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— This consolidated CFR Part was last updated by Federal Register(FR) dated 10/22/2013 for §80.1401; §80.1426; §80.1450; §80.1451; §80.1453; §80.1454; §80.1460; .

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Table of Contents

Subpart A — General Provisions [ Last FR update*: 01/10/1973 ]
§80.1 — Scope. [ Last FR update*: 05/19/1977 ]
§80.2 — Definitions. [ Last FR update*: 01/10/1973 ]
§80.3 — Test methods. [ Last FR update*: 01/07/1982 ]
§80.4 — Right of entry; tests and inspections. [ Last FR update*: 07/05/1996 ]
§80.5 — Penalties. [ Last FR update*: 12/15/1993 ]
§80.7 — Requests for information. [ Last FR update*: 02/02/1996 ]
Subpart B — Controls and Prohibitions [ Last FR update*: 01/10/1973 ]
§80.22 — Controls and prohibitions. [ Last FR update*: 10/08/2008 ]
§80.23 — Liability for violations. [ Last FR update*: 02/02/1996 ]
§80.26 — Confidentiality of information. [ Last FR update*: 12/06/1973 ]
Subpart C — Oxygenated Gasoline [ Last FR update*: 01/10/1973 ]
Subpart D — Reformulated Gasoline [ Last FR update*: 02/16/1994 ]
§80.40 — Fuel certification procedures. [ Last FR update*: 07/25/2011 ]
§80.42 — Simple emissions model. [ Last FR update*: 05/08/1996 ]
§80.45 — Complex emissions model. [ Last FR update*: 07/25/2011 ]
§80.51 — Vehicle test procedures. [ Last FR update*: 02/16/1994 ]
§80.52 — Vehicle preconditioning. [ Last FR update*: 02/16/1994 ]
§80.67 — Compliance on average. [ Last FR update*: 05/08/2006 ]
§80.68 — Compliance surveys. [ Last FR update*: 02/26/2007 ]
§80.70 — Covered areas. [ Last FR update*: 04/24/2007 ]
§80.71 — Descriptions of VOC-control regions. [ Last FR update*: 02/16/1994 ]
§80.74 — Recordkeeping requirements. [ Last FR update*: 06/02/2006 ]
§80.75 — Reporting requirements. [ Last FR update*: 05/08/2006 ]
§80.77 — Product transfer documentation. [ Last FR update*: 06/02/2006 ]
§80.80 — Penalties. [ Last FR update*: 02/16/1994 ]
§80.82 — Butane blending. [ Last FR update*: 12/15/2005 ]
§80.83 — Renewable oxygenate requirements. [ Last FR update*: 08/02/1994 ]
§80.84 — Treatment of interface and transmix. [ Last FR update*: 06/02/2006 ]
Subpart E — Anti-Dumping [ Last FR update*: 02/16/1994 ]
§80.91 — Individual baseline determination. [ Last FR update*: 10/25/2007 ]
§80.92 — Baseline auditor requirements. [ Last FR update*: 02/26/2002 ]
§80.104 — Recordkeeping requirements. [ Last FR update*: 10/25/2007 ]
§80.105 — Reporting requirements. [ Last FR update*: 12/15/2005 ]
§80.106 — Product transfer documents. [ Last FR update*: 12/15/2005 ]
Subpart F — Attest Engagements [ Last FR update*: 02/16/1994 ]
§80.125 — Attest engagements. [ Last FR update*: 01/19/2007 ]
§80.126 — Definitions. [ Last FR update*: 05/08/2006 ]
§80.127 — Sample size guidelines. [ Last FR update*: 02/16/1994 ]
§80.130 — Agreed upon procedures reports. [ Last FR update*: 05/08/2006 ]
Subpart G — Detergent Gasoline [ Last FR update*: 11/01/1994 ]
§80.140 — Definitions. [ Last FR update*: 07/05/1996 ]
§80.141 — Interim detergent gasoline program. [ Last FR update*: 11/18/1996 ]
§80.158 — Product transfer documents (PTDs). [ Last FR update*: 11/06/1997 ]
§80.159 — Penalties. [ Last FR update*: 11/01/1994 ]
§80.160 — Exemptions. [ Last FR update*: 07/05/1996 ]
§80.162 — Additive compositional data. [ Last FR update*: 11/14/2005 ]
§80.163 — Detergent certification options. [ Last FR update*: 07/05/1996 ]
§80.164 — Certification test fuels. [ Last FR update*: 07/05/1996 ]
§80.167 — Confirmatory testing. [ Last FR update*: 07/05/1996 ]
§80.171 — Product transfer documents (PTDs). [ Last FR update*: 11/06/1997 ]
§80.172 — Penalties. [ Last FR update*: 11/18/1996 ]
§80.173 — Exemptions. [ Last FR update*: 07/05/1996 ]
§80.174 — Addresses. [ Last FR update*: 07/05/1996 ]
Subpart H — Gasoline Sulfur [ Last FR update*: 02/10/2000 ]
General Information [ Last FR update*: 02/10/2000 ]
Gasoline Sulfur Standards [ Last FR update*: 02/10/2000 ]
Geographic Phase-In Program [ Last FR update*: 02/10/2000 ]
Hardship Provisions [ Last FR update*: 02/10/2000 ]
Allotment Trading Program [ Last FR update*: 02/10/2000 ]
ABT Program — Baseline Determination [ Last FR update*: 02/10/2000 ]
ABT Program — Credit Generation [ Last FR update*: 02/10/2000 ]
ABT Program — Credit Use [ Last FR update*: 02/10/2000 ]
Recordkeeping and Reporting Requirements [ Last FR update*: 02/10/2000 ]
§80.365 — What records must be kept? [ Last FR update*: 06/02/2006 ]
Exemptions [ Last FR update*: 02/10/2000 ]
Violation Provisions [ Last FR update*: 02/10/2000 ]
Attest Engagements [ Last FR update*: 02/10/2000 ]
General Information [ Last FR update*: 01/18/2001 ]
Temporary Compliance Option [ Last FR update*: 01/18/2001 ]
Geographic Phase-In Provisions [ Last FR update*: 01/18/2001 ]
Small Refiner Hardship Provisions [ Last FR update*: 01/18/2001 ]
Other Hardship Provisions [ Last FR update*: 01/18/2001 ]
Labeling Requirements [ Last FR update*: 01/18/2001 ]
Sampling and Testing [ Last FR update*: 01/18/2001 ]
Recordkeeping and Reporting Requirements [ Last FR update*: 01/18/2001 ]
Exemptions [ Last FR update*: 01/18/2001 ]
Violation Provisions [ Last FR update*: 01/18/2001 ]
Subpart J — Gasoline Toxics [ Last FR update*: 01/18/2001 ]
General Information [ Last FR update*: 03/29/2001 ]
Gasoline Toxics Performance Requirements [ Last FR update*: 03/29/2001 ]
Baseline Determination [ Last FR update*: 03/29/2001 ]
Recordkeeping and Reporting Requirements [ Last FR update*: 03/29/2001 ]
§80.985 — What records shall be kept? [ Last FR update*: 03/29/2001 ]
Exemptions [ Last FR update*: 03/29/2001 ]
Violation Provisions [ Last FR update*: 03/29/2001 ]
Attest Engagements [ Last FR update*: 03/29/2001 ]
Additional Rulemaking [ Last FR update*: 03/29/2001 ]
Subpart K — Renewable Fuel Standard [ Last FR update*: 03/29/2001 ]
§80.1101 — Definitions. [ Last FR update*: 10/02/2008 ]
§80.1131 — Treatment of invalid RINs. [ Last FR update*: 06/24/2009 ]
§80.1141 — Small refinery exemption. [ Last FR update*: 10/02/2008 ]
Subpart L — Gasoline Benzene [ Last FR update*: 02/26/2007 ]
General Information [ Last FR update*: 02/26/2007 ]
Gasoline Benzene Requirements [ Last FR update*: 02/26/2007 ]
Averaging, Banking and Trading (ABT) Program [ Last FR update*: 02/26/2007 ]
Hardship Provisions [ Last FR update*: 02/26/2007 ]
Small Refiner Provisions [ Last FR update*: 02/26/2007 ]
Sampling, Testing and Retention Requirements [ Last FR update*: 02/26/2007 ]
Recordkeeping and Reporting Requirements [ Last FR update*: 02/26/2007 ]
§80.1350 — What records must be kept? [ Last FR update*: 02/26/2007 ]
Attest Engagements [ Last FR update*: 02/26/2007 ]
Violations and Penalties [ Last FR update*: 02/26/2007 ]
Foreign Refiners [ Last FR update*: 02/26/2007 ]
Subpart M — Renewable Fuel Standard [ Last FR update*: 03/26/2010 ]
§80.1400 — Applicability. [ Last FR update*: 03/26/2010 ]
§80.1401 — Definitions. [ Last FR update*: 10/22/2013 ]
§80.1431 — Treatment of invalid RINs. [ Last FR update*: 01/09/2012 ]
§80.1441 — Small refinery exemption. [ Last FR update*: 03/26/2010 ]
§80.1468 — Incorporation by reference. [ Last FR update*: 03/26/2010 ]
§80.1500 — Definitions. [ Last FR update*: 07/25/2011 ]
1. Scope. [ Last FR update*: 07/25/2011 ]
2. Applicable documents. [ Last FR update*: 07/25/2011 ]
3. Summary of method. [ Last FR update*: 07/25/2011 ]
4. Apparatus. [ Last FR update*: 07/25/2011 ]
5. Reagents. [ Last FR update*: 07/25/2011 ]
6. Calibration. [ Last FR update*: 07/25/2011 ]
7. Sampling. [ Last FR update*: 07/25/2011 ]
8. Procedure. [ Last FR update*: 07/25/2011 ]
9. Calculations. [ Last FR update*: 07/25/2011 ]
10. Precision. [ Last FR update*: 07/12/1974 ]
1. Scope. [ Last FR update*: 07/25/2011 ]
2. Summary of method. [ Last FR update*: 07/25/2011 ]
3. Apparatus. [ Last FR update*: 07/25/2011 ]
4. Reagents. [ Last FR update*: 07/25/2011 ]
5. Calibration. [ Last FR update*: 07/25/2011 ]
6. Procedure. [ Last FR update*: 07/25/2011 ]
7. Calculations. [ Last FR update*: 07/25/2011 ]
8. Precision. [ Last FR update*: 07/25/2011 ]
1. Scope and application. [ Last FR update*: 07/25/2011 ]
2. Summary of method. [ Last FR update*: 07/25/2011 ]
3. Sample handling and preservation. [ Last FR update*: 07/25/2011 ]
4. Apparatus. [ Last FR update*: 07/25/2011 ]
5. Reagents. [ Last FR update*: 07/25/2011 ]
6. Calibration standards. [ Last FR update*: 07/25/2011 ]
7. AAS Instrumental conditions. [ Last FR update*: 07/25/2011 ]
8. Procedures. [ Last FR update*: 07/25/2011 ]
9. Quality control. [ Last FR update*: 07/25/2011 ]
10. Past quality control data. [ Last FR update*: 07/25/2011 ]
1. Scope and application. [ Last FR update*: 07/25/2011 ]
2. Summary of method. [ Last FR update*: 07/25/2011 ]
3. Sample handling and preservation. [ Last FR update*: 07/25/2011 ]
4. Apparatus. [ Last FR update*: 07/25/2011 ]
5. Reagents. [ Last FR update*: 07/25/2011 ]
6. Calibration. [ Last FR update*: 07/25/2011 ]
7. Procedure. [ Last FR update*: 07/25/2011 ]
8. Quality control. [ Last FR update*: 07/25/2011 ]
A1. Precautionary Statements [ Last FR update*: 04/04/1991 ]


