a single set of certification test data
to demonstrate the deposit control effectiveness of more than one
registered detergent additive product, provided that:
(1) The additive products contain all of the same detergent-active
components and no detergent-active components other than those contained
in common; and
(2) The minimum concentration recommended for the use of each such
additive product is specified such that, when each additive product is
mixed in gasoline at the recommended concentration, each of its
detergent-active components will be present at a final concentration no
less than the lowest concentration of that component which was present
when the tested additive product met the PFID and IVD performance
standards specified in Sec. 80.165.
(2) The detergent additive manufacturer (or other certifying party)
must submit to EPA a sample of the actual
[[Page 223]]
detergent additive package which was used in the certification test
fuels specified in Sec. 80.164 or Sec. 80.177 or, if such sample is
not available, then a sample which has the same composition as the
package used in certification testing.
(i) The sample volume shall be between 250 ml and 500 ml.
(ii) The sample shall be packaged in a container which has a
resealable closure and which will maintain sample integrity for at least
one year. The container shall be labeled with the name and address of
the manufacturer and the name of the detergent additive package.
(iii) Any known shelf life limitations, and any available
information on optimal temperature, light exposure, or other conditions
to prolong sample shelf life, shall be provided.
(iv) If the certifying party wishes to claim that the sample or any
accompanying documents are entitled to special handling for reasons of
business confidentiality, the party must clearly identify the sample or
documents as such. EPA will handle any samples or documents with such
claims according to the regulations at 40 CFR part 2.
(v) The sample shall be submitted to EPA, at the address provided in
Sec. 80.174(a), within seven days of the date on which the
certification letter for the detergent package is sent to EPA as
required by paragraph (b)(3) of this section.
(3) The detergent additive manufacturer (or other certifying party)
shall submit a certification letter for the detergent additive package
to the address in Sec. 80.174(b). The party must use certified or
express mail with return receipt service. The letter shall be signed by
a person legally authorized to represent the certifying party and shall
contain the following information:
(i) Identifying information.
(A) The name and address of the detergent additive manufacturer.
(B) In any case where the certifier is not the detergent additive
manufacturer, such as in the case of a fuel-specific certification
pursuant to Sec. 80.163(c), the name and address of the certifier.
(C) The commercial identifying name of the detergent additive
product as registered under the requirements of Sec. 79.21 of this
chapter.
(ii) A statement attesting that:
(A) The detergent package which is the subject of this certification
has been tested according to applicable procedural and test fuel
requirements in this subpart and has met the applicable performance
standards; and
(B) The testing was conducted in a manner consistent with good
engineering practices; and
(C) Complete documentation of the test fuel formulation, IVD
demonstration procedures, fuel injector deposit demonstration procedure
if applicable, detergent performance test procedures, and test results
are available for EPA's inspection upon request.
(iii) The name and location of the laboratory(ies) at which the
certification testing was conducted and the dates during which the
testing was conducted.
(iv) For each option under which certification is sought pursuant to
Sec. 80.163, specifications of the test fuel(s) in which the detergent
underwent performance testing. These fuel specifications must include:
(A) The sulfur content in weight percent.
(B) The T-90 distillation point in degrees Fahrenheit.
(C) The olefin content in volume percent.
(D) The aromatic content in volume percent.
(E) The identity and volume percent of any oxygenate compound.
(F) The source of the test fuel(s) and/or fuel blend stocks used to
formulate the test fuel(s).
(v) In the case of a national or PADD certification (pursuant to
Sec. 80.163(a)(1) or (b)) for which the test fuel was specially
formulated from refinery blend stocks, the results of the IVD
demonstration test, pursuant to Sec. 80.164(b)(3). In the case of an
alternative national generic certification (pursuant to Sec.
80.163(a)(1)(iii)), the results of the IVD demonstration test and fuel
injector deposit demonstration test (pursuant to Sec. 80.177).
(vi) In the case of a fuel-specific detergent certification,
pursuant to Sec. 80.163(c), the definition of the segregated gasoline
pool, including any
[[Page 224]]
permitted PRC, for which the certification is sought, and the fuel
parameter percentile distributions determined for the subject gasoline
pool, as specified in Sec. 80.164(c). The percentile distributions must
include all of the fuel parameters listed in paragraph (b)(3)(iv) (A)
through (D) of this section, along with any other fuel parameter(s)
which the certifier wishes to use to define the certification fuel. As
specified in Sec. 80.164(c)(1)(iv), the procedures used to measure the
additional parameters must be identified, as well as the levels of these
additional parameters present in the test fuel(s).
(vii) In the case of a certification for California gasoline based
on an existing certification granted by CARB, pursuant to Sec.
80.163(d), a copy of the CARB certificate.
(viii) The test concentration(s) of the subject detergent additive
in each test fuel, and the corresponding test results (percent flow
restriction demonstrated in the fuel injector test and milligrams of
deposit per valve demonstrated in the IVD test).
(ix) For each option under which certification of the detergent is
sought, the minimum recommended concentration which the certifying party
seeks to establish for the detergent additive package, pursuant to
paragraph (b)(1)(ii) of this section.
(4) EPA will acknowledge receipt of the detergent certification
letter. The effective date of certification will be the sooner of 60
days from the date on which EPA receives the certification letter, or
the certifier's receipt of EPA's acknowledgement of the certification
letter. However, neither the passage of 60 days nor EPA's
acknowledgement will signify acceptance by EPA of the validity of the
information in the certification letter or the adequacy or potency of
the detergent sample submitted pursuant to paragraph (b)(2) of this
section. EPA may elect at any time to review the detergent certification
data, analyze the submitted detergent additive sample, or subject the
detergent additive package to confirmatory testing as described in Sec.
80.167 and, where appropriate, may disqualify a detergent certification
according to the provisions in paragraph (e) of this section.
(c) The minimum concentration reported in the detergent registration
according to the provisions of paragraph (b)(1)(ii) of this section,
plus any restrictions in use associated with that concentration, must be
accurately communicated in writing by the additive manufacturer to each
fuel manufacturer or detergent blender who purchases the subject
detergent for purpose of compliance with the gasoline detergency
requirements of this subpart, and to any additive manufacturer who
purchases the subject additive with the intent of reselling it to a fuel
manufacturer for this purpose.
(d) The rate at which a detergent blender treats gasoline with a
detergent additive package must be no less than the minimum recommended
concentration reported for the subject detergent additive pursuant to
paragraph (b)(1)(ii) of this section, except under the following
conditions:
(1) If a detergent blender possesses deposit control performance
test results as specified in Sec. 80.165, Sec. 80.166, or Sec. 80.176
which show that the minimum treat rate recommended by the manufacturer
of a detergent additive product exceeds the amount of that detergent
actually required for effective deposit control, then, upon informing
EPA in writing of these circumstances, the detergent blender may use the
detergent at the lower concentration substantiated by these test
results.
(2) The notification to EPA must clearly specify the name of the
detergent product and its manufacturer, the concentration recommended by
the detergent manufacturer, and the lower concentration which the
detergent blender intends to use. The notification must also attest that
the required data are available to substantiate the deposit control
effectiveness of the detergent at the intended lower concentration. The
notification must be sent by certified mail to the address specified in
Sec. 80.174(b).
(3) At its discretion, EPA may require that the detergent blender
submit the test data purported to substantiate the claimed effectiveness
of the lower concentration of the detergent additive. In addition, EPA
may require
[[Page 225]]
the manufacturer of the subject detergent additive to submit test data
substantiating the minimum recommended concentration specified in the
detergent additive registration. In either case, EPA will send a letter
to the appropriate party; the supporting data will be due to EPA within
30 days of receipt of EPA's letter.
(i) If the detergent blender fails to submit the required supporting
data to EPA in the allotted time period, or if EPA judges the submitted
data to be inadequate to support the detergent blender's claim that the
lower concentration provides a level of deposit control consistent with
the requirements of this section, then EPA will disapprove the use of
the detergent at the lower concentration. Further, the detergent blender
may be subject to applicable liabilities and penalties pursuant to
Sec. Sec. 80.169 and 80.172 for any gasoline or PRC it has additized at
the lower concentration.
(ii) If the detergent manufacturer fails to submit the required test
data to EPA within the allotted time period, EPA will proceed on the
assumption that data are not available to substantiate the minimum
recommended concentration specified in the detergent registration, and
the subject additive may be disqualified for use in complying with the
requirements of this subpart, pursuant to the procedures in paragraph
(e) of this section. The detergent manufacturer may also be subject to
applicable liabilities and penalties in Sec. Sec. 80.169 and 80.172.
(iii) If both parties submit the required information, EPA will
evaluate the quality and results of both sets of test data, and will
either approve or disapprove the use of the lower treat rate submitted
by the detergent blender. EPA will inform both parties of the results of
its analysis.
(e) Disqualification of a detergent additive package. (1) When EPA
makes a preliminary determination that a detergent additive certifier
has failed to comply with the detergent certification requirements of
this section, including a failure to submit required materials for a
detergent additive or submission of materials which EPA deems
inadequate, or if a detergent additive fails confirmatory testing
conducted pursuant to Sec. 80.167, EPA shall notify the additive
certifier by certified mail, return receipt requested, setting forth the
basis for that determination and informing the certifier that the
detergent may lose its eligibility to be used to comply with the
detergency requirements of this section.
(2) If EPA determines that the detergent certification was created
by fraud or other misconduct, such as a negligent disregard for the
truthfulness or accuracy of the required information, the detergent
certification will be considered void ab initio and the disqualification
will be retroactive to July 1, 1997 or the date on which the additive
product was first certified, whichever is later.
(3) The certifier will be afforded 60 days from the date of receipt
of the notice of intent of detergent disqualification to submit written
comments concerning the notice, and to demonstrate or achieve compliance
with the specific requirements which provide the basis for the proposed
disqualification. If the certifier does not respond in writing within 60
days from the date of receipt of the notice of intent of
disqualification, the detergent disqualification shall become final and
the Administrator shall notify the certifier of such final
disqualification order. If the certifier responds in writing within 60
days from the date of receipt of the notice of intent to disqualify, the
Administrator shall review and consider all comments submitted by the
certifier before taking final action concerning the proposed
disqualification. All correspondence regarding a disqualification must
be sent to the address provided in Sec. 80.174(b).
(4) As part of a written response to a notice of intent to
disqualify, a certifier may request an informal hearing concerning the
notice. Any such request shall state with specificity the information
the certifier wishes to present at such a hearing. If an informal
hearing is requested, EPA shall schedule such a hearing within 90 days
from the date of receipt of the request. If an informal hearing is held,
the subject matter of the hearing shall be confined solely to whether or
not the certifier has complied with the specific requirements which
provide the basis for
[[Page 226]]
the proposed disqualification. If an informal hearing is held, the
designated presiding officer may be any EPA employee, the hearing
procedures shall be informal, and the hearing shall not be subject to or
governed by 40 CFR part 22 or by 5 U.S.C. 554, 556, or 557. A verbatim
transcript of each informal hearing shall be kept and the Administrator
(or designee) shall consider all relevant evidence and arguments
presented at the hearing in making a final decision concerning a
proposed disqualification.
(5) If a certifier who has received a notice of intent to disqualify
submits a timely written response, and the Administrator (or designee)
decides after reviewing the response and the transcript of any informal
hearing to disqualify the detergent for use in complying with the
requirements of this subpart, the Administrator (or designee) shall
issue a final disqualification order and forward a copy of the
disqualification order to the certifier by certified mail. Notice of the
disqualification order will also be published in the Federal Register.
The disqualification will become effective as of the date on which the
copy of the order is received by the certifier. If the certifier is also
a blender of the disqualified additive, then the certifier must stop
using the ineligible detergent upon receipt of the disqualification
order.
(6) Within 10 days of receipt of EPA's notification of the final
decision to disqualify a detergent additive package pursuant to this
paragraph (e), the detergent certifier must submit to EPA, at the
address specified in Sec. 80.174(b), a list of its customers who use
the disqualified detergent. Failure to do so may subject the certifier
to liabilities for violations of Sec. 80.168 that result from the use
of the uncertified detergent. EPA shall inform the certifier's customers
by certified mail that the detergent is no longer eligible for
compliance with the requirements of this subpart. These parties must
stop using the ineligible detergent additive package and substitute an
eligible detergent additive within 45 days of receiving the
notification, or within 45 days of publication of the disqualification
notice in the Federal Register, whichever occurs sooner.
[61 FR 35364, July 5, 1996, as amended at 61 FR 58747, Nov. 18, 1996; 79
FR 23648, Apr. 28, 2014]
Sec. 80.162 Additive compositional data.
For a detergent additive product to be eligible for use by detergent
blenders in complying with the gasoline detergency requirements of this
subpart, the compositional data to be supplied to EPA by the additive
manufacturer for the purpose of registering a detergent additive package
under Sec. 79.21(a) of this chapter must include the items listed in
this section. In the case of items requiring measurement or other
technical analysis, and for which a specific test procedure is not
stipulated herein, the procedure must conform to reasonable and
customary standards of repeatability and reproducibility, and reasonable
and customary limits of detection and accuracy for the type of test
procedure or analytic procedure in question. At EPA's request, detailed
documentation of any such test procedure must be submitted within 10
days of the registrant's receipt of EPA's request.
(a) A complete listing of the components of the detergent additive
package and the weight and/or volume percent (as applicable) of each
component of the package.
(1) When possible, standard chemical nomenclature shall be used or
the chemical structure of the component shall be given. Polymeric
components may be reported as the product of other chemical reactants,
provided that the supporting data specified in paragraph (b) of this
section is also reported.
(2) Each detergent-active component of the package shall be
classified into one of the following designations:
(i) Polyalkyl amine;
(ii) Polyether amine;
(iii) Polyalkylsuccinimide;
(iv) Polyalkylaminophenol;
(v) Detergent-active petroleum-based carrier oil;
(vi) Detergent-active synthetic carrier oil; and
(vii) Other detergent-active component (identify category, if
feasible.)
(3) Composition variability.
[[Page 227]]
(i) The composition of a detergent additive reported in a single
additive registration (and the detergent additive product sold under a
single additive registration) may not:
(A) Include detergent-active components which differ in identity
from those contained in the detergent additive package at the time of
certification testing; or
(B) Include a range of concentration for any detergent-active
component such that, if the component were present in the detergent
additive package at the lower bound of the reported range, the deposit
control effectiveness of the additive package would be reduced as
compared with the level of effectiveness demonstrated during
certification testing. Subject to the foregoing constraint, a detergent
additive product sold under a particular additive registration may
contain a higher concentration of the detergent-active component(s) than
the concentration(s) of such component(s) reported in the registration
for the additive.
(ii) The identity or concentration of non-detergent-active
components of the detergent additive package may vary under a single
registration provided that such variability does not reduce the deposit
control effectiveness of the additive package as compared with the level
of effectiveness demonstrated during certification testing.
(A) Unless the additive manufacturer (or other certifying party)
provides EPA with data to substantiate that a carrier oil does not act
to enhance the detergent additive package's ability to control deposits,
any carrier oil contained in the detergent additive package, whether
petroleum-based or synthetic, must be treated as a detergent-active
component in accordance with the additive compositional reporting
requirements in Sec. 80.162(a)(2). Such data should be sent by
certified mail to the address specified in Sec. 80.174(b).
(B) [Reserved]
(iii) Except as provided in paragraph (a)(3)(iv) of this section,
detergent additive packages which do not satisfy the restrictions in
this paragraph (a)(3) must be separately registered. EPA may disqualify
an additive for use in satisfying the requirements of this subpart if
EPA determines that the variability included within a given detergent
additive registration may reduce the deposit control effectiveness of
the detergent package such that it may invalidate the minimum
recommended concentration reported in accordance with the applicable
requirements of Sec. 80.161(b)(1)(ii).
(iv) A change in minimum concentration requirements resulting from a
modification of detergent additive composition shall not require a new
detergent additive registration or a change in existing registration if:
(A) The modification is effected by a detergent blender only for its
own use or for the use of parties which are subsidiaries of, or share
common ownership with, the blender, and the modified detergent is not
sold or transferred to other parties; and
(B) The modification is a dilution of the additive for the purpose
of ensuring proper detergent flow in cold weather; and
(C) Gasoline is the only diluting agent used; and
(D) The diluted detergent is subsequently added to gasoline at a
rate that attains the detergent's registered minimum recommended
concentration, taking into account the dilution; and
(E) EPA is notified, either before or within seven days after the
dilution action, of the identity of the detergent, the identity of the
diluting material, the amount or percentage of the dilution, the change
in treat rate necessitated by the dilution, and the locations and time
period of diluted detergent usage. The notification shall be sent or
faxed to the address in Sec. 80.174(c).
(b) For detergent-active polymers and detergent-active carrier oils
which are reported as the product of other chemical reactants:
(1) Identification of the reactant materials and the manufacturer's
acceptance criteria for determining that these materials are suitable
for use in synthesizing detergent components. The manufacturer must
maintain documentation, and submit it to EPA upon request, demonstrating
that the acceptance criteria reported to EPA are the same criteria which
the manufacturer specifies to the suppliers of the reactant materials.
[[Page 228]]
(2) A Gel Permeation Chromatograph (GPC), providing the molecular
weight distribution of the polymer or detergent-active carrier oil
components and the concentration of each chromatographic peak
representing more than one percent of the total mass. For these results
to be acceptable, the GPC test procedure must include equipment
calibration with a polystyrene standard or other readily attainable and
generally accepted calibration standard. The identity of the calibration
standard must be provided, together with the GPC characterization of the
standard.
(c) For non-detergent-active carrier oils, the following parameters:
(1) T10, T50, and T90 distillation points, and end boiling point,
measured according to applicable test procedures cited in Sec. 80.46.
(2) API gravity and viscosity
(3) Concentration of oxygen, sulfur, and nitrogen, if greater than
or equal to 0.5 percent (by weight) of the carrier oil
(d) Description of an FTIR-based method appropriate for identifying
the detergent additive package and its detergent-active components
(polymers, carrier oils, and others) both qualitatively and
quantitatively, together with the actual infrared spectra of the
detergent additive package and each detergent-active component obtained
by this test method. The FTIR infrared spectra submitted in connection
with the registration of a detergent additive package must reflect the
results of a test conducted on a sample of the additive containing the
detergent-active component(s) at a concentration no lower than the
concentration(s) (or the lower bound of a range of concentration)
reported in the registration pursuant to paragraph (a)(3)(i)(B) of this
section.
(e) To provide a basis for establishing an affirmative defense to
presumptive liability pursuant to Sec. 80.169(c)(4)(i)(D)(2)(i),
specific physical parameters must be identified which the manufacturer
considers adequate and appropriate, in combination with other
information and sampling requirements under this subpart, for
identifying the detergent additive package and monitoring its production
quality control.
(1) Such parameters shall include (but need not be limited to)
viscosity, density, and basic nitrogen content, unless the additive
manufacturer specifically requests, and EPA approves, the substitution
of other parameter(s) which the manufacturer considers to be more
appropriate for a particular additive package. The request must be made
in writing and must include an explanation of how the requested physical
parameter(s) are helpful as indicator(s) of detergent production quality
control. EPA will respond to such requests in writing; the additional
parameters are not approved until the certifier receives EPA's written
approval.
(2) The manufacturer shall identify a standardized measurement
method, consistent with the chemical and physical nature of the
detergent product, which will be used to measure each parameter. The
documented ASTM repeatability for the method shall also be cited. The
manufacturer's target value for each parameter in the detergent package,
and the expected range of production values for each parameter, shall be
specified.
(3) EPA will consider the parameter measurements to be an acceptable
basis for establishing an affirmative defense to presumptive liability,
if the expected range of variability differs from the target value by an
amount no greater than five times the standard repeatability of the test
procedure, or by no more than 10 percent of the target value, whichever
is less. However, in the case of nitrogen analysis or other procedures
for measuring concentrations of specific chemical compounds or elements,
when the target value is less than 10 parts per million, a range of
variability up to 50 percent of the target value will be considered
acceptable.
(4) If a manufacturer wishes to rely on measurement methods or
production variability ranges which do not conform to the above
limitations, then the manufacturer must receive prior written approval
from EPA in order to be assured that any related parameter
[[Page 229]]
measurements will be considered an acceptable basis for establishing an
affirmative defense. A request for such allowance must be made in
writing. It must fully justify the adequacy of the test procedure,
explain why a broader range of variability is required, and provide
evidence that the production detergent will perform adequately
throughout the requested range of variability.
[61 FR 35366, July 5, 1996, as amended at 66 FR 55889, Nov. 5, 2001; 70
FR 69245, Nov. 14, 2005]
Sec. 80.163 Detergent certification options.
To be used to satisfy the detergency requirements under Sec.
80.161(a), a detergent additive must be certified in accordance with the
requirements of one or more of the options and suboptions described in
this section. Where a certification option makes an additive eligible
for use in a particular gasoline, that additive is also eligible for use
in PRC which will be added to the particular gasoline. Under each
option, the lowest additive concentration (LAC) or minimum recommended
concentration registered for a detergent additive package, pursuant to
Sec. 80.161(b)(1)(ii), must equal or exceed the lowest detergent treat
rate shown to be needed in the designated test fuel in order to meet the
deposit control performance requirements specified in Sec. 80.165.
(a) National certification. A detergent certified under a national
certification option is eligible for use in gasoline which can be sold
or dispensed anywhere within the United States or its territories
(subject to approved State programs).
(1) National generic certification option. To be certified under
this option, a candidate detergent must meet the deposit control
performance test requirements and standards specified in Sec. 80.165
using test fuels that conform to the requirements in Sec. 80.164(b)(1),
Table 1, Line 1. A detergent certified under this option is eligible to
be used at a conforming LAC in any grade of gasoline, with or without an
oxygenate component.
(i) National nonoxygenate suboption. The requirements for
certification under this suboption are the same as those in paragraph
(a)(1) of this section, except that, pursuant to Sec. 80.164(a)(2)(ii),
the certification test fuel shall contain no ethanol or other oxygenate.
A detergent certified under this suboption is eligible to be used at a
conforming LAC only in gasoline that does not contain an oxygenate
component.
(ii) National oxygenate-specific suboption. The requirements for
certification under this suboption are the same as those in paragraph
(a)(1) of this section, except that, pursuant to Sec.
80.164(a)(2)(iii), the certification test fuel shall contain an
oxygenate compound other than ethanol. A detergent certified under this
suboption is eligible to be used at a conforming LAC only in gasoline
that contains no oxygenate component other than the one present in the
test fuel.
(iii) Alternative national generic certification option. To be
certified under this option, a candidate detergent must meet the deposit
control performance test requirements and standards specified in Sec.
80.176 using test fuels that conform to the requirements in Sec.
80.177. A detergent certified under this option is eligible to be used
at a conforming LAC in any grade of gasoline, with or without an
oxygenate component.
(2) National premium certification option. To be certified under
this option, a candidate detergent must meet the deposit control
performance test requirements and standards specified in Sec. 80.165
using test fuels that conform to the requirements in Sec. 80.164(b)(1),
Table 1, Line 2. A detergent certified under this option is eligible to
be used at a conforming LAC only in premium grade gasoline, with or
without an oxygenate component.
(i) National premium nonoxygenate suboption. The requirements for
certification under this suboption are the same as those in paragraph
(a)(2) of this section, except that, pursuant to Sec. 80.164(a)(2)(ii),
the certification test fuel shall contain no ethanol or other oxygenate.
A detergent certified under this suboption is eligible to be used at a
conforming LAC only in premium grade gasoline that does not contain an
oxygenate component.
[[Page 230]]
(ii) National premium oxygenate-specific suboption. The requirements
for certification under this suboption are the same as those in
paragraph (a)(2) of this section, except that, pursuant to Sec.
80.164(a)(2)(iii), the certification test fuel shall contain an
oxygenate compound other than ethanol. A detergent certified under this
suboption is eligible to be used at a conforming LAC only in gasoline
that is premium grade and contains no oxygenate component other than the
one present in the test fuel.
(b) Petroleum Administrative Defense District (PADD) Certification.
A detergent certified under a PADD certification option is eligible for
use in gasoline which can be sold or dispensed to the ultimate
purchaser, or to those parties who sell or dispense to the ultimate
consumer, only within the PADD for which the certification was granted.
The States and jurisdictions included within each PADD are specified in
Sec. 79.59(b)(3)(i) through (v), except that, for purposes of PADD
certification, the State of California is excluded from PADD V.
(1) PADD generic certification option. To be certified under this
option, a candidate detergent must meet the deposit control performance
test requirements and standards specified in Sec. 80.165 using test
fuels that conform to the requirements in Sec. 80.164(b)(1), Table 2,
for a selected PADD. A detergent certified under this option is eligible
to be used at a conforming LAC in any grade of gasoline, with or without
an oxygenate component, provided that the gasoline is ultimately
dispensed in the selected PADD.
(i) PADD nonoxygenate suboption. The requirements for certification
under this suboption are the same as those in paragraph (b)(1) of this
section, except that, pursuant to Sec. 80.164(a)(2)(ii), the
certification test fuel shall contain no ethanol or other oxygenate. A
detergent certified under this suboption is eligible to be used at a
conforming LAC only in gasoline that is nonoxygenated and is ultimately
dispensed in the selected PADD.
(ii) PADD oxygenate-specific suboption. The requirements for
certification under this suboption are the same as those in paragraph
(b)(1) of this section, except that, pursuant to Sec.
80.164(a)(2)(iii), the certification test fuel shall contain an
oxygenate compound other than ethanol. A detergent certified under this
suboption is eligible to be used at a conforming LAC only in gasoline
that contains no oxygenate component other than the one present in the
test fuel and is ultimately dispensed in the selected PADD.
(2) PADD premium certification option. To be certified under this
option, a candidate detergent must meet the deposit control performance
test requirements and standards specified in Sec. 80.165 using test
fuels that conform to the requirements in Sec. 80.164(b)(1), Table 2,
for a selected PADD. A detergent certified under this option is eligible
to be used at a conforming LAC only in gasoline that is premium grade
(with or without an oxygenate component) and is ultimately dispensed in
the selected PADD.
(i) PADD premium nonoxygenate suboption. The requirements for
certification under this suboption are the same as those in paragraph
(b)(2) of this section, except that, pursuant to Sec. 80.164(a)(2)(ii),
the certification test fuel shall contain no ethanol or other oxygenate.
A detergent certified under this suboption is eligible to be used at a
conforming LAC only in gasoline that is premium grade, contains no
oxygenate component, and is ultimately dispensed in the selected PADD.
(ii) PADD premium oxygenate-specific suboption. The requirements for
certification under this suboption are the same as those in paragraph
(b)(2) of this section, except that, pursuant to Sec.
80.164(a)(2)(iii), the certification test fuel shall contain an
oxygenate compound other than ethanol. A detergent certified under this
suboption is eligible to be used at a conforming LAC only in gasoline
that is premium grade, contains no oxygenate component other than the
one present in the test fuel, and is ultimately dispensed in the
selected PADD.
(c) Fuel-specific certification. Except as provided in paragraph
(c)(3) of this section, to be certified under the fuel-specific
certification option, a candidate detergent must meet the deposit
control performance test requirements and
[[Page 231]]
standards specified in Sec. 80.165 using test fuels that conform to the
requirements of Sec. 80.164(c).
(1) A detergent certified under this option is eligible to be used
at a conforming LAC only in the defined gasoline pool reported in the
certification letter pursuant to Sec. 80.161(b)(3).
(i) The gasoline pool may only include gasoline produced or
distributed from the facilities covered by the fuel survey which was
used to define the fuel-specific certification test fuels, pursuant to
Sec. 80.164(c)(1).
(ii) The gasoline pool must be kept segregated from any other
gasoline prior to blending with the detergent additive.
(iii) Depending on the oxygenate components added to the test fuel
pursuant to Sec. 80.164(a)(2), the gasoline pool may be inclusive of
all grades and all oxygenate blending characteristics (i.e., generic),
or may be restricted to non-oxygenated gasoline, or to gasoline
containing a specific oxygenate compound. The certification may also be
restricted to premium grade gasoline. Any such use restrictions must be
specified in the certification letter. Provisions in Sec. Sec. 80.168
and 80.171(a)(9) through (12) related to such use restrictions also
apply.
(2) Detergent certification under this option entails special
initial and annual reporting requirements, specified under Sec. Sec.
80.161(b)(3)(vi) and 80.164(c)(3), which necessitate that the
responsible party have control over and access to the segregated
gasoline pool for which the detergent is certified. For this reason, the
certifying party under this option is likely to be (but is not required
to be) a fuel manufacturer or detergent blender, rather than the
additive manufacturer.
(3) If a certifier demonstrates that the required test fuel
representing a segregated pool of gasoline meets the deposit control
performance standards specified in Sec. 80.165 in the absence of a
detergent additive, or using a detergent additive which has only PFID-
control activity, then this gasoline pool (and PFID detergent, if
applicable) can be certified accordingly under the fuel-specific option.
(4) Gasoline properly additized with a detergent certified under the
fuel-specific option may be transferred or sold anywhere within the
United States and its territories (subject to approved State programs).
