[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2017 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          

          Title 40

Protection of Environment


________________________

Part 80

                         Revised as of July 1, 2017

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2017
                    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........................     679
      Alphabetical List of Agencies Appearing in the CFR......     699
      List of CFR Sections Affected...........................     709

[[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 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
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 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
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Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

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Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
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Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
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inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
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 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of 
the revision date stated on the cover of each volume are not carried. 
Code users may find the text of provisions in effect on any given date 
in the past by using the appropriate List of CFR Sections Affected 
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Affected'' is published at the end of each CFR volume. For changes to 
the Code prior to the LSA listings at the end of the volume, consult 
previous annual editions of the LSA. For changes to the Code prior to 
2001, consult the List of CFR Sections Affected compilations, published 
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not accidentally dropped due to a printing or computer error.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
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This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
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CFR INDEXES AND TABULAR GUIDES

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and Finding Aids. This volume contains the Parallel Table of Authorities 
and Rules. A list of CFR titles, chapters, subchapters, and parts and an 
alphabetical list of agencies publishing in the CFR are also included in 
this volume.

[[Page vii]]

    An index to the text of ``Title 3--The President'' is carried within 
that volume.
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    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

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INQUIRIES

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or write to the Director, Office of the Federal Register, National 
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    Oliver A. Potts,
    Director,
    Office of the Federal Register.
    July 1, 2017.

                                
                                      
                            

  

[[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, 2017.

    Chapter I--Environmental Protection Agency appears in all thirty-
seven volumes. Regulations issued by the Council on Environmental 
Quality, including an Index to Parts 1500 through 1508, appear in the 
volume containing parts 1060 to end. The OMB control numbers for title 
40 appear in Sec. 9.1 of this chapter.

    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)

  --------------------------------------------------------------------
                                                                    Part

chapter i--Environmental Protection Agency (Continued)......          80

[[Page 3]]



         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)




  --------------------------------------------------------------------


  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]]



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.
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]

[[Page 6]]

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?
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?

[[Page 7]]

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]
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

[[Page 8]]

          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?
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?

[[Page 9]]

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?
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]

[[Page 10]]

                         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?
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]

[[Page 11]]

                           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  [Reserved]
80.1403  Which fuels are not subject to the 20% GHG thresholds?
80.1404  [Reserved]
80.1405  What are the Renewable Fuel Standards?
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?

[[Page 12]]

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.
80.1433-80.1439  [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.
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.

[[Page 13]]

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.

    Effective Date Note: At 59 FR 7716, Feb. 16, 1994, EPA published 
amendments to part 80 containing information collection and 
recordkeeping requirements, which will not become effective until 
approval has been given by the Office of Management and Budget.



                      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 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.).

[[Page 14]]

    (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).
    (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

[[Page 15]]

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 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

[[Page 16]]

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 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

[[Page 17]]

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 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).

[[Page 18]]

    (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.
    (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

[[Page 19]]

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.fdsys.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 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.

[[Page 20]]

    (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://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

[[Page 21]]

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



Secs. 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.
    (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

[[Page 22]]

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 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

[[Page 23]]

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]
    (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

[[Page 24]]

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 Latitude.........................         10.5         10.5         10.5         10.5         10.5
  South of 40 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
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 Latitude.........................         10.5          9.5          9.5          9.5          9.5

[[Page 25]]

 
  South of 38 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 Latitude.........................          9.5          9.0          9.0          9.5          9.5
  South of 34 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 Longitude........................         10.5         10.5         10.5         10.5         10.5
  West of 122 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 Longitude.........................          9.5          9.0          9.0          9.0          9.5
  West of 99 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 Longitude........................         10.5         10.5         10.5         10.5         10.5
  West of 122 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 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.

[[Page 26]]



                               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:
    Grant Parish \4\...........................          9.0          9.0          9.0          9.0          9.0
    All other volatility nonattainment areas...          9.0          7.8          7.8          7.8          7.8
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:
    Knox County................................          9.0          9.0          9.0          9.0          9.0
    Middle Tennessee Area \10\.................          9.0          9.0          9.0          9.0          9.0
    All volatility nonattainment areas.........          9.0          7.8          7.8          7.8          7.8
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 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.


[[Page 27]]

    (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 10% (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. 80.46(g). 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 volatility fuel. In 
this regard, the testing exemption application must include:
    (i) An estimate of the program's duration;

[[Page 28]]

    (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.fdsys.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 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

[[Page 29]]

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 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

[[Page 30]]

    (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 such distributor or ethanol blender designed to prevent 
such action, and despite reasonable efforts by the refiner (such as 
periodic sampling and testing)

[[Page 31]]

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 10% 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 (g)(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 paragraphs (b), (c), (d), (e) or 
(f), of this section, as a result of gasoline which contains between 9 
and 10 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 10 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 
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

[[Page 32]]

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]



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, shall retain the documents required under paragraph 
(c)(1) of this section for a period of five years from the date

[[Page 33]]

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.
    (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

[[Page 34]]

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 Secs. 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 Secs. 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 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

[[Page 35]]

    (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 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

[[Page 36]]

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.
    (3) The retailer shall be responsible for compliance with the 
labeling requirements of this section.