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.

(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]

As used in this part:

(a) Act means the Clean Air Act, as amended (42 U.S.C. 1857 et seq.).

(b) Administrator means the Administrator of the Environmental Protection Agency.

(c) Gasoline means any fuel sold in any State1 for use in motor vehicles and motor vehicle engines, and commonly or commercially known or sold as gasoline.

1State 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 gasoline or RBOB that previously has been included in a batch for purposes of complying with the standards in Subparts D, E, H, and J of this part, as appropriate.

(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 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 standard method D 976-80, entitled “Standard Methods for Calculated Cetane Index of Distillate Fuels”. ASTM test method D 976-80 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, 1916 Race Street, Philadelphia, PA 19103. A copy may be inspected at the Air Docket Section (A-130), Room M-1500, U.S. Environmental Protection Agency, Docket No. A-86-03, 401 M Street 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.

(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 is the aromatic hydrocarbon content in volume percent as determined by ASTM standard test method D1319-03e1, entitled, “Standard Test Method for Hydrocarbon Types in Liquid Petroleum Products by Fluorescent Indicator Adsorption”. ASTM standard test method D1319-03e1, approved November 1, 2003, is incorporated by reference. This incorporation by reference was approved by the Director of the Federal Register in accordance 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the American Society for Testing and Materials, 100 Barr Harbor Dr., West Conshohocken, PA 19428-2959, or by contacting ASTM customer service at 610-832-9585, or by contacting the e-mail address of service@astm.org from the ASTM Web site of http://www.astm.org. For further information on this test method, please contact the Environmental Protection Agency at 734-214-4582. 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). The telephone number for the Air Docket Public Reading Room is (202) 566-1742. 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.

(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 §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 §80.40, and which meets each of the standards and requirements prescribed under §80.41.

(ff) Conventional gasoline means any gasoline which has not been certified under §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 §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 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 °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 §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 D 975-04. The Director of the Federal Register approved the incorporation by reference of ASTM D 975-04, Standard Specification for Diesel Fuel Oils, as prescribed in 5 U.S.C. 552(a) and 1 CFR part 51. Anyone may purchase copies of this standard from the American Society for Testing and Materials, 100 Barr Harbor Dr., West Conshohocken, PA 19428. Anyone may inspect copies at the U.S. EPA, Air and Radiation Docket and Information Center, 1301 Constitution Ave., NW., Room B102, EPA West Building, 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.

(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 following: Distillate fuel with a T90 at or above 700 °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 §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 °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) 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 that is allowed by 40 CFR part 1043 to exceed the fuel sulfur limits for operation in an ECA (such as fuel used by excluded vessels or vessels equipped with equivalent emission controls in conformance with 40 CFR 1043.55).

(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.

(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]

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]

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]

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]

(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.

(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 §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]

The sampling methods specified in this section shall be used to collect samples of gasoline and diesel fuel 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 American Society for Testing and Materials (ASTM) method D 4057-95(2000), entitled “Standard Practice for Manual Sampling of Petroleum and Petroleum Products.”

(b) Automatic sampling. Automatic sampling of petroleum products in pipelines shall be performed according to the applicable procedures specified in ASTM method D 4177-95(2000), entitled “Standard Practice for Automatic Sampling of Petroleum and Petroleum Products.”

(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 in ASTM method D 5842-95(2000), entitled “Standard Practice for Sampling and Handling of Fuels for Volatility Measurement.”

(d) Sample compositing. Composite samples shall be prepared using the applicable procedures in ASTM method D 5854-96(2000), entitled “Standard Practice for Mixing and Handling of Liquid Samples of Petroleum and Petroleum Products.”

(e) Incorporations by reference. ASTM standard practices D 4057-95(2000), D 4177-95(2000), D 5842-95(2000), and D 5854-96(2000), are incorporated by reference. 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 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 Section (LE-131), room M-1500, U.S. Environmental Protection Agency, Docket No. A-97-03, 401 M Street, 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.

[67 FR 8736, Feb. 26, 2002]

(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 29-02e1, entitled, “Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications”.

(b) ASTM standard practice, E 29-02e1 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]

(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 §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 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]

Liability for violations of paragraphs (a) and (b) of §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 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]

(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 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 §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]

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]

(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 §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 §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 Standards1