(d) CARB-Based Certification. A valid certification under section
2257 of Title 13, California Code of Regulations (CARB certification)
may be the basis for a certification under the following restrictions
and conditions:
(1) A detergent certified under this option may be used at the LAC
specified in the CARB certification only in gasoline that meets the
requirements of California Phase II reformulated gasoline (pursuant to
Title 13, Chapter 5, Article 1, Subarticle 2, California Code of
Regulations, Standards for Gasoline Sold Beginning March 1, 1996). The
grade(s) of California gasoline which may be so additized, and the
oxygenate(s) which may be present, are as specified in the CARB
certification for the detergent in question.
(2) The gasoline must be either: Additized in California; or sold or
dispensed to the ultimate consumer in California (or to parties who sell
or dispense to the ultimate consumer in California); or both additized
and ultimately dispensed in California.
(3) A certification under this option will continue to be valid only
as long as the CARB certification remains valid. The certifier must
cease selling or using a detergent immediately upon being notified by
CARB that the CARB certification for this detergent has been
invalidated, and must notify EPA within 7 days of receipt of this
notification.
[61 FR 35368, July 5, 1996, as amended at 79 FR 23648, Apr. 28, 2014]
Sec. 80.164 Certification test fuels.
(a) General requirements. This section provides specifications for
the test fuels required in conjunction with the certification options
described in Sec. Sec. 80.163(a)(1) and 80.163(b) through (d). For each
such certification option, the associated test fuel must meet or exceed
the levels of four basic fuel parameters (aromatics, fuel sulfur,
olefins, and T-90) prescribed here and may also contain specified
oxygenate compounds. In addition, pursuant to paragraph (b)(3) of this
section, some
[[Page 232]]
fuels must undergo an IVD demonstration test before they are eligible to
be used as test fuels under this certification program. Test fuel
characteristics must be reported to EPA in the detergent certification
letter required pursuant to Sec. 80.161(b)(3). The specifications for
the test fuels required in conjunction with the alternative national
generic certification option in Sec. 80.163(a)(1)(iii) are contained in
Sec. 80.177.
(1) Quantitative specifications for the four basic fuel parameters,
provided in paragraphs (b) and (c) of this section, refer to the levels
of these parameters in the base gasoline prior to the addition of any
oxygenate. The levels of the basic fuel parameters must be measured in
accordance with applicable procedures in Sec. 80.46.
(2) Oxygenate components of certification test fuels must be of fuel
grade quality. The type and amount of oxygenate to be blended into the
test fuel (if any) shall be as follows:
(i) To certify a detergent for generic use (i.e., for use in
gasoline containing any oxygenate compound, as well as for use in
nonoxygenated gasoline), the finished test fuel shall contain ethanol at
10 volume percent.
(ii) To certify a detergent specifically for use in nonoxygenated
gasoline, no oxygenate compounds shall be added to the test fuel.
(iii) To certify a detergent specifically for use in gasoline
blended with a specified oxygenate compound other than ethanol, the
specified oxygenate must be added to the test fuel in an amount such
that the finished fuel contains the oxygenate at the highest
concentration at which the specific oxygenate may be used in in-use
gasoline.
(3) No detergent-active substance other than the detergent additive
package undergoing testing may be added to a certification test fuel.
Typical nondetergent additives, such as antioxidants, corrosion
inhibitors, and metal deactivators, may be present in the test fuel at
the discretion of the additive certifier. In addition, any nondetergent
additives (other than oxygenate compounds) which are commonly blended
into gasoline and which are known or suspected to affect IVD or PFID
formation, or to reduce the ability of the detergent in question to
control such deposits, should be added to the test fuel for
certification testing.
(4) Certification test requirements may be satisfied for a detergent
additive using more than one batch of test fuel, provided that each
batch satisfies all applicable test fuel requirements under this
section.
(5) Unless otherwise required by this section, finished test fuels
must conform to the requirements for commercial gasoline described in
ASTM D 4814-95c, ``Standard Specification for Automotive Spark-Ignition
Engine Fuel'', which is incorporated by reference. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be
inspected at U.S. EPA, OAR, 401 M St., SW., Washington, DC 20460, or at
the National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call 202-741-6030, or go
to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html. Copies of this material
may be obtained from ASTM, 1916 Race St., Philadelphia, PA 19103.
(b) National and PADD certification test fuels. (1) Test fuels for
the national generic and premium certification options must contain
levels of the designated fuel parameters which meet or exceed the
applicable values in Table 1. Test fuels for the PADD generic
certification options must contain levels of the designated fuel
parameters which meet or exceed the applicable values in Table 2. Test
fuels for the PADD premium certification options must contain levels of
the designated fuel parameters which meet or exceed the applicable
values in Table 3. Oxygenate requirements for the respective
nonoxygenate and oxygenate-specific suboptions are specified in
paragraph (a)(2) of this section.
[[Page 233]]
Table 1--National Certification Test Fuels
----------------------------------------------------------------------------------------------------------------
Required minimum fuel parameter values
------------------------------------------------------------------------------
Certification option Sulfur Olefins Aromatics
(weight %) T-90 (F) (volume %) (volume %) Oxygenate (volume %)
----------------------------------------------------------------------------------------------------------------
1. National Generic.............. 0.034 339 11.4 31.1 10% Ethanol.
2. National Premium.............. 0.016 332 6.5 35.9
----------------------------------------------------------------------------------------------------------------
Table 2--PADD-Specific Generic Certification Test Fuels
----------------------------------------------------------------------------------------------------------------
Required minimum fuel parameter values
------------------------------------------------------------------------------
Certification option Sulfur Olefins Aromatics
(weight %) T-90 (F) (volume %) (volume %) Oxygenate (volume %)
----------------------------------------------------------------------------------------------------------------
PADD 1 Generic................... 0.039 343 15.4 32.1
PADD 2 Generic................... 0.034 338 10.3 29.3
PADD 3 Generic................... 0.032 343 12.9 29.8 10% Ethanol.
PADD 4 Generic................... 0.050 326 10.0 27.1
PADD 5 Generic................... 0.021 337 7.6 34.5
----------------------------------------------------------------------------------------------------------------
Table 3--PADD-Specific Premium-Grade Certification Test Fuels
----------------------------------------------------------------------------------------------------------------
Required minimum fuel parameter values
------------------------------------------------------------------------------
Certification option Sulfur Olefins Aromatics
(weight %) T-90 (F) (volume %) (volume %) Oxygenate (volume %)
----------------------------------------------------------------------------------------------------------------
PADD 1 Premium................... 0.018 332 9.2 38.6
PADD 2 Premium................... 0.014 333 6.0 34.3
PADD 3 Premium................... 0.015 334 6.0 34.6 10% Ethanol.
PADD 4 Premium................... 0.040 319 6.0 22.3
PADD 5 Premium................... 0.011 332 4.3 36.7
----------------------------------------------------------------------------------------------------------------
(2) National and PADD certification test fuels must either be
formulated to specification from normal refinery blend stocks, or drawn
from finished gasoline supplies. The source of such samples must be
normally-operating gasoline production or distribution facilities
located in the U.S. Samples must not be drawn from a segregated gasoline
pool that is or will be covered by a fuel-specific certification under
Sec. 80.163(c) on the date when the certification information under
this option is submitted to EPA.
(3) To be eligible for use in detergent additive certification
testing, in addition to the specifications above, national and PADD test
fuels which are specially formulated from refinery blend stocks must
themselves undergo testing to demonstrate their deposit-forming
tendency. For this purpose, the unadditized, nonoxygenated test fuel
must be subjected to the IVD control test procedure described in Sec.
80.165(b). At the discretion of the tester, the duration of the
demonstration test may be less than 10,000 miles, provided the results
satisfy the standard of this paragraph. In order to qualify for use in
certification testing, the formulated fuel's test results must meet or
exceed the values shown in Table 4 for the relevant certification
option. If the demonstration test results do not meet these criteria,
then the formulated fuel may not be used for detergent certification
testing.
Table 4--IVD Demonstration Test Criteria
----------------------------------------------------------------------------------------------------------------
Minimum required deposit level in IVD demonstration test (mg/valve, average)
Certification option -----------------------------------------------------------------------------
National PADD 1 PADD 2 PADD 3 PADD 4 PADD 5
----------------------------------------------------------------------------------------------------------------
Generic........................... 290 290 260 290 260 260
Premium........................... 260 260 235 260 235 235
----------------------------------------------------------------------------------------------------------------
[[Page 234]]
(c) Fuel-specific certification test fuels. (1) Test fuels required
for fuel-specific certification must contain levels of each of the four
basic fuel parameters (aromatics, olefins, T-90, and fuel sulfur) at no
less than their respective 65th percentile values in the segregated
gasoline pool for which the detergent certification is sought in
accordance with Sec. 80.163(c). These values must be determined by the
certifier as follows:
(i) At least once monthly for at least one complete year prior to
the certification, the certifier must measure the levels of the required
parameters in representative fuel samples contributed to the segregated
gasoline pool by each participating refinery, terminal, or other fuel
production or distribution facility. The fuel parameters must be
measured in accordance with the test procedures in Sec. 80.46. If the
applicability of the fuel-specific certification is to be limited to
premium gasoline, then the required fuel compositional data must be
collected only from samples of premium gasoline.
(ii) The fuel composition survey results, weighted according to the
percentage of gasoline contributed to the segregated gasoline pool from
each participating facility, shall be used to construct a percentile
distribution of the measured values for each of the fuel parameters.
(iii) Data from more than one year may be used to construct the
required statistical distribution provided that only the total data from
complete consecutive years is used and that all survey data must have
been collected within three years of the date the certification
information is submitted to EPA.
(iv) At the discretion of the certifier, other fuel parameters may
be used to define the certification test fuels in addition to the four
required parameters. To be taken into account by EPA in case of
confirmatory testing pursuant to Sec. 80.167, such additional
parameters must be surveyed and analyzed according to the same
requirements applicable to the four standard parameters. In addition,
any optional parameters must be measured using test procedures which
conform to reasonable and customary standards of repeatability and
reproducibility, and reasonable and customary limits of detection and
accuracy for the type of test procedure or analytic procedure in
question.
(v) Using the percentile distributions calculated from the survey
data for the four required parameters and any additional discretionary
parameters, the 65th percentile value for each such parameter shall be
determined. Prior to the addition of any oxygenate compound, the fuel-
specific certification test fuel shall contain each specified parameter
at a level or concentration no less than this 65th percentile value.
Test fuel oxygenate requirements for generic, nonoxygenate, and
oxygenate-specific certification suboptions are specified in paragraph
(a)(2) of this section.
(2) Fuel-specific certification test fuels must either be formulated
to specification from the same refinery blend stocks which are normally
used to blend the gasolines included in the subject gasoline pool, or
drawn from the finished fuel supplies which contribute to this pool of
gasoline. Fuel-specific certification test fuels need not undergo an IVD
demonstration test prior to use in certification testing.
(3) The certifier must submit an annual report to EPA within 30 days
of the anniversary of the initial certification effective date. Failure
to submit the annual report by the required date will invalidate the
fuel-specific certification and may subject the certifier to liability
and penalties under Sec. Sec. 80.169 and 80.172. The purpose of the
annual report is to update the information on the composition of the
segregated gasoline pool that was characterized by the initial fuel
survey.
(i) For this purpose, the same fuel survey and statistical analysis
requirements that were conducted pursuant to paragraphs (c)(1)(i),(ii),
and (iv) of this section must be repeated, using data for the most
current twelve-month period from each of the production/distribution
facilities that contributed to the original fuel survey.
(ii) The annual report must present the percentile distributions for
each fuel parameter as determined from the new survey data and, for each
measured fuel parameter, must compare the newly determined 50th
percentile value with the 60th percentile value for that
[[Page 235]]
parameter as determined in the original fuel survey.
(iii) If the new 50th percentile level for any fuel parameter is
greater than or equal to the 60th percentile level reported in the
initial certification, then the fuel-specific certification is no longer
valid. In such instance, the certifier must immediately discontinue the
sale and use of the subject detergent under the conditions of the fuel-
specific certification and must immediately notify any downstream
customers/recipients of the subject detergent that the certification is
no longer valid and that their use of the detergent must discontinue
within seven days. To avoid liability and penalties under Sec. Sec.
80.169 and 80.172, the certifier must take these remedial steps within
45 days of the anniversary of the original fuel-specific certification.
Downstream customers/recipients must discontinue usage of the detergent
within seven days of receipt of notification of the detergent's
invalidity to avoid such liability.
(4) The fuel composition survey results which support the original
test fuel specifications and the annual statistical analyses, along with
related documentation on test methods and statistical procedures, shall
be retained by the certifier for a period of at least five years, and
shall be made available to EPA upon request.
[61 FR 35369, July 5, 1996, as amended at 79 FR 23648, Apr. 28, 2014]
Sec. 80.165 Certification test procedures and standards.
This section specifies the deposit control test requirements and
performance standards which must be met in order to certify detergent
additives for use in unleaded gasoline, pursuant to Sec.
80.161(b)(1)(ii)(A)(3). These standards must be met in the context of
the specific test procedures identified in paragraphs (a) and (b) of
this section, except as provided in paragraph (c) of this section. The
testing must be conducted and the performance standards met when the
subject detergent additive is mixed in a test fuel meeting all relevant
requirements of Sec. 80.164, including the deposit-forming tendency
demonstration specified in Sec. 80.164(b)(3), if applicable. Complete
test documentation must be submitted by the certifying party within 30
days of receipt of a written request from EPA for such records. The
certification test procedures and standards associated with the
alternative national generic certification option in Sec.
80.163(a)(1)(iii) are contained in Sec. 80.176.
(a) Fuel injector deposit control testing. The required test fuel
must produce no more than 5% flow restriction in any one injector when
tested in accordance with ASTM D5598. At the option of the certifier,
fuel injector flow may be measured at intervals during the 10,000 mile
test cycle described in ASTM D5598, in addition to the flow measurements
required at the completion of the test cycle, but not more than every
1,000 miles.
(b) Intake valve deposit control testing. The required test fuel
must produce the accumulation of less than 100 mg of intake valve
deposits on average when tested in accordance with ASTM D5500.
(c) Materials incorporated by reference. The published materials
identified in this section are incorporated by reference into this
section with the approval of the Director of the Federal Register under
5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than
that specified in this section, a document must be published in the
Federal Register and the material must be available to the public. All
approved materials are available for inspection at the Air and Radiation
Docket and Information Center (Air Docket) in the EPA Docket Center
(EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave. NW.,
Washington, DC. The EPA/DC Public Reading Room hours of operation are
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.
The telephone number of the EPA/DC Public Reading Room is (202) 566-
1744, and the telephone number for the Air Docket is (202) 566-1742.
These approved materials are also available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call (202) 741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html. In addition, these
[[Page 236]]
materials are available from the sources listed below.
(1) ASTM International material. The following standards are
available from ASTM International, 100 Barr Harbor Dr., P.O. Box C700,
West Conshohocken, PA 19428-2959, (877) 909-ASTM, or http://
www.astm.org:
(i) ASTM D5500-98 (Reapproved 2008), Standard Test Method for
Vehicle Evaluation of Unleaded Automotive Spark-Ignition Engine Fuel for
Intake Valve Deposit Formation, approved July 1, 2008.
(ii) ASTM D5598-01 (Reapproved 2012), Standard Test Method for
Evaluating Unleaded Automotive Spark-Ignition Engine Fuel for Electronic
Port Fuel Injector Fouling, approved November 1, 2012.
(2) [Reserved]
[79 FR 23649, Apr. 28, 2014]
Sec. 80.166 Carburetor deposit control performance test and test
fuel guidelines.
EPA will use the guidelines in this section to evaluate the adequacy
of carburetor deposit control test data, used to support the minimum
concentration recommended for detergents used in leaded gasoline
pursuant to Sec. 80.161(b)(1)(ii)(B).
(a) Carburetor Deposit Control Test Procedure and Performance
Standard Guidelines. For demonstration of carburetor deposit control
performance, any generally accepted vehicle, engine, or bench test
procedure and associated performance standard for carburetor deposit
control will be considered adequate. Port and throttle body fuel
injector deposit control test data will also be considered to be
adequate demonstration of an additive's ability to control carburetor
deposits. Examples of acceptable test procedures for demonstration of
carburetor deposit control, in addition to the fuel injector test
procedure listed in Sec. 80.165(a), are contained in the following
references:
(1) ``Test Method for Evaluating Port Fuel Injector (PFI) Deposits
in Vehicle Engines'', March 1, 1991, Section 2257, Title 13, California
Code of Regulations.
(2) ``A Vehicle Test Technique for Studying Port Fuel Injector
Deposits--A Coordinating Research Council Program'', Robert Tupa et al.,
SAE Technical paper No. 890213, 1989.
(3) ``The Effects of Fuel Composition and Additives on Multiport
Fuel Injector Deposits'', Jack Benson et al., SAE Technical Paper Series
No. 861533, 1986.
(4) ``Injector Deposits--The Tip of Intake System Deposit
Problems'', Brian Taneguchi, et al., SAE Technical Paper Series No.
861534, 1986.
(5) ``Fuel Injector, Intake Valve, and Carburetor Detergency
Performance of Gasoline Additives'', C.H. Jewitt et al., SAE Technical
Paper No. 872114, 1987.
(6) ``Carburetor Cleanliness Test Procedure, State-of-the-Art
Summary, Report: 1973-1981'', Coordinating Research Council, CRC Report
No. 529, Coordinating Research Council Inc. (CRC), 219 perimeter Center
Parking, Atlanta, Georgia, 30346.
(b) Carburetor Deposit Control Test Fuel Guidelines. (1) The
gasoline used in the tests described in paragraph (a) of this section
must contain the detergent-active components of the subject detergent
additive package in an amount which corresponds to the minimum
recommended concentration recorded in the respective detergent
registration, or less than this amount.
(2) The test fuel must not contain any detergent-active components
other than those recorded in the subject detergent certification.
(3) The composition of the test fuel used in carburetor deposit
control testing, conducted to support the claimed effectiveness of
detergents used in leaded gasoline, should be reasonably typical of in-
use gasoline in its tendency to form carburetor deposits (or more severe
than typical in-use fuels) as defined by the olefin and sulfur content.
A test fuel conforming to these compositional guidelines may be sampled
directly from finished gasolines or may be blended to specification
using typical refinery blend stocks. Test data using leaded fuels is
preferred for this purpose, but data collected using unleaded fuels may
also be acceptable provided that some correlation with additive
performance in leaded fuels is available.
[61 FR 35372, July 5, 1996]
[[Page 237]]
Sec. 80.167 Confirmatory testing.
EPA may test a detergent to confirm that the required performance
levels are met. Based on the findings of this confirmatory testing, a
detergent certification may be denied or revoked under the provisions of
Sec. 80.161(e).
(a) Confirmatory testing conducted to evaluate the validity of
detergent certifications under the national, PADD, or fuel-specific
options under Sec. Sec. 80.163(a)(1) and 80.163(b) through (d) will
generally entail a single vehicle test using the procedures detailed in
Sec. 80.165. The test fuel(s) used in conducting such confirmatory
certification testing will contain the specified fuel parameters at or
below the minimum levels specified in Sec. 80.164, and will otherwise
conform to the applicable certification test fuel specifications
therein. Confirmatory testing conducted to evaluate the validity of
detergent certifications under the alternative national generic
certification option in Sec. 80.163(a)(1)(iii) will generally entail a
single test using the procedures detailed in Sec. 80.177. The test
fuel(s) used in conducting such confirmatory certification testing will
contain the specified fuel parameters at or below the minimum levels
specified in Sec. 80.177, and will otherwise conform to the applicable
certification test fuel specifications therein.
(b) Confirmatory certification testing conducted to evaluate the
validity of CARB-based detergent certifications will use the subject
detergent in test fuel(s) containing the relevant fuel parameters at
levels no greater than the maximum levels for which the CARB
certification was granted. The test procedures will be conducted
pursuant to the procedures specified under section 2257 of Title 13,
California Code of Regulations.
(c) Confirmatory testing conducted to evaluate the validity of
registration and certification information specific to detergent use in
leaded gasoline will use the subject detergent in a test fuel containing
the test fuel parameters at levels no greater than those prescribed in
Sec. 80.164. EPA will make all reasonable efforts to use the same test
procedure for confirmatory testing purposes as was used by the certifier
in conducting deposit control performance testing.
(d) When EPA decides to conduct confirmatory testing on a fuel or
additive which is not readily available in the open market, EPA may
request that the detergent certifier and/or manufacturer of such fuel or
additive furnish a sample in the needed quantity. If testing is
conducted to evaluate the validity of a detergent certification under
the fuel-specific option, the detergent blender must supply EPA with
test fuel, or with blend stocks with which to formulate such test fuel,
in sufficient quantity to conduct the specified deposit control
performance testing. The fuel or additive manufacturer shall comply with
a sample request made pursuant to this paragraph within 30 days of
receipt of the request.
[61 FR 35372, July 5, 1996, as amended at 79 FR 23649, Apr. 28, 2014]
Sec. 80.168 Detergent certification program controls and prohibitions.
(a)(1) No person shall sell, offer for sale, dispense, supply, offer
for supply, transport, or cause the transportation of gasoline to the
ultimate consumer for use in motor vehicles or in any off-road engines
(except as provided in Sec. 80.173), or to a gasoline retailer or
wholesale purchaser-consumer, and no person shall detergent-additize
gasoline, unless such gasoline is additized in conformity with the
requirements of Sec. 80.161. No person shall cause the presence of any
gasoline in the gasoline distribution system unless such gasoline is
additized in conformity with the requirements of Sec. 80.161.
(2) Gasoline has been additized in conformity with the requirements
of Sec. 80.161 when the detergent component satisfies the requirements
of Sec. 80.161 and when:
(i) The gasoline has been additized in conformity with the detergent
composition and purpose-in-use specifications of a detergent certified
in accordance with this subpart, and in accordance with at least the
minimum concentration specifications of that detergent as certified or
as otherwise provided under Sec. 80.161(d); or
(ii) The gasoline is composed of two or more commingled gasolines
and each component gasoline has been
[[Page 238]]
additized in conformity with the detergent composition and purpose-in-
use specifications of a detergent certified in accordance with this
subpart, and in accordance with at least the minimum concentration
specifications of that detergent as certified or as otherwise provided
under Sec. 80.161(d); or
(iii) The gasoline is composed of a gasoline commingled with a post-
refinery component (PRC), and both of these components have been
additized in conformity with the detergent composition and use
specifications of a detergent certified in accordance with this subpart,
and in accordance with at least the minimum concentration specifications
of that detergent as certified or as otherwise provided under Sec.
80.161(d).
(b) No person shall blend detergent into gasoline or PRC unless such
person complies with the volumetric additive reconciliation requirements
of Sec. 80.170.
(c) No person shall sell, offer for sale, dispense, supply, offer
for supply, store, transport, or cause the transportation of any
gasoline, detergent, or detergent-additized PRC, unless the product
transfer document for the gasoline, detergent or detergent-additized PRC
complies with the requirements of Sec. 80.171.
(d) No person shall refine, import, manufacture, sell, offer for
sale, dispense, supply, offer for supply, store, transport, or cause the
transportation of any detergent that is to be used as a component of
detergent-additized gasoline or detergent-additized PRC unless such
detergent conforms with the composition specifications of a detergent
certified in accordance with this subpart and the detergent otherwise
complies with the requirements of Sec. 80.161. No person shall cause
the presence of any detergent in the detergent, PRC, or gasoline
distribution systems unless such detergent complies with the
requirements of Sec. 80.161.
(e)(1) No person shall sell, offer for sale, dispense, supply, offer
for supply, transport, or cause the transportation of detergent-
additized PRC unless the PRC has been additized in conformity with the
requirements of Sec. 80.161. No person shall cause the presence in the
PRC or gasoline distribution systems of any detergent-additized PRC that
fails to conform to the requirements of Sec. 80.161.
(2) PRC has been additized in conformity with the requirements of
Sec. 80.161 when the detergent component satisfies the requirements of
Sec. 80.161 and when:
(i) The PRC has been additized in accordance with the detergent
composition and use specifications of a detergent certified in
accordance with this subpart and in conformity with at least the minimum
concentration specifications of that detergent as certified or as
otherwise provided under Sec. 80.161(d), or
(ii) The PRC is composed of two or more commingled PRCs, and each
component has been additized in accordance with the detergent
composition and use specifications of a detergent certified in
accordance with this subpart, and in conformity with at least the
minimum concentration specifications of that detergent as certified or
as otherwise provided under Sec. 80.161(d).
[61 FR 35373, July 5, 1996]
Sec. 80.169 Liability for violations of the detergent certification
program controls and prohibitions.
(a) Persons Liable--(1) Gasoline non-conformity. Where gasoline
contained in any storage tank at any facility owned, leased, operated,
controlled or supervised by any gasoline refiner, importer, carrier,
distributor, reseller, retailer, wholesale purchaser-consumer, oxygenate
blender, or detergent blender, is found in violation of any of the
prohibitions specified in Sec. 80.168(a), the following persons shall
be deemed in violation:
(i) Each gasoline refiner, importer, carrier, distributor, reseller,
retailer, wholesale purchaser-consumer, oxygenate blender, or detergent
blender, who owns, leases, operates, controls or supervises the facility
(including, but not limited to, a truck or individual storage tank)
where the violation is found;
(ii) Each gasoline refiner, importer, distributor, reseller,
retailer, wholesale purchaser-consumer, oxygenate blender, detergent
manufacturer, distributor, or blender, who refined, imported,
manufactured, sold, offered for sale, dispensed, supplied, offered for
[[Page 239]]
supply, stored, detergent additized, transported, or caused the
transportation of the detergent-additized gasoline (or the base gasoline
component, the detergent component, or the detergent-additized post-
refinery component of the gasoline) that is in violation, and each such
party that caused the gasoline that is in violation to be present in the
gasoline distribution system; and
(iii) Each gasoline carrier who dispensed, supplied, stored, or
transported any gasoline in the storage tank containing gasoline found
to be in violation, and each detergent carrier who dispensed, supplied,
stored, or transported the detergent component of any PRC or gasoline in
the storage tank containing gasoline found to be in violation, provided
that EPA demonstrates, by reasonably specific showings by direct or
circumstantial evidence, that the gasoline or detergent carrier caused
the violation.
(2) Post-refinery component non-conformity. Where detergent-
additized PRC contained in any storage tank at any facility owned,
leased, operated, controlled or supervised by any gasoline refiner,
importer, carrier, distributor, reseller, retailer, wholesale purchaser-
consumer, oxygenate blender, detergent manufacturer, carrier,
distributor, or blender, is found in violation of the prohibitions
specified in Sec. 80.168(e), the following persons shall be deemed in
violation:
(i) Each gasoline refiner, importer, carrier, distributor, reseller,
retailer, wholesale-purchaser consumer, oxygenate blender, detergent
manufacturer, carrier, distributor, or blender, who owns, leases,
operates, controls or supervises the facility (including, but not
limited to, a truck or individual storage tank) where the violation is
found;
(ii) Each gasoline refiner, importer, distributor, reseller,
retailer, wholesale purchaser-consumer, oxygenate blender, detergent
manufacturer, distributor, or blender, who sold, offered for sale,
dispensed, supplied, offered for supply, stored, detergent additized,
transported, or caused the transportation of the detergent-additized PRC
(or the detergent component of the PRC) that is in violation, and each
such party that caused the PRC that is in violation to be present in the
PRC or gasoline distribution systems; and
(iii) Each carrier who dispensed, supplied, stored, or transported
any detergent-additized PRC in the storage tank containing PRC that is
in violation, and each detergent carrier who dispensed, supplied,
stored, or transported the detergent component of any detergent-
additized PRC which is in the storage tank containing detergent-
additized PRC found to be in violation, provided that EPA demonstrates
by reasonably specific showings by direct or circumstantial evidence,
that the gasoline or detergent carrier caused the violation.
(3) Detergent non-conformity. Where the detergent (prior to
additization) contained in any storage tank or container found at any
facility owned, leased, operated, controlled or supervised by any
gasoline refiner, importer, carrier, distributor, reseller, retailer,
wholesale purchaser-consumer, oxygenate blender, detergent manufacturer,
carrier, distributor, or blender, is found in violation of the
prohibitions specified in Sec. 80.168(d), the following persons shall
be deemed in violation:
(i) Each gasoline refiner, importer, carrier, distributor, reseller,
retailer, wholesale purchaser-consumer, oxygenate blender, detergent
manufacturer, carrier, distributor, or blender, who owns, leases,
operates, controls or supervises the facility (including, but not
limited to, a truck or individual storage tank) where the violation is
found;
(ii) Each gasoline refiner, importer, distributor, reseller,
retailer, wholesale purchaser-consumer, oxygenate blender, detergent
manufacturer, distributor, or blender, who sold, offered for sale,
dispensed, supplied, offered for supply, stored, transported, or caused
the transportation of the detergent that is in violation, and each such
party that caused the detergent that is in violation to be present in
the detergent, gasoline, or PRC distribution systems; and
(iii) Each gasoline or detergent carrier who dispensed, supplied,
stored, or transported any detergent which is in the storage tank or
container containing detergent found to be in violation, provided that
EPA demonstrates,
[[Page 240]]
by reasonably specific showings by direct or circumstantial evidence,
that the gasoline or detergent carrier caused the violation.