[57 FR 47771, Oct. 20, 1992]

[[Page 37]]



Secs. 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)...........................      2.0
Toxic air pollutants emissions reduction (percent)............     15.0
Benzene (percent, by volume)..................................      1.00
 

    (b) Simple model averaged standards. The ``simple model'' standards 
when achieved on average are as follows:

                     Simple Model Averaged Standards
Reid vapor pressure (in pounds per square inch):
  Gasoline designated for VOC-Control Region 1:
    Standard..................................................      7.1
    Per-Gallon Maximum........................................      7.4
  Gasoline designated for VOC-Control Region 2:
    Standard..................................................      8.0
    Per-Gallon Maximum........................................      8.3
Oxygen content (percent, by weight):
  Standard....................................................      2.1
  Per-Gallon Minimum..........................................      1.5
Toxic air pollutants emissions reduction (percent)............     16.5
Benzene (percent, by volume):
  Standard....................................................      0.95
  Per-Gallon Maximum..........................................      1.30
 

    (c) Phase I complex model per gallon standards. The Phase I 
``complex model'' standards for compliance when achieved on a per-gallon 
basis are as follows:

               Phase I--Complex Model Per-Gallon Standards
VOC emissions performance reduction (percent):
  Gasoline designated for VOC-Control Region 1................     35.1
  Gasoline designated for VOC-Control Region 2................     15.6

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Toxic air pollutants emissions performance reduction (percent)     15.0
NOX emissions performance reduction (percent).................      0.0
Oxygen content (percent, by weight)...........................      2.0
Benzene (percent, by volume)..................................      1.00
 

    (d) Phase I complex model averaged standards. The Phase I ``complex 
model'' standards for compliance when achieved on average are as 
follows:

                Phase I Complex Model Averaged Standards
VOC emissions performance reduction (percent)
    Gasoline designated for VOC-Control Region 1:
        Standard...............................................    36.6
        Per-Gallon Minimum.....................................    32.6
    Gasoline designated for VOC-Control Region 2:
        Standard...............................................    17.1
        Per-Gallon Minimum.....................................    13.1
Toxics air pollutants emissions performance reduction (percent)    16.5
NOX emissions performance reduction (percent)..................     1.5
Oxygen content (percent, by weight):
    Standard...................................................     2.1
    Per-Gallon Minimum.........................................     1.5
Benzene (percent, by volume):
    Standard...................................................     0.95
    Per-Gallon Maximum.........................................     1.30
 

    (e)(1) Phase II complex model per-gallon standards. The Phase II 
``complex model'' standards for compliance when achieved on a per-gallon 
basis are as follows:

              Phase II--Complex Model Per-Gallon Standards
VOC emissions performance reduction (percent):
  Gasoline designated for VOC-Control Region 1                     27.5
  Adjusted VOC gasoline designated for VOC-Control Region 2        23.9
  All other gasoline designated for VOC-Control Region 2           25.9
Toxic air pollutants emissions performance reduction (percent)     20.0
NOX emissions performance reduction (percent):
  Gasoline designated as VOC-controlled.......................      5.5
  Gasoline not designated as VOC-controlled...................      0.0
Benzene (percent, by volume)..................................      1.00
 

    (2)(i) The NOX 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...............................................    29.0
        Per-Gallon Minimum.....................................    25.0
    Adjusted VOC gasoline designated for VOC-Control Region 2
        Standard...............................................    25.4
        Per-Gallon Minimum.....................................    21.4
    All other gasoline designated for VOC-Control Region 2
        Standard...............................................    27.4
        Per-Gallon Minimum.....................................    23.4
Toxic air pollutants emissions performance reduction (percent).    21.5
NOX emissions performance reduction (percent):
    Gasoline designated as VOC-controlled......................     6.8
    Gasoline not designated as VOC-controlled..................     1.5
Benzene (percent, by volume):
    Standard...................................................     0.95
    Per-Gallon Maximum.........................................     1.30
 

    (2)(i) The NOX 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 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

[[Page 39]]

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 
Secs. 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 or importer shall be subject to the Phase I complex model 
standards specified in paragraphs (c) and (d) of this section.