StateMayJuneJulyAug.Sept.
Alabama10.510.59.59.510.5
Arizona:
North of 34 degrees latitude and east of 111 degrees longitude9.59.09.09.59.5
All areas except North of 34 degrees latitude and east of 111 degrees longitude9.59.09.09.09.5
Arkansas10.510.59.59.510.5
California:2
North Coast10.59.59.59.59.5
South Coast9.59.59.59.59.5
Southeast9.59.59.59.59.5
Interior9.59.59.59.59.5
Colorado10.59.59.59.59.5
Connecticut10.510.510.510.510.5
Delaware10.510.510.510.510.5
District of Columbia10.510.510.510.510.5
Florida10.510.510.510.510.5
Georgia10.510.59.59.510.5
Idaho10.510.510.510.510.5
Illinois:
North of 40° Latitude10.510.510.510.510.5
South of 40° Latitude10.510.59.59.510.5
Indiana10.510.510.510.510.5
Iowa10.510.510.510.510.5
Kansas10.510.59.59.510.5
Kentucky10.510.510.510.510.5
Louisiana10.510.59.59.510.5
Maine10.510.510.510.510.5
Maryland10.510.510.510.510.5
Massachusetts10.510.510.510.510.5
Michigan10.510.510.510.510.5
Minnesota10.510.510.510.510.5
Mississippi10.510.59.59.510.5
Missouri10.510.59.59.510.5
Montana10.510.510.510.510.5
Nebraska10.510.510.510.510.5
Nevada:
North of 38° Latitude10.59.59.59.59.5
South of 38° Latitude9.59.59.59.59.5
New Hampshire10.510.510.510.510.5
New Jersey10.510.510.510.510.5
New Mexico:
North of 34° Latitude9.59.09.09.59.5
South of 34° Latitude9.59.09.09.09.5
New York10.510.510.510.510.5
North Carolina10.510.59.59.510.5
North Dakota10.510.510.510.510.5
Ohio10.510.510.510.510.5
Oklahoma10.59.59.59.59.5
Oregon:
East of 122° Longitude10.510.510.510.510.5
West of 122° Longitude10.510.510.510.510.5
Pennsylvania10.510.510.510.510.5
Rhode Island10.510.510.510.510.5
South Carolina10.510.59.59.510.5
South Dakota10.510.510.510.510.5
Tennessee10.510.59.59.510.5
Texas:
East of 99° Longitude9.59.09.09.09.5
West of 99° Longitude9.59.09.09.09.5
Utah10.59.59.59.59.5
Vermont10.510.510.510.510.5
Virginia10.510.510.510.510.5
Washington:
East of 122° Longitude10.510.510.510.510.5
West of 122° Longitude10.510.510.510.510.5
West Virginia10.510.510.510.510.5
Wisconsin10.510.510.510.510.5
Wyoming10.510.510.510.510.5

1Standards are expressed in pounds per square inch (psi).

2California 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 §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 §80.27, “high ozone season” means the period from June 1 to September 15 of any calendar year and “regulatory control period” means the period from May 1 to September 15 of any calendar year.

Applicable Standards1 1992 and Subsequent Years

StateMayJuneJulyAugustSeptember
Alabama9.07.87.87.87.8
Arizona9.07.87.87.87.8
Arkansas9.07.87.87.87.8
California9.07.87.87.87.8
Colorado29.07.87.87.87.8
Connecticut9.09.09.09.09.0
Delaware9.09.09.09.09.0
District of Columbia9.07.87.87.87.8
Florida9.07.87.87.87.8
Georgia9.07.87.87.87.8
Idaho9.09.09.09.09.0
Illinois9.09.09.09.09.0
Indiana9.09.09.09.09.0
Iowa9.09.09.09.09.0
Kansas9.07.87.87.87.8
Kentucky9.09.09.09.09.0
Louisiana:
Grant Parish49.09.09.09.09.0
All other volatility nonattainment areas9.07.87.87.87.8
Maine9.09.09.09.09.0
Maryland9.07.87.87.87.8
Massachusetts9.09.09.09.09.0
Michigan9.09.09.09.09.0
Minnesota9.09.09.09.09.0
Mississippi9.07.87.87.87.8
Missouri9.07.87.87.87.8
Montana9.09.09.09.09.0
Nebraska9.09.09.09.09.0
Nevada9.07.87.87.87.8
New Hampshire9.09.09.09.09.0
New Jersey9.09.09.09.09.0
New Mexico9.07.87.87.87.8
New York9.09.09.09.09.0
North Carolina9.07.87.87.87.8
North Dakota9.09.09.09.09.0
Ohio9.09.09.09.09.0
Oklahoma9.07.87.87.87.8
Oregon9.07.87.87.87.8
Pennsylvania9.09.09.09.09.0
Rhode Island9.09.09.09.09.0
South Carolina39.09.09.09.09.0
South Dakota9.09.09.09.09.0
Tennessee:
Knox County9.09.09.09.09.0
All other volatility nonattainment areas9.07.87.87.87.8
Texas9.07.87.87.87.8
Utah9.07.87.87.87.8
Vermont9.09.09.09.09.0
Virginia9.07.87.87.87.8
Washington9.09.09.09.09.0
West Virginia9.09.09.09.09.0
Wisconsin9.09.09.09.09.0
Wyoming9.09.09.09.09.0

1Standards are expressed in pounds per square inch (psi).

2The Colorado Covered Area encompasses the Denver-Boulder-Greeley-Ft. Collins-Loveland, CO, 8-hour ozone nonattainment area (see 40 CFR part 81).

3The standard for nonattainment areas in South Carolina from June 1 until September 15 in 1992 and 1993 was 7.8 psi.

4The standard for Grant Parish from June 1 until September 15 in 1992 through 2007 was 7.8 psi.

(b) Determination of compliance. Compliance with the standards listed in paragraph (a) of this section shall be determined by the use of the sampling methodologies specified in §80.8 and the testing methodology specified in §80.46(c).

(c) Liability. Liability for violations of paragraph (a) of this section shall be determined according to the provisions of §80.28. Where the terms refiner, importer, distributor, reseller, carrier, ethanol blender, retailer, or wholesale purchaser-consumer are expressed in the singular in §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 §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 §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 §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;

(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]

(a) Violations at refineries or importer facilities. Where a violation of the applicable standard set forth in §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 §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 §80.27 is detected at a distributor facility, a reseller facility, or an ethanol blending plant which is operating under the corporate, trade, or brand name of a gasoline refiner or any of its marketing subsidiaries, the following parties shall be deemed in violation:

(1) The distributor or reseller, except as provided in paragraph (g)(3) or (g)(8) of this section;

(2) The carrier (if any), if the carrier caused the gasoline to violate the applicable standard;

(3) The refiner under whose corporate, trade, or brand name (or that of any of its marketing subsidiaries) the distributor, reseller, or ethanol blender is operating, except as provided in paragraph (g)(4) of this section; and

(4) The ethanol blender (if any) at whose ethanol blending plant the gasoline was produced, except as provided in paragraph (g)(6) or (g)(8) of this section.

(d) Violations at unbranded distributor facilities or ethanol blending plants. Where a violation of the applicable standard set forth in §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 §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 §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

(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 §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 §80.8 and the testing methodology set forth in §80.46(c), or any other test method where adequate correlation to §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 §80.8 and the testing methodology set forth in §80.46(c), or any other test method where adequate correlation to §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) 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 §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 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]

(a) Prohibited activities. Beginning October 1, 1993 and continuing until the implementation dates for subpart I of part 80 as specified in §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 §80.330(b), as applicable, and the appropriate testing methodologies specified in §80.580(a) for sulfur, §80.2(w) for cetane index, and §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 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 §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 §80.5.

[59 FR 35858, July 14, 1994, as amended at 63 FR 49465, Sept. 16, 1998; 66 FR 5135, Jan. 18, 2001]

(a) Violations at refiners or importers facilities. Where a violation of a diesel fuel standard set forth in §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 §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 §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 §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 §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 §80.29 is detected at a retail outlet or at a wholesale purchaser-consumer facility not displaying the corporate, trade, or brand name of a refiner or any of its marketing subsidiaries, the following parties shall be deemed in violation:

(1) The retailer or wholesale purchaser-consumer, except as provided in paragraph (g)(5) of this section;

(2) The distributor (if any), except as provided in paragraph (g)(3) of this section;

(3) The carrier (if any), if the carrier caused the diesel fuel to violate the standard by fuel switching, blending, mislabeling, or any other means; and

(4) The refiner or importer at whose refinery or import facility the diesel fuel was produced or imported, except as provided in paragraph (g)(2) of this section.

(g) Defenses. (1) In any case in which a carrier would be in violation under paragraph (b)(1) of this section, the carrier shall not be deemed in violation if he can demonstrate:

(i) Evidence of an oversight program conducted by the carrier, for monitoring the diesel fuel stored or transported by that carrier, such as periodic sampling and testing of the cetane index and sulfur percentage of incoming diesel fuel. Such an oversight program need not include periodic sampling and testing of diesel fuel in a tank truck operated by a common carrier, but in lieu of such tank truck sampling and testing the common carrier shall demonstrate evidence of an oversight program for monitoring compliance with the diesel fuel requirements of §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 §§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 §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 §§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 §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

(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]

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 than 2.0 cm3 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]

(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 §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]

(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]

Source: 59 FR 7813, Feb. 16, 1994, unless otherwise noted.

(a) Gasoline that complies with one of the standards specified in §80.41 (a) through (f) that is relevant for the gasoline, and that meets all other relevant requirements prescribed under §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 §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 §80.41 apply.