(4) Volumetric additive reconciliation. Where a violation of the
volumetric additive reconciliation requirements established by Sec.
80.168(b) has occurred, the following persons shall be deemed in
violation:
(i) Each detergent blender who owns, leases, operates, controls or
supervises the facility (including, but not limited to, a truck or
individual storage tank) where the violation has occurred; and
(ii) Each gasoline refiner, importer, carrier, distributor,
reseller, retailer, wholesale purchaser-consumer, or oxygenate blender,
and each detergent manufacturer, carrier, distributor, or blender, who
refined, imported, manufactured, sold, offered for sale, dispensed,
supplied, offered for supply, stored, transported, or caused the
transportation of the detergent-additized gasoline, the base gasoline
component, the detergent component, or the detergent-additized PRC of
the gasoline that is in violation, provided that EPA demonstrates, by
reasonably specific showings by direct or circumstantial evidence, that
such person caused the violation.
(5) Product transfer document. Where a violation of Sec. 80.168(c)
is found at a facility owned, leased, operated, controlled, or
supervised by any gasoline refiner, importer, carrier, distributor,
reseller, retailer, wholesale purchaser-consumer, oxygenate blender,
detergent manufacturer, carrier, distributor, or blender, the following
persons shall be deemed in violation: each gasoline refiner, importer,
carrier, distributor, reseller, retailer, wholesale purchaser-consumer,
oxygenate blender, detergent manufacturer, carrier, distributor, or
blender, who owns, leases, operates, control or supervises the facility
(including, but not limited to, a truck or individual storage tank)
where the violation is found.
(b) Branded Refiner Vicarious Liability. Where any violation of the
prohibitions specified in Sec. 80.168 has occurred, with the exception
of violations of Sec. 80.168(c), a refiner will also be deemed liable
for violations occurring at a facility operating under such refiner's
corporate, trade, or brand name or that of any of its marketing
subsidiaries. For purposes of this section, the word facility includes,
but is not limited to, a truck or individual storage tank.
(c) Defenses. (1) In any case in which a gasoline refiner, importer,
distributor, carrier, reseller, retailer, wholesale purchaser-consumer,
oxygenate blender, detergent distributor, carrier, or blender, is in
violation of any of the prohibitions of Sec. 80.168, pursuant to
paragraph (a) or (b) of this section as applicable, the regulated party
shall be deemed not in violation if it can demonstrate:
(i) That the violation was not caused by the regulated party or its
employee or agent (unless otherwise provided in this paragraph (c));
(ii) That product transfer documents account for the gasoline,
detergent, or detergent-additized PRC in violation and indicate that the
gasoline, detergent, or detergent-additized PRC satisfied relevant
requirements when it left the party's control; and
(iii) That the party has fulfilled the requirements of paragraphs
(c) (2) or (3) of this section, as applicable.
(2) Branded refiner. Where a branded refiner is in violation of any
of the prohibitions of Sec. 80.168 as a result of violations occurring
at a facility (including, but not limited to, a truck or individual
storage tank) which is operating under the corporate, trade or brand
name of a refiner or that of any of its marketing subsidiaries, the
refiner shall be deemed not in violation if it can demonstrate, in
addition to the defense requirements stated in paragraph (c)(1) of this
section, that the violation was caused by:
(i) An act in violation of law (other than these regulations), or an
act of sabotage or vandalism, whether or not such acts are violations of
law in the jurisdiction where the violation of the prohibitions of Sec.
80.168 occurred; or
(ii) The action of any gasoline refiner, importer, reseller,
distributor, oxygenate blender, detergent manufacturer, distributor,
blender, or retailer
[[Page 241]]
or wholesale purchaser-consumer supplied by any of these persons, in
violation of a contractual undertaking imposed by the refiner designed
to prevent such action, and despite the implementation of an oversight
program, including, but not limited to, periodic review of product
transfer documents by the refiner to ensure compliance with such
contractual obligation; or
(iii) The action of any gasoline or detergent carrier, or other
gasoline or detergent distributor not subject to a contract with the
refiner but engaged by the refiner for transportation of gasoline, PRC,
or detergent, to a gasoline or detergent distributor, oxygenate blender,
detergent blender, gasoline retailer or wholesale purchaser consumer,
despite specification or inspection of procedures or equipment by the
refiner which are reasonably calculated to prevent such action.
(iv) In this paragraph (c)(2), to show that the violation ``was
caused'' by any of the specified actions, the party must demonstrate by
reasonably specific showings, by direct or circumstantial evidence, that
the violation was caused or must have been caused by another.
(3) Detergent blender. In any case in which a detergent blender is
liable for violating any of the prohibitions of Sec. 80.168, the
detergent blender shall not be deemed in violation if it can
demonstrate, in addition to the defense requirements stated in paragraph
(c)(1) of this section, the following:
(i) That it obtained or supplied, as appropriate, prior to the
detergent blending, accurate written instructions from the detergent
manufacturer or other party with knowledge of such instructions,
specifying the appropriate LAC for the detergent, as specified in Sec.
80.161(b)(1)(ii), together with any use restrictions which pertain to
this LAC pursuant to the detergent's certification; and
(ii) That it has implemented a quality assurance program that
includes, but is not limited to, a periodic review of its supporting
product transfer and volume measurement documents to confirm the
correctness of its product transfer and volumetric additive
reconciliation documents created for all products it additized.
(4) Detergent manufacturer. (i) Presumptive Liability Affirmative
Defense. Notwithstanding the provisions of paragraph (c)(1) of this
section, in any case in which a detergent manufacturer is liable for
violating any of the prohibitions of Sec. 80.168, the detergent
manufacturer shall be deemed not in violation if it can demonstrate each
of the following:
(A) Product transfer documents which account for the detergent
component of the product in violation and which indicate that such
detergent satisfied all relevant requirements when it left the detergent
manufacturer's control.
(B) Written blending instructions which, pursuant to Sec.
80.161(c), were supplied by the detergent manufacturer to its customer
who purchased or obtained from the manufacturer the detergent component
of the product determined to be in violation. The written blending
instructions must have been supplied by the manufacturer prior to the
customer's use or sale of the detergent. The instructions must
accurately specify both the appropriate LAC for the detergent, pursuant
to Sec. 80.161(b)(1)(ii), plus any use restrictions which may pertain
to this LAC pursuant to the detergent's certification.
(C) If the detergent batch used in the noncomplying product was
produced less than one year before the manufacturer was notified by EPA
of the possible violation, then the manufacturer must provide FTIR test
results for the batch in question.
(1) The FTIR analysis may have been conducted on the subject
detergent batch at the time it was manufactured, or may be conducted on
a sample of that batch which the manufacturer retained for such purpose
at the time the batch was manufactured.
(2) To establish that, when it left the manufacturer's control, the
detergent component of the noncomplying product was in conformity with
the chemical composition and concentration specifications reported
pursuant to Sec. 80.161(b), the FTIR test results for the detergent
batch used in the noncomplying product must be consistent with the FTIR
results submitted at the time of registration pursuant to Sec.
80.162(d).
[[Page 242]]
(D) If the detergent batch used in the noncomplying product was
produced more than one year prior to the manufacturer's notification by
EPA of the possible violation, then the manufacturer must provide
either:
(1) FTIR test results for the batch in question as specified in the
preceding paragraph (c)(4)(i)(C) of this Sec. 80.169(c); or
(2) The following materials:
(i) Documentation for the batch in question, showing that its
measured viscosity, density, and basic nitrogen content, or any other
such physical parameter(s) which EPA may have approved for monitoring
production quality control, were within the acceptable range of
production values specified in the certification pursuant to Sec.
80.162(e); and
(ii) If the detergent registration identifies polymeric component(s)
of the detergent package as the product(s) of other chemical reactants,
documentation that the reagents used to synthesize the detergent batch
in question were the same as those specified in the registration and
that they met the manufacturer's normal acceptance criteria reported
pursuant to Sec. 80.162(b)(1).
(ii) Detergent manufacturer causation liability. In any case in
which a detergent manufacturer is liable for a violation of Sec.
80.168, and the manufacturer establishes an affirmative defense to such
liability pursuant to Sec. 80.169(c)(4)(i), the detergent manufacturer
will nonetheless be deemed liable for the violation of Sec. 80.168 if
EPA can demonstrate, by reasonably specific showings by direct or
circumstantial evidence, that the detergent manufacturer caused the
violation.
(5) Defense against liability where more than one party may be
liable for VAR violations. In any case in which a party is presumptively
or vicariously liable for a violation of Sec. 80.170, except for the
VAR record requirements pursuant to Sec. 80.170(g), such party shall
not be deemed liable if it can establish the following:
(i) Prior to the violation it had entered into a written contract
with another potentially liable detergent blender party (``the assuming
party''), under which that other party assumed legal responsibility for
fulfilling the VAR requirement that had been violated;
(ii) The contract included reasonable oversight provision to ensure
that the assuming party fulfilled its VAR responsibilities (including,
but not limited to, periodic review of VAR records) and the oversight
provision was actually implemented by the party raising the defense;
(iii) The assuming party is fiscally sound and able to pay its
penalty for the VAR violation; and
(iv) The employees or agents of the party raising the defense did
not cause the violation.
(6) Defense to liability for gasoline non-conformity violations
caused solely by the addition of misadditized ethanol or other PRC to
the gasoline. In any case in which a party is presumptively or
vicariously liable for a gasoline non-conformity violation of Sec.
80.168(a) caused solely by another party's addition of misadditized
ethanol or other PRC to the gasoline, the former party shall not be
deemed liable for the violation, provided that it can establish that it
has fulfilled the defense requirements of paragraphs (c)(1) (i) and (ii)
of this section.
(7) Detergent tank transitioning defenses. The commingling of two
detergents in the same detergent storage tank will not be deemed to
violate or cause violations of any of the provisions of this subpart,
provided the following conditions are met:
(i) The commingling must occur during a legitimate detergent
transitioning event, i.e., a shift from the use of one detergent to
another through the delivery of the new detergent into the same tank
that contains the original detergent; and
(ii) Any use restrictions applicable to the new detergent's
certification also apply to the combined detergents; and
(iii) The commingling event must be documented, either on the VAR
formula record or on attached supporting records; and
(iv) Notwithstanding any contrary provisions in Sec. 80.170, a VAR
formula record must be created for the combined detergents. The VAR
compliance period must begin no later than the
[[Page 243]]
time of the commingling event. However, at the blender's option, the
compliance period may begin earlier, thus including use of the
uncombined original detergent within the same period, provided that the
31-day limitation pursuant to Sec. 80.170(a)(6) is not exceeded; and
(v) The VAR formula record must also satisfy the requirements in one
of the following paragraphs (c)(7)(v) (A) through (C) of this section,
whichever applies to the commingling event. If neither paragraph
(c)(7)(v) (A) nor (B) of this section initially applies, then the
blender may drain and subsequently redeliver the original detergent into
the tank in restricted amounts, in order to meet the conditions of
paragraph (c)(7)(v) (A) or (B) of this section. Otherwise, the blender
must comply with paragraph (c)(7)(v)(C) of this section.
(A) If both detergents have the same LAC, and the original detergent
accounts for no more than 20 percent of the tank's total delivered
volume after addition of the new detergent, then the VAR formula record
is required to identify only the use of the new detergent.
(B) If the two detergents have different LACs and the original
detergent accounts for 10 percent or less of the tank's total delivered
volume after addition of the new detergent, then the VAR formula record
is required to identify only the use of the new detergent, and must
attain the LAC of the new detergent. If the original detergent's LAC is
greater than that of the new detergent, then the compliance period may
begin earlier than the date of the commingling event (pursuant to
paragraph (c)(7)(iv) of this section) only if the original detergent
does not exceed 10 percent of the total detergent used during the
compliance period.
(C) If neither of the preceding paragraphs (c)(7)(v) (A) or (B) of
this section applies, then the VAR formula record must identify both of
the commingled detergents, and must use and attain the higher LAC of the
two detergents. Once the commingled detergent has been depleted by an
amount equal to the volume of the original detergent in the tank at the
time the new detergent was added, subsequent VAR formula records must
identify and use the LAC of only the new detergent.
(8) Transition from noncertified to certified detergent.
Notwithstanding the prohibitions in Sec. Sec. 80.161(a)(3) and 80.168,
after June 30, 1997, the addition to gasoline or PRC of a detergent
which has not been certified pursuant to Sec. 80.161 shall not be
deemed to violate or cause violations of provisions of this subpart,
provided that all of the following conditions are met:
(i) The detergent was received by the detergent blender prior to
July 1, 1997 and is used prior to January 1, 1998. Documentation which
supports these dates must be maintained for at least five years and must
be available for EPA's inspection upon request;
(ii) The detergent is added to gasoline or PRC only in combination
with a certified detergent and, at any one time, accounts for no more
than 10 percent of the detergent tank's delivered volume;
(iii) The total volume of detergent added to the gasoline or PRC is
sufficient to attain the LAC of the certified detergent; and
(iv) Use restrictions associated with the certified detergent are
adhered to.
(9) Procedures for curing use restrictions. In the case of a fuel
product which has been additized with a detergent under the conditions
of a use-restricted certification (pursuant to Sec. 80.163), the use
restriction can be negated (``cured'') by application of the procedures
in this paragraph (c)(9). A party shall not be liable for violations of
Sec. 80.168(a) or (e) caused solely by the additization or subsequent
use of gasoline or PRC in violation of such use restriction, provided
that the following steps and conditions are applied before EPA has
identified the nonconformity and prior to the sale or transfer of
nonconforming product to the ultimate consumer:
(i) Additional detergent must be added in sufficient quantity to
provide effective deposit control, taking into account both the amount
of detergent previously added and the final anticipated volume and
composition of the subject fuel product.
[[Page 244]]
(ii) The additional detergent may be either the original detergent
or a different detergent, so long as the additional detergent has been
separately certified both for use with the subject fuel product and for
use with the type of fuel product associated with the restriction which
the party wishes to negate by the curing procedure. Detergents which
have not been separately certified for both types of fuel products are
not eligible to be used for this curing procedure.
(iii) If a fuel product has been detergent additized under the
conditions of a use-restricted certification which would preclude the
addition of an oxygenate or other PRC, then such oxygenate or other PRC
may nevertheless be added to that fuel product under this curing
procedure, provided that additional eligible detergent is added, in an
amount which equals or exceeds the number of gallons (DA)
derived from the following equation:
Additional Detergent Volume = DA = Vp(LAC2 -
LAC1) + V(1 - p)LAC2
where:
V = Final volume of fuel product (in gallons)
p = Fraction of final fuel product composed of the original (uncombined)
fuel product
LAC2 = Detergent's LAC certified for the final combined fuel
product (in gallons of detergent per 1,000 gallons of fuel
product)
LAC1 = Detergent's LAC certified for the original
(uncombined) fuel product (in gallons of detergent per 1,000
gallons of fuel product)
(iv) In other instances in which gasoline or PRC has been additized
in violation of a detergent use restriction, and no additional fuel
components are to be added, such use restriction can be cured by the
addition of eligible detergent in an amount which equals or exceeds the
number of gallons (DA) derived from the following equation, which is a
simplified version of the previous equation:
Additional Detergent Volume = DA = V(LAC2 -
LAC1)
where:
V = Volume of fuel product (in gallons) to be cured of the use
restriction
LAC2 = Detergent's LAC certified for the fuel product without
the use restriction (in gallons of detergent per 1,000 gallons
of fuel product)
LAC1 = Detergent's LAC certified for the fuel product with
the use restriction to be cured (in gallons of detergent per
1,000 gallons of fuel product)
(v) In all such instances, a curing VAR must be created and
maintained, which documents the use of the appropriate equation as
specified above, and otherwise complies with the requirements of Sec.
80.170(f)(6).
[61 FR 35373, July 5, 1996, as amended at 61 FR 58747, Nov. 18, 1996; 66
FR 55890, Nov. 5, 2001]
Sec. 80.170 Volumetric additive reconciliation (VAR), equipment
calibration, and recordkeeping requirements.
This section contains requirements for automated detergent blending
facilities and hand-blending detergent facilities. All gasoline and all
PRC intended for use in gasoline must be additized unless otherwise
noted in supporting VAR records, and must be accounted for in VAR
records. The VAR reconciliation standard is attained under this section
when the actual concentration of detergent used per VAR formula record
equals or exceeds the applicable LAC certified for that detergent
pursuant to Sec. 80.161(b)(3)(ix) or, if appropriate, Sec. 80.161(d).
If a given detergent package has been certified under more than one
certification option pursuant to Sec. 80.163, then a separate VAR
formula record must be created for gasoline or PRC additized on the
basis of each certification and its respective LAC. In such cases, the
amount of the detergent used under different certification options must
be accurately and separately measured, either through the use of a
separate storage tank, a separate meter, or some other measurement
system that is able to accurately distinguish its use. Recorded volumes
of gasoline, detergent, and PRC must be expressed to the nearest gallon
(or smaller units), except that detergent volumes of five gallons or
less must be expressed to the nearest tenth of a gallon (or smaller
units). However, if the blender's equipment cannot accurately measure to
the nearest tenth of a gallon, then such volumes must be rounded
downward to the next lower gallon. PRC included in the reconciliation
must be identified. Each VAR formula
[[Page 245]]
record must also contain the following information:
(a) Automated blending facilities. In the case of an automated
detergent blending facility, for each VAR period, for each detergent
storage system and each detergent in that storage system, the following
must be recorded:
(1) The manufacturer and commercial identifying name of the
detergent additive package being reconciled, the LAC, and any use
restriction applicable to the LAC. The LAC must be expressed in terms of
gallons of detergent per thousand gallons of gasoline or PRC, and
expressed to four digits. If the detergent storage system which is the
subject of the VAR formula record is a proprietary system under the
control of a customer, this fact must be indicated on the record.
(2) The total volume of detergent blended into gasoline and PRC, in
accordance with one of the following paragraphs (a)(2)(i) or (ii) of
this section, as applicable.
(i) For a facility which uses in-line meters to measure detergent
usage, the total volume of detergent measured, together with supporting
data which includes one of the following: the beginning and ending meter
readings for each meter being measured, the metered batch volume
measurements for each meter being measured, or other comparable metered
measurements. The supporting data may be supplied on the VAR formula
record or in the form of computer printouts or other comparable VAR
supporting documentation.
(ii) For a facility which uses a gauge to measure the inventory of
the detergent storage tank, the total volume of detergent shall be
calculated from the following equation:
Detergent Volume = (A) - (B) + (C) - (D)
where:
A = Initial detergent inventory of the tank
B = Final detergent inventory of the tank
C = Sum of any additions to detergent inventory
D = Sum of any withdrawals from detergent inventory for purposes other
than the additization of gasoline or PRC.
The value of each variable in this equation must be separately recorded
on the VAR formula record. In addition, a list of each detergent
addition included in variable C and a list of each detergent withdrawal
included in variable D must be provided, either on the formula record or
as VAR supporting documentation.
(3) The total volume of gasoline plus PRC to which detergent has
been added, together with supporting data which includes one of the
following: the beginning and ending meter measurements for each meter
being measured, the metered batch volume measurements for each meter
being measured, or other comparable metered measurements. The supporting
data may be supplied on the VAR formula record or in the form of
computer printouts or other comparable VAR supporting documentation. If
gasoline has intentionally been overadditized in anticipation of the
later addition of unadditized PRC, then the total volume of gasoline
plus PRC recorded must include the expected amount of unadditized PRC to
be added later. In addition, the amount of gasoline which was
overadditized for this purpose must be specified.
(4) The actual detergent concentration, calculated as the total
volume of detergent added (pursuant to paragraph (a)(2) of this
section), divided by the total volume of gasoline plus PRC (pursuant to
paragraph (a)(3) of this section). The concentration must be calculated
and recorded to four digits.
(5) A list of each detergent concentration rate initially set for
the detergent that is the subject of the VAR record, together with the
date and description of each adjustment to any initially set
concentration. The concentration adjustment information may be supplied
on the VAR formula record or in the form of computer printouts or other
comparable VAR supporting documentation. No concentration setting is
permitted below the applicable certified LAC, except as may be modified
pursuant to Sec. 80.161(d) or as described in paragraph (a)(7) of this
section.
(6) The dates of the VAR period, which shall be no longer than
thirty-one days. If the VAR period is contemporaneous with a calendar
month, then specifying the month will fulfill this
[[Page 246]]
requirement; if not, then the beginning and ending dates and times of
the VAR period must be listed. The times may be supplied on the VAR
formula record or in supporting documentation. Any adjustment to any
detergent concentration rate more than 10 percent over the concentration
rate initially set in the VAR period shall terminate that VAR period and
initiate a new VAR period, except as provided in paragraph (a)(7) of
this section.
(7) The concentration setting for a detergent injector may be set
below the applicable LAC, or it may be adjusted more than 10 percent
above the concentration initially set in the VAR period without
terminating that VAR period, provided that:
(i) The purpose of the change is to correct a batch misadditization
prior to the end of the VAR period and prior to the transfer of the
batch to another party, or to correct an equipment malfunction; and
(ii) The concentration is immediately returned after the correction
to a concentration that fulfills the requirements of paragraphs (a) (5)
and (6) of this section; and
(iii) The blender creates and maintains documentation establishing
the date and adjustments of the correction; and
(iv) If the correction is initiated only to rectify an equipment
malfunction, and the amount of detergent used in this procedure is not
added to gasoline within the compliance period, then this amount is
subtracted from the detergent volume listed on the VAR formula record.
(8) If unadditized gasoline has been transferred from the facility,
other than bulk transfers from refineries or pipelines to non-retail
outlets or non-WPC facilities, the total amount of such gasoline must be
specified.
(b) Non-automated facilities. In the case of a facility in which
hand blending or any other non-automated method is used to blend
detergent, for each detergent and for each batch of gasoline and each
batch of PRC to which the detergent is being added, the following shall
be recorded:
(1) The manufacturer and commercial identifying name of the
detergent additive package being reconciled, the LAC, and any use
restriction applicable to the LAC. The LAC must be expressed in terms of
gallons of detergent per thousand gallons of gasoline or PRC, and
expressed to four digits.
(2) The date of the additization that is the subject of the VAR
formula record.
(3) The volume of added detergent.
(4) The volume of the gasoline and/or PRC to which the detergent has
been added. If gasoline has intentionally been overadditized in
anticipation of the later addition of unadditized PRC, then the total
volume of gasoline plus PRC recorded must include the expected amount of
unadditized PRC to be added later. In addition, the amount of gasoline
which was overadditized for this purpose must be specified.
(5) The brand (if known), grade, and leaded/unleaded status of
gasoline, and/or the type of PRC.
(6) The actual detergent concentration, calculated as the volume of
added detergent (pursuant to paragraph (b)(3) of this section), divided
by the volume of gasoline and/or PRC (pursuant to paragraph (b)(4) of
this section). The concentration must be calculated and recorded to four
digits.
(c) Every VAR formula record created pursuant to paragraphs (a) and
(b) of this section shall contain the following:
(1) The signature of the creator of the VAR record;
(2) The date of the creation of the VAR record; and
(3) A certification of correctness by the creator of the VAR record.
(d) Electronically-generated VAR formula and supporting records.
(1) Electronically-generated records are acceptable for VAR formula
records and supporting documentation (including PTDs), provided that
they are complete, accessible, and easily readable. VAR formula records
must also be stored with access and audit security, which must restrict
to a limited number of specified people those who have the ability to
alter or delete the records. In addition, parties maintaining records
electronically must make available to EPA the hardware and software
necessary to review the records.
[[Page 247]]
(2) Electronically-generated VAR formula records may use an
electronic user identification code to satisfy the signature
requirements of paragraph (c)(1) of this section, provided that:
(i) The use of the ID is limited to the record creator; and
(ii) A paper record is maintained, which is signed and dated by the
VAR formula record creator, acknowledging that the use of that
particular user ID on a VAR formula record is equivalent to his/her
signature on the document.
(e) Automated detergent blenders must calibrate their detergent
equipment once in each calendar half year, with the acceptable
calibrations being no less than one hundred twenty days apart. Equipment
recalibration is also required each time the detergent package is
changed, unless written documentation indicates that the new detergent
package has the same viscosity as the previous detergent package.
Detergent package change calibrations may be used to satisfy the
semiannual requirement provided that the calibrations occur in the
appropriate half calendar year and are no less than one hundred twenty
days apart.
(f) The following VAR supporting documentation must also be created
and maintained:
(1) For all automated detergent blending facilities, documentation
reflecting performance of the calibrations required by paragraph (e) of
this section, and any associated adjustments of the automated detergent
equipment;
(2) For all hand-blending facilities which are terminals, a record
specifying, for each VAR period, the total volume in gallons of
transfers from the facility of unadditized base gasoline;
(3) For all detergent blending facilities, product transfer
documents for all gasoline, detergent and detergent-additized PRC
transferred into or out of the facility; in addition, bills of lading,
transfer, or sale for all unadditized PRC transferred into the facility;
(4) For all automated detergent blending facilities, documentation
establishing the brands (if known) and grades of the gasoline which is
the subject of the VAR formula record; and
(5) For all hand blending detergent blenders, the documentation, if
in the party's possession, supporting the volumes of gasoline, PRC, and
detergent reported on the VAR formula record.
(6) For all detergent blending facilities, documentation
establishing the curing of a batch or amount of misadditized gasoline or
PRC, or the curing of a use restriction on the additized gasoline or
PRC, and providing at least the following information: the date of the
curing procedure; the problem that was corrected; the amount, name, and
LAC of the original detergent used; the amount, name, and LAC of the
added curing detergent; and the actual detergent concentration attained
in, and the volume of, the total cured product.
(g) Document retention and availability. All detergent blenders
shall retain the documents required under this section for a period of
five years from the date the VAR formula records and supporting
documentation are created, and shall deliver them upon request to the
EPA Administrator or the Administrator's authorized representative.
(1) Except as provided in paragraph (g)(3) of this section,
automated detergent blender facilities and hand-blender facilities which
are terminals, which physically blend detergent into gasoline, must make
immediately available to EPA, upon request, the preceding twelve months
of VAR formula records plus the preceding two months of VAR supporting
documentation.
(2) Except as provided in paragraph (g)(3) of this section, other
hand-blending detergent facilities which physically blend detergent into
gasoline must make immediately available to EPA, upon request, the
preceding two months of VAR formula records and VAR supporting
documentation.
(3) Facilities which have centrally maintained records at other
locations, or have customers who maintain their own records at other
locations for their proprietary detergent systems, and which can
document this fact to the Agency, may have until the start of the next
business day after the EPA request to supply VAR supporting
documentation, or longer if approved by the Agency.
(4) In this paragraph (g) of this section, the term immediately
available
[[Page 248]]
means that the records must be provided, electronically or otherwise,
within approximately one hour of EPA's request, or within a longer time
frame as approved by EPA.
[61 FR 35377, July 5, 1996]
Sec. 80.171 Product transfer documents (PTDs).
(a) Contents. For each occasion when any gasoline refiner, importer,
reseller, distributor, carrier, retailer, wholesale purchaser-consumer,
oxygenate blender, detergent manufacturer, distributor, carrier, or
blender, transfers custody or title to any gasoline, detergent, or
detergent-additized PRC other than when detergent-additized gasoline is
sold or dispensed at a retail outlet or wholesale purchaser-consumer
facility to the ultimate consumer, the transferor shall provide to the
transferee, and the transferee shall acquire from the transferor,
documents which accurately include the following information:
(1) The name and address of the transferee and transferor; the
address requirement may be fulfilled, in the alternative, through
separate documentation which establishes said addresses and is
maintained by the parties and made available to EPA for the same length
of time as required for the PTDs, provided that the normal business
procedure of these parties is not to identify addresses on PTDs.
(2) The date of the transfer.
(3) The volume of product transferred.
(4)(i) The identity of the product being transferred (i.e., its
identity as base gasoline, detergent, detergent-additized gasoline, or
specified detergent-additized oxygenate or detergent-additized gasoline
blending stock that comprises a detergent-additized PRC). PTDs for
detergent-additized gasoline or PRC are not required to identify the
particular detergent used to additize the product.
(ii) If the product being transferred consists of two or more
different types of product subject to this regulation, i.e., base
gasoline, detergent-additized gasoline, or specified detergent-additized
PRC, component, then the PTD for the commingled product must identify
each such type of component contained in the commingled product.
(5) If the product being transferred is base gasoline, then in
addition to the base gasoline identification, the following warning must
be stated on the PTD: ``Not for sale to the ultimate consumer''. If,
pursuant to Sec. 80.173(a), the product being transferred is exempt
base gasoline to be used for research, development, or test purposes
only, the following warning must also be stated on the PTD: ``For use in
research, development, and test programs only''.
(6) The name of the detergent additive as reported in its
registration must be used to identify the detergent package on its PTD.
(7) If the product being transferred is leaded gasoline, then the
PTD must disclose that the product contains lead and/or phosphorous, as
applicable.