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    (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 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

[[Page 41]]

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 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:

[[Page 42]]

    (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
South Carolina
Vermont
Virginia
West Virginia

    (2) The following States are included in PADD II:


[[Page 43]]


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
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

[[Page 44]]

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]
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

[[Page 45]]

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 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]

[[Page 46]]



Secs. 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) = G75(w1  x  Nv) + 
(w2  x  Hv)-1G76  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  DE200  + [(0.0008174  x  E300et) - 0.068624 - 
(0.000348  x  AROet)]  x  DE300  + [(-0.000348  x  
E300et) + .0323712]  x  DARO ]  + 100%  x  0.48  x  
[exp(v1(et)) / exp(v2(b)) ]  x  [[(0.000212  x  
E200et) - 0.01350]  x  DE200  + [(0.000816  x  
E300et) - 0.06233 - (0.00029  x  AROet)]  x  
DE300  + [(-0.00029  x  E300 ) + 0.028204]  x  DARO ]

    (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  DE200  + [(0.0008174  x  
E300et) - 0.068624 - (0.000348  x  AROet)]  x  
DE300  + [(-0.000348  x  E300et) + 0.0323712]  x  DARO ]  + 
100%  x  0.556  x  [exp(v2(et)) / exp(v2(b))]  x  
[[(0.000212  x  E200et) - 0.01350]  x  DE200  + [(0.000816 
x  E300et) - 0.06233 - (0.00029  x  AROet)]  x  
DE300  + [(-0.00029  x  E300et) + 0.028204]  x  DARO ]

    (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 DE200 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 DE200 shall be set equal to zero.
    (9) If the aromatics level of the target fuel is less than 18 volume 
percent, then DARO shall be set equal to (ARO-18 volume percent). If the 
aromatics level of the target fuel is less than 10 volume percent, then 
DARO shall be set equal to -8 volume percent.
    (10) If the aromatics level of the target fuel is greater than 46 
volume percent, then DARO 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 DARO shall be set equal to zero.
    (12) If the E300 level of the target fuel is less than 72 percent, 
then DE300 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 DE300 
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 DE300 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 DE300 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 DE200 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 DE200 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 DARO shall 
be set equal to (ARO-18 volume percent). If the aromatics level of the 
target fuel is less than 10 volume percent, then DARO shall be set equal 
to -8 volume percent.
    (10) If the aromatics level of the target fuel is greater than 46 
volume percent, then DARO 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 DARO shall be 
set equal to zero.
    (12) If the E300 level of the target fuel is less than 72 percent, 
then DE300 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 
DE300 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) = G75(w1  x  Nn) + 
(w2  x  Hn)-1G76  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  DSUL
 + [(-0.000238  x  AROet) + 0.0083632]  x  DARO
 + [(0.000733  x  OLEet) - 0.002774]  x  DOLE ]
 + 100%  x  0.18  x  [exp(n2(et))/exp(n2(b))]
  x  [0.000252  x  DSUL  +
 + [(-0.0001599  x  AROet) + 0.007097]  x  DARO
 + [(0.000732  x  OLEet) - 0.00276]  x  DOLE ]

    (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  DSUL
 + [(-0.000238  x  AROet) + 0.0083632]  x  DARO
 + [(0.000733  x  OLEet) - 0.002774]  x  DOLE ]
 + 100%  x  0.262  x  [exp(n2(et))/exp(n2(b))]
  x  [0.000252  x  DSUL  +
  x  [(-0.0001599  x  AROet) + 0.007097]  x  DARO
 + [(0.000732  x  OLEet) - 0.00276]  x  DOLE ]


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 DSUL 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 DSUL 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, DSUL 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 DARO 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 DARO 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 DARO shall be set equal to zero.
    (11) If the olefins level of the target fuel is greater than 19 
volume percent, then DOLE 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 DOLE 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) = G75(w1  x  Nb) + 
(w2  x  Hb) - 1G76  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 Secs. 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 tests1.5*(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 Secs. 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 Secs. 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 tests1.5*(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 Secs. 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 Secs. 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 Secs. 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)2 + (0.75R)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)2 + (0.75R)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)2 + (0.75R)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 Secs. 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...............................  [0.2API
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 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.



Secs. 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 
Secs. 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.



Secs. 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.