(3) For purposes of §80.78(a)(1)(v), the “Adjusted VOC gasoline” standards under §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 §80.70(f) and (i). For purposes of §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 §80.70(f) and (i), is subject to the VOC performance standards in §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]

(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
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 §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 §80.240 that has received an extension of its small refiner gasoline sulfur standards under §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 §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 §80.1230, pursuant to the provisions of §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 §80.1334, pursuant to §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 §80.240, the NOX emissions performance reduction specified in paragraph (f)(1) of this section shall no longer apply beginning January 1, 2008. For a refiner subject to the gasoline sulfur standards at §80.240 that has received an extension of its small refiner gasoline sulfur standards under §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 §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 §80.1230, pursuant to the provisions of §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 §80.1334, pursuant to §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 §§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 §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.

(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 §80.45) at one time:

(1) The simple model values for benzene, RVP, and oxygen specified in §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 §80.91; and

(4) The appropriate seasonal value of E-200 specified in §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 §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 §80.68, or fails a simple model VOC emissions reduction survey conducted pursuant to §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 §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 §80.68, or fails a simple model toxics emissions reduction survey series conducted pursuant to §80.68 during 1997, the complex model toxics emissions reduction requirement for that covered area beginning in the year following the year of the failure is made more stringent by increasing the average toxics emissions reduction by an additional 1.0%.

(3) In the event that a covered area for which the toxics emissions standard has been made more stringent passes all toxics emissions survey series in two consecutive years, the averaging standard for toxics emissions reductions for that covered area beginning in the year following the second year of passed survey series shall be made less stringent by decreasing the average toxics emissions reduction by 1.0%.

(4) In the event that a covered area for which the toxics emissions reduction standard has been made less stringent fails a subsequent toxics emissions reduction survey series:

(i) The standard for toxics emissions reduction for that covered area beginning in the year following this subsequent failure shall be made more stringent by increasing the average toxics emissions reduction by 1.0%; and

(ii) The standard for toxics emissions reduction for that covered area thereafter shall not be made less stringent regardless of the results of subsequent toxics emissions reduction surveys.

(m) Effect of NOX survey or survey series failure. (1) On each occasion that a covered area fails a NOX emissions reduction survey or survey series conducted pursuant to §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 §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:

(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   New Hampshire
Delaware   New Jersey
District of Columbia   North Carolina
Florida   Pennsylvania
Georgia   Rhode Island
Maine   South Carolina
Maryland   Vermont
Massachusetts   Virginia
New York   West Virginia

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

Illinois   Nebraska
Indiana   North Dakota
Iowa   Ohio
Kansas   Oklahoma
Kentucky   South Dakota
Michigan   Tennessee
Minnesota   Wisconsin
Missouri 

(3) The following States are included in PADD III:

Alabama   Mississippi
Arkansas   New Mexico
Louisiana   Texas

(4) The following States are included in PADD IV:

Colorado   Utah
Idaho   Wyoming
Montana 

(5) The following States are included in PADD V:

Arizona   Oregon
California   Washington
Nevada 

[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]

(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 §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×(1−(0.127/2.7)×OXCON)

EVPVOCS1 = 0.7952−0.2461×RVP +0.02293×RVP×RVP

RLVOCS1 = −0.734+0.1096×RVP +0.002791×RVP×RVP

REFVOCS1 = 0.04×((0.1667×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 × (1 − (0.127/2.7) × OXCON)

EVPVOCS2 = 0.813 − 0.2393 × RVP + 0.021239 × RVP × RVP

RLVOCS2 = 0.2963 − 0.1306 × RVP + 0.016255 × RVP × RVP

REFVOCS2 = 0.04 × ((0.1667 × RVP) − 0.45)

(3) The following equation shall comprise the simple model for VOC emissions during the winter period:

EXHVOCW = 0.656 × (1 − (0.127/2.7) × 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

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 §80.46)

ETOH = Oxygen content of the fuel in question in the form of ethanol, in terms of weight percent (as measured under §80.46)

ETBE = Oxygen content of the fuel in question in the form of ETBE, in terms of weight percent (as measured under §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 §80.46)

FAROM = Fuel aromatics of the fuel in question, in terms of volume percent (as measured under §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 × (53.2 −EXHBEN − EVPBEN − RLBEN − REFBEN − FORM − ACET − BUTA − POM)] / 53.2

EXHBEN = [1.884+0.949 × FBEN + 0.113 × (FAROM − FBEN)) / 100] × 1000 × EXHVOCS1

EVPBEN = HSBEN + DIBEN

HSBEN = FBEN × (EVPVOCS1 × 0.679) × 1000 × [(1.4448 − (0.0684 × MTBE/2.0) − (0.080274 × RVP)) / 100]

DIBEN = FBEN × (EVPVOCS1 × 0.321) × 1000 × [(1.3758 − (0.0579 × MTBE/2.0) − (0.080274 × RVP)) / 100]

RLBEN = FBEN × RLVOCS1 × 1000 × [(1.4448 − (0.0684 × MTBE/2.0) − (0.080274 × RVP)) / 100]

REFBEN = FBEN × REFVOCS1 × 1000 × [(1.3972 − (0.0591 × MTBE / 2.0) − (0.081507 × RVP)) / 100] BUTA = 0.00556 × EXHVOCS1 × 1000

POM = 3.15 × EXHVOCS1

(i) For any oxygenate or mixtures of oxygenates, the formaldehyde and acetaldehyde shall be calculated with the following equations:

FORM = 0.01256 × EXHVOCS1 × 1000 × [1 + (0.421 / 2.7) × MTBE + TAME) + (0.358 / 3.55) × ETOH + (0.137 / 2.7) × (ETBE + ETAE)]

ACET = 0.00891 × EXHVOCS1 × 1000 × [1 + (0.078 / 2.7) × (MTBE + TAME) + (0.865 / 3.55) × ETOH + (0.867 / 2.7) × (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 §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 × (52.1 − EXHBEN − EVPBEN − RLBEN − REFBEN − FORM − ACET − BUTA − POM) / 52.1

EXHBEN = [(1.884 + 0.949 × FBEN + 0.113 × (FAROM − FBEN)) / 100] × 1000 × EXHVOCS2

EVPBEN = HSBEN + DIBEN

HSBEN = FBEN × (EVPVOCS2 × 0.679) × 1000 × [(1.4448 − (0.0684 × MTBE / 2.0) − (0.080274 × RVP)) / 100]

DIBEN = FBEN × (EVPVOCS2 × 0.321) × 1000 × [(1.3758 − (0.0579 × MTBE / 2.0) − (0.080274 × RVP)) / 100]

RLBEN = FBEN × RLVOCS2 × 1000 × [(1.4448 − (0.0684 × MTBE / 2.0) − (0.080274 × RVP)) / 100]

REFBEN = FBEN × REFVOCS2 × 1000 × [(1.3972 − (0.0591 × MTBE / 2.0) − (0.081507 × RVP)) / 100]

BUTA = 0.00556 × EXHVOCS2 × 1000

POM = 3.15 × EXHVOCS2

(i) For any oxygenate or mixtures of oxygenates, the formaldehyde and acetaldehyde shall be calculated with the following equations:

FORM = 0.01256 × EEXHVOCS2 × 1000 × [1 + (0.421 / 2.7) × (MTBE + TAME) + (0.358 / 3.55) × ETOH + (0.137 / 2.7) × (ETBE + ETAE)]

ACET = 0.00891 × EXHVOCS2 × 1000 × [1 + (0.078 / 2.7) × (MTBE + TAME) + (0.865 / 3.55) × ETOH + (0.867 / 2.7) × (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 §80.48.

(3) The following equations shall comprise the simple model for toxics emissions during the winter period:

TOXREDW = 100 × (55.5 − EXHBEN − FORM − ACET − BUTA − POM) / 55.5

EXHBEN = [(1.884 + 0.949 × FBEN + 0.113 × (FAROM − FBEN)) / 100] × 1000 × EXHVOCW

BUTA = 0.00556 × EXHVOCW × 1000

POM = 2.13 × EXHVOCW

(i) For any oxygenate or mixtures of oxygenates, the formaldehyde and acetaldehyde shall be calculated with the following equations:

FORM = 0.01256 × EXHVOCS1 × 1000 × [1 + (0.421 / 2.7) × (MTBE + TAME) + (0.358 / 3.55) × ETOH + (0.137 / 2.7) × (ETBE + ETAE)]

ACET = 0.00891 × EXHVOCS1 × 1000 × [1 + (0.078 / 2.7) × (MTBE + TAME) + (0.865 / 3.55) × ETOH + (0.867 / 2.7) × (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 §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 parameterRange
Benzene content0.0-4.9 vol %.
RVP6.6-9.0 psi.1
Oxygenate content0-4.0 wt %.
Aromatics content0-55 vol %.