(8) If the product being transferred is gasoline or PRC that has
been additized with detergent under a PADD-specific or CARB-based
certification, or under a certification option which creates an
oxygenate or PRC use restriction, then the PTD for the additized product
must identify the applicable use restriction. The PTD for commingled
additized gasolines or PRCs containing such restrictions must indicate
the applicable restriction(s) from each component.
(9) If the product being transferred is detergent-additized gasoline
or PRC that has been overadditized in anticipation of the later (or
earlier) addition of PRC, then the PTD must include a statement that the
product has been overadditized to account for a specified volume in
gallons, or a specified percentage of the product's total volume, of
additional, specified PRC.
(10) If a detergent package has been certified under only one
certification option, and that option places a use restriction on the
respective LAC, then the PTD must identify the detergent as use-
restricted; the PTD for a detergent package certified with more than one
LAC must identify that the detergent has special use options available.
(11) Base gasoline designated for fuel-specific certification.
(i) The PTD for segregated base gasoline intended for additization
with a
[[Page 249]]
specific fuel-specific detergent pursuant to Sec. 80.163(c) must
indicate that it is for use with the designated, fuel-specific
detergent.
(ii) A PTD for base gasoline may not indicate that the product is
for use with a designated, fuel-specific detergent, unless the entire
quantity of base gasoline is from the segregated fuel supply specified
in the detergent's certification and the gasoline contains only those
oxygenates or PRCs, if any, specified and approved in the detergent's
certification.
(iii) If, pursuant to Sec. 80.163(c)(3), the fuel-specific
certification for the segregated pool of gasoline has established that
no detergent additives are necessary for such gasoline to comply with
this subpart, then the PTD must identify this gasoline as detergent-
equivalent gasoline.
(b) Use of product codes and other non-regulatory language. (1)
Product codes and other non-regulatory language may not be used as a
substitute for the specified PTD warning language specified in paragraph
(a)(6) of this section for base gasoline, except that:
(i) The specified warning language may be omitted for bulk transfers
of base gasoline from a refinery to a pipeline if there is a prior
written agreement between the parties specifying that all such gasoline
is unadditized and will not be transferred to the ultimate consumer;
(ii) Product codes may be used as a substitute for the specified
warning language provided that the PTD is an electronic data interchange
(EDI) document being used solely for the transfer of title to the base
gasoline, and provided that the product codes otherwise comply with the
requirements of this section.
(2) Product codes and other non-regulatory language may not be used
in place of the PTD language specified in paragraph (a)(11) of this
section regarding detergent package use restrictions.
(3) Product codes and other language not specified in this section
may otherwise be used to comply with PTD information requirements,
provided that they are clear, accurate, and not misleading.
(4) If product codes are used, they must be standardized throughout
the distribution system in which they are used, and downstream parties
must be informed of their full meaning.
(c) PTD exemption for small transfers of additized gasoline.
Transfers of additized gasoline are exempt from the PTD requirements of
this section provided all the following conditions are satisfied:
(1) The product is being transferred by a distributor who is not the
product's detergent blender; and
(2) The recipient is a wholesale purchaser-consumer (WPC) or other
ultimate consumer of gasoline, for its own use only or for that of its
agents or employees; and
(3) The volume of additized gasoline being transferred is no greater
than 550 gallons.
(d) Recordkeeping Period. Any person creating, providing or
acquiring product transfer documentation for gasoline, detergent, or
detergent-additized PRC shall retain the documents required by this
section for a period of five years from the date the product transfer
documentation was created, received or transferred, as applicable, and
shall deliver such documents to EPA upon request. WPCs are not required
to retain PTDs of additized gasoline received by them.
[61 FR 35379, July 5, 1996, as amended at 62 FR 60001, Nov. 6, 1997]
Sec. 80.172 Penalties.
(a) General. Any person who violates any prohibition or affirmative
requirement of Sec. 80.168 shall be liable to the United States for a
civil penalty of not more than the sum of $25,000 for every day of such
violation and the amount of economic benefit or savings resulting from
the violation.
(b) Gasoline non-conformity. Any violation of Sec. 80.168(a) shall
constitute a separate day of violation for each and every day the
gasoline in violation remains at any place in the gasoline distribution
system, beginning on the day that the gasoline is in violation of the
respective prohibition and ending on the last day that such gasoline is
offered for sale or is dispensed to any ultimate consumer.
(c) Detergent non-conformity. Any violation of Sec. 80.168(d) shall
constitute a separate day of violation for each and
[[Page 250]]
every day the detergent in violation remains at any place in the
gasoline or detergent distribution system, beginning on the day that the
detergent is in violation of the prohibition and ending on the last day
that detergent-additized gasoline, containing the subject detergent as a
component thereof, is offered for sale or is dispensed to any ultimate
consumer.
(d) Post-refinery component non-conformity. Any violation of Sec.
80.168(e) shall constitute a separate day of violation for each and
every day the PRC in violation remains at any place in the PRC or
gasoline distribution system, beginning on the day that the PRC is in
violation of the respective prohibition and ending on the last day that
detergent-additized gasoline containing the PRC is offered for sale or
is dispensed to any ultimate consumer.
(e) Product transfer document non-conformity. Any violation of Sec.
80.168(c) shall constitute a separate day of violation for every day the
PTD is not fully in compliance. This is to begin on the day that the PTD
is created or should have been created and to end at the later of the
following dates:
(1) The day that the document is corrected and comes into
compliance; or
(2) The day that gasoline not additized in conformity with detergent
certification program requirements, as a result of the PTD non-
conformity, is offered for sale or is dispensed to the ultimate
consumer.
(f) Volumetric additive reconciliation recordkeeping non-conformity.
Any VAR recordkeeping violation of Sec. 80.168(b) shall constitute a
separate day of violation for every day that VAR recordkeeping is not
fully in compliance. Each element of the VAR record keeping program that
is not in compliance shall constitute a separate violation for purposes
of this section.
(g) Volumetric additive reconciliation compliance standard non-
conformity. Any violation of the VAR compliance standard established in
Sec. 80.170 shall constitute a separate day of violation for each and
every day of the VAR compliance period in which the standard was
violated.
(h) Volumetric additive reconciliation equipment calibration non-
conformity. Any VAR equipment calibration violation of Sec. 80.168(b)
shall constitute a separate day of violation for every day a VAR
equipment calibration requirement is not met.
[61 FR 35380, July 5, 1996, as amended at 61 FR 58747, Nov. 18, 1996]
Sec. 80.173 Exemptions.
(a) Research, development, and testing exemptions. Any detergent
that is either in a research, development, or test status, or is sold to
petroleum, automobile, engine, or component manufacturers for research,
development, or test purposes, or any gasoline to be used by, or under
the control of, petroleum, additive, automobile, engine, or component
manufacturers for research, development, or test purposes, is exempted
from the provisions of the detergent certification program, provided
that:
(1) The detergent (or fuel containing the detergent), or the
gasoline, is kept segregated from non-exempt product, and the party
possessing the product maintains documentation identifying the product
as research, development, or testing detergent or fuel, as applicable,
and stating that it is to be used only for research, development, or
testing purposes; and
(2) The detergent (or fuel containing the detergent), or the
gasoline, is not sold, dispensed, or transferred, or offered for sale,
dispensing, or transfer, from a retail outlet. It shall also not be
sold, dispensed, or transferred or offered for sale, dispensing, or
transfer from a wholesale purchaser-consumer facility, unless such
facility is associated with detergent, fuel, automotive, or engine
research, development or testing; and
(3) The party using the product for research, development, or
testing purposes, or the party sponsoring this usage, notifies the EPA,
on at least an annual basis and prior to the use of the product, of the
purpose(s) of the program(s) in which the product will be used and the
anticipated volume of the product to be used. The information must be
submitted to the address or fax number specified in Sec. 80.174(c).
(b) Racing fuel and aviation fuel exemptions. Any fuel that is
refined, sold, dispensed, transferred, or offered for
[[Page 251]]
sale, dispensing, or transfer as automotive racing fuel or as aircraft
engine fuel, is exempted from the provisions of this subpart, provided
that:
(1) The fuel is kept segregated from non-exempt fuel, and the party
possessing the fuel for the purposes of refining, selling, dispensing,
transferring, or offering for sale, dispensing, or transfer as
automotive racing fuel or as aircraft engine fuel, maintains
documentation identifying the product as racing fuel, restricted for
non-highway use in racing motor vehicles, or as aviation fuel,
restricted for use in aircraft, as applicable;
(2) Each pump stand at a regulated party's facility, from which such
fuel is dispensed, is labeled with the applicable fuel identification
and use restrictions described in paragraph (b)(1) of this section; and
(3) The fuel is not sold, dispensed, transferred, or offered for
sale, dispensing, or transfer for highway use in a motor vehicle.
(c) California gasoline exemptions. (1) Gasoline or PRC which is
additized in the State of California is exempt from the VAR provisions
in Sec. Sec. 80.168 (b) and (e) and 80.170, provided that:
(i) For all such gasoline or PRC, whether intended for sale within
or outside of California, records of the type required for California
gasoline (specified in title 13, California Code of Regulations, section
2257) are maintained; and
(ii) Such records, with the exception of daily additization records,
are maintained for a period of five years from the date they were
created and are delivered to EPA upon request.
(2) Gasoline or PRC that is transferred and/or sold solely within
the State of California is exempt from the PTD provisions of the
detergent certification program, specified in Sec. Sec. 80.168(c) and
80.171.
(3) Nothing in this paragraph (c) exempts such gasoline or PRC from
the requirements of Sec. 80.168 (a) and (e), as applicable. EPA will
base its determination of California gasoline's conformity with the
detergent's LAC on the additization records required by CARB, or records
of the same type.
[61 FR 35380, July 5, 1996]
Sec. 80.174 Addresses.
(a) The detergent additive sample required under Sec. 80.161(b)(2)
shall be sent to: Manager, Fuels and Technical Analysis Group, Testing
Services Division, U.S. Environmental Protection Agency, National
Vehicle and Fuel Emissions Laboratory, 2565 Plymouth Road, Ann Arbor,
Michigan 48105.
(b) Other detergent registration and certification data, and certain
other information which may be specified in this subpart, shall be sent
to: Detergent Additive Certification, Director, Fuels and Energy
Division, U.S. Environmental Protection Agency (6406J), 1200
Pennsylvania Ave., NW., Washington, DC 20460.
(c) Notifications to EPA regarding program exemptions, detergent
dilution and commingling, and certain other information which may be
specified in this subpart, shall be sent to: Detergent Enforcement
Program, U.S. Environmental Protection Agency, Suite 214, 12345 West
Alameda Parkway, Denver, CO 80228, (FAX 303-969-6490).
[61 FR 35381, July 5, 1996]
Sec. 80.175 [Reserved]
Sec. 80.176 Alternative certification test procedures and standards.
This section specifies the deposit control test requirements and
performance standards which must be met in order to certify detergent
additives for use in unleaded gasoline pursuant to Sec.
80.161(b)(1)(ii)(A)(2). These standards must be met in the context of
the specific test procedures identified in paragraphs (a) and (b) of
this section. Testing must be conducted and the performance standards
met when the subject detergent additive is mixed in a test fuels meeting
all relevant requirements of Sec. 80.177. Complete test documentation
must be submitted by the certifying party within 30 days of receipt of a
written request from EPA for such records.
(a) Fuel injector deposit control testing. The required test fuel
must produce no more than one inoperative injector when tested in
accordance with the fuel injector deposit test procedure specified in
paragraph (c) of this section.
[[Page 252]]
(b) Intake valve deposit control testing. The required test fuel
must produce the accumulation of less than 50 mg of intake valve
deposits on average when tested in accordance with ASTM D6201. ASTM
D6201-04 (Reapproved 2009), ``Standard Test Method for Dynamometer
Evaluation of Unleaded Spark-Ignition Engine Fuel for Intake Valve
Deposit Formation,'' approved June 1, 2009, is incorporated by reference
into this section with the approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition
other than that specified in this section, a document must be published
in the Federal Register and the material must be available to the
public. Copies are available from ASTM International, 100 Barr Harbor
Dr., P.O. Box C700, West Conshohocken, PA 19428-2959, (877) 909-ASTM,
http://www.astm.org. The document is also available for inspection at
the Air and Radiation Docket and Information Center (Air Docket) in the
EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301
Constitution Ave. NW., Washington, DC. The EPA/DC Public Reading Room
hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number of the EPA/DC Public
Reading Room is (202) 566-1744, and the telephone number for the Air
Docket is (202) 566-1742. The document is also available for inspection
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030 or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
(1) Tests conducted for the intake valve deposit demonstration test
pursuant to Sec. 80.177(b)(4) and to demonstrate compliance with the
intake valve deposit control standards in this section must be conducted
using the same engine block and cylinder head.
(2) All results must be derived from operationally valid tests in
accordance with the test validation criteria of ASTM D6201.
(3) Test results shall be reported for individual intake valves and
as an average of all intake valves.
(c) Fuel injector deposit test procedure--(1) Summary of test
procedure. After flushing the vehicle fuel system with the fuel to be
tested and installing new injectors, an automatic starter control system
starts the vehicle and lets it idle for five minutes. The engine is then
shut off and allowed to soak for 25 minutes. This cycle is repeated for
a total of 192 cycles (96 hours). During this time, the engine is kept
at operating temperature with block heaters. After the 96 hours of
start/soak cycles, the engine is allowed to hot-soak for 48 hours,
during which time the engine is not started but is maintained at
operating temperature. At the end of the 48-hour hot soak, the block
heaters are turned off and the engine is allowed to cool naturally to
room temperature. At the end of this 48-hour ambient temperature soak,
an injector balance test is conducted to determine whether any poppet
nozzles are stuck closed.
(2) Facilities and equipment--(i) Location. A temperature-controlled
garage or large room is needed. A dynamometer is not needed, since this
test is an idle test. The room temperature shall be maintained in the
range of 68-75 [deg]F. The room shall be equipped with an exhaust system
that connects to the vehicle tail pipe to remove the exhaust gases from
the building. It is recommended that an interlock be provided so that if
the building exhaust system fails, the vehicle test will shut down.
(ii) Electrical power. Two 110-volt, 15-amp circuits are needed (20-
amp circuits are recommended) to operate the four block heaters and a
battery charger.
(iii) Fuel drain facility. A facility is required to drain the fuel
from the vehicle between tests. The fuel is drained from the service
port on the fuel rail, near the back of the engine. A commercial cart
equipped with a tank and a suction pump is recommended for this
operation.
(iv) Vehicle. A Chevrolet Astro or GMC Safari van, model year 1998-
2001, shall be used for the test. Either two-wheel drive or all-wheel
drive is satisfactory, although the former allows easier installation of
the block heaters.
[[Page 253]]
(v) Injectors. New injectors, General Motors part number 17091432,
shall be used for each test.
(vi) Block heaters. Four block heaters, General Motors part number
12371293, are needed for each vehicle. Two heaters shall be installed on
each side of the engine, in the freeze plug locations.
(vii) Battery charger. Because of the large number of starts and the
very short engine running time, a battery charger is needed. It is
recommended that the charger be installed permanently on the vehicle and
remain plugged in while the test is in progress.
(viii) Starter controller. A system is needed to start the engine
automatically and then shut it off after exactly five minutes of
running. A commercial after-market remote starting system connected to a
timer or computer can be used, or a one-of-a-kind system can be designed
and built.
(ix) Tech 2 analyzer. A General Motors Tech 2 analyzer, part number
GM3000094, available from Kent-Moore, shall be used to conduct the
injector balance test.
(x) Fuel pressure gauge. A fuel pressure gauge capable of measuring
fuel system pressure to the nearest 1 psi over the range of 45 to 65
psi, shall be used with the Tech 2 analyzer when conducting the injector
balance test. A pressure transducer shall not be used.
(xi) Gaskets. The upper intake manifold gasket and injector body
gasket will need to be replaced from time to time as they crack, tear,
or wear out from frequent handling during injector replacement.
(3) Initial vehicle preparation--(i) Diagnostics. To help determine
whether a vehicle is satisfactory for use in this injector test
procedure, a thorough inspection and engine diagnostic test shall be
conducted as described in the service manual. Check the cooling system
to be sure the coolant looks clean and there are no signs of rust.
(ii) Block heaters. Install four electric block heaters, General
Motors part number 12371293, in the coolant passages of the engine
block, two on each side of the block. The heaters will be plugged into a
heater control unit. Two of the heaters will remain on at all times
during the first 144 hours of the injector fouling test, while the other
two heaters will be turned on and off by the controller as needed to
maintain an engine temperature of about 100-102 [deg]C during the soak
periods of the test. (The temperature will drop while the engine is
running, as the coolant from the radiator circulates through the engine.
The temperature should recover to 100-102 [deg]C within about 20 minutes
after the engine shuts off.)
(iii) Thermocouples. Install a 1/16-inch Type K thermocouple in a
threaded bolt hole on the rear of the right cylinder head. This
thermocouple provides the feedback signal to the controller to turn two
block heaters on and off. Install another thermocouple in the other hole
near the first thermocouple. This second thermocouple provides a signal
to an over-temperature safety shut-off on the heater controller. If the
engine temperature reaches the set point (110 [deg]C recommended), the
heater controller will signal the starter controller to shut down the
test.
(iv) Fuel system flush. Drain the fuel from the fuel system through
the service port on the fuel rail at the back of the engine. Refuel with
a non-detergent gasoline containing between 5 and 10 percent ethanol.
Drive the vehicle for approximately 100 miles to thoroughly expose all
parts of the fuel system to the fuel. The fuel pump and fuel filters
should not be replaced unless there is a problem with them or if the
vehicle history suggests that replacement would be prudent. If
replacement is necessary, the new parts should first be conditioned by
recirculating a 10% ethanol-gasoline blend (without deposit control
additive) through them for one week.
(v) Oil change. Change the engine oil and oil filter, using oil that
meets the manufacturer's recommended service classification and
viscosity grade.
(vi) Battery charger. Install a battery charger in the vehicle so
that it can be plugged in during the test and keep the battery at full
charge.
(vii) Radiator. Install cardboard or other suitable material on the
front of the radiator to block the flow of air through the radiator
while the engine is running. This will help minimize the drop in coolant
temperature.
(viii) Starter controller. Make the necessary changes to the vehicle
electrical
[[Page 254]]
system so that the engine can be started and stopped automatically on a
programmed schedule. Install a starter controller or computer and
program it to do the following:
(A) Start the engine and let it run for 5 minutes, and then shut it
off and let it hot-soak for 25 minutes.
(B) Repeat the 5/25 cycle for a total of 192 cycles.
(C) Allow a 48-hr hot soak during which the engine is not run but
the engine temperature is maintained at 100-102 [deg]C.
(D) Turn off the heaters for 48 hours.
(E) Continuously count and display the number of cycles that have
been completed throughout the test.
(4) Test procedure. The steps described in paragraphs (c)(3)(i)
though (vi) of this section must be performed by the action described in
paragraph (c)(3)(vii) of this section so that the new injectors are
exposed only to the new test fuel. Take the following additional steps:
(i) Drain the fuel from the vehicle.
(ii) Add approximately 2 gallons of the fuel to be tested.
(iii) Drive the vehicle for approximately 20 miles at speeds up to
approximately 50-60 mph. Approximately every 5 miles, stop the vehicle
and moderately accelerate. If the radiator covering is still in place,
watch the temperature gauge during the driving and avoid overheating the
engine. This step not only flushes the fuel system but also helps remove
carbon (if any) from the spark plugs and water from the exhaust system.
(iv) Drain the fuel from the vehicle and add approximately 1 to 2
gallons of the fuel to be tested.
(v) Drive the vehicle for approximately 5 miles. Watch the
temperature gauge and avoid overheating the engine.
(vi) Drain the fuel from the vehicle and add approximately 10
gallons of the fuel to be tested. (The test consumes about 7.5 gallons
of fuel.)
(vii) Remove the fuel injectors and install new injectors. Run the
engine for a few minutes to be sure it runs properly.
(viii) Park the vehicle in the location where the test will be run.
(ix) Connect the vehicle tail pipe to the building exhaust system.
(x) Depending on the design of the starter control system, remove
fuses and relays as necessary and connect the wires from the controller
to the vehicle fuse box. Close the hood.
(xi) Turn on the vehicle ignition switch and the security bypass
switch if so equipped.
(xii) Turn on the heater controller and be sure that it is working.
(xiii) Turn on the starter controller and the vehicle should start.
(xiv) Monitor the engine temperature for the first few cycles to be
sure it is increasing.
(xv) At the end of the 192-hour (8-day) test, turn off the ignition
switch, starter controller, and heater controller. Return the fuses,
relays, and wires to their standard configuration for normal operation
of the vehicle.
(xvi) Connect the Tech 2 analyzer to the ALDL connector under the
instrument panel, and connect the fuel pressure gauge to the service
port on the fuel rail at the back of the engine.
(xvii) Conduct the injector balance test by following the
instructions on the Tech 2. The injector balance test checks each
injector individually to determine whether the poppet nozzle is stuck
closed. First, the Tech 2 turns on the fuel pump momentarily to
pressurize the fuel system. Then it pulses the injector for a preset
interval. If the injector and poppet nozzle are working properly, the
fuel system pressure will decrease gradually and smoothly by about 8 to
10 psi during the pulsing. If the pressure does not decrease, or
decreases very suddenly but then stops decreasing before the pulsing is
done, the poppet is stuck closed. This procedure, beginning with
pressurizing the fuel system, is carried out for each injector.
[79 FR 23649, Apr. 28, 2014]
Sec. 80.177 Certification test fuels for use with the alternative
test procedures and standards.
(a) General requirements. This section provides specifications for
the test fuels required in conjunction with the alternative national
generic certification option described in Sec. 80.163(a)(1)(iii).
[[Page 255]]
(1) The test fuel characteristics detailed in this section must be
reported to EPA in the detergent certification letter required pursuant
to Sec. 80.161(b)(3).
(2) The levels of the basic fuel parameters specified in this
section (ethanol, olefins, aromatics, sulfur, and 90% evaporation
distillation temperature) must be measured in accordance with applicable
procedures in Sec. 80.46.
(3) No detergent-active substance other than the detergent additive
package undergoing testing may be added to a certification test fuel.
Typical nondetergent additives, such as antioxidants, corrosion
inhibitors, and metal deactivators, may be present in the test fuel at
the discretion of the additive certifier. In addition, any nondetergent
additives (other than oxygenate compounds) which are commonly blended
into gasoline and which are known or suspected to affect IVD or PFID
formation, or to reduce the ability of the detergent in question to
control such deposits, should be added to the test fuel for
certification testing.
(4) Certification test requirements may be satisfied for a detergent
additive using more than one batch of test fuel, provided that each
batch satisfies all applicable test fuel requirements under this
section.
(5) Unless otherwise required by this section, finished test fuels
must conform to the requirements for commercial gasoline described in
ASTM D4814.
(b) Test fuel for intake valve deposit testing. The following
specifications apply for the test fuels required for use in the test
procedure specified in Sec. 80.176(b):
(1) The test fuel must contain no less than 8.0 volume percent and
no more than 10.0 volume percent ethanol. Commercial fuel grade
denatured fuel ethanol must be used that conforms to the requirement of
Sec. 80.1610 and ASTM D4806.
(2) The test fuel must contain no less than 8.0 volume percent
olefins. At least 75 percent of the olefins must be derived from fluid
catalytic cracker unit (FCC) gasoline. Such FCC gasoline can be full-
range FCC gasoline or a mixture of light and heavy FCC gasolines. Such
FCC gasoline must be produced by a commercial gasoline refiner and meet
the following criteria:
(i) The FCC gasoline must be designated by the commercial refiner as
full range FCC gasoline or whole FCC gasoline, and must have a T90
distillation temperature greater than 300 [deg]F.
(ii) If a mixture of light and heavy FCC gasoline is used, heavy FCC
gasoline must contribute at least 50 percent of the sulfur in the
mixture. Heavy FCC gasoline must meet all the following criteria:
(A) The heavy FCC gasoline must be designated by the commercial
refiner as heavy FCC gasoline.
(B) The heavy FCC gasoline must have an API gravity less than 45 and
a T90 distillation temperature greater than 325 [deg]F.
(3) The test fuel must contain no less than 28 volume percent
aromatics.
(4) The test fuel must contain no less than 24 ppm sulfur. At least
60 percent of the sulfur must be derived from FCC gasoline that meets
the specifications in paragraph (b)(2) of this section.
(5) The test fuel must have a T90 distillation temperature of no
less than 290 [deg]F.
(6) The test fuel containing no deposit control additives must
produce no less than 500 mg averaged over all intake valves when
subjected to the intake valve deposit test specified in Sec. 80.176(b).
(7) All gasoline blendstocks used to formulate the test fuel must be
representative of normal refinery operations and shall be derived from
conversion units downstream of distillation. Butanes and pentanes may be
used for vapor pressure adjustment. The use of chemical grade streams is
prohibited.
(c) Test fuel for fuel injector deposit testing: This paragraph
provides specifications for the test fuels required for use in the test
procedure specified in Sec. 80.176(c). The test fuel must conform to
the specifications in either paragraph (c)(1) or (c)(2) of this section.
The same base test fuel must be used for deposit demonstration testing
and for demonstrating compliance with the fuel injector deposit control
standards in Sec. 80.176(a).
[[Page 256]]
(1) Option 1. (i) The test fuel must be a commercial full boiling
range hydrocarbon gasoline or gasoline blending component, without
oxygenates.
(ii) The test fuel containing no deposit control additives must
produce at least 5 inoperable injectors valves when subjected to the
fuel injector deposit test specified in Sec. 80.176(c).
(2) Option 2. (i) The test fuel must meet the requirements for
federal emissions test gasoline specified in Sec. Sec. 80.112 and
80.113 into which 4-methylbenzenethiol has been blended as a
concentration of 56 mg/L.
(ii) The test fuel containing no deposit control additives must
produce at least 4 inoperable injectors valves when subjected to the
fuel injector deposit test specified in Sec. 80.176(c).
(d) Materials incorporated by reference. The published materials
identified in this section are incorporated by reference into this
section with the approval of the Director of the Federal Register under
5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than
that specified in this section, a document must be published in the
Federal Register and the material must be available to the public. All
approved materials are available for inspection at the Air and Radiation
Docket and Information Center (Air Docket) in the EPA Docket Center
(EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave. NW.,
Washington, DC. The EPA/DC Public Reading Room hours of operation are
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.
The telephone number of the EPA/DC Public Reading Room is (202) 566-
1744, and the telephone number for the Air Docket is (202) 566-1742.
These approved materials are also available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call (202) 741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html. In addition, these materials are available from the
sources listed below.
(1) ASTM International material. The following standards are
available from ASTM International, 100 Barr Harbor Dr., P.O. Box C700,
West Conshohocken, PA 19428-2959, (877) 909-ASTM, or http://
www.astm.org;
(i) ASTM D4806-13a, Standard Specification for Denatured Fuel
Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition
Engine Fuel, approved June 15, 2013.
(ii) ASTM D4814-13b, Standard Specification for Automotive Spark-
Ignition Engine Fuel, approved December 1, 2013.
(2) [Reserved]
[79 FR 23651, Apr. 28, 2014]
Subpart H_Gasoline Sulfur
Source: 65 FR 6823, Feb. 10, 2000, unless otherwise noted.
General Information
Sec. Sec. 80.180-80.185 [Reserved]
Sec. 80.190 Who must register with EPA under the sulfur program?
(a) Refiners and importers who are registered by EPA under Sec.
80.76 are deemed to be registered for purposes of this subpart.
(b) Refiners and importers subject to the standards in Sec. 80.195
who are not registered by EPA under Sec. 80.76 must provide to EPA the
information required by Sec. 80.76 by November 1, 2003, or not later
than three months in advance of the first date that such person produces
or imports gasoline, whichever is later.
(c) Refiners with any refinery subject to the small refiner
standards under Sec. 80.240, or refiners subject to the geographic
phase-in area (GPA) standards under Sec. 80.216, who are not registered
by EPA under Sec. 80.76 must provide to EPA the information required
under Sec. 80.76 by December 31, 2000.
(d) Any refiner who plans to generate credits or allotments under
Sec. 80.305 or Sec. 80.275 in any year prior to 2004 who is not
registered by EPA under Sec. 80.76 must register under Sec. 80.76 no
later than September 30 of the year prior to the first year of credit
generation. Any refiner who plans to generate credits in 2000 who is not
registered by EPA under Sec. 80.76 must register under Sec. 80.76 no
later than May 10, 2000.
[[Page 257]]
Gasoline Sulfur Standards
Sec. 80.195 What are the gasoline sulfur standards for refiners
and importers?
(a)(1) The gasoline sulfur standards for refiners and importers,
excluding gasoline produced by small refiners subject to the standards
at Sec. 80.240, and gasoline designated as GPA gasoline under Sec.
80.219(a), are as follows:
------------------------------------------------------------------------
Gasoline sulfur standards for
the averaging period beginning:
--------------------------------
January 1,
January January 2006 and
1, 2004 1, 2005 subsequent
------------------------------------------------------------------------
Refinery or Importer Average........... \(1)\ 30.00 30.00
Corporate Pool Average................. 120.00 90.00 \(1)\
Per-Gallon Cap......................... 300 300 80
------------------------------------------------------------------------
\1\ Not applicable.