Secs. 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 F
90% distillation (T90)...................  5 F
E200.....................................  2.5 vol %
E300.....................................  3.5 vol %
API Gravity..............................  0.3 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 Secs. 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) The following Kentucky counties:
    (i) Boone;
    (ii) Campbell;
    (iii) Jefferson; and
    (iv) Kenton;
    (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;

[[Page 109]]

    (N) Proceeding on Ky 53 to the north-northwest to the junction of 
Moody Lane and Ky 53;
    (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

[[Page 110]]

retailers and wholesale purchaser-consumers in the Illinois portion of 
the St. 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]



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

[[Page 111]]


Indiana
Iowa
Kentucky
Maine
Massachusetts
Michigan
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

[[Page 112]]

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.
    (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

[[Page 113]]

and was not able to avoid the violation and has taken all reasonable 
steps to 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 Secs. 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 Secs. 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 Secs. 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 Secs. 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 Secs. 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 Secs. 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 Secs. 80.67(h)(1) (i) through 
(iv) and Secs. 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 September 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

[[Page 135]]

    (iii) Gasoline blendstocks that are suitable for use as a blendstock 
without further processing.
    (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

[[Page 136]]

excluded from compliance calculations for the transmix processing 
facility under 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 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;

[[Page 137]]

    (ii) The final transmix-blended gasoline meets all applicable 
downstream standards; and
    (iii) The transmix blender complies with the requirements in 
Secs. 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

[[Page 138]]

once per week and 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;
    (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 
Secs. 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 Secs. 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

[[Page 139]]

Sec. 80.86(a)(4). Samples and tests the pentane received from each 
pentane supplier at a frequency of one sample for 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:

[[Page 140]]

    (i) Olefins 10.0 vol%.
    (ii) Aromatics 2.0 vol%.
    (iii) Benzene 0.03 vol%.
    (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.

[[Page 141]]

    (vi) EPA will supply a company registration number to each importer. 
This registration number shall be used in all reports to the 
Administrator.
    (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 Secs. 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

[[Page 142]]

subpart that occurs at the joint venture facility or a facility that is 
owned by the joint owners, or a facility that 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]



Secs. 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

[[Page 143]]

conventional gasoline shall be determined as follows:
    (i) The simple model baseline exhaust benzene emissions shall be 
determined 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:

[[Page 144]]

    (i) An estimate of the quality, composition and volume of its 1990 
gasoline, or allowable substitute, based on the requirements specified 
in Secs. 80.91 through 80.93; and
    (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

[[Page 145]]

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.
    (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 Secs. 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

[[Page 146]]

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 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.

[[Page 147]]

    (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 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.

[[Page 148]]

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 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

[[Page 149]]

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 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

[[Page 150]]

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 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

[[Page 151]]

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 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

[[Page 152]]

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

    (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

[[Page 153]]

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;
    (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

[[Page 154]]

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 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%).

[[Page 155]]

    (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%.
    (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

[[Page 156]]

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 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

[[Page 157]]

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 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:

[[Page 158]]

    (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.
    (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:

[[Page 159]]

    (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 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 Secs. 80.90 through 
80.93 have been done correctly;
    (D) Proper adjustments have been made to the data or in the 
calculations, as applicable;

[[Page 160]]

    (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, 
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,

[[Page 161]]

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:
    (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

[[Page 162]]

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
    (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

[[Page 163]]

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 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

[[Page 164]]

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 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

[[Page 165]]

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 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 Secs. 80.90 through 
80.93.
    (1) The provisions for baselines as specified in Secs. 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 Secs. 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

[[Page 166]]

(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
    (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 Secs. 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:

[[Page 167]]

    (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 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

[[Page 168]]

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 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

[[Page 169]]

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 
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 Secs. 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 Secs. 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;

[[Page 170]]

    (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
    (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

[[Page 171]]

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.
    (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

[[Page 172]]

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 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


[[Page 173]]


    (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 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

[[Page 174]]

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 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]



Secs. 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.

[[Page 175]]

    (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) 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:

[[Page 176]]

    (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 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 Secs. 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]



Secs. 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 Secs. 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 Secs. 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 Secs. 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 
Secs. 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 Secs. 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]



Secs. 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 Secs. 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 
Secs. 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 Secs. 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 Secs. 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\
---------------------------------------------------------------------------

    \1\ Society of Automotive Engineers (SAE), 400 Commonwealth Drive, 
Warrendale, PA 15096-0001.
---------------------------------------------------------------------------

    (ii) ``BMW--10,000 Miles Intake Valve Test Procedure'', March 1, 
1991, Section 2257, Title 13, California Code of Regulations.
---------------------------------------------------------------------------

    \2\ [Reserved]
---------------------------------------------------------------------------

    (iii)
    (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\
---------------------------------------------------------------------------

    \3\ Coordinating Research Council Inc. (CRC), 219 perimeter Center 
Parking, Atlanta, Georgia, 30346.
---------------------------------------------------------------------------

    (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]



Secs. 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 Secs. 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 Secs. 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 
Secs. 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 Secs. 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 Secs. 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 
Secs. 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 Secs. 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 Secs. 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 Secs. 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 Secs. 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).

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    (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

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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 Secs. 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;