1For 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]

(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 °F distillation fraction of the target fuel in terms of volume percent

E300 = 300 °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 IPhase II
VOC & toxicsNOXVOC & toxicsNOX
Normal Emitters (w1)0.520.820.4440.738
Higher Emitters (w2)0.480.180.5560.262

(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 propertySummerWinter
Oxygen (wt %)0.00.0
Sulfur (ppm)339338
RVP (psi)8.711.5
E200 (%)41.050.0
E300 (%)83.083.0
Aromatics (vol %)32.026.4
Olefins (vol %)9.211.9
Benzene (vol %)1.531.64

(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

Exhaust pollutantPhase IPhase II
Summer (mg/mile)Winter (mg/mile)Summer (mg/mile)Winter (mg/mile)
VOC446.0660.0907.01341.0
NOX660.0750.01340.01540.0
Benzene26.1037.5753.5477.62
Acetaldehyde2.193.574.447.25
Formaldehyde4.857.739.7015.34
1,3-Butadiene4.317.279.3815.84
POM1.502.213.044.50

Table 4—Baseline Non-Exhaust Emissions (Summer Only)

Non-exhaust pollutantPhase IPhase II
Region 1 (mg/mile)Region 2 (mg/mile)Region 1 (mg/mile)Region 2 (mg/mile)
VOC860.48769.10559.31492.07
Benzene9.668.636.245.50

Table 5—Total Baseline VOC, NOX and Toxics Emissions

PollutantSummer (mg/mile)Winter (mg/mile)
Phase IPhase IIPhase IPhase II
Region 1Region 2Region 1Region 2Region 1Region 2Region 1Region 2
NOX660.0660.01340.01340.0750.0750.01540.01540.0
VOC1306.51215.11466.31399.1660.0660.01341.01341.0
Toxics48.6147.5886.3485.6158.3658.36120.55120.55

(c) VOC performance. (1) The exhaust VOC emissions performance of gasolines shall be given by the following equations:

VOCE = VOC(b)+(VOC(b)×Yvoc(t)/100)

Yvoc(t) = [(w1×Nv)+(w2×Hv)−1]×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 × OXY) + (0.0005219 × SUL) + (0.0289749 × RVP) + (−0.014470 × E200) + (−0.068624 × E300) + (0.0323712 × ARO) + (−0.002858 × OLE) + (0.0001072 × E2002) + (0.0004087 × E3002) + (−0.0003481 × ARO × E300)

(ii) VOC equation for higher emitters.

v2 = (−0.003626 × OXY) + (−5.40×10−5 × SUL) + (0.043295 × RVP) + (−0.013504 × E200) + (−0.062327 × E300) + (0.0282042 × ARO) + (−0.002858 × OLE) + (0.000106 × E2002) + (0.000408 × E3002) + (−0.000287 × ARO × 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×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 × 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 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

Fuel parameterPhase IPhase II
Lower limitHigher limitLower limitHigher limit
E20033.0065.8333.0065.52
E30072.00Variable172.00Variable2
ARO18.0046.0018.0046.00

1Higher E300 limit = lower of 94.0 or 80.32+[0.390×(ARO)].

2Higher E300 limit = lower of 94.0 or 79.75+[0.385×(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% × 0.52 × [exp(v1(et)) / exp(v1(b)) − 1] + 100% × 0.48 × [exp(v2(et)) / exp(v2(b)) − 1] + {100% × 0.52 × [exp(v1(et)) / exp(v1(b))] × [{[(0.0002144 × E200et) − 0.014470] × ΔE200} + {[(0.0008174 × E300et) − 0.068624 − (0.000348 × AROet)] × ΔE300} + {[(−0.000348 × E300et) + .0323712] × ΔARO}]} + {100% × 0.48 × [exp(v1(et)) / exp(v2(b))}] × [{[(0.000212 × E200et) − 0.01350] × ΔE200} + {[(0.000816 × E300et) − 0.06233 − (0.00029 × AROet)] × ΔE300} + {[(−0.00029 × E300}) + 0.028204] × ΔARO}]}

(2) For Phase II:

YVOC(t) = 100% × 0.444 × [exp(v1(et)) / exp(v1(b)) − 1] + 100% × 0.556 × [exp(v2(et)) / exp(v2(b)) − 1] + {100% × 0.444 × [exp(v1(et)) / exp(v1(b))] × [{[(0.0002144 × E200et) − 0.014470] × ΔE200} + {[(0.0008174 × E300et) − 0.068624 − (0.000348 × AROet)] × ΔE300} + {[(−0.000348 × E300et) + 0.0323712] × ΔARO}]} + {100% × 0.556 × [exp(v2(et)) / exp(v2(b))] × [{[(0.000212 × E200et) − 0.01350] × ΔE200} + {[(0.000816 × E300et) − 0.06233 − (0.00029 × AROet)] × ΔE300} + {[(-0.00029 × E300et) + 0.028204] × ΔARO}]}

(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 × 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 ΔE200 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 ΔE200 shall be set equal to zero.

(9) If the aromatics level of the target fuel is less than 18 volume percent, then ΔARO shall be set equal to (ARO−18 volume percent). If the aromatics level of the target fuel is less than 10 volume percent, then ΔARO shall be set equal to −8 volume percent.

(10) If the aromatics level of the target fuel is greater than 46 volume percent, then ΔARO shall be set equal to (ARO−46 volume percent).

(11) If neither of the conditions established in paragraphs (c)(1)(iv)(C)(9) and (10) of this section are met, then ΔARO shall be set equal to zero.

(12) If the E300 level of the target fuel is less than 72 percent, then ΔE300 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 ΔE300 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×ARO)] also is greater than 94, then ΔE300 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 ΔE300 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 × 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 ΔE200 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 ΔE200 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 ΔARO shall be set equal to (ARO−18 volume percent). If the aromatics level of the target fuel is less than 10 volume percent, then ΔARO shall be set equal to −8 volume percent.

(10) If the aromatics level of the target fuel is greater than 46 volume percent, then ΔARO 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 ΔARO shall be set equal to zero.

(12) If the E300 level of the target fuel is less than 72 percent, then ΔE300 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 × ARO)) also is greater than 94, then ΔE300 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 × 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:

VOCNE1 = VOCDI1 + VOCHS1 + VOCRL1 + VOCRF1

VOCDI1 = [0.00736 × (RVP2)] − [0.0790 × RVP] + 0.2553

VOCHS1 = [0.01557 × (RVP2)] − [0.1671 × RVP] + 0.5399

VOCRL1 = [0.00279 × (RVP2)] + [0.1096 × RVP] − 0.7340

VOCRF1 = [0.006668 × RVP] − 0.0180

(ii) During Phase II:

VOCNE1 = VOCDI1 + VOCHS1 + VOCRL1 + VOCRF1

VOCDI1 = [0.007385 × (RVP2)] − [0.08981 × RVP] + 0.3158

VOCHS1 = [0.006654 × (RVP2)] − [0.08094 × RVP] + 0.2846

VOCRL1 = [0.017768 × (RVP2)] − [0.18746 × RVP] + 0.6146

VOCRF1 = [0.004767 × 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 × (RVP2)] − [0.07682 × RVP] + 0.2610

VOCHS2 = [0.014421 × (RVP2)] − [0.16248 × RVP] + 0.5520

VOCRL2 = [0.016255 × (RVP2)] − [0.1306 × RVP] + 0.2963

VOCRF2 = [0.006668 × RVP] − 0.0180

(ii) During Phase II:

VOCNE2 = VOCDI2 + VOCHS2 + VOCRL2 + VOCRF2

VOCDI2 = [0.004775 × (RVP2)] − [0.05872 × RVP] + 0.21306

VOCHS2 = [0.006078 × (RVP2)] − [0.07474 × RVP] + 0.27117

VOCRL2 = [0.016169 × (RVP2)] − [0.17206 × RVP] + 0.56724

VOCRF2 = [0.004767 × 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% × (VOCS1−1.306 g/mi)]/(1.306 g/mi)

VOCS2% = [100% × (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% × (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% × (VOCS1−1.4663 g/mi)]/(1.4663 g/mi)

VOCS2% = [100% × (VOCS2−1.3991 g/mi)]/(1.3991 g/mi)

(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% × (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) × Y(t)/100]

YNOX(t) = [(w1 × Nn)+(w2 × Hn)−1] × 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 × OXY) + (0.0006921 × SUL) + (0.0090744 × RVP) + (0.0009310 × E200)+ (0.0008460 × E300)+ (0.0083632 × ARO) + (−0.002774 × OLE) + (−6.63×10−7 × SUL2) + (−0.000119 × ARO2) + (0.0003665 × OLE2)