(2) The sulfur standards and all compliance calculations for sulfur
under this subpart are in parts per million (ppm) and volumes are in
gallons.
(3) The averaging period is January 1 through December 31 of each
year.
(4) The standards under this paragraph (a) for all imported gasoline
shall be met by the importer.
(b)(1) The refinery or importer annual average gasoline sulfur
standard is the maximum average sulfur level allowed for gasoline
produced at a refinery or imported by an importer during each calendar
year starting January 1, 2005.
(2) The annual average sulfur level is calculated in accordance with
Sec. 80.205.
(3) The refinery or importer annual average gasoline sulfur standard
may be met using credits as provided under Sec. 80.275 or Sec. 80.315.
(4) In 2005 only, the refinery or importer annual average sulfur
standard may be met using allotments or credits as provided under Sec.
80.275, or credits as provided under Sec. 80.315. The same allotments
used to demonstrate compliance with the corporate pool average standard
may be used by a refinery in the corporate pool toward a demonstration
of compliance with the refinery average standard, or by an importer for
demonstration of compliance with the importer average standard.
Alternatively, some of the allotments may be used toward a demonstration
of compliance with the refinery average standard by one refinery in the
corporate pool and the remainder used by another refinery or refineries
in the corporate pool.
(c)(1) The corporate pool average gasoline sulfur standards
applicable in 2004 and 2005 are the maximum average sulfur levels
allowed for a refiner's or importer's gasoline production from all of
the refiner's refineries or all gasoline imported by an importer in a
calendar year. The corporate pool average standards for a party that is
both a refiner and an importer are the maximum average sulfur levels
allowed for all the party's combined gasoline production from all
refineries and imported gasoline in a calendar year.
(2) The corporate pool average is calculated in accordance with the
provisions of Sec. 80.205.
(3) The corporate pool average standard may be met using sulfur
allotments under Sec. 80.275.
(4) The corporate pool average standards do not apply to approved
small refiners subject to the gasoline sulfur standards under Sec.
80.240.
(5)(i) Joint ventures, in which two or more parties collectively own
and operate one or more refineries, will be treated as a separate
refiner under this section.
(ii) One partner to a joint venture may include one or more joint
venture refineries in its corporate pool for purposes of complying with
the corporate pool average standards. The joint venture will be in
compliance for such joint venture refinery(ies) if the partner's
corporate pool average meets the corporate pool average standards. The
joint venture entity must demonstrate compliance with the corporate pool
average standards for any refinery(ies) owned by the joint venture that
are not included in one partner's corporate pool.
(iii) In the case of a refinery that is owned by a two or more
parties that is not a joint venture under this paragraph (c)(5), the
business entity consisting of the joint owners is the refiner of that
refinery. One of the owners of such a refinery may include the refinery
in its corporate pool for purposes of complying with the corporate
[[Page 258]]
pool average standards under this section, with the same requirements
and limitations that apply under paragraph (c)(5)(ii) of this section.
(6)(i) A parent company is the refiner of any refinery facilities
owned by the parent company's wholly-owned subsidiaries for purposes of
compliance with the corporate pool average standards under this section.
(ii) A parent company must include in its corporate pool all of the
gasoline produced at any refineries owned by the parent company and any
refineries owned by the parent company's wholly-owned subsidiaries; or
(iii) A parent company may be deemed in compliance with the
corporate pool average standards if the parent company includes in its
corporate pool the gasoline produced by any refineries owned by the
parent company, and each wholly-owned subsidiary of the parent company
individually complies with the corporate pool average standards for the
gasoline produced at the refineries owned by the wholly-owned
subsidiary.
(d)(1) The per-gallon cap standard is the maximum sulfur level
allowed for each batch of gasoline produced or imported starting January
1, 2004.
(2) In 2004 only, a refiner or importer may produce or import
gasoline with a per-gallon sulfur content greater than 300 ppm, to a
maximum of 350 ppm, provided the following conditions are met:
(i) The refinery or importer becomes subject to an adjusted per-
gallon cap standard in 2005, calculated using the following formula:
ACS = 300-(Smax-300)
Where:
ACS = Adjusted cap standard.
Smax = Maximum sulfur content of any gasoline produced at a
refinery or imported by an importer during 2004.
(ii) The adjusted cap standard calculated under paragraph (d)(2)(i)
of this section applies to all gasoline produced at a refinery or
imported by an importer during 2005.
(iii) The refinery or importer remains subject to the 30.00 average
standard under paragraph (a) of this section for 2005.
(iv) The provisions of this paragraph (d)(2) apply to gasoline
designated as GPA gasoline under Sec. 80.219(a).
(v) The provisions of this paragraph (d)(2) do not apply to small
refiners as defined in Sec. 80.225.
[65 FR 6823, Feb. 10, 2000; 65 FR 10598, Feb. 28, 2000, as amended at 67
FR 40181, June 12, 2002]
Sec. 80.200 What gasoline is subject to the sulfur standards
and requirements?
For the purpose of this subpart, all reformulated and conventional
gasoline and RBOB, collectively called ``gasoline'' unless otherwise
specified, is subject to the standards and requirements under this
subpart, with the following exceptions:
(a) Gasoline that is used to fuel aircraft, racing vehicles or
racing boats that are used only in sanctioned racing events, provided
that:
(1) Product transfer documents associated with such gasoline, and
any pump stand from which such gasoline is dispensed, identify the
gasoline either as gasoline that is restricted for use in aircraft, or
as gasoline that is restricted for use in racing motor vehicles or
racing boats that are used only in sanctioned racing events;
(2) The gasoline is completely segregated from all other gasoline
throughout production, distribution and sale to the ultimate consumer;
and
(3) The gasoline is not made available for use as motor vehicle
gasoline, or dispensed for use in motor vehicles, except for motor
vehicles used only in sanctioned racing events.
(b) California gasoline as defined in Sec. 80.375.
(c) Gasoline that is exported for sale outside the U.S.
Sec. 80.205 How is the annual refinery or importer average and
corporate pool average sulfur level determined?
(a) The annual refinery or importer average and corporate pool
average gasoline sulfur level is calculated as follows:
[[Page 259]]
[GRAPHIC] [TIFF OMITTED] TR10FE00.007
Where:
Sa = The refinery or importer annual average sulfur level, or
corporate pool average level, as applicable.
Vi = The volume of gasoline produced or imported in batch i.
Si = The sulfur content of batch i determined under Sec.
80.330.
n = The number of batches of gasoline produced or imported during the
averaging period.
i = Individual batch of gasoline produced or imported during the
averaging period.
(b) All annual refinery or importer average or corporate pool
average calculations shall be conducted to two decimal places.
(c) A refiner or importer may include oxygenate added downstream
from the refinery or import facility when calculating the sulfur
content, provided the following requirements are met:
(1) For oxygenate added to conventional gasoline, the refiner or
importer must comply with the requirements of Sec. 80.101(d)(4)(ii).
(2) For oxygenate added to RBOB, the refiner or importer must comply
with the requirements of Sec. 80.69(a).
(d) Refiners and importers must 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 Sulfur-FRGAS;
(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 Sec. 80.200.
(e)(1) A refiner or importer may exceed the refinery or importer
annual average sulfur standard specified in Sec. 80.195 for a given
averaging period for any calendar year through 2010, creating a
compliance deficit, provided that in the calendar year following the
year the standard is not met, the refinery or importer shall:
(i) Achieve compliance with the refinery or importer annual average
sulfur standard specified in Sec. 80.195; and
(ii) Use additional sulfur credits sufficient to offset the
compliance deficit of the previous year.
(2) No refiner or importer may have a compliance deficit in any year
after 2010. Any deficit that exists in 2010 must be made up in 2011.
[65 FR 6823, Feb. 10, 2000, as amended at 67 FR 40182, June 12, 2002]
Sec. 80.210 What sulfur standards apply to gasoline downstream
from refineries and importers?
The sulfur standard for gasoline at any point in the gasoline
distribution system downstream from refineries and import facilities,
including gasoline at facilities of distributors, carriers, oxygenate
blenders, retailers and wholesale purchaser-consumers (``downstream
location''), shall be determined in accordance with the provisions of
this section.
(a) Definition. S-RGAS means gasoline that is subject to the
standards under Sec. 80.240 or Sec. 80.270, including Certified
Sulfur-FRGAS as defined in Sec. 80.410, except that no batch of
gasoline may be classified as S-RGAS if the actual sulfur content is
less than the applicable per-gallon refinery cap standard specified in
Sec. 80.195.
(b) Standards for gasoline that does not qualify for S-RGAS
downstream standards. The following standards apply to any gasoline that
does not qualify for S-RGAS downstream standards under in paragraph (d)
of this section:
(1) Starting February 1, 2004 the sulfur content of gasoline at any
downstream location other than at a retail outlet or wholesale
purchaser-consumer facility, and starting March 1, 2004 the sulfur
content of gasoline at any downstream location, shall not exceed 378
ppm.
(2) Except as provided in Sec. 80.220(a), starting February 1, 2005
the sulfur content of gasoline at any downstream location other than at
a retail outlet or wholesale purchaser-consumer facility, and starting
March 1, 2005 the sulfur content of gasoline at any downstream location,
shall not exceed 326 ppm.
[[Page 260]]
(3) Except as provided in Sec. 80.220(a), starting February 1, 2006
the sulfur content of gasoline at any downstream location other than at
a retail outlet or wholesale purchaser-consumer facility, and starting
March 1, 2006 the sulfur content of gasoline at any downstream location,
shall not exceed 95 ppm.
(c) Standards for gasoline that qualifies for S-RGAS downstream
standards. In the case of any gasoline that qualifies for S-RGAS
downstream standards under paragraph (d) of this section, the sulfur
standard shall be the downstream standard for the gasoline calculated
under paragraph (f) of this section. In the case of mixtures of gasoline
that qualify for different S-RGAS downstream standards, the sulfur
standard shall be the highest downstream standard applicable to any of
the S-RGAS in the mixture.
(d) Gasoline that qualifies for S-RGAS downstream standards.
Gasoline qualifies for S-RGAS downstream standards if all of the
following conditions are met:
(1) The gasoline must be comprised in whole or part of S-RGAS.
(2) Product transfer documents applicable to the gasoline when
received at that location must represent that the gasoline contains S-
RGAS.
(3) Except as provided in paragraph (d)(4) of this section, the
gasoline must have been sampled and tested at that location subsequent
to the most recent receipt of gasoline at that location, and the test
result must show a sulfur content greater than:
(i) 350 ppm starting February 1, 2004;
(ii) 300 ppm starting February 1, 2005; and
(iii) 80 ppm (or in the GPA, 300 ppm) starting February 1, 2006.
(4) This sampling and testing condition does not apply for gasoline
at any retail outlet, wholesale purchaser-consumer facility, or
contained in any transport truck.
(e) Product transfer document information for S-RGAS. (1) On each
occasion when any refiner or importer of S-RGAS transfers custody or
title to such gasoline, the refiner or importer shall provide to the
transferee documents that include the following information:
(i) Identification of the gasoline as being S-RGAS; and
(ii) The downstream standard applicable to the batch of gasoline
under paragraph (f) of this section.
(2) Where gasoline in whole or part is classified as S-RGAS when
received by the transferor, and where the gasoline transferred meets the
conditions under paragraph (d) of this section, the transferor shall
provide to the transferee, on each occasion when custody or title to
gasoline is transferred, documents that include the following
information:
(i) Identification of the gasoline as S-RGAS; and
(ii) The applicable downstream standard under paragraph (c) of this
section. This does not apply when gasoline is sold or dispensed for use
in motor vehicles at a retail outlet or wholesale purchaser-consumer
facility.
(3) No person shall classify gasoline as being S-RGAS except as
provided in paragraphs (e)(1) and (e)(2) of this section.
(4) Product codes may be used to convey the information required by
paragraphs (e)(1) and (e)(2) of this section if such codes are clearly
understood by each transferee.
(5) Gasoline from a terminal tank containing S-RGAS that is combined
with gasoline from a terminal tank containing non-S-RGAS for the purpose
of blending mid-grade gasoline in a transport truck may be classified on
product transfer documents as S-RGAS, provided that the S-RGAS was
combined with non-S-RGAS for the sole purpose of producing midgrade
gasoline.
(6) Where S-RGAS is being delivered into a terminal storage tank
containing non-S-RGAS which is simultaneously supplying gasoline to a
transport truck, the terminal may identify the gasoline as S-RGAS before
the delivery into the terminal tank is complete without performing the
tests required in paragraph (d)(3) of this section. Upon completion of
the delivery of S-RGAS into the terminal tank, the terminal may classify
the gasoline as S-RGAS only if it meets the criteria for S-RGAS
following testing in accordance with the requirements of paragraph
(d)(3) of this section.
[[Page 261]]
(7) The information relating to S-RGAS required to be included in
product transfer documentation under this paragraph (e) must be included
in the product transfer documents which accompany the transfer of
custody of the gasoline. Product transfer documents that transfer title
of the gasoline may fulfill the requirements under this paragraph (e) by
indicating that the required information relating to S-RGAS is contained
in the product transfer documents which accompany the transfer of
custody of the gasoline.
(f) Downstream standards applicable to S-RGAS when produced or
imported. (1) The downstream standard applicable to any gasoline
classified as S-RGAS when produced or imported shall be calculated using
the following equation:
D = S + 105 x ((S + 2)/10\4\)\0.4\
Where:
D = Downstream sulfur standard.
S = The sulfur content of the refiner's batch determined under Sec.
80.330.
(2) Where more than one S-RGAS batch is combined, prior to shipment,
at the refinery or import facility where the S-RGAS is produced or
imported, the downstream standard applicable to the mixture shall be the
highest downstream standard, calculated under paragraph (f)(1) of this
section, for any S-RGAS contained in the mixture.
[65 FR 6823, Feb. 10, 2000, as amended at 67 FR 40182, June 12, 2002]
Sec. 80.211 What are the requirements for treating imported
gasoline as blendstock?
An importer may treat imported gasoline (as defined in Sec.
80.2(c)) as gasoline treated as blendstock, or GTAB, under the
provisions of Sec. 80.83 for purposes of compliance with this subpart
H.
[70 FR 74578, Dec. 15, 2005]
Sec. 80.212 What requirements apply to oxygenate blenders?
Effective January 1, 2004, oxygenate blenders who blend oxygenate
into gasoline downstream of the refinery that produced the gasoline or
the import facility where the gasoline was imported, are not subject to
the requirements of this subpart applicable to refiners for this
gasoline, but are subject to the requirements and prohibitions
applicable to downstream parties and the prohibition specified in Sec.
80.385(e).
Sec. 80.213 What alternative sulfur standards and requirements apply
to transmix processors and transmix blenders?
Transmix processors and transmix blenders, as defined in Sec.
80.84(a), may comply with the following requirements instead of the
requirements and standards otherwise applicable to a refiner under
subpart H of this part.
(a) Any transmix processor who recovers transmix gasoline product
(TGP), as defined in Sec. 80.84(a), from transmix through transmix
processing under Sec. 80.84(c) must show through sampling and testing,
using the methods in Sec. 80.330, that the TGP meets the applicable
sulfur standards under Sec. 80.210 or Sec. 80.220, prior to the TGP
leaving the transmix processing facility.
(1) The applicable sulfur standard is the standard in Sec.
80.210(b); or
(2) If the TGP sulfur is greater than the standard in Sec.
80.210(b), and the transmix processor has product transfer documents
that prove the TGP was originally produced by a small refiner, hardship
refiner, or for use in the GPA, the applicable sulfur standard for the
TGP is the downstream sulfur standard corresponding to the original
gasoline.
(b) The sampling and testing required under paragraph (a) of this
section shall be conducted following each occasion TGP is produced.
(c) Any transmix processor who produces gasoline by adding
blendstock to TGP must, for such blendstock, comply with all
requirements and standards that apply to a refiner under subpart H of
this part, and must meet the applicable downstream sulfur standards
under Sec. 80.210 or Sec. 80.220 for the gasoline produced by blending
blendstock and TGP, prior to the gasoline leaving the transmix
processing facility.
(d) Any transmix processor who produces gasoline by blending
blendstock into TGP may meet the sampling and testing requirements of
subpart H of this part as follows:
[[Page 262]]
(1)(i) Sample and test the blendstock when received at the transmix
processing facility, using the methods specified in Sec. 80.330, to
determine the volume and sulfur content, and treat each volume of
blendstock that is blended into a volume of TGP as a separate batch for
purposes of calculating and reporting compliance with the applicable
annual average and per-gallon cap sulfur standards in Sec. 80.195 or
Sec. 80.216, as applicable; or
(ii) Use sulfur test results of the blendstock supplier provided
that the following requirements are met:
(A) Sampling and testing by the blendstock supplier is performed
using the methods specified in Sec. 80.330;
(B) Testing for the sulfur content of the blendstock in the
supplier's storage tank must be conducted subsequent to the last receipt
of blendstock into the supplier's storage tank from which the transmix
processor is supplied;
(C) The transmix processor must obtain a copy of the blendstock
supplier's test results, at the time of each transfer of blendstock to
the transmix processor, that reflect the sulfur content of each load of
blendstock supplied to the transmix processor;
(D) The transmix processor must conduct a quality assurance program
of sampling and testing for each blendstock supplier. The frequency of
blendstock sampling and testing must be one sample for every 500,000
gallons of blendstock received or one sample every 3 months, whichever
results in more frequent sampling; and
(E) If any of the requirements of this paragraph (d)(1)(ii) are not
met, in whole or in part, for any blendstock blended into TGP, that
blendstock is deemed in violation of the gasoline sulfur standards in
Sec. 80.195.
(2) Sample and test each batch of gasoline produced by blending
blendstock into TGP, using the methods specified in Sec. 80.330, to
determine the sulfur content of the batch.
(3) The sulfur content of each batch of gasoline produced by
blending blendstock into TGP must be no greater than the downstream
sulfur standard under Sec. 80.210 or Sec. 80.220 applicable to the
designation of the TGP; and
(4) Gasoline produced by blending blendstock into TGP must be
properly identified on product transfer documents in accordance with the
provisions of Sec. 80.210 or Sec. 80.220, as applicable.
(e) Any transmix blender who produces gasoline by blending transmix,
or mixtures of gasoline and distillate fuel described in Sec. 80.84(e),
into previously certified gasoline under Sec. 80.84(d) must meet the
applicable downstream sulfur standards under Sec. 80.210 or Sec.
80.220 for the gasoline produced by blending transmix and previously
certified gasoline.
(f) Any transmix processor or transmix blender who adds feedstocks
to their transmix other than gasoline, distillate fuel, or gasoline
blendstocks from pipeline interface must meet all requirements and
standards that apply to a refiner under subpart H of this part, other
than Sec. 80.213, for all gasoline they produce during a compliance
period.
[71 FR 31963, June 2, 2006]
Sec. 80.214 [Reserved]
Geographic Phase-In Program
Sec. 80.215 What is the scope of the geographic phase-in program?
(a) Geographic phase-in area. (1) The following states comprise the
geographic phase-in area (GPA) subject to the provisions of the
geographic phase-in program: North Dakota, Montana, Idaho, Wyoming,
Utah, Colorado, New Mexico, and Alaska.
(2) In addition, the following counties within the states identified
in paragraph (a)(2)(i) of this section and the following Federal Indian
reservations in paragraph (a)(2)(ii) of this section are included in the
GPA:
(i) The list of counties follows:
Arizona
Apache
Coconino
Gila
Greenlee
Navajo
Nebraska
Banner
Box Butte
Cheyenne
Dawes
Deuel
Garden
Keith
Kimball
Morrill
Scotts Bluff
Sheridan
Sioux
[[Page 263]]
Nevada
Elko
Eureka
Humboldt
Lander
Lincoln
White Pine
Oregon
Baker
Crook
Gilliam
Grant
Harney
Malheur
Morrow
Sherman
Umatilla
Union
Wallowa
Wheeler
South Dakota
Bennett
Butte
Corson
Custer
Dewey
Fall River
Haakon
Harding
Jackson
Jones
Lawrence
Meade
Mellette
Pennington
Perkins
Shannon
Stanley
Todd
Ziebach
Washington
Adams
Asotin
Benton
Chelan
Columbia
Douglas
Ferry
Franklin
Garfield
Grant
Kittitas
Klickitat
Lincoln
Okanogan
Pend Oreille
Spokane
Stevens
Walla Walla
Whitman
Yakima
(ii) The list of Federal Indian reservations follows: Burns Paiute,
Cheyenne River, Colville, Duck Valley, Ely Colony, Fort Apache, Fort
McDermitt, Goshute, Haulapai, Havasupai, Hopi, Kalispel, Navajo, Pine
Ridge, Rosebud, Yakama, San Carlos, Spokane, Standing Rock, Summit Lake,
Te-Moak, Umatilla, Winnemucca.
(3) Contiguous tribal reservations of a particular tribe are
included in the GPA if a portion of the tribal reservation is within the
GPA state or county.
(4) Any dispensing facility located partially within a GPA county or
tribal reservation land shall be considered fully within the GPA for
purposes of this program.
(b) Duration of the program. (1) The geographic phase-in program
applies to the 2004, 2005, and 2006 annual averaging periods, except as
provided in paragraph (b)(2) of this section.
(2) Subject to the provisions of Sec. 80.540, the geographic phase-
in program shall also apply to the 2007 and 2008 annual averaging period
for refiners approved for GPA standards in 2007 and 2008 under Sec.
80.540.
(c) Persons eligible. Any refiner or importer who produces or
imports gasoline for use in the geographic area under paragraph (a) of
this section is eligible to apply for the geographic phase-in program.
The provisions of the geographic phase-in program shall apply to
imported gasoline through the importer.
[65 FR 6823, Feb. 10, 2000, as amended at 66 FR 5136, Jan. 18, 2001; 66
FR 19306, Apr. 13, 2001; 70 FR 70509, Nov. 22, 2005]
Sec. 80.216 What standards apply to gasoline produced or imported
for use in the GPA?
(a) The refinery or importer annual average sulfur standard for
gasoline produced or imported for use in the geographic phase-in area
under Sec. 80.215, and designated as GPA gasoline under Sec.
80.219(a), shall be 150.00 ppm.
(b) The per-gallon cap standard for gasoline produced or imported
for use in the GPA under paragraph (a) of this section shall be 300 ppm,
except as specified in Sec. 80.195(d).
(c) The refinery or importer annual average sulfur level is
calculated in accordance with the provisions of Sec. 80.205.
(d) The refinery or importer annual average standard under paragraph
(a) of this section may be met using sulfur allotments or credits as
provided under Sec. Sec. 80.275 and 80.315.
(e) Gasoline produced by approved small refiners subject to the
standards under Sec. 80.240 is not subject to the standards under
paragraphs (a) and (b) of this section.
(f)(1) A refiner or importer whose gasoline production or volume of
imported gasoline in 2004 or 2005 is comprised of more than 50 percent
of gasoline designated as GPA gasoline under Sec. 80.219(a) shall not
be required to meet the corporate pool average standards under Sec.
80.195 for its gasoline production or imported gasoline during the
applicable averaging period.
(2) A refiner or importer whose gasoline production or volume of
imported gasoline in 2004 or 2005 is comprised of less than 50 percent
of gasoline designated as GPA gasoline under
[[Page 264]]
Sec. 80.219(a) must meet the corporate pool average standards under
Sec. 80.195 for all the refiner's gasoline production or the importer's
volume of imported gasoline, including GPA gasoline, during the
applicable averaging period.
(g) The provisions for compliance deficits under Sec. 80.205(e) do
not apply to gasoline subject to the standards under paragraphs (a) and
(b) of this section.
[65 FR 6823, Feb. 10, 2000, as amended at 66 FR 19306, Apr. 13, 2001; 67
FR 40182, June 12, 2002]
Sec. 80.217 How does a refiner or importer apply for the GPA
standards?
(a) To apply for the GPA standards under Sec. 80.216, a refiner or
importer must submit an application in accordance with the provisions of
Sec. 80.290.
(b) Applications under paragraph (a) of this section must be
submitted by May 1, 2001.
(c)(1) If approved, EPA will notify the refiner or importer of each
refinery's or the importer's annual average sulfur standard for gasoline
produced for use in the GPA for the 2004 through 2006 annual averaging
periods.
(2) If disapproved, the refiner or importer must comply with the
standards in Sec. 80.195 for gasoline produced for use in the GPA.
(d) If EPA finds that a refiner or importer provided false or
inaccurate information on its application under this section, upon
notice from EPA, the refiner's or importer's application will be void ab
initio.
[65 FR 6823, Feb. 10, 2000, as amended at 66 FR 19306, Apr. 13, 2001]
Sec. 80.218 [Reserved]
Sec. 80.219 Designation and downstream requirements for GPA gasoline.
The requirements and prohibitions specified in this section apply
during the period January 1, 2004 through December 31, 2006.
(a) Designation. Any refiner or importer shall designate any
gasoline produced or imported that is subject to the standards under
Sec. 80.216 as ``GPA'' gasoline.
(b) Product transfer documents. (1) On each occasion that any person
transfers custody or title to gasoline designated as GPA gasoline, other
than when gasoline is sold or dispensed for use in motor vehicles at a
retail outlet or wholesale purchaser-consumer facility, the transferor
shall provide to the transferee documents that include the following
information:
(i) Identification of the gasoline as being GPA gasoline;
(ii) A statement that the gasoline may not be distributed or sold
for use outside the geographic phase-in area.
(2) Except for transfers to truck carriers, retailers and wholesale
purchaser-consumers, product codes may be used to convey the information
required by paragraph (b)(1) of this section if such codes are clearly
understood by each transferee.
(3) The requirements under paragraph (b)(1) of this section are in
addition to the requirement under Sec. 80.210(e), where appropriate, to
identify gasoline as being S-RGAS.
(c) GPA gasoline use prohibitions. (1) All parties in the
distribution system, including refiners, importers, distributors,
carriers, oxygenate blenders, retailers and wholesale purchaser-
consumers, are prohibited from:
(i) Selling, offering for sale, dispensing, distributing, storing or
transporting GPA gasoline for use outside the geographic phase-in area;
and
(ii) Commingling GPA gasoline with gasoline not designated as GPA
gasoline unless the mixture is classified as GPA gasoline.
(2) Gasoline not designated as GPA gasoline may be distributed or
sold for use in the geographic phase-in area.
Sec. 80.220 What are the downstream standards for GPA gasoline?
(a) GPA gasoline. (1) During the period February 1, 2004 through
January 31, 2005, the sulfur content of GPA gasoline at any downstream
location other than at a retail outlet or wholesale purchaser-consumer
facility, and during the period March 1, 2004 through February 28, 2005,
the sulfur content of GPA gasoline at any downstream location shall not
exceed 378 ppm.
(2) During the period February 1, 2005 through January 31, 2007, the
sulfur content of GPA gasoline at any downstream location other than at
a retail
[[Page 265]]
outlet or wholesale purchaser-consumer facility, and during the period
March 1, 2005 through February 28, 2007, the sulfur content of GPA
gasoline at any downstream location shall not exceed 326 ppm.
(b) GPA gasoline mixed with S-RGAS. Notwithstanding the requirements
in paragraph (a) of this section, the sulfur standard applicable to a
mixture of GPA gasoline and S-RGAS gasoline at a downstream location
shall be the greater of the standard under paragraph (a) of this section
or the standard determined under Sec. 80.210.
(c) Notwithstanding paragraph (a) of this section, the sulfur
content standard of 326 ppm at any downstream location may be extended
as provided under Sec. 80.540(m).
[65 FR 6823, Feb. 10, 2000, as amended at 66 FR 5136, Jan. 18, 2001]
Hardship Provisions
Sec. 80.225 What is the definition of a small refiner?
(a) A small refiner is defined as any person, as defined by 42
U.S.C. 7602(e), who: (1)(i) Produces gasoline at a refinery by
processing crude oil through refinery processing units;
(ii) Employed an average of no more than 1,500 people, based on the
average number of employees for all pay periods from January 1, 1998, to
January 1, 1999; and
(iii) Had an average crude capacity less than or equal to 155,000
barrels per calendar day (bpcd) for 1998.
(2) For the purpose of determining the number of employees and crude
capacity under paragraph (a)(1) of this section, the refiner shall
include the employees and crude capacity of any subsidiary companies,
any parent company and subsidiaries of the parent company, and any joint
venture partners. A subsidiary under this paragraph means any subsidiary
in which the refiner or parent company has a 50% or greater ownership
interest.
(b) The definition under paragraph (a) of this section applies to
domestic and foreign refiners. For any refiner owned by a governmental
entity, the number of employees as specified in paragraph (a) of this
section shall include all employees of the governmental entity.
(c) If, without merger with, or acquisition of, another business
unit, a company with approved small refiner status under Sec. 80.235
exceeds 1,500 employees, or a corporate crude capacity of 155,000 bpcd
after January 1, 1999, it will be considered a small refiner for the
duration of the small refiner program.
(d) Notwithstanding the definition in paragraph (a) of this section,
refiners who acquire a refinery after January 1, 1999, or reactivate a
refinery that was shutdown or was non-operational between January 1,
1998, and January 1, 1999, may apply for small refiner status in
accordance with the provisions of Sec. 80.235.