(ii) Equation for higher emitters.

n2 = (−0.00913 × OXY) + (0.000252 × SUL) + (−0.01397 × RVP) + (0.000931 × E200) + (−0.00401 × E300) + (0.007097 × ARO) + (−0.00276 × OLE) + (0.0003665 × OLE2) + (−7.995×10−5 × ARO2)

(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

Fuel parameterPhase IPhase II
Low endHigh endLow endHigh end
SUL10.0450.010.0450.0
OLE3.7719.03.7719.0
ARO18.036.218.036.8

(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% × 0.82 × [exp(n1(et))/exp(n1(b)) − 1]

+ 100% × 0.18 × [exp(n2(et))/exp(n2(b)) − 1]

+ {100% × 0.82 × [exp(n1(et))/exp(n1(b))] × [{[(−0.00000133 × SULet) + 0.000692] × ΔSUL}

+ {[(−0.000238 × AROet) + 0.0083632] × ΔARO}

+ {[(0.000733 × OLEet) − 0.002774] × ΔOLE}]}

+ {100% × 0.18 × [exp(n2(et))/exp(n2(b))]

× [{0.000252 × ΔSUL} +

+ {[(−0.0001599 × AROet) + 0.007097] × ΔARO}

+ {[(0.000732 × OLEet) − 0.00276] × ΔOLE}]}

(2) For Phase II:

YNOX(t) = 100% × 0.738 × [exp(n1(et))/exp(n1(b)) − 1]

+ 100% × 0.262 × [exp(n2(et)/exp(n2(b)) − 1]

+ [100% × 0.738 × [exp(n1(et))/exp(n1(b))]

× [{[(−0.00000133 × SULet) + 0.000692] × ΔSUL}

+ {[(−0.000238 × AROet) + 0.0083632] × ΔARO}

+ {[(0.000733 × OLEet) − 0.002774] × ΔOLE}]}

+ {100% × 0.262 × [exp(n2(et))/exp(n2(b))]

× [{0.000252 × ΔSUL} +

× [{(−0.0001599 × AROet) + 0.007097] × ΔARO}

+ {[(0.000732 × OLEet) − 0.00276] × ΔOLE}]}

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 ΔSUL 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 ΔSUL 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, ΔSUL 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 ΔARO shall be set equal to (ARO−18 volume percent). If the aromatics level of the target fuel is less than 10 volume percent, then ΔARO 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 ΔARO shall be set equal to zero.

(11) If the olefins level of the target fuel is greater than 19 volume percent, then ΔOLE 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 ΔOLE 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% × (NOX−0.660 g/mi)]/(0.660 g/mi)

Winter NOX% = [100% × (NOX−0.750 g/mi)]/(0.750 g/mi)

For Phase II:

Summer NOX% = [100% × (NOX−1.340 g/mi)]/(1.340 g/mi)

Winter NOX% = [100% × (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% × (TOXICS1 −48.61 mg/mi)]/(48.61 mg/mi)

TOXICS2% = [100% × (TOXICS2 − 47.58 mg/mi)] / (47.58 mg/mi)

For Phase II:

TOXICS1% = [100% × (TOXICS1 − 86.34 mg/mi)] / (86.34 mg/mi)

TOXICS2% = [100% × (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.

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%×(TOXICW−58.36 mg/mi)] / (58.36 mg/mi)

For Phase II:

TOXICW% = [100%×(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 §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) × YBEN(t)/100)

YBEN(t) = [(w1 × Nb) + (w2 × Hb) − 1] × 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 × SUL) + (−0.003376 × E200) + (0.0265500 × ARO) + (0.2223900 × BEN)

(ii) Equation for higher emitters.

b2 = (−0.096047 × OXY) + (0.0003370 × SUL) + (0.0112510 × E300) + (0.0118820 × ARO) + (0.2223180 × 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) × YFORM(t) / 100)

YFORM(t) = [(w1 × Nf) + (w2 × Hf) − 1] × 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.

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 × E300) + (−0.007166 × ARO) + (0.0462131 × MTB)

(ii) Equation for higher emitters.

f2 = (−0.010226 × E300) + (−0.007166 × ARO) + (−0.031352 × OLE) + (0.0462131 × 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 §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)×YACET(t)/100)

YACET(t) = [(w1×Na) + (w2×Ha)−1]×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×SUL)+ (0.0397860×RVP) + (−0.012172×E300) + (−0.005525×ARO) + (−0.009594×MTB) + (0.3165800×ETB) + (0.2492500×ETH)

(ii) Equation for higher emitters.

a2 = (0.0002627×SUL)+ (−0.012157×E300) + (−0.005548×ARO) + (−0.055980×MTB) + (0.3164665×ETB) + (0.2493259×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 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 §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)×YBUTA(t)/100)

YBUTA(t) = [(w1×Nd) + (w2×Hd)−1]×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×SUL)+ (−0.007253×E200) + (−0.014866×E300) + (−0.004005×ARO) + (0.0282350×OLE)

(ii) Equation for higher emitters.

d2 = (−0.060771×OXY)+ (−0.007311×E200) + (−0.008058×E300) + (−0.004005×ARO) + (0.0436960×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×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 × BEN × VOCHS1 × [(−0.0342 × MTB) + (−0.080274 × RVP) + 1.4448]

DIBZ1 = 10 × BEN × VOCD11 × [(−0.0290 × MTB) + (−0.080274 × RVP) + 1.3758]

RLBZ1 = 10 × BEN × VOCRL1 × [(−0.0342 × MTB) + (−0.080274 × RVP) + 1.4448]

RFBZ1 = 10 × BEN × VOCRF1 × [(−0.0296 × MTB) + (−0.081507 × RVP) + 1.3972

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 × BEN × VOCHS2 × [(−0.0342 × MTB) + (−0.080274 × RVP) + 1.4448]

DIBZ2 = 10 × BEN × VOCD12 × [(−0.0290 × MTB) + (−0.080274 × RVP) + 1.3758]

RLBZ2 = 10 × BEN × VOCRL2 × [(−0.0342 × MTB) + (−0.080274 × RVP) + 1.4448]

RFBZ2 = 10 × BEN × VOCRF2 × [(−0.0296 × MTB) + (−0.081507 × 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 propertyAcceptable range
Oxygen0.0-5.8 weight percent.
Sulfur0.0-500.0 parts per million by weight.
RVP6.4-10.0 pounds per square inch.
E20030.0-70.0 percent evaporated.
E30070.0-100.0 percent evaporated.
Aromatics0.0-50.0 volume percent.
Olefins0.0-25.0 volume percent.
Benzene0.0-2.0 volume percent.

(ii) For conventional gasoline:

Fuel propertyAcceptable range
Oxygen0.0-5.8 weight percent.
Sulfur0.0-1000.0 parts per million by weight.
RVP6.4-11.0 pounds per square inch.
E20030.0-70.0 evaporated percent.
E30070.0-100.0 evaporated percent.
Aromatics0.0-55.0 volume percent.
Olefins0.0-30.0 volume percent.
Benzene0.0-4.9 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 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]

(a) Sulfur. Sulfur content of gasoline and butane must be determined by use of the following methods:

(1) The sulfur content of gasoline must be determined by use of American Society for Testing and Materials (ASTM) standard method D2622 (incorporated by reference, see paragraph (h) of this section) or by one of the alternative methods specified in paragraph (a)(3) of this section.

(2) Beginning January 1, 2004, the sulfur content of butane must be determined by the use of ASTM standard test method D 6667-01, entitled, “Standard Test Method for Determination of Total Volatile Sulfur in Gaseous Hydrocarbons and Liquefied Petroleum Gases by Ultraviolet Fluorescence” or by the alternative method specified in paragraph (a)(4) of this section.

(3) Any refiner or importer may use any of the following methods 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:

(i) ASTM standard method D5453 (incorporated by reference, see paragraph (h) of this section) or

(ii) ASTM standard method D6920 (incorporated by reference, see paragraph (h) of this section) or

(iii) ASTM standard method D3120 (incorporated by reference, see paragraph (h) of this section) or

(iv) ASTM standard method D7039 (incorporated by reference, see paragraph (h) of this section).

(4) Beginning January 1, 2004, any refiner or importer may determine the sulfur content of butane using any of the following methods; provided the refiner or importer test result is correlated with the method specified in paragraph (a)(2) of this section:

(i) ASTM standard method D 4468-85 (Reapproved 2000), “Standard Test Method for Total Sulfur in Gaseous Fuels by Hydrogenolysis and Rateometric Colorimetry,” or

(ii) ASTM standard method D 3246-96, entitled, “Standard Test Method for Sulfur in Petroleum Gas by Oxidative Microcoulemetry.”

(b) Olefins. Olefin content must be determined by use of the following methods:

(1) Olefin content must be determined by use of ASTM standard method D1319 (incorporated by reference, see paragraph (h) of this section).

(2)(i) Any refiner or importer may determine olefin content using ASTM standard method ASTM D6550 (incorporated by reference, see paragraph (h) of this section) for purposes of meeting any testing requirement involving olefin content; provided that

(ii) 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). Reid vapor pressure must be determined using ASTM standard test method ASTM D5191 (incorporated by reference, see paragraph (h) of this section), except that the following correlation equation must be used:

RVP psi = (0.956 * X)−0.347

RVP kPa = (0.956 * X)−2.39

(d) Distillation. Distillation parameters must be determined using ASTM standard test method D86 (incorporated by reference, see paragraph (h) of this section).

(e) Benzene. (1) Benzene content must be determined using ASTM standard test method ASTM D3606-07 (incorporated by reference, see paragraph (h) of this section), except that.

(2) 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 standard method D-3606-99 when present.

(f)(1) Aromatic content must be determined using ASTM D5769 (incorporated by reference, see paragraph (h) of this section), except that the sample chilling requirements in section 8 of this standard method are optional.

(2) [Reserved]

(3)(i) Any refiner or importer may determine aromatics content using ASTM standard method D1319 (incorporated by reference, see paragraph (h) of this section) for purposes of meeting any testing requirement involving aromatics content; provided that

(ii) 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) Oxygen and oxygenate content must be determined using ASTM standard method D5599 (incorporated by reference, see paragraph (h) of this section).

(2)(i) 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 standard method D4815 (incorporated by reference, see paragraph (h) of this section) for purposes of meeting any testing requirement; provided that:

(ii) 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 Director of the Federal Register approved the incorporation by reference of the documents listed in this section as prescribed in 5 U.S.C. 552(a) and 1 CFR 51. Anyone may inspect copies at the U.S. EPA, Air and Radiation Docket and Information Center, 1301 Constitution Ave., NW., Room B102, EPA West Building, Washington, DC, 20460, under EPA docket ID Number EPA-HQ-OAR-2008-0558, or at the National Archives and Records Administration (NARA). The telephone number for the Air Docket Public Reading Room is (202) 566-1742. 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. For further information on these test methods, please contact the Environmental Protection Agency at 734-214-4582.

(1) ASTM material. Anyone may purchase copies of these materials from the American Society for Testing and Materials (ASTM), 100 Barr Harbor Dr., West Conshohocken, PA 19428-2959, or by contacting ASTM customer service at 610-832-9585, or by contacting the email address of service@astm.org from the ASTM Web site of http://www.astm.org.

(i) ASTM standard method D3606-07 (“ASTM D3606”), Standard Test Method for Determination of Benzene and Toluene in Finished Motor and Aviation Gasoline by Gas Chromatography, approved November 1, 2007.

(ii) ASTM standard method D1319-03e1 (“ASTM D1319”), Standard Test Method for Hydrocarbon Types in Liquid Petroleum Products by Fluorescent Indicator Adsorption, approved November 1, 2003.

(iii) ASTM standard method D6550-05 (“ASTM D6550”), Standard Test Method for Determination of Olefin Content of Gasolines by Supercritical-Fluid Chromatography, approved November 1, 2005.

(iv) ASTM standard method D4815-04 (“ASTM D4815”), Standard Test Method for Determination of MTBE, ETBE, TAME, DIPE, tertiary-Amyl Alcohol and C1 to C4 Alcohols in Gasoline by Gas Chromatography, approved November 1, 2004.

(v) ASTM standard method D2622-05 (“ASTM D2622”), Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry, approved November 1, 2005.

(vi) ASTM standard method D3246-96 (“ASTM D3246”), Standard Test Method for Sulfur in Petroleum Gas by Oxidative Microcoulometry.

(vii) ASTM standard method D5191-07 (“ASTM D5191”), Standard Test Method for Vapor Pressure of Petroleum Products (Mini Method), approved May 1, 2007.

(viii) ASTM standard method D5599-00(2005) (“ASTM D5599”), Standard Test Method for Determination of Oxygenates in Gasoline by Gas Chromatography and Oxygen Selective Flame Ionization Detection, approved November 1, 2005.

(ix) ASTM standard method D5769-04 (“ASTM D5769”), Standard Test Method for Determination of Benzene, Toluene, and Total Aromatics in Finished Gasolines by Gas Chromatography/Mass Spectrometry, approved May 1, 2004.

(x) ASTM standard method D86-07b (“ASTM D86”), Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure, approved November 15, 2007.

(xi) ASTM standard method D5453-08a (“ASTM D5453”), Standard Test Method for Determination of Total Sulfur in Light Hydrocarbons, Spark Ignition Engine Fuel, Diesel Engine Fuel, and Engine Oil by Ultraviolet Fluorescence, approved February 1, 2008.

(xii) ASTM standard method D6920-07 (“ASTM D6920”), Standard Test Method for Total Sulfur in Naphthas, Distillates, Reformulated Gasolines, Diesels, Biodiesels, and Motor Fuels by Oxidative Combustion and Electrochemical Detection, approved December 1, 2007.

(xiii) ASTM standard method D3120-06e1 (“ASTM D3120”), Standard Test Method for Trace Quantities of Sulfur in Light Petroleum Hydrocarbons by Oxidative Microcoulometry, approved December 1, 2006.

(xiv) ASTM standard method D7039-07 (“ASTM D7039”), Standard Test Method for Sulfur in Gasoline and Diesel Fuel by Monochromatic Wavelength Dispersive X-ray Fluorescence Spectrometry, approved May 1, 2007.

(xv) ASTM standard method D6667-01 (“ASTM D6667”), Standard Test Method for Determination of Total Volatile Sulfur in Gaseous Hydrocarbons and Liquefied Petroleum Gases by Ultraviolet Fluorescence.

(xvi) ASTM standard method D4468-85 (reapproved 2000) (“ASTM D4468”), Standard Test Method for Total Sulfur in Gaseous Fuels by Hydrogenolysis and Rateometric Colorimetry.

(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]

(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 §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 §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 §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 §80.49 through §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 may approve a petition to waive the requirements of this section and §80.49, §80.50(a), §80.60(d)(3), and §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 §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 §80.49, as measured through vehicle testing in accordance with §80.50 through §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 §80.49(a) and adjusted as per paragraph (c)(1)(iv) of this section and §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×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×(P1−P1 (avg))×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 §80.49(a)(1), and Ei is a dummy variable representing emitter class, as defined at §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×(P1−P1 (avg))2×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 §80.49(a), the vehicle testing results used to develop the model specified at §80.45, and vehicle testing results used 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×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 §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) × (P1 − P1 (avg)) × (Pj − Pj (avg)) × 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 §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 §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 §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:

Fuel parameterData core limits
LowerUpper
Sulfur, ppm10450
RVP, psi710
E200, vol %3366
E300, vol %7294
Aromatics, vol %1846
Benzene, vol %0.41.8
Olefins, vol %119
Oxygen, wt %
As ethanol03.4
All others:02.7

(2) The emission performance of each vehicle on the fuels specified at §80.49(b)(2), as measured through vehicle testing in accordance with §§80.50 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 §80.49(b), the vehicle testing results used to develop the model specified at §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 × 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 §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 §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 §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 §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 §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 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 §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 §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 §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) × (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]

(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 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 §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

Fuel propertyFuels
1234567
Sulfur, ppm1501501503535500500
Benzene, vol %1.01.01.00.50.51.31.3
RVP, psi7.57.57.56.56.58.18.1
E200, %50505062623737
E300, %85858592927979
Aromatics, vol %27272720204545
Olefins, vol %9.09.09.02.02.01818
Oxygen, wt %2.12.12.12.72.71.51.5
Octane, (R+M)/287878787878787
New Parameter1C(C+B)/2BCBCB

1C = 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.

(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 parameterBlending 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 parameterTo be determined as part of the augmentation process.

(5) The composition and properties of the addition fuels shall be determined by averaging a series of independent tests of the properties and compositional factors defined in paragraph (a)(5)(i) of this section as well as any additional properties or compositional factors for which emission benefits are claimed.