[65 FR 6823, Feb. 10, 2000, as amended at 66 FR 19306, Apr. 13, 2001; 67
FR 38340, June 3, 2002; 67 FR 40182, June 12, 2002]
Sec. 80.230 Who is not eligible for the hardship provisions for
small refiners?
(a) The following are not eligible for the hardship provisions for
small refiners:
(1) Refiners with refineries built after January 1, 1999;
(2) Refiners who exceed the employee or crude oil capacity criteria
under Sec. 80.225(a) on January 1, 1999, but who meet these criteria
after that date, regardless of whether the reduction in employees or
crude capacity is due to operational changes at the refinery or a
company sale or reorganization;
(3) Importers; and
(4) Refiners who produce gasoline other than by processing crude oil
through refinery processing units.
(b)(1)(i) Refiners who qualify as small under Sec. 80.225 and
subsequently cease production of diesel fuel from processing crude oil
through refinery processing units, or employ more than 1,500 people or
exceed the 155,000 bpcd crude oil capacity limit after January 1, 2004
as a result of merger with or acquisition of or by another entity, are
disqualified as small refiners, except this shall not apply in the case
of a merger between two previously approved small refiners. If
disqualification occurs, the refiner shall notify EPA in writing no
[[Page 266]]
later than 20 days following this disqualifying event.
(ii) Except as provided under paragraph (b)(1)(iii) of this section,
any refiner whose status changes under this paragraph shall meet the
applicable standards of Sec. 80.195 within a period of up to 30 months
of the disqualifying event for any of its refineries that were
previously subject to the small refiner standards of Sec. 80.240(a).
However, such period shall not extend beyond December 31, 2007, or, for
refineries for which the Administrator has approved an extension of the
small refiner gasoline sulfur standards under Sec. 80.553(c), December
31, 2010.
(iii) A refiner may apply to EPA for an additional six months to
comply with the standards of Sec. 80.195 if more than 30 months will be
required for the necessary engineering, permitting, construction, and
start-up work to be completed. Such applications must include detailed
technical information supporting the need for additional time. EPA will
base its decision to approve additional time on the information provided
by the refiner and on other relevant information. In no case will EPA
extend the compliance date beyond December 31, 2007, or, for refineries
for which the Administrator has approved an extension of the small
refiner gasoline sulfur standards under Sec. 80.553(c), December 31,
2010.
(iv) During the period of time up to 30 months provided under
paragraph (b)(1)(ii) of this section, and any extension provided under
paragraph (b)(1)(iii) of this section, the refiner may not generate
gasoline sulfur credits under Sec. 80.310.
(2) Any refiner who qualifies as a small refiner under Sec. 80.225
may elect to meet the standards under Sec. 80.195 by notifying EPA in
writing no later than November 15 prior to the year that the change will
occur. Any refiner whose status changes under this paragraph (b)(2)
shall meet the standards under Sec. 80.195 beginning with the first
averaging period subsequent to the status change.
[65 FR 6823, Feb. 10, 2000, as amended at 66 FR 19307, Apr. 13, 2001; 69
FR 39167, June 29, 2004]
Sec. 80.235 How does a refiner obtain approval as a small refiner?
(a) Applications for small refiner status must be submitted to EPA
by December 31, 2000, except for applications submitted pursuant to
Sec. 80.225(d), which must be submitted by June 1, 2002.
(b) Applications for small refiner status must be sent to: U.S. EPA,
Attn: Sulfur Program (6406J), 1200 Pennsylvania Ave., NW., Washington,
DC 20460. For commercial delivery: U.S. EPA, Attn: Sulfur Program
(6406J), 501 3rd Street, NW, Washington, DC 20001.
(c) The small refiner status application must contain the following
information for the company seeking small refiner status, plus any
subsidiary companies, any parent company and subsidiaries of the parent
company, and any joint venture partners:
(1)(i) A listing of the name and address of each location where any
employee worked during the 12 months preceding January 1, 1999; the
average number of employees at each location based upon the number of
employees for each pay period for the 12 months preceding January 1,
1999; and the type of business activities carried out at each location;
or
(ii) In the case of a refiner who acquires a refinery after January
1, 1999, or reactivates a refinery that was shutdown between January 1,
1998, and January 1, 1999, a listing of the name and address of each
location where any employee of the refiner worked since the refiner
acquired or reactivated the refinery; the average number of employees at
any such acquired or reactivated refinery during each calendar year
since the refiner acquired or reactivated the refinery; and the type of
business activities carried out at each location.
(2) The total corporate crude oil capacity of each refinery as
reported to the Energy Information Administration (EIA) of the U.S.
Department of Energy (DOE), or, in the case of a foreign refiner, a
comparable reputable source, such as a professional publication or trade
journal. The information submitted to EIA or the comparable reputable
source is presumed to be correct. In cases where a company, domestic or
foreign, disagrees with this information, the company may petition
[[Page 267]]
EPA with appropriate data to correct the record within 60 days after the
company submits its application for small refiner status.
(3) A letter signed by the president, chief operating or chief
executive officer of the company, or his/her designee, stating that the
information contained in the application is true to the best of his/her
knowledge.
(4) Name, address, phone number, facsimile number and E-mail address
(if available) of a corporate contact person.
(d) For joint ventures, the total number of employees includes the
combined employee count of all corporate entities in the venture.
(e) For government-owned refiners, the total employee count includes
all government employees.
(f) Approval of small refiner status for refiners who apply under
Sec. 80.225(d) will be based on all information submitted under
paragraph (c) of this section. The information submitted must show that
the refiner employed an average of no more than 1500 people and had an
average crude oil capacity less than or equal to 155,000 bpcd. Where
appropriate, the employee and crude oil capacity criteria for such
refiners will be based on the most recent 12 months of operation.
(g) EPA will notify a refiner of approval or disapproval of small
refiner status by letter.
(1) If approved, EPA will notify the refiner of each refinery's
applicable annual average sulfur standard, baseline volume, and per-
gallon cap standard under Sec. 80.240 for the 2004-2007 averaging
periods.
(2) If disapproved, the refiner must comply with the standards in
Sec. 80.195.
(h) If EPA finds that a refiner provided false or inaccurate
information on its application for small refiner status, upon notice
from EPA the refiner's small refiner status will be void ab initio.
(i) Upon notification to EPA, an approved small refiner may withdraw
its status as a small refiner. Effective on January 1 of the year
following such notification, the small refiner will become subject to
the standards at Sec. 80.195.
[65 FR 6823, Feb. 10, 2000, as amended at 66 FR 19307, Apr. 13, 2001]
Sec. 80.240 What are the small refiner gasoline sulfur standards?
(a) The gasoline sulfur standards for an approved small refiner are
as follows:
----------------------------------------------------------------------------------------------------------------
Temporary sulfur standards for small refiners applicable from January
1, 2004 through December 31, 2007
Refinery baseline sulfur level ------------------------------------------------------------------------
Annual average Per gallon cap
----------------------------------------------------------------------------------------------------------------
0 to 30................................ 30.00 300
31 to 200.............................. Baseline level 300
201 to 400............................. 200.00 300
401 to 600............................. 50% of baseline Factor of 1.5 times the average
standard.
601 and above.......................... 300.00 450
----------------------------------------------------------------------------------------------------------------
(b) The refinery annual average sulfur standards must be met on an
annual calendar year basis for each refinery owned by a small refiner.
The refinery annual average sulfur level is calculated in accordance
with the provisions of Sec. 80.205.
(c)(1) The refinery annual average standards specified in paragraph
(a) of this section apply to the volume of gasoline produced by a small
refiner's refinery up to the lesser of:
(i) 105% of the baseline gasoline volume as determined under Sec.
80.250(a)(1); or
(ii) The volume of gasoline produced at that refinery during the
averaging period by processing crude oil.
(2) If a refiner exceeds the volume limitation in paragraph (c)(1)
of this section during any averaging period, the annual average sulfur
standard applicable to the refiner for that averaging period is
calculated as follows:
[[Page 268]]
[GRAPHIC] [TIFF OMITTED] TR10FE00.008
Where:
Ssr = Small refiner annual average sulfur standard.
Vb = Applicable volume under paragraph (c)(1) of this
section.
Va = Averaging period gasoline volume.
Sb = Small refiner sulfur baseline as determined under Sec.
80.250.
AF = Adjustment factor (120 in 2004; 90 in 2005; and 30 in 2006 and
thereafter).
(3) The small refiner average standards under paragraph (a) of this
section may be met using sulfur allotments or credits as provided under
Sec. 80.275 or Sec. 80.315.
(4) The provisions for compliance deficits under Sec. 80.205(e) do
not apply to small refiners subject to the standards under this section.
(d) In the case of any refiner with small refiner status who
generates sulfur allotments or credits pursuant to Sec. 80.275(a) or
Sec. 80.305, the baseline applicable to that refiner's refinery for
purposes of establishing the standard for the refinery under paragraph
(a) of this section beginning in 2004 shall be the lowest annual average
sulfur content for any year during the period in which the refiner
generated allotments or credits.
(e) Notwithstanding paragraph (a) of this section, the temporary
sulfur standards for small refiners may be extended as provided under
Sec. 80.553.
(f)(1) In the case of a refiner without approved small refiner
status who acquires a refinery from a refiner with approved small
refiner status under Sec. 80.235, the applicable small refiner
standards under paragraph (a) of this section will apply to the acquired
small refinery for a period up to 30 months from the date of acquisition
of the refinery, but no later than December 31, 2007, or, for a refinery
for which the Administrator has approved an extension of the small
refiner gasoline sulfur standards under Sec. 80.553(c), December 31,
2010, after which time the standards of Sec. 80.195 shall apply to the
acquired refinery.
(2) A refiner may apply to EPA for an additional six months to
comply with the standards of Sec. 80.195 for the acquired refinery if
more than 30 months will be required for the necessary engineering,
permitting, construction, and start-up work to be completed. Such
applications must include detailed technical information supporting the
need for additional time. EPA will base its decision to approve
additional time on information provided by the refiner and on other
relevant information. In no case will EPA extend the compliance date
beyond December 31, 2007, or, for a refinery for which the Administrator
has approved an extension of the small refiner gasoline sulfur standards
under Sec. 80.553(c), December 31, 2010.
[65 FR 6823, Feb. 10, 2000, as amended at 66 FR 5136, Jan. 18, 2001; 69
FR 39167, June 29, 2004]
Sec. 80.245 How does a small refiner apply for a sulfur baseline?
(a) Any refiner seeking small refiner status must apply for a
refinery sulfur baseline by the deadline under Sec. 80.235 for each of
the refiner's refineries by providing the following information:
(1) A sulfur baseline and baseline volume for every refinery
calculated in accordance with Sec. 80.250.
(2) The following information for each batch of gasoline produced in
1997-1998:
(i) Batch number assigned to the batch under Sec. 80.65(d) or Sec.
80.101(i);
(ii) Volume; and
(iii) Sulfur content.
(3) For any refiner that acquires and/or reactivates a refinery that
was shut down or non-operational between January 1, 1997, and December
31, 1998, the average sulfur level and average volume of gasoline
produced during each annual averaging period that the refinery was in
operation after the refinery was acquired and/or reactivated. EPA will
evaluate all of the information and data submitted by the refiner in
determining the appropriate sulfur baseline for the refinery. Where EPA
concludes that the data submitted reasonably reflects current sulfur
levels, the refinery's baseline will be determined based on the average
sulfur content of gasoline produced by the refinery during the most
recent annual averaging period in which the refinery was in operation.
[[Page 269]]
(b) The sulfur baseline application must be submitted to the address
specified in Sec. 80.235(b).
(c)(1) Foreign refiners who do not have an approved individual
refinery baseline under Sec. 80.94 must follow the procedures specified
in Sec. 80.410(b).
(2) Foreign refiners who have an approved individual refinery
baseline under Sec. 80.94, but one that was not in effect for purposes
of anti-dumping compliance during the 1997-1998 annual averaging
periods, must comply with the requirements of this section for the
gasoline produced at the refinery and imported into the United States
during each of the annual averaging periods in which the refinery was
subject to its individual anti-dumping baseline. EPA will evaluate all
of the information and data submitted under this section in determining
the foreign refinery's sulfur baseline pursuant to this paragraph. Where
EPA concludes that the data submitted reasonably reflects current sulfur
levels, the refinery's baseline will be determined based on the annual
average sulfur level and volume of gasoline produced by the foreign
refinery and imported into the U.S. during the most recent annual
averaging period in which the refinery was subject to its individual
anti-dumping baseline.
[65 FR 6823, Feb. 10, 2000, as amended at 66 FR 19307, Apr. 13, 2001]
Sec. 80.250 How is the small refiner sulfur baseline and volume
determined?
(a)(1) The small refiner baseline volume is determined for each
refinery as follows:
[GRAPHIC] [TIFF OMITTED] TR10FE00.009
Where:
VB = Baseline volume.
VI = Volume of gasoline batch i.
n = Total number of batches of gasoline produced from January 1, 1997,
through December 31, 1998 (or the total number of batches of
gasoline pursuant to Sec. 80.245(a)(3); or, for a foreign
refinery, the total number of batches of gasoline produced and
imported into the U.S. from January 1, 1997, through December
31, 1998, or the total number of batches of gasoline produced
and imported into the U.S. pursuant to Sec. 80.245(c)(2)).
i = Individual batch of gasoline produced from January 1, 1997, through
December 31, 1998 (or individual batch of gasoline pursuant to
Sec. 80.245(a)(3); or, for a foreign refinery, individual
batch of gasoline produced and imported into the U.S. from
January 1, 1997, through December 31, 1998, or individual
batch of gasoline produced and imported into the U.S. pursuant
to Sec. 80.245(c)(2)).
(2) The small refiner sulfur baseline is determined for each
refinery as follows:
[GRAPHIC] [TIFF OMITTED] TR10FE00.010
Where:
Sb = Small refiner sulfur baseline.
Vi = Volume of gasoline batch i.
Si = Sulfur content of batch i.
n = Total number of batches of gasoline produced from January 1, 1997,
through December 31, 1998 (or the total number of batches of
gasoline pursuant to Sec. 80.245(a)(3); or, for a foreign
refinery, the total number of batches of gasoline produced and
imported into the U.S. from January 1, 1997, through December
31, 1998, or the total number of batches of gasoline produced
and imported into the U.S. pursuant to Sec. 80.245(c)(2)).
i = Individual batch of gasoline produced from January 1, 1997, through
December 31, 1998 (or individual batch of gasoline produced
pursuant to Sec. 80.245(a)(3); or, for a foreign refinery,
individual batch of gasoline produced and imported into the
U.S. from January 1, 1997, through December 31, 1998, or
individual batch of gasoline produced and imported into the
U.S. pursuant to Sec. 80.245(c)(2)).
(3) Any refiner who, under Sec. 80.69 or Sec. 80.101(d)(4),
included oxygenate blended downstream in compliance calculations for
1997-1998 must include this oxygenate in the baseline calculations for
sulfur content under this section.
(4) Sulfur baseline calculations under this section shall be
conducted to two decimal places.
(b) [Reserved]
(c) If at any time a small refinery baseline is determined to be
incorrect, the corrected baseline applies ab initio and the annual
average standards and
[[Page 270]]
cap standards are deemed to be those applicable under the corrected
information.
[65 FR 6823, Feb. 10, 2000, as amended at 66 FR 19307, Apr. 13, 2001]
Sec. 80.255 Compliance plans and demonstration of commitment to
produce low sulfur gasoline.
The requirements of this section apply to any refiner approved for
small refiner standards who wishes to be eligible for a hardship
extension under Sec. 80.260.
(a) Compliance commitment. By no later than June 1, 2004, any
refiner who is approved for small refinery standards must submit a
preliminary report to EPA which outlines the refiner's timeline for
compliance and a project plan which discusses permits, capital
commitments and engineering plans for making the necessary modifications
to produce gasoline that meets the 30 ppm refinery average and 80 ppm
per-gallon cap sulfur standards under Sec. 80.195 on or before January
1, 2008. Documents showing activities and progress in these areas should
be provided, if available.
(b) Demonstration of Progress. (1)(i) By no later than June 1, 2005,
the small refiner must submit a report to EPA that states in detail the
progress toward compliance with the 30 ppm refinery average and 80 ppm
cap sulfur standards to date based on their timeline and project plan.
The report must include:
(A) Copies of approved permits for construction of the equipment, or
the permit application if approval is still pending;
(B) Copies of contracts for design and construction; and
(C) Any available evidence of having secured the necessary financing
to complete the required construction;
(ii) If the refiner anticipates any difficulties in meeting its
compliance commitments under this section, the refiner must submit a
detailed report of all efforts made to date and the factors that may
cause delay, including costs, specification of engineering or other
design work needed and reasons for delay, specification of equipment
needed and any reasons for delay, potential equipment suppliers and
history of negotiations, and any other relevant information. If
unavailability of equipment is a factor, the report must include a
discussion of other options considered and the reasons these other
options are not feasible.
(2) By no later than June 1, 2006, the small refiner must submit to
EPA evidence that on-site construction has begun and that, absent
unforeseen difficulties, the small refiner will be producing complying
gasoline by January 1, 2008. If construction has not begun, the refiner
must demonstrate that it has made all reasonable efforts to begin
construction, that substantial progress is being made to begin
construction as soon as possible, and that construction can be completed
in time to begin production of gasoline that complies with the standards
of Sec. 80.195 by January 1, 2008.
(c) Additional information. The Administrator may request any
additional information necessary to determine a refiner's commitment
and/or progress toward meeting the standards in Sec. 80.195 by 2008.
(d) Failure to comply with requirements. Any small refiner who fails
to submit the progress reports required under this section will not be
eligible for a hardship extension under Sec. 80.260.
Sec. 80.260 What are the procedures and requirements for obtaining
a hardship extension?
(a) An approved small refiner who has filed the reports specified in
Sec. 80.255 may apply to EPA for a hardship extension of the small
refiner standards for calendar years 2008 and 2009. The application must
be submitted in writing no later than January 1, 2007, to U.S. EPA,
Attn: Sulfur Program (6406J), 1200 Pennsylvania Ave., NW., Washington,
DC 20460. For commercial (non-postal) delivery: U.S. EPA, Attn: Sulfur
Program, 501 3rd Street NW, Washington, DC 20001.
(b) The application must specify the factors that demonstrate a
significant economic hardship and must provide a detailed discussion
regarding the inability of the refinery to produce gasoline meeting the
requirements of Sec. 80.195. Such an application must include, at a
minimum, the following information:
[[Page 271]]
(1) Documentation of efforts made to obtain necessary financing,
including:
(i) Copies of loan applications for the necessary financing of the
construction of appropriate sulfur reduction technology and other
equipment procurements or improvements; and
(ii) If financing has been disapproved or is otherwise unsuccessful,
documents supporting the basis for that disapproval and evidence of
efforts to pursue other means of financing;
(2) A detailed analysis of the reasons the refinery is unable to
produce gasoline meeting the standards of Sec. 80.195 in 2008,
including costs, specification of equipment still needed, potential
equipment suppliers, and efforts already completed to obtain the
necessary equipment;
(3) If unavailability of equipment is part of the reason for the
inability to comply, a discussion of other options considered, and the
reasons these other options are not feasible;
(4) If relevant, a demonstration that a needed or lower cost
technology is immediately unavailable, but will be available in the near
future, and full information regarding when and from what sources it
will be available;
(5) Schematic drawings of the refinery configuration as of January
1, 1999, and as of the date of the hardship extension application, and
any planned future additions or changes;
(6) If relevant, a demonstration that a temporary unavailability
exists of engineering or construction resources necessary for design or
installation of the needed equipment;
(7) If sources of crude oil lower in sulfur than what the refiner is
currently using are available, full information regarding the
availability of these different crude sources, the sulfur content of
those crude sources, the cost of the different crude sources over the
past five years, and an estimate of gasoline sulfur levels achievable by
the refinery if the lower sulfur crude sources were used;
(8) A discussion of any sulfur reductions that can be achieved from
current levels;
(9) The date the refiner anticipates compliance with the standards
in Sec. 80.195 can be achieved at its refinery;
(10) An analysis of the economic impact of compliance on the
refiner's business (including financial statements from the last 5
years, or for any time period up to 10 years, at EPA's request); and
(11) Any other information regarding other strategies considered,
including strategies or components of strategies that do not involve
installation of equipment, and why meeting the standards in Sec. 80.195
beginning in 2008 is infeasible.
(c) The hardship extension application must contain a letter signed
by the president or the chief operating or chief executive officer of
the company, or his/her designee, stating that the information contained
in the application is true to the best of his/her knowledge.
Sec. 80.265 How will the EPA approve or disapprove a hardship
extension application?
(a) EPA will evaluate each application for hardship extension on a
case-by-case basis. The factors considered for a hardship extension may
include: The refiner's financial position and efforts to obtain capital
funding; the refiner's efforts to procure necessary equipment, obtain
design and engineering services and construction contractors; the
availability of desulfurization equipment; and any other relevant
factor. An extension will be granted for a refinery for the 2008
averaging period if the small refiner who owns the refinery adequately
demonstrates that severe economic hardship would result if compliance
with the standards in Sec. 80.195 is required in 2008, or that
compliance with the standard in 2008 is not feasible for reasons beyond
the refiner's control, and that the refiner has made the best efforts
possible to achieve compliance with the national standards by January 1,
2008. Upon reapplication by the refiner, if EPA determines that further
relief is appropriate, EPA may grant a further extension through the
2009 averaging period. In no case will a further extension for the 2009
averaging period be granted unless the refiner demonstrates conclusively
that it has financing in place and that it will be able to complete
construction and meet the national gasoline sulfur
[[Page 272]]
standards no later than December 31, 2009.
(b) EPA may request more information, if necessary, for evaluation
of the application. If requested information is not submitted within the
time specified in EPA's request, or any extensions granted, the
application may be denied.
(c) EPA will notify the refiner of approval or disapproval of
hardship extension by letter.
(1) If approved, EPA will also notify the refiner of the date that
full compliance with the standards specified at Sec. 80.195 must be
achieved or what interim sulfur levels or schedules apply, if any.
(2) If disapproved, beginning January 1, 2008, the refinery is
subject to the requirements in Sec. 80.195. Refiners who receive an
extension for the 2008 averaging period shall meet the standards in
Sec. 80.195 beginning on January 1, 2009, unless EPA grants an
extension of the hardship relief for an additional year. If such an
additional extension is granted, the refiner shall meet the standards in
Sec. 80.195 on January 1, 2010.
(d) Refiners who receive a hardship extension may be required to
meet more stringent standards than those which apply to them during
2007, and/or could be required to offset excess sulfur levels. EPA may
impose reasonable conditions on an extension, such as requiring
segregation of the small refiner's gasoline or requiring the gasoline to
be sold for use in older vehicles only.
Sec. 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:
(i) The portion of gasoline production that is produced using an FCC
unit;
(ii) The refinery's hydrotreating capacity;
(iii) The refinery's total reformer unit throughput capacity;
(iv) The refinery's total crude capacity;
(v) Total crude capacity of any other refineries owned by the same
entity;
(vi) Total volume of gasoline production at the refinery;
(vii) Total volume of other refinery products; and
(viii) Geographic location(s) in which gasoline will be sold.
(3) Applications must include, at a minimum, the following
information:
(i) Detailed description of efforts to obtain capital for refinery
investments;
(ii) Bond rating of entity that owns the refinery; and
(iii) Estimated capital investment needed to comply with the
requirements of this subpart by the applicable date.
(4) Applicants must also provide any other relevant information
requested by EPA.
[[Page 273]]
(d) EPA may impose any reasonable conditions on waivers granted
under this section.
Allotment Trading Program
Sec. 80.271 How can a small refiner obtain an adjustment of its
2004-2007 per-gallon cap standard?
(a) EPA may in its discretion adjust the small refiner per-gallon
cap sulfur standard established for a refinery under Sec. 80.240(a)
(the established small refiner per-gallon standard) if the refiner
demonstrates that the burden of complying with the established small
refiner per-gallon standard would effectively prevent the refiner from
participating in the small refiner relief provided in Sec. 80.240. No
refiner will be eligible for an adjustment of its established per-gallon
standard above 450 ppm. The refinery annual average sulfur standards in
Sec. 80.240(a) are not affected by this section.
(b) A refiner wishing to apply for such an adjustment of its
established small refiner per-gallon sulfur standard under Sec.
80.240(a) must send a letter to Gasoline Sulfur Program, U.S. EPA,
Office of Transportation and Air Quality, 2000 Traverwood Dr., Ann
Arbor, MI 48105 no later than January 1, 2003. Such application must
include the following information:
(1) A detailed description of the nature of the difficulty that the
per-gallon cap creates;
(2) The refiner's proposed adjusted per-gallon cap standard and the
proposed duration for the adjustment, including an explanation of how a
lower per-gallon cap standard or shorter duration would not address the
hardship;
(3) The refiner's expected actual annual average sulfur level (i.e.,
prior to the use of any credits or allotments) for each year that the
adjustment would be in effect;
(4) The refiner's estimate of the number of gallons of gasoline it
produces that will exceed the established small refiner per-gallon
standard under Sec. 80.240(a) for each year that the adjusted per-
gallon cap would apply; and
(5) The number of sulfur credits or allotments that the refiner
estimates will be required under paragraph (d) of this section for each
year that the adjusted per-gallon cap would apply and a plan for
obtaining this number of credits or allotments.
(6) Other relevant information that EPA requests.
(c) EPA will evaluate each application for an adjusted per-gallon
cap sulfur standard on a case-by-case basis. EPA may impose any
reasonable conditions on adjustments granted under this section. EPA may
in its discretion set forth the duration of the adjusted per-gallon cap
sulfur standard but in no case shall it extend beyond December 31, 2007.
(d)(1) A small refiner with an adjusted per-gallon sulfur cap
standard under paragraph (a) of this section must obtain and use sulfur
credits or allotments to offset the amount that the adjusted standard
exceeds the established small refiner per-gallon standard under Sec.
80.240(a). The number of sulfur credits or allotments needed for each
year that the adjusted per-gallon cap would apply is calculated on a
per-batch basis according to paragraph (d)(2) of this section and summed
over the averaging period.
(2) The formula for determining the number of sulfur credits or
allotments that such a small refiner is required to use for any batch of
gasoline exceeding the established small refiner per-gallon standard
under Sec. 80.240(a) is as follows:
CRb = Vb x (Sb-Sc)
Where:
CRb = number of sulfur allotments or sulfur credits needed
for the gasoline batch (ppm-gallons)
Vb = Volume of the gasoline batch (gallons)
Sb = Sulfur level of the gasoline batch (ppm)
Sc = Small refiner per-gallon cap standard established for
that refinery under Sec. 80.240(a), in ppm.
(3) Sulfur credits or allotments used when a small refiner exceeds
an established per-gallon cap sulfur standard under Sec. 80.240(a) must
be separate from and in addition to credits or allotments used for any
other purposes provided under Sec. 80.275 or Sec. 80.315.
(e) The approving official for an adjustment under this section is
the Director of the Office of Transportation and Air Quality in the EPA
Office of Air and Radiation.
[67 FR 40182, June 12, 2002]
[[Page 274]]
Sec. 80.275 How are allotments generated and used?
(a) Generation of allotments and credits in 2003. (1) During 2003
only, any domestic or foreign refiner who produces gasoline from crude
oil may have the option to generate credits in accordance with the
provisions of Sec. 80.305 or generate allotments and credits under
paragraph (a)(2) of this section.
(2) If the average sulfur content of the gasoline produced at a
refinery is less than the refinery's baseline as determined under Sec.
80.295 and is 60 ppm or less, allotments and credits may be generated
using the following procedures. This paragraph (a) does not apply to
importers.
(i) If the average sulfur content of the gasoline produced at a
refinery is less than or equal to 30, and the refinery's sulfur baseline
is greater than 120, the following procedures apply:
SATypeB = (30 - Sa) x V
SATypeA = V x 90
CR = (SBase - 120) x V
(ii) If the average sulfur content of the gasoline produced at a
refinery is less than or equal to 30, and the refinery's sulfur baseline
is greater than 30 but less than or equal to 120, the following
procedures apply:
SATypeB = (30 - Sa) x V
SATypeA = (SBase - 30) x V
(iii) If the average sulfur content of the gasoline produced at a
refinery is less than or equal to 30, and the refinery's sulfur baseline
is less than or equal to 30, the following procedures apply:
SATypeB = (SBase - Sa) x V
(iv) If the average sulfur content of the gasoline produced at a
refinery is greater than 30, and the refinery's sulfur baseline is
greater than 120, the following procedures apply:
SATypeA = ((120 - Sa) x V) x 0.8
CR = (SBase - 120) x V
(v) If the average sulfur content of the gasoline produced at a
refinery is greater than 30, and the refinery's sulfur baseline is less
than or equal to 120, the following procedures apply:
SATypeA = ((SBase - Sa) x V) x 0.8
(vi) For purposes of the equations under paragraphs (a)(2)(i)
through (v) of this section, the following definitions apply:
SATypeB = Type B sulfur allotments generated.
SATypeA = Type A sulfur allotments generated.
CR = Credits generated.
SBase = Refinery's sulfur baseline value under Sec. 80.295.
Sa = Average sulfur content of the gasoline produced at the
refinery during 2003 (or for a foreign refinery, all gasoline
produced during 2003 that was imported into the U.S.).
V = Volume of gasoline produced at the refinery during 2003 (or for a
foreign refinery, all gasoline produced during 2003 that was
imported into the U.S.).
(b) Generation of allotments in 2004 and 2005. During 2004 and 2005
only, refiners and importers that have corporate pool average sulfur
levels below the corporate pool average standards under Sec. 80.195 may
generate sulfur allotments separately for each year using the following
procedures.
(1) If the average sulfur content of the gasoline produced or
imported is less than 30 the following procedures apply:
SATypeB = (30 - Sa) x Va
SATypeA = (SPS - 30) x Va
(2) If the average sulfur content of the gasoline produced or
imported is equal to or greater than 30 the following procedures apply:
SATypeA = (SPS - Sa) x Va
(3) For purposes of the equations under paragraphs (b)(1) and (2) of
this section, the following definitions apply:
SATypeB = Type B sulfur allotments generated.
SATypeA = Type A sulfur allotments generated.
Sa = Corporate pool average sulfur level for the year.
SPS = Corporate pool average standard (120 in 2004; 90 in
2005).
Va = Total volume of gasoline produced and/or imported during
the year.
(4) Oxygenate blenders may not generate allotments under this
section.
(c) Use of sulfur allotments to meet standards. (1) Refiners and
importers
[[Page 275]]
may use Type A and Type B sulfur allotments to meet the corporate pool
average standards under Sec. 80.195, except that if allotments
generated in 2003 or 2004 are used to meet the corporate pool standard
in 2005 the allotments generated in 2003 or 2004 shall be reduced in
value by 50%.
(2)(i) Small refiners subject to the standards under Sec. 80.240,
and refiners and importers of gasoline designated as GPA gasoline under
Sec. 80.219(a), may use sulfur allotments to meet their annual average
refinery or importer standards.
(ii) Small refiners subject to the standards under Sec. 80.240 and
that have received an adjustment of their per-gallon cap sulfur
standards pursuant to Sec. 80.271(a) may also use sulfur allotments to
meet the requirements of Sec. 80.271(d)(1) for any refinery that has
received such an adjustment.
(d) Transfers of sulfur allotments. Sulfur allotments generated
under this section may be transferred, provided that:
(1) No allotment may be transferred more than twice: The first
transfer by the refiner or importer who generated the allotment may only
be made to a refiner or importer who intends to use the allotment; if
the transferee cannot use the allotment, it may make the second, and
final, transfer only to a refiner or importer who intends to use the
allotment. In no case may an allotment be transferred more than twice
before being used or terminated.
(2) The allotment transferor must apply any allotments necessary to
meet the transferor's corporate pool average standard before
transferring allotments to any other refiner or importer or before
converting allotments into credits.
(3) The transferor must supply to the transferee records indicating
the year of generation and type of the allotments, the identity of the
refiner or importer who generated the allotments, and the identity of
the transferring party, if it is not the same part that generated the
allotments.
(4) The transferor must inform the transferee whether any
transferred allotments are Type A allotments or Type B allotments, as
defined in paragraphs (a) and (b) of this section.
(5) In the case of allotments that have been calculated or created
improperly, or are otherwise determined to be invalid, the following
provisions apply:
(i) Invalid allotments cannot be used to achieve compliance with the
transferee's corporate pool average standard or be converted to credits,
regardless of the transferee's good faith belief that the allotments
were valid.
(ii) The refiner or importer who used the allotments, and any
transferor of the allotments, must adjust their allotment records and
reports and sulfur calculations as necessary to reflect the proper
allotments.
(iii) Any allotments remaining after correcting for the improperly
created allotments must first be applied to correct the invalid
transfers before the transferor may transfer any other allotments or
before converting allotments into credits.
(e) Conversion of allotments into credits. A refiner or importer may
convert allotments into credits using the following procedures:
(1) Type A allotments may be converted into credits with the same
requirements and limitations on use that apply under Sec. 80.315 to
credits generated in 2000 through 2003.
(2) Type B allotments may be converted into credits with the same
requirements and limitations on use that apply under Sec. 80.315 to
credits generated in 2004 and later, based on the year of creation of
the allotment.
(3) Allotments generated in 2003 or 2004 which are carried over to
2005 are discounted by 50 percent. The discounted allotments may be used
to demonstrate compliance with the corporate pool average standard in
2005, or they may be converted into credits for use in demonstrating
compliance with the refinery average standard in 2005, or in a
subsequent averaging period, in accordance with the provisions of this
paragraph (e). Any allotments generated in 2003 or 2004 that are
converted into credits before being carried over to 2005 are not
discounted. Any allotments generated in 2003 or 2004 that are converted
into credits before being carried over to 2005 may be reconverted
[[Page 276]]
into allotments for use in demonstrating compliance with the corporate
pool average standard in 2005, but such reconverted allotments are
discounted by 50 percent.
(f) Small refiners. Small refiners subject to the standards under
Sec. 80.240 may not generate sulfur allotments under paragraph (b) of
this section.
(g) GPA gasoline. GPA gasoline that is included in the refiner's or
importer's corporate pool average under Sec. 80.216(f)(2) must be
included in the calculations under paragraph (b) of this section. No
refiner or importer may generate allotments in 2004 or 2005 who is not
required to meet the corporate pool average standards.
(h) Allotments and credits under this program are in units of ``ppm-
gallons''.
[65 FR 6823, Feb. 10, 2000, as amended at 67 FR 40183, June 12, 2002]
Averaging, Banking and Trading (ABT) Program--General Information
Sec. 80.280 [Reserved]
Sec. 80.285 Who may generate credits under the ABT program?
(a) Credit generation in 2000 through 2003. (1) Credits may be
generated in 2000 through 2003 under Sec. 80.305 by refiners who
produce gasoline from crude oil, and are:
(i) Refiners who establish a sulfur baseline under Sec. 80.295 for
a refinery;
(ii) Foreign refiners for refineries with an approved baseline under
Sec. 80.94, or refineries with baselines established in accordance with
Sec. 80.290(d); or
(iii) Small refiners for any refinery subject to the standards under
Sec. 80.240, using their small refiner baseline established under Sec.
80.250 for that refinery.
(2) Importers and oxygenate blenders may not generate credits under
Sec. 80.305.
(b) Credit generation beginning in 2004. (1) Credits may be
generated beginning in 2004 under Sec. 80.310 by:
(i) Refiners for any refinery, and importers subject to the
standards under Sec. 80.195;
(ii) Refiners and importers of gasoline designated as GPA gasoline
under Sec. 80.219, using the least of 150.00 ppm, or the refinery's or
importer's 1997-98 baseline calculated under Sec. 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 (for any party generating credits under both
paragraphs (b)(1)(i) of this section and this paragraph (b)(1)(ii), such
credits must be calculated separately); or
(iii) Small refiners for any refinery subject to the standards under
Sec. 80.240, using refinery's standard established under Sec. 80.240.
(2) Generation of credits under Sec. 80.310 for all imported
gasoline shall be through the importer.
(3) Oxygenate blenders may not generate credits under Sec. 80.310.
[65 FR 6823, Feb. 10, 2000, as amended at 66 FR 19307, Apr. 13, 2001; 67
FR 40183, June 12, 2002; 71 FR 54912, Sept. 20, 2006]
Sec. 80.290 How does a refiner apply for a sulfur baseline?
(a) The refiner must submit an application to EPA which includes the
information required under paragraph (c) of this section no later than
September 30 of the year in which the refiner plans to begin generating
credits, or the refiner or an importer plans to sell gasoline in the
geographic phase-in area in accordance with Sec. 80.217.
(b) The sulfur baseline request must be sent to: U.S. EPA, Attn:
Sulfur Program (6406J), 1200 Pennsylvania Ave., NW Washington, DC 20460.
For commercial (non-postal) delivery: U.S. EPA, Attn: Sulfur Program,
501 3rd Street NW., Washington, DC 20001.
(c) The sulfur baseline application must include the following
information:
(1) A listing of the names and addresses of all refineries owned by
the corporation for which the refiner is applying for a sulfur baseline.
(2) The annual average gasoline sulfur baseline for gasoline
produced in 1997-1998, for each refinery for which the refiner is
applying for a sulfur baseline, calculated in accordance with Sec.
80.295.
[[Page 277]]
(3) A letter signed by the president, chief operating or chief
executive officer, of the company, or his/her delegate, stating that the
information contained in the sulfur baseline determination is true to
the best of his/her knowledge.
(4) Name, address, phone number, facsimile number and E-mail address
of a corporate contact person.
(5) The following information for each batch of gasoline produced in
1997-1998:
(i) Batch number assigned to the batch under Sec. 80.65(d) or Sec.
80.101(i);
(ii) Volume; and
(iii) Sulfur content.
(6) For any refiner that acquires and/or reactivates a refinery that
was shut down or non-operational between January 1, 1997, and December
31, 1998, the average sulfur level of gasoline produced during each
annual averaging period that the refinery was in operation after the
refinery was acquired and/or reactivated. EPA will evaluate all of the
data submitted by the refiner in determining the appropriate sulfur
baseline for the refinery. Where EPA concludes that the data submitted
reasonably reflects current sulfur levels, the refinery's baseline will
be determined based on the average sulfur content of the refinery's
gasoline production during the most recent annual averaging period the
refinery was in operation.
(d)(1) Foreign refiners who do not have an approved refinery
baseline under Sec. 80.94 must follow the procedures specified in Sec.
80.410(b).
(2) Foreign refiners who have an approved individual refinery
baseline under Sec. 80.94, but one that was not in effect for purposes
of anti-dumping compliance during the 1997-1998 annual averaging
periods, must comply with the requirements of this section for the
gasoline produced at the refinery and imported to the U.S. during each
annual averaging period in which the refinery was subject to its
individual anti-dumping baseline. EPA will evaluate all of the
information and data submitted under this section in determining a
foreign refinery's sulfur baseline pursuant to this paragraph (d). Where
EPA concludes that the data submitted reasonably reflects current sulfur
levels, a foreign refinery's baseline sulfur level under this paragraph
will be determined based on the average sulfur level of gasoline
produced by the foreign refinery and imported to the U.S. during the
most recent annual averaging period in which the refinery was subject to
its individual anti-dumping baseline.
(e) Within 60 days of receipt of an application under this section,
EPA will notify the refiner of approval of the refinery's baseline or of
any deficiencies in the application.
(f) If at any time the baseline submitted in accordance with the
requirements of this section is determined to be incorrect, EPA will
notify the refiner of the corrected baseline.
(g) Any refiner that seeks temporary relief under Sec. 80.270 shall
apply for a refinery sulfur baseline in accordance with the provisions
of this section and Sec. 80.295, and if applicable, Sec. 80.410(b), no
later than September 1, 2000.
[65 FR 6823, Feb. 10, 2000, as amended at 66 FR 19308, Apr. 13, 2001]
ABT Program--Baseline Determination
Sec. 80.295 How is a refinery sulfur baseline determined?
(a) A refinery's gasoline sulfur baseline for the purpose of
generating credits during years 2000 through 2003 is calculated using
the following equation:
[GRAPHIC] [TIFF OMITTED] TR10FE00.011
Where:
SBase = Sulfur baseline value.
Vi = Volume of gasoline batch i.
Si = Sulfur content of gasoline batch i.
n = Total number of batches of gasoline produced during January 1, 1997
through December 31, 1998 (or the total number of batches of
gasoline pursuant to Sec. 80.290(c)(6); or, for a foreign
refinery, the total number of batches of gasoline produced and
imported into the U.S. during January 1, 1997 through December
31, 1998, or, the total number of batches of gasoline produced
and imported into the U.S. pursuant to Sec. 80.290(d)(2)).
[[Page 278]]
i = Individual batch of gasoline produced during January 1, 1997 through
December 31, 1998 (or individual batch of gasoline produced
pursuant to Sec. 80.290(c)(6); or, for a foreign refinery,
individual batch of gasoline produced and imported into the
U.S. during January 1, 1997 through December 31, 1998, or,
individual batch of gasoline produced and imported into the
U.S. pursuant to Sec. 80.290(d)(2)).
(b) Any refiner who, under Sec. 80.69 or Sec. 80.101(d)(4),
included oxygenate blended downstream in compliance calculations for
1997-1998 for a refinery must include this oxygenate in the baseline
calculations for sulfur content for that refinery under paragraph (a) of
this section.
(c) Sulfur baseline calculations under this section shall be
conducted to two decimal places.
[65 FR 6823, Feb. 10, 2000, as amended at 66 FR 19308, Apr. 13, 2001]
Sec. 80.300 [Reserved]
ABT Program--Credit Generation
Sec. 80.305 How are credits generated during the time period 2000
through 2003?
(a) Credits must be calculated as follows:
CRa = Va x (SBase - Sa)
Where:
CRa = Credits generated for the averaging period.
Va = Total volume of gasoline produced during the averaging
period at the refinery (or for a foreign refinery, the total
volume of gasoline produced during the averaging period at the
refinery that was imported into the U.S. in accordance with
the requirements of Sec. 80.410)
SBase = Sulfur baseline value for the refinery established
under Sec. 80.250 or Sec. 80.295.
Sa = Actual annual average sulfur level, calculated in
accordance with the provisions of Sec. 80.205, for gasoline
produced during the averaging period by the refinery,
exclusive of any credits, (or for a foreign refinery, the
actual average sulfur level, calculated in accordance with the
provisions of Sec. 80.205, for gasoline produced during the
averaging period at the refinery that was imported into the
U.S., in accordance with the requirements of Sec. 80.410,
exclusive of any credits.)
(b) The refiner may include any oxygenates included in its RFG or
conventional gasoline volume under Sec. Sec. 80.65 and 80.101(d)(4),
respectively, for the purpose of generating credits.
(c) Credits under this program are in units of ``ppm-gallons''.
(d) Refiners may generate credits for gasoline produced during an
averaging period for a refinery only if the annual average sulfur level
for the gasoline produced at that refinery during the averaging period
is less than 0.90 of the refinery's baseline under Sec. 80.250 or Sec.
80.295.
(e) Credits generated in accordance with paragraph (a) of this
section must be identified by the year of creation.
(f) For gasoline produced during the year 2000, the averaging period
for credits generated in accordance with paragraph (a) of this section
may be less than the full calendar year. Such partial-year averaging
period will begin with the first full month for which all applicable
sampling, testing, and documentation requirements are met.
[65 FR 6823, Feb. 10, 2000, as amended at 66 FR 19308, Apr. 13, 2001; 67
FR 40183, June 12, 2002]
Sec. 80.310 How are credits generated beginning in 2004?
(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
Sec. 80.240, the small refiner annual average sulfur standard
applicable to that refinery; or, for refiners and importers subject to
the GPA standards in Sec. 80.216, the least of 150.00 ppm, or the
refinery's or importer's 1997-1998 sulfur level calculated under Sec.
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 x (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.
[[Page 279]]
SCredit = 30.00 ppm; or the sulfur standard for a small
refinery established under Sec. 80.240; or, for gasoline
designated as GPA gasoline under Sec. 80.219, the least of
150.00 ppm, or the refinery's or importer's 1997-1998 sulfur
level calculated under Sec. 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 Sec. 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]
ABT Program--Credit Use
Sec. 80.315 How are credits used and what are the limitations
on credit use?
(a) Credit use. Credits may be used to meet the applicable refinery
or importer annual average sulfur standards under Sec. 80.195, Sec.
80.216, or Sec. 80.240, or may be used to meet the offset requirement
under Sec. 80.271(d)(1) for any refinery with an adjustment of itsper-
gallon cap standard pursuant to Sec. 80.271(a), provided that:
(1) Sulfur credits used were generated pursuant to the requirements
of this subpart; and
(2) The requirements of paragraphs (b) and (c) of this section are
met.
(b) Credit transfers. (1) Credits obtained from other persons may be
used to meet the annual average standards specified in Sec. 80.195,
Sec. 80.216, or Sec. 80.240, or may be used to meet the offset
requirement under Sec. 80.271(d)(1) for any refinery with an adjustment
of itsper-gallon cap standard pursuant to Sec. 80.271(a), if all the
following conditions are met:
(i) The credits are generated and reported according to the
requirements of this subpart.
(ii) The credits are used in compliance with the limitations
regarding the appropriate periods for credit use in this subpart.
(iii) Any credit transfer takes place no later than March 31
following the calendar year averaging period when the credits are used.
(iv) No credit may be transferred more than twice: The first
transfer by the refiner or importer who generated the credit may only be
made to a refiner or importer who intends to use the credit; if the
transferee cannot use the credit, it may make the second, and final,
transfer only to a refiner or importer who intends to use the credit. In
no case may a credit be transferred more than twice before being used or
terminated.
(v) The credit transferor must apply any credits necessary to meet
the transferor's applicable average standard before transferring credits
to any other refiner or importer.
(vi) No credits may be transferred that would result in the
transferor having a negative credit balance.
(vii) Each transferor must supply to the transferee records
indicating the years the credits were generated, the identity of the
refiner or importer who generated the credits, and the identity of the
transferring party, if it is not the same party that generated the
credits.
(2) In the case of credits that have been calculated or created
improperly, or are otherwise determined to be invalid, the following
provisions apply:
(i) Where a refiner's baseline has been determined to be incorrect
under Sec. 80.250(c) or Sec. 80.290(f), any credits generated, banked,
used or traded must be adjusted to reflect the corrected baseline.
(ii) Invalid credits cannot be used to achieve compliance with the
transferee's averaging standard, regardless of the transferee's good
faith belief that the credits were valid.
(iii) The refiner or importer who used the credits, and any
transferor of the credits, must adjust their credit records and reports
and sulfur calculations as necessary to reflect the proper credits.
(iv) Any properly created credits existing in the transferor's
credit balance after correcting the credit balance, and after the
transferor applies credits as needed to meet the average standard at the
end of the compliance year, must first be applied to correct the invalid
[[Page 280]]
transfers before the transferor trades or banks the credits.
(c) Limitations on credit use. (1) Credits generated prior to 2004
may only be used for demonstrating compliance with the refinery or
importer annual average standards under Sec. 80.195 during the 2005 and
2006 averaging periods. Such credits may be used to demonstrate
compliance with the standards under Sec. 80.216 during the 2004 through
2006 averaging periods, and with the standards under Sec. 80.240 during
the 2004 through 2007 averaging periods, and the 2008 and 2009 averaging
periods, if allowed under the terms of a hardship extension under Sec.
80.265.
(2) Credits generated in 2004 or later may only be used for
demonstrating compliance with standards during an averaging period
within five years of the year of generation.
(3) A refiner or importer possessing credits must use all credits
prior to falling into compliance deficit under Sec. 80.205(e).
(4) Credits may not be used to meet corporate pool average standards
under Sec. 80.195.
[65 FR 6823, Feb. 10, 2000, as amended at 67 FR 40184, June 12, 2002; 80
FR 9095, Feb. 19, 2015]
Sec. Sec. 80.320-80.325 [Reserved]
Sampling, Testing and Retention Requirements for Refiners and Importers
Sec. 80.330 What are the sampling and testing requirements for
refiners and importers?
(a) Sample and test each batch of gasoline. (1) Refiners and
importers shall collect a representative sample from each batch of
gasoline produced or imported and test each sample to determine its
sulfur content for compliance with requirements under this subpart prior
to the gasoline leaving the refinery or import facility, using the
sampling and testing methods provided in this section.
(2) Except as provided in paragraph (a)(3) of this section, the
requirements of this section apply beginning January 1, 2004, or January
1 of the first year of allotment or credit generation under Sec. 80.275
or Sec. 80.305, whichever is earlier.
(3) Prior to January 1, 2004:
(i) Any refiner may release gasoline from the refinery prior to
obtaining the test results required under paragraph (a)(1) of this
section.
(ii) Any refiner of conventional gasoline may combine samples of
gasoline from more than one batch of gasoline or blendstock prior to
analysis and treat such composite sample as one batch of gasoline or
blendstock pursuant to the requirements of Sec. 80.101(i)(2).
(4)(i) Beginning January 1, 2004, any refiner who produces gasoline
using computer-controlled in-line blending equipment is exempt from the
requirement of paragraph (a)(1) of this section to obtain the test
results required under paragraph (a)(1) of this section prior to the
gasoline leaving the refinery, provided that the refiner obtains an
exemption from this requirement from EPA. To obtain such exemption, the
refiner must:
(A) Have been granted an in-line blending exemption under Sec.
80.65(f)(4); or
(B) If the refiner has not been granted an exemption under Sec.
80.65(f)(4), submit to EPA all of the information required under Sec.
80.65(f)(4)(i)(A). A letter signed by the president, chief operating or
chief executive officer of the company, or his/her designee, stating
that the information contained in the submission is true to the best of
his/her belief must accompany any submission under this paragraph
(a)(4)(i)(B).
(ii) Refiners who seek an exemption under paragraph (a)(4)(i) of
this section must comply with any request by EPA for additional
information or any other requirements that EPA includes as part of the
exemption.
(iii) Within 60 days of EPA's receipt of a submission under
paragraph (a)(4)(i)(B) of this section, EPA will notify the refiner if
the exemption is not approved or of any deficiencies in the refiner's
submission, or if any additional information is required or other
requirements are included in the exemption pursuant to paragraph
(a)(4)(ii) of this section. In the absence of such notification from
EPA, the effective date of an exemption under paragraph (a)(4)(i) of
this section for refiners who do not hold an exemption under Sec.
80.65(f)(4) is 60 days from EPA's
[[Page 281]]
receipt of the refiner's submission under paragraph (a)(4)(i)(B) of this
section.
(iv) EPA reserves the right to modify the requirements of an
exemption under paragraph (a)(4)(i) of this section, in whole or in
part, at any time, if EPA determines that the refiner's operation does
not effectively or adequately control, monitor or document the sulfur
content of the refinery's gasoline production, or if EPA determines that
any other circumstances exist which merit modification of the
requirements of an exemption, such as advancements in the state of the
art for in-line blending measurement which allow for additional control
or more accurate monitoring or documentation of sulfur content. If EPA
finds that a refiner provided false or inaccurate information in any
submission required for an exemption under this section, upon
notification from EPA, the refiner's exemption will be void ab initio.
(b) Sampling methods. For purposes of paragraph (a) of this section,
refiners and importers shall sample each batch of gasoline by using one
of the following methods:
(1) Manual sampling of tanks and pipelines shall be performed
according to the applicable procedures specified in one of the two
following methods:
(i) ASTM D4057.
(ii) Samples collected under the applicable procedures in ASTM D5842
may be used for measuring sulfur content if there is no contamination
present that could affect the sulfur test result.
(2) Automatic sampling of petroleum products in pipelines shall be
performed according to the applicable procedures specified in ASTM
D4177.
(c) Test method for measuring sulfur content of gasoline. (1) For
purposes of paragraph (a) of this section, refiners and importers shall
use the method provided in Sec. 80.46(a)(1) or one of the alternative
test methods listed in Sec. 80.46(a)(3) to measure the sulfur content
of gasoline they produce or import through December 31, 2015. Beginning
January 1, 2016, for purposes of paragraph (a) of this section, refiners
and importers shall use an approved method in Sec. 80.47.
(2) Except as provided in Sec. 80.350 and in paragraph (c)(1) of
this section, any ASTM sulfur test method for liquefied fuels may be
used for quality assurance testing under Sec. 80.400, or to determine
whether gasoline qualifies for a S-RGAS downstream standard, if the
protocols of the ASTM method are followed and the alternative method is
correlated to the method provided in Sec. 80.46(a)(1).
(d) Test method for sulfur in butane. (1) Refiners and importers
shall use the method provided in Sec. 80.46(a)(2) through December 31,
2015 to measure the sulfur content of butane when the butane constitutes
a batch of gasoline. Beginning January 1, 2016, refiners and importers
shall use an approved method in Sec. 80.47 to measure the sulfur
content of butane when the butane constitutes a batch of gasoline.
(2) Except as provided in paragraph (d)(1) of this section, any ASTM
sulfur test method for gaseous fuels may be used for quality assurance
testing under Sec. Sec. 80.340(b)(4) and 80.400, if the protocols of
the ASTM method are followed and the alternative test method is
correlated to the method provided in Sec. 80.46(a)(2) through December
31, 2015, or in Sec. 80.47 beginning January 1, 2016.
(e) Materials incorporated by reference. The published materials
identified in this section are incorporated by reference into this
section with the approval of the Director of the Federal Register under
5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than
that specified in this section, a document must be published in the
Federal Register and the material must be available to the public. All
approved materials are available for inspection at the Air and Radiation
Docket and Information Center (Air Docket) in the EPA Docket Center
(EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave. NW.,
Washington, DC. The EPA/DC Public Reading Room hours of operation are
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.
The telephone number of the EPA/DC Public Reading Room is (202) 566-
1744, and the telephone number for the Air Docket is (202) 566-1742.
These approved materials are also available for inspection at the
[[Page 282]]
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call (202) 741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html. In addition, these materials are available from the
sources listed below.
(1) ASTM International material. The following standards are
available from ASTM International, 100 Barr Harbor Dr., P.O. Box C700,
West Conshohocken, PA 19428-2959, (877) 909-ASTM, or http://
www.astm.org:
(i) ASTM D4057-12, Standard Practice for Manual Sampling of
Petroleum and Petroleum Products, approved December 1, 2012 (``ASTM
D4057'').
(ii) ASTM D4177-95 (Reapproved 2010), Standard Practice for
Automatic Sampling of Petroleum and Petroleum Products, approved May 1,
2010 (``ASTM D4177'').
(iii) ASTM D5842-14, Standard Practice for Sampling and Handling of
Fuels for Volatility Measurement, approved January 15, 2014 (``ASTM
D5842'').
(2) [Reserved]
[65 FR 6823, Feb. 10, 2000, as amended at 66 FR 19308, Apr. 13, 2001; 68
FR 57820, Oct. 7, 2003; 79 FR 23652, Apr. 28, 2014; 80 FR 9095, Feb. 19,
2015]
Sec. 80.335 What gasoline sample retention requirements apply
to refiners and importers?
(a) Sample retention requirements. Beginning January 1, 2004, or
January 1 of the first year allotments or credits are generated under
Sec. Sec. 80.275 and 80.305, whichever is earlier, any refiner or
importer shall:
(1) Collect a representative portion of each sample analyzed under
Sec. 80.330(a), of at least 330 ml in volume;
(2) Retain sample portions for the most recent 20 samples collected,
or for each sample collected during the most recent 21 day period,
whichever is greater, not to exceed 90 days for any given sample;
(3) Comply with the gasoline sample handling and storage procedures
under Sec. 80.330(b) for each sample portion retained; and
(4) Comply with any request by EPA to:
(i) Provide a retained sample portion to the Administrator's
authorized representative; and
(ii) Ship a retained sample portion to EPA, within 2 working days of
the date of the request, by an overnight shipping service or comparable
means, to the address and following procedures specified by EPA, and
accompanied with the sulfur test result for the sample determined under
Sec. 80.330(a).
(b) Sample retention requirement for samples subject to independent
analysis requirements. (1) Any refiner or importer who meets the
independent analysis requirements under Sec. 80.65(f) for any batch of
reformulated gasoline or RBOB will have met the requirements of
paragraph (a) of this section, provided the independent laboratory meets
the requirements of paragraph (a) of this section for the gasoline
batch.
(2) For samples retained by an independent laboratory under
paragraph (b) of this section, the test results required to be submitted
under paragraph (a) of this section shall be the test results determined
under Sec. 80.65(e).
(c) Sampling compliance certification. Any refiner or importer shall
include with each annual report filed under Sec. 80.370, the following
statement, which must accurately reflect the facts and must be signed
and dated by the same person who signs the annual report:
I certify that I have made inquiries that are sufficient to give me
knowledge of the procedures to collect and store gasoline samples, and I
further certify that the procedures meet the requirements of the ASTM
procedures required under 40 CFR 80.330.
(d) Prior to January 1, 2004, for purposes of complying with the
requirements of this section, refiners who analyze composited samples
under Sec. 80.330(a)(3) must retain portions of the composited samples.
Portions of samples of each batch comprising the composited samples are
not required to be retained.
(e) For purposes of complying with the requirements of this section
for RBOB, a sample of each RBOB batch produced plus a sample of the
ethanol used to conduct the handblend testing pursuant to Sec. 80.69
must be retained.
[65 FR 6823, Feb. 10, 2000, as amended at 66 FR 19309, Apr. 13, 2001]
[[Page 283]]
Sec. 80.340 What standards and requirements apply to refiners
producing gasoline by blending blendstocks into previously certified
gasoline (PCG)?
(a) Any refiner who produces gasoline by blending blendstock into
PCG must meet the requirements of Sec. 80.330 to sample and test every
batch of gasoline as follows:
(1)(i) Sample and test to determine the volume and sulfur content of
the PCG prior to blendstock blending.
(ii) Sample and test to determine the volume and sulfur content of
the gasoline subsequent to blendstock blending.
(iii) Calculate the volume and sulfur content of the blendstock, by
subtracting the volume and sulfur content of the PCG from the volume and
sulfur content of the gasoline subsequent to blendstock blending. The
blendstock is a batch for purposes of compliance calculations and
reporting. For purposes of this paragraph (a), compliance with the
applicable cap standard under Sec. 80.195(a) shall be determined based
on the sulfur content of the gasoline subsequent to blendstock blending.
(2) In the alternative, a refiner may sample and test each batch of
blendstock when received at the refinery to determine the volume and
sulfur content, and treat each blendstock receipt as a separate batch
for purposes of compliance calculations for the annual average sulfur
standard and for reporting. This alternative applies only if every batch
of blendstock used at a refinery during an averaging period has a sulfur
content that is equal to, or less than, the applicable per-gallon cap
standard under Sec. Sec. 80.195 or 80.216.
(b) Refiners who blend only butane into PCG may meet the sampling
and testing requirements by using sulfur test results of the butane
supplier, provided that the following requirements are also met:
(1) The sulfur content of the butane received from the butane
supplier must not exceed the following sulfur standards on a per-gallon
basis as follows:
(i)(A) 120 ppm in 2004;
(B) 30 ppm from January 1, 2005 through December 31, 2016; and
(C) 10 ppm on or after January 1, 2017.
(ii) Except that the per-gallon sulfur content of butane blended to
PCG that is designated as GPA gasoline shall not exceed 150 ppm from
January 1, 2004, through December 31, 2006.
(2) The refiner obtains test results from the butane supplier that
demonstrate that the sulfur content of each load of butane supplied does
not exceed the applicable per-gallon sulfur standard under paragraph
(b)(1) of this section through test results of samples of the butane
contained in the storage tank from which the butane blender is supplied.
(i) Testing for the sulfur content of the butane by the supplier
must be subsequent to each receipt of butane into the supplier's storage
tank, or the testing must be immediately before transfer of butane to
the butane blender.
(ii) The testing must be performed by the method specified in Sec.
80.46(a)(2) or by the alternative method specified in Sec. 80.46(a)(4).
(iii) The butane blender must obtain a copy of the butane supplier's
test results, at the time of each transfer of butane to the butane
blender, that reflect the sulfur content of each load of butane supplied
to the butane blender.
(3) The sulfur content and volume of each batch of gasoline produced
is that of the butane the refiner blends into gasoline for purposes of
calculating compliance with the standards in Sec. Sec. 80.195 and
80.216.
(4) The refiner must conduct a quality assurance program of sampling
and testing for each butane supplier that demonstrates the butane sulfur
content does not exceed the applicable per-gallon sulfur standard in
paragraph (b)(1) of this section. The frequency of butane sampling and
testing, for each butane supplier, must be one sample for every 500,000
gallons of butane received, or one sample every 3 months, whichever
results in more frequent sampling.
(5) If any of the requirements of this section are not met, in whole
or in part, for any butane blended into gasoline, that butane is deemed
in violation of the gasoline sulfur standards in Sec. 80.195 or Sec.
80.216, as applicable.
(c) The procedures in Sec. Sec. 80.65(i) and 80.101(g)(9) may be
applied for purposes of demonstrating compliance with the sulfur
standards under this subpart.
[[Page 284]]
(d) Refiners who blend only blender-grade pentane into PCG pursuant
to the requirements of Sec. 80.85 may meet the sampling and testing
requirements by using sulfur test results of the pentane supplier
pursuant to the requirements Sec. 80.85, provided that the following
requirements are also met:
(1) The sulfur content and volume of each batch of gasoline produced
is that of the blender-grade pentane the refiner blends into gasoline
for purposes of calculating compliance with the standards in Sec. Sec.
80.195 and 80.216.
(2) If any of the requirements of this section are not met, in whole
or in part, for any pentane blended into gasoline, that pentane is
deemed in violation of the gasoline sulfur standards in Sec. 80.85, or
Sec. 80.86, Sec. 80.195, Sec. 80.216 as applicable.
[65 FR 6823, Feb. 10, 2000, as amended at 66 FR 67108, Dec. 28, 2001; 68
FR 57820, Oct. 7, 2003; 79 FR 23652, Apr. 28, 2014]
Sec. 80.345 [Reserved]
Sec. 80.350 What alternative sulfur standards and requirements apply
to importers who transport gasoline by truck?
Importers who import gasoline into the United States by truck may
comply with the following requirements instead of the requirements to
sample and test every batch of gasoline under Sec. 80.330, and the
annual sulfur average and per-gallon cap standards otherwise applicable
to importers under Sec. Sec. 80.195 and 80.216:
(a) Alternative standards. The imported gasoline must comply with
the standards in paragraph (a)(1) or (a)(2) of this section as follows:
(1) The applicable average standards, corporate average standards
and per-gallon standards under Sec. 80.195(a)(1), except that imported
gasoline designated for use in the geographic phase-in area from January
1, 2004, through December 31, 2006 must comply with an average standard
of 150 ppm and a per-gallon standard of 300 ppm; or
(2) In 2004, a per-gallon standard of 120 ppm, and in 2005 and
subsequent years a per-gallon standard of 30 ppm, except that imported
gasoline designated for use in the geographic phase-in area from January
1, 2004, through December 31, 2006 must comply with a per-gallon
standard of 150 ppm.
(b) Terminal testing. The importer may use test results for sulfur
content testing conducted by the terminal operator, for gasoline
contained in the storage tank from which trucks used to transport
gasoline into the United States are loaded, for purposes of
demonstrating compliance with the standards in paragraph (a) of this
section, provided the following conditions are met:
(1) The sampling and testing shall be performed after each receipt
of gasoline into the storage tank, or immediately before each transfer
of gasoline to the importer's truck.
(2) The sampling and testing shall be performed using the methods
specified in Sec. 80.330(b) and Sec. 80.46(a)(1) or one of the
alternative test methods listed in Sec. 80.46(a)(3), respectively.
(3) At the time of each transfer of gasoline to the importer's truck
for import to the U.S., the importer must obtain a copy of the terminal
test result that indicates the sulfur content of the truck load.
(c) Quality assurance program. The importer must conduct a quality
assurance program, as specified in this paragraph, for each truck
loading terminal.
(1) Quality assurance samples must be obtained from the truck-
loading terminal and tested by the importer, or by an independent
laboratory, and the terminal operator must not know in advance when
samples are to be collected.
(2) The sampling and testing must be performed using the methods
specified in Sec. Sec. 80.330(b) and 80.46(a)(1), respectively.
(3) The quality assurance test results for sulfur must differ from
the terminal test result by no more than the ASTM reproducibility of the
terminal's test results, as determined by the following equation:
R = 105 x ((S + 2)/10\4\)\0.4\
Where:
R = ASTM reproducibility.
S = Sulfur content based on the terminal's test result.
(4) The frequency of the quality assurance sampling and testing must
be at least one sample for each fifty of an
[[Page 285]]
importer's trucks that are loaded at a terminal, or one sample per
month, whichever is more frequent.
(d) Party required to conduct quality assurance testing. The quality
assurance program under paragraph (c) of this section shall be conducted
by the importer. In the alternative, this testing may be conducted by an
independent laboratory that meets the criteria under Sec.
80.65(f)(2)(iii), provided the importer receives, no later than 21 days
after the sample was taken, copies of all results of tests conducted.
(e) Assignment of batch numbers. The importer must treat each truck
load of imported gasoline as a separate batch for purposes of assigning
batch numbers and maintaining records under Sec. 80.365, and reporting
under Sec. 80.370.
(f) EPA inspections of terminals. EPA inspectors or auditors, and
auditors conducting attest engagements under Sec. 80.415, must be given
full and immediate access to the truck-loading terminal and any
laboratory at which samples of gasoline collected at the terminal are
analyzed, and must be allowed to conduct inspections, review records,
collect gasoline samples, and perform audits. These inspections or
audits may be either announced or unannounced.
(g) Certified Sulfur-FRGAS. This section does not apply to Certified
Sulfur-FRGAS.
(h) Reporting requirements. Any importer who elects to comply with
the alternative standards in paragraph (a) of this section shall comply
with the following requirements:
(1) All importer recordkeeping and reporting requirements under
Sec. Sec. 80.365 and 80.370, except as provided in paragraph (h)(2) of
this section.
(2) An importer who elects to comply with the alternative standards
in paragraph (a)(2) of this section must certify in the annual report
whether it is in compliance with the applicable per-gallon batch
standard set forth in paragraph (a)(2) of this section, in lieu of
providing the information required by Sec. 80.370(a) regarding annual
average sulfur content and compliance with the average standard under
Sec. 80.195.
(i) Effect of noncompliance. If any of the requirements of this
section are not met, all gasoline imported by the truck importer during
the time any requirements are not met is deemed in violation of the
gasoline sulfur average and per-gallon cap standards in Sec. 80.195 or
Sec. 80.216, as applicable. Additionally, if any requirement is not
met, EPA may notify the importer of the violation and, if the
requirement is not fulfilled within 10 days of notification, the truck
importer may not in the future use the sampling and testing provisions
in this section in lieu of the provisions in Sec. 80.330.
[38 FR 1255, Jan. 10, 1973, as amended at 68 FR 57820, Oct. 7, 2003]
Sec. 80.355 [Reserved]
Recordkeeping and Reporting Requirements
Sec. 80.360 [Reserved]
Sec. 80.365 What records must be kept?
(a) Records that must be kept. Beginning January 1, 2004, any person
who produces, imports, sells, offers for sale, dispenses, distributes,
supplies, offers for supply, stores, or transports gasoline, shall keep
records that contain the following information:
(1) The product transfer document information required under
Sec. Sec. 80.77, 80.106, 80.210 and 80.219; and
(2) For any sampling and testing for sulfur content required under
this subpart:
(i) The location, date, time and storage tank or truck
identification for each sample collected;
(ii) The name and title of the person who collected the sample and
the person who performed the test;
(iii) The results of the test as originally printed by the testing
apparatus, or where no printed result is produced, the results as
originally recorded by the person who performed the test; and
(iv) Any record that contains a test result for the sample that is
not identical to the result recorded under paragraph (a)(2)(iii) of this
section.
(b) Additional records that refiners and importers must keep.
Beginning January 1, 2004, or January 1 of the first year allotments or
credits are generated under Sec. 80.275 or Sec. 80.305, whichever is
earlier, any refiner for each of its refineries, and any importer for
the gasoline
[[Page 286]]
it imports, shall keep records that include the following information:
(1) For each batch of gasoline produced or imported:
(i) The batch volume;
(ii) The batch number assigned under Sec. 80.65(d)(3) and the
appropriate designation under paragraph (b)(1)(i) of this section;
except that if composite samples of conventional gasoline representing
multiple batches produced subsequent to December 31, 2003, are tested
under Sec. 80.101(i)(2) for anti-dumping compliance purposes, for
purposes of this subpart a separate batch number must be assigned to
each batch using the batch numbering procedures under Sec. 80.65(d)(3);
(iii) The date of production or importation; and
(iv) If appropriate, the designation of the batch as GPA gasoline
under Sec. 80.219, California gasoline under Sec. 80.375, exempt
gasoline for research and development under Sec. 80.380, or for export
outside the United States.
(2) Information regarding credits and allotments, separately kept
for credits and for allotments; separately kept according to the year of
creation for the credits and for the allotments; and for credit
generation or use starting in 2004, separately kept for GPA gasoline and
other gasoline. Information shall be kept separately for different types
of allotments and credits generated under Sec. Sec. 80.275(e)(1),
80.275(e)(2), 80.305 and 80.310:
(i) The number in the refiner's or importer's possession at the
beginning of the averaging period;
(ii) The number generated;
(iii) The number used;
(iv) If any were obtained from or transferred to other parties, for
each other party its name, its EPA refiner or importer registration
number, and the number obtained from, or transferred to, the other
party;
(v) The number that expired at the end of the averaging period;
(vi) The number of allotments, by type, that were converted into
credits under Sec. 80.275(e);
(vii) The number in the refiner's or importer's possession that will
carry over into the subsequent averaging period; and
(viii) Contracts or other commercial documents that establish each
transfer of credits and allotments from the transferor to the
transferee.
(3) The calculations used to determine the applicable refiner
baseline under Sec. 80.250 or Sec. 80.295.
(4) The calculations used to determine compliance with the
applicable sulfur average standards of Sec. 80.195, Sec. 80.216, Sec.
80.240, or Sec. 80.270.
(5) The calculations used to determine the number of credits or
allotments generated under Sec. 80.305, Sec. 80.310 or Sec. 80.275.
(6) The calculations used to determine any applicable adjusted cap
standard under Sec. 80.195(d).
(7) A copy of all reports submitted to EPA under Sec. 80.370.
(8) In the case of parties who process transmix, records of any
sampling and testing required under Sec. 80.213.
(c) Additional records importers must keep. Any importer shall keep
records that identify and verify the source of each batch of certified
Sulfur-FRGAS and non-certified Sulfur-FRGAS imported and demonstrate
compliance with the requirements for importers under Sec. 80.410(o).
(d) Length of time records must be kept. The records required in
this section shall be kept for five years from the date they were
created; except that:
(1) Transfers of credits and allotments. Records relating to credit
and allotment transfers, except as provided in paragraph (d)(2) of this
section, shall be kept by the transferor for 5 years from the date the
credits or allotments are transferred, and shall be kept by the
transferee for 5 years from the date the credits or allotments were
transferred, used or terminated, whichever is later.
(2) Early credits and allotments. (i) Where the party generating the
credits or allotments does not transfer the credits or allotments,
records must be kept for 5 years from the date of creation, use, or
termination, whichever is later.
(ii) Where early credits or allotments are transferred, records
relating to such credits or allotments shall be kept by both parties for
5 years from the date the credits or allotments were transferred, used,
or terminated, whichever is later.
[[Page 287]]
(e) Make records available to EPA. On request by EPA the records
required in paragraphs (a), (b) and (c) of this section shall be
provided to the Administrator's authorized representative. For records
that are electronically generated or maintained the equipment and
software necessary to read the records shall be made available, or if
requested by EPA, electronic records shall be converted to paper
documents which shall be provided to the Administrator's authorized
representative.
[65 FR 6823, Feb. 10, 2000, as amended at 67 FR 40184, June 12, 2002; 71
FR 31964, June 2, 2006]
Sec. 80.370 What are the sulfur reporting requirements?
Beginning with the 2004 averaging period, or the first year credits
or allotments are generated under Sec. 80.275 or Sec. 80.305,
whichever is earlier, and continuing for each averaging period
thereafter, any refiner or importer shall submit to EPA annual reports
that contain the information required in this section, and such other
information as EPA may require.
(a) Refiner and importer annual reports. Any refiner, for each of
its refineries, and any importer for the gasoline it imports, shall
submit a report for each calendar year averaging period that includes
the following information, and in the case of a refiner or importer
producing or importing both GPA gasoline and other gasoline, the
information shall be separately reported:
(1) The EPA importer, or refiner and refinery facility registration
numbers;
(2) The applicable baseline, average standard, and adjusted cap
standard as follows:
(i) For the years 2000 through 2003, the applicable baseline under
Sec. 80.250 or Sec. 80.295.
(ii) For the 2004 averaging period and subsequent averaging periods:
(A) All applicable average standards under Sec. 80.195, Sec.
80.216, Sec. 80.240 or Sec. 80.270;
(B) All applicable adjusted cap standards under Sec. 80.195(d),
with the 2005 report identifying both the 2004 and 2005 applicable
adjusted cap standards;
(3) The total volume of gasoline produced or imported;
(4) The annual average sulfur level of the gasoline produced or
imported;
(5) The annual average sulfur level after inclusion of any credits
and allotments;
(6) Information, separately provided, for credits and allotments,
and separately by year of creation, as follows:
(i) The number of credits and allotments at the beginning of the
averaging period;
(ii) The number of credits and allotments generated;
(iii) The number of credits and allotments used;
(iv) If any credits or allotments were obtained from or transferred
to other parties, for each other party its name and EPA refiner or
importer registration number, and the number of credits or allotments
obtained from or transferred to the other party;
(v) The number of credits and allotments that expired at the end of
the averaging period;
(vi) The number of credits and allotments that will carry over into
the subsequent averaging period; and
(vii) The number of each type of allotments converted to credits;
(7) For each batch of gasoline produced or imported during the
averaging period:
(i) The batch number assigned under Sec. 80.65(d)(3) and the
appropriate designation under Sec. 80.365; except that if composite
samples of conventional gasoline representing multiple batches produced
subsequent to December 31, 2003, are tested under Sec. 80.101(i)(2) for
anti-dumping compliance purposes, for purposes of this subpart a
separate batch number must be assigned to each batch using the batch
numbering procedures under Sec. 80.65(d)(3);
(ii) The date the batch was produced;
(iii) The volume of the batch; and
(iv) The sulfur content of the batch, along with identification of
the test method used to measure the sulfur content of the batch, as
determined under Sec. 80.330; and
(v) For any batch of small refiner gasoline produced by any refinery
with an adjustment of its per-gallon cap standard under Sec. 80.271(a),
the number of sulfur credits or allotments required under paragraph
(d)(1) of this section, the number of credits or allotments
[[Page 288]]
used, and the source(s) of these credits or allotments.
(8) When submitting reports under this paragraph (a), any importer
shall exclude certified Sulfur-FRGAS.
(b) Additional reporting requirements for importers. Any importer
shall report the following information for Sulfur-FRGAS imported during
the averaging period:
(1) The EPA refiner and refinery registration numbers of each
foreign refiner and refinery where the certified Sulfur-FRGAS was
produced; and
(2) The total gallons of certified Sulfur-FRGAS and non-certified
Sulfur-FRGAS imported from each foreign refiner and refinery.
(c) Corporate pool average reports. (1) Annual reports filed under
this section for the 2004 and 2005 averaging periods must include the
party's corporate pool average as determined under Sec. 80.205.
(2) If the party submitting the annual report under paragraph (c)(1)
of this section is a refiner with more than one refinery or is a refiner
who also imports gasoline, then for the purposes of this paragraph, the
party shall report the information required for individual refineries
and for importers under paragraph (a) of this section, also in the
aggregate for all the gasoline produced and imported during the calendar
year.
(3) Refiners and importers exempted from corporate pool standards
under Sec. 80.216 or Sec. 80.240 are exempt from reporting the
information required under paragraphs (c)(1) and (c)(2) of this section.
(4) A parent company must identify in the corporate pool average
reports required under paragraph (c)(1) of this section any refinery
facilities owned by the parent company, any subsidiaries wholly-owned by
the parent company, and any refinery facilities of the parent company's
wholly-owned subsidiaries, except as provided in paragraph (c)(5) of
this section.
(5) Where the wholly-owned subsidiaries of a parent company comply
with the corporate pool average standards individually pursuant to Sec.
80.195(c)(6)(ii):
(i) The corporate pool average reports required under paragraph
(c)(1) of this section must be submitted by each wholly-owned subsidiary
of the parent company;
(ii) Each wholly-owned subsidiary of the parent company must
identify in the corporate pool average reports required under paragraph
(c)(1) of this section the subsidiary's parent company and any refinery
facilities of the subsidiary; and
(iii) The parent company must submit the corporate pool average
reports required under paragraph (c)(1) of this section for any refinery
facilities owned by the parent company which are not the refinery
facilities of the parent company's wholly-owned subsidiaries.
(d) Report submission. Any annual report required under this section
shall be:
(1) Signed and certified as meeting all of the applicable
requirements of this subpart by the owner or a responsible corporate
officer of the refiner or importer; and
(2) Submitted to EPA by March 31 for the prior calendar year
averaging period.
(e) [Reserved]
(f) Attest reports. Attest reports for refiner and importer attest
engagements required under Sec. 80.415 shall be submitted to the
Administrator by June 1 of each year for the prior calendar year
averaging period.
[65 FR 6823, Feb. 10, 2000, as amended at 67 FR 40184, June 12, 2002; 79
FR 23652, Apr. 28, 2014]
Sec. Sec. 80.371-80.373 [Reserved]
Exemptions
Sec. 80.374 What if a refiner or importer is unable to produce
gasoline conforming to the requirements of this subpart?
In appropriate extreme and unusual circumstances (e.g., natural
disaster or Act of God) which are clearly outside the control of the
refiner or importer and which could not have been avoided by the
exercise of prudence, diligence, and due care, EPA may permit a refiner
or importer, for a brief period, to distribute gasoline which does not
meet the requirements of this subpart provided the refiner or importer
meets
[[Page 289]]
all the criteria, requirements and conditions contained in Sec. 80.73
(a) through (e).
Sec. 80.375 What requirements apply to California gasoline?
(a) Definition. For purposes of this subpart California gasoline
means any gasoline designated by the refiner as for use in California.
(b) California gasoline exemption. California gasoline that complies
with all the requirements of this section is exempt from all other
provisions of this subpart.
(c) Requirements for California gasoline. The requirements are:
(1) Each batch of California gasoline must be designated as such by
its refiner or importer;
(2) Designated California gasoline must be kept segregated from
gasoline that is not California gasoline, at all points in the
distribution system;
(3) Designated California gasoline must ultimately be used in the
State of California and not used elsewhere;
(4) In the case of California gasoline produced outside the State of
California, the transferors and transferees must meet the product
transfer document requirements under Sec. 80.81(g); and
(5) Gasoline that is ultimately used in any part of the United
States outside of the State of California must comply with the standards
and requirements of this subpart, regardless of any designation as
California gasoline.
(d) Use of California test methods and off site sampling procedures.
In the case of any gasoline that is not California gasoline and that is
either produced at a refinery located in the State of California or is
imported from outside the United States into the State of California,
the refiner or importer may, with regard to such gasoline:
(1) Use the sampling and testing methods approved in Title 13 of the
California Code of Regulations instead of the sampling and testing
methods required under Sec. 80.330; and
(2) Determine the sulfur content of gasoline at off site tankage as
permitted in Sec. 80.81(h)(2).
Sec. 80.380 What are the requirements for obtaining an exemption
for gasoline used for research, development or testing purposes?
Any person may request an exemption from the provisions of this
subpart for gasoline used for research, development or testing (``R&D'')
purposes by submitting to EPA an application that includes all the
information listed in paragraph (b) of this section.
(a) Criteria for an R&D exemption. For an R&D exemption to be
granted, the proposed test program must:
(1) Have a purpose that constitutes an appropriate basis for
exemption;
(2) Necessitate the granting of an exemption;
(3) Be reasonable in scope; and
(4) Have a degree of control consistent with the purpose of the
program and EPA's monitoring requirements.
(b) Information required to be submitted. To demonstrate each of the
four elements in paragraphs (a)(1) through (4) of this section, the
application required under this section must include the following
information:
(1) A statement of the purpose of the program demonstrating that the
program has an appropriate R&D purpose.
(2) An explanation of why the stated purpose of the program cannot
be achieved in a practicable manner without performing one or more of
the prohibited acts under Sec. 80.385.
(3) To demonstrate the reasonableness of the scope of the program:
(i) An estimate of the program's beginning and ending dates;
(ii) An estimate of the maximum number of vehicles and engines
involved in the program, and the number of miles and engine hours that
will be accumulated on each;
(iii) The sulfur content of the gasoline expected to be used in the
program; and
(iv) The quantity of gasoline that exceeds the applicable sulfur
standard that is expected to be used in the program.
(4) With regard to control, a demonstration that the program affords
EPA a monitoring capability, including at a minimum:
(i) A description of the technical and operational aspects of the
program;
[[Page 290]]
(ii) The site(s) of the program (including street address, city,
county, State, and ZIP code);
(iii) The manner in which information on vehicles and engines used
in the program will be recorded and made available to EPA;
(iv) The manner in which results of the program will be recorded and
made available to EPA;
(v) The manner in which information on the gasoline used in the
program (including quantity, sulfur content, name, address, telephone
number and contact person of the supplier, and the date received from
the supplier), will be recorded and made available to EPA;
(vi) The manner in which distribution pumps will be labeled to
insure proper use of the gasoline where appropriate;
(vii) The name, address, telephone number and title of the person(s)
in the organization requesting an exemption from whom further
information on the application may be obtained; and
(viii) The name, address, telephone number and title of the
person(s) in the organization requesting an exemption who is responsible
for recording and making available the information specified in
paragraphs (b)(4)(iii), (iv) and (v) of this section, and the location
in which such information will be maintained.
(c) Additional requirements. (1) The product transfer documents
associated with R&D gasoline must identify the gasoline as such, and
must state that the gasoline is to be used only for research,
development, or testing purposes.
(2) The R&D gasoline must be designated by the refiner or importer
as exempt R&D gasoline.
(3) The R&D gasoline must be kept segregated from non-exempt
gasoline at all points in the distribution system of the gasoline.
(4) The R&D gasoline must not be sold, distributed, offered for sale
or distribution, dispensed, supplied, offered for supply, transported to
or from, or stored by a gasoline retail outlet, or by a wholesale
purchaser-consumer facility, unless the wholesale purchaser-consumer
facility is associated with the R&D program that uses the gasoline.
(d) Memorandum of exemption. The Administrator will grant an R&D
exemption upon a demonstration that the requirements of this section
have been met. The R&D exemption will be granted in the form of a
memorandum of exemption signed by the applicant and the Administrator
(or delegate), which may include such terms and conditions as the
Administrator determines necessary to monitor the exemption and to carry
out the purposes of this section, including restoration of motor vehicle
emissions control systems. Any violation of such a term or condition of
the exemption or any requirement under this section will cause the
exemption to be void ab initio.
(e) Effects of exemption. Gasoline that is subject to an R&D
exemption under this section is exempt from other provisions of this
subpart provided that the gasoline is used in a manner that complies
with the memorandum of exemption granted under paragraph (d) of this
section.
Sec. 80.382 What requirements apply to gasoline for use in American
Samoa, Guam and the Commonwealth of the Northern Mariana Islands?
The gasoline sulfur standards of Sec. Sec. 80.195 and 80.240(a) do
not apply to gasoline that is produced, imported, sold, offered for
sale, supplied, offered for supply, stored, dispensed, or transported
for use in the Territories of Guam, American Samoa or the Commonwealth
of the Northern Mariana Islands, provided that such gasoline is:
(a) Designated by the refiner or importer as high sulfur gasoline
only for use in Guam, American Samoa, or the Commonwealth of the
Northern Mariana Islands;
(b) Used only in Guam, American Samoa, or the Commonwealth of the
Northern Mariana Islands;
(c) Accompanied by documentation that complies with the product
transfer document requirements of Sec. 80.365; and
(d) Segregated from non-exempt high sulfur fuel at all points in the
distribution system from the point the fuel is designated as exempt fuel
only for use in Guam, American Samoa, or the
[[Page 291]]
Commonwealth of the Northern Mariana Islands, while the exempt fuel is
in the United States but outside these Territories.
[71 FR 78093, Dec. 28, 2006]
Violation Provisions
Sec. 80.385 What acts are prohibited under the gasoline sulfur
program?
No person shall:
(a) Averaging violation. Produce or import gasoline that does not
comply with the applicable sulfur average standard under Sec. 80.195,
Sec. 80.216 or Sec. 80.240.
(b) Cap standard violation. Produce, import, sell, offer for sale,
dispense, supply, offer for supply, store or transport gasoline that
does not comply with the applicable sulfur cap standard under Sec.
80.195, Sec. 80.216, Sec. 80.210, Sec. 80.220, Sec. 80.240, or does
not comply with an adjusted cap standard approved for a small refiner
under Sec. 80.271.
(c) Causing an averaging, cap standard, or geographic phase-in area
(GPA) use violation. Cause another person to commit an act in violation
of paragraph (a), (b), or (f) of this section.
(d) Causing violating gasoline to be in the distribution system.
Cause gasoline to be in the distribution system which does not comply
with an applicable sulfur cap standard under Sec. 80.195, Sec. 80.210,
Sec. 80.216, Sec. 80.220 or Sec. 80.240; a sulfur average standard
under Sec. 80.195, Sec. 80.216 or Sec. 80.240; or a GPA use
prohibition under Sec. 80.219(c).
(e) Denatured fuel ethanol violation. (1) Through December 31, 2016,
blend into gasoline any denatured fuel ethanol with a sulfur content
higher than 30 ppm.
(2) Beginning January 1, 2017 and thereafter, blend into gasoline
any denatured fuel ethanol with a sulfur content higher than 10 ppm.
(f) GPA use violation. Produce, import, sell, offer for sale,
dispense, supply, offer for supply, store or transport gasoline that
does not comply with a GPA use prohibition under Sec. 80.219(c).
(g) Failure to use sufficient sulfur credits or allotments to offset
a per-gallon cap adjustment. For a small refiner that has an approved
adjustment of its per-gallon cap sulfur standard for a refinery under
Sec. 80.271, to fail to obtain (or generate) and use the required
number of sulfur credits or allotments to offset the revised per-gallon
cap sulfur standard under Sec. 80.217(d).
[65 FR 6823, Feb. 10, 2000, as amended at 67 FR 40184, June 12, 2002; 79
FR 23653, Apr. 28, 2014]