(i) The number of independent tests to be conducted shall be sufficiently large to reduce the measurement uncertainty for each parameter to a sufficiently small value. At a minimum the 95% confidence limits (as calculated using a standard t-test) for each parameter must be within the following range of the mean measured value of each parameter:

Fuel
parameter
Measurement uncertainty
API gravity±0.2°API
Sulfur content±10 ppm
Benzene content±0.02 vol %
RVP±0.05 psi
Octane±0.2 (R+M/2)
E200 level±2%
E300 level±2%
Oxygenate content±0.2 vol %
Aromatics content±0.5 vol %
Olefins content±0.3 vol %
Saturates content±1.0 vol %
Detergent control Additives±2% of the level required by EPA's detergents rule.

(ii) The 95% confidence limits for measurements of fuel parameters for which emission reduction benefits are claimed and for which tolerances are not defined in paragraph (a)(5)(i) of this section must be within ±5% of the mean measured value.

(iii) Each test must be conducted in the same laboratory in accordance with the procedures outlined at §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

Fuel property being extendedExtension fuel No. 1Extension fuel No. 2Extension fuel No. 3
Sulfur, ppmExtension level80450
Benzene, vol %Extension level0.51.5
RVP, psiExtension level6.78.0
E200, %Extension level3861
E300, %Extension level7892
Aromatics, vol %Extension level2045
Olefins, vol %Extension level3.018
Oxygen, wt %Extension level1.72.7
Octane, R+M/2878787

(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

Fuel propertyExtension fuel No. 1Extension fuel No. 2Extension fuel No. 3
Sulfur, ppm150150150
Benzene, vol %1.01.01.0
RVP, psi7.57.57.5
E200, %505050
E300, %858585
Aromatics, vol %252525
Olefins, vol %9.09.09.0
Oxygen, wt %2.02.02.0
Octane, R+M/2878787

(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 parameterBlending 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 parameterTo 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 parameterMeasurement 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 %.
Aromatics content±0.5 vol %.
Olefins content±0.3 vol %.
Saturates content±1.0 vol.%
Octane±0.2.
Candidate parameterTo 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 §80.46.

(v) The complex emission model described at §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 §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 §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:

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 §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]

(a) The following test procedure must be followed when testing to augment the complex emission model described at §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 §80.49(b) or when testing addition fuels 1, 2, or 3 per the requirements of §80.49(a).

(3) When testing addition fuels 4, 5, 6, and 7 per the requirements of §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 §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]

The test sequence applicable when augmenting the emission models through vehicle testing is as follows:

(a) Prepare vehicles per §80.50.

(b) Initial preconditioning per §80.52(a)(1). Vehicles shall be refueled randomly with the fuels required in §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 §80.55; and

(2) Formaldehyde and Acetelaldehyde emissions measured per §80.56.

(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.

(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 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.

(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 §§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 §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 §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.

(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 §80.60 and §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]

(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 §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

Veh. No.Fuel systemCatalystAir injectionEGRTech. groupManufacturer
1Multi3WNo AirEGR1GM.
2Multi3WNo AirNo EGR2Ford.
3TBI3WNo AirEGR3GM.
4Multi3W+OXAirEGR4Ford.
5Multi3WNo AirEGR1Honda.
6Multi3WNo AirNo EGR2GM.
7TBI3WNo AirEGR3Chrysler.
8Multi3W+OXAirEGR4GM.
9TBI3W+OXAirEGR7Chrysler.
10Multi3WAirEGR5Toyota.
11Multi3WNo AirEGR1Ford.
12Multi3WNo AirNo EGR2Chrysler.
13Carb3W+OXAirEGR9Toyota.
14TBI3WNo AirEGR3Ford.
15Multi3W+OXAirEGR4GM.
16Multi3WNo AirEGR1Toyota.
17Multi3WNo AirNo EGR2Mazda.
18TBI3WNo AirEGR3GM.
19Multi3W+OXAirEGR4Ford.
20Multi3WNo AirEGR1Nissan.

Table B—Tech Group Definitions in Table A

Tech groupFuel systemCatalystAir injectionEGR
1Multi3WNo AirEGR.
2Multi3WNo AirNo EGR.
3TBI3WNo AirEGR.
4Multi3W+OXAirEGR.
5Multi3WAirEGR.
6TBI3WAirEGR.
7TBI3W+OXAirEGR.
8TBI3WNo AirNo EGR.
9Carb3W+OXAirEGR.

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 §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.

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 §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 §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 §80.60.

1EPA 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.

(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 a covered area must be certified under §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 either reformulated or conventional gasoline, or as RBOB.

(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 §80.71); or

(B) Designated as “adjusted VOC gasoline” (as defined in §80.40(c)(1));

(iii) [Reserved]

(iv) For gasoline or RBOB produced, imported, sold, dispensed or used during the period January 1, 1995 through December 31, 1997, either as being subject to the simple model standards, or to the complex model standards;

(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;

(D) [Reserved]

(E) In the case of VOC-controlled gasoline or RBOB certified using the simple model, RVP; and

(F) 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 or conventional gasoline or RBOB 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, 4321-543321-95-000002, etc.)

(e) Determination of volume and properties. (1) Each refiner or importer shall for each batch of reformulated gasoline or RBOB produced or imported determine 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 §80.46;

(ii) In the case of RBOB, follow the oxygenate blending instructions specified in §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 §80.41(a) through (f).

(2) In the event that the values 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 propertyRange
Sulfur content25 ppm
Aromatics content2.7 vol %
Olefins content2.5 vol %
Benzene content0.21 vol %
Ethanol content0.4 vol %
Methanol content0.2 vol %
MTBE (and other methyl ethers) content0.6 vol %
ETBE (and other ethyl ethers) content0.6 vol %
TAME0.6 vol %
t-Butanol content0.6 vol %
RVP0.3 psi
50% distillation (T50)5 °F
90% distillation (T90)5 °F
E2002.5 vol %
E3003.5 vol %
API Gravity0.3 °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.

(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 §80.46.

(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 §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 §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 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) A report for the period January through March shall be submitted by May 31; a report for the period April through June shall be submitted by August 31; a report for the period July through September shall be submitted by November 30; and a report for the period October through December shall be submitted by February 28;

(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;

(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 §80.125 (a) and/or (d); and

(iii) Complies with any other requirements that EPA includes as part of the exemption.

(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 or conventional gasoline or RBOB to produce reformulated gasoline or RBOB must exclude the previously certified gasoline for purposes of demonstrating compliance with the standards under §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 §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, and VOC for VOC-controlled gasoline, and the designations for VOC control.

(iii) In the case of previously certified conventional gasoline determine the exhaust toxics and NOX emissions performances.

(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 §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 §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 §80.67(g) as a negative batch, by multiplying the term Vi in §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:

Standard Gasoline category that must have net positive volume
(1) OxygenAll RFG1.
(2) BenzeneAll 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 performanceAll 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 to produce reformulated gasoline or RBOB:

(A) The refiner must include the volume and properties of any batch of previously certified conventional gasoline as a negative batch in the refiner's anti-dumping compliance calculations under §80.101(g) for the refinery, or where applicable, the refiner's aggregation under §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 §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 as a negative batch in the refiner's compliance calculations.

(6) (i) Any refiner may use the procedures specified in this paragraph (i) to combine previously certified conventional gasoline with reformulated gasoline or RBOB, to reclassify conventional gasoline 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 §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]

(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 §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 §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 §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 by the sampling methodologies specified in appendix D of this part and the testing methodology specified in appendix E of this part. 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 §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 §80.42 that is appropriate for the gasoline; and

(ii) For gasoline subject to the complex model, the methodology specified in §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]

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 §80.41 is determined on average (“averaged gasoline”).

(a) Compliance survey required in order to meet standards on average. (1) Any refiner or importer that complies with the compliance survey requirements of §80.68 has the option of meeting the standards specified in §80.41 for average compliance in addition to the option of meeting the standards specified in §80.41 for per-gallon compliance; any refiner or importer that does not comply with the survey requirements must meet the standards specified in §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 §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 §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 §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 standards, each gallon of reformulated gasoline designated as being VOC-controlled must equal or exceed the minimum standards for VOC emissions performance specified in §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 §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 §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 §80.41 that are applicable to that refinery or importer.

(f) [Reserved]

(g) Compliance calculation. To determine compliance with the averaged standards in §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:

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:

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:

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 §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 §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 §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:

(1) Any refiner or importer may meet standards specified in §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 §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]

(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 §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:

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

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:

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 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 §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 §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 §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 §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 §80.42(a)(1) for VOC-Control Region 1 and §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 §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 §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 §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 than the applicable per-gallon standard for VOC emissions reduction;

(C) For adjusted VOC gasoline sold in the covered areas described at §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:

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 §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 formula2:

2The 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.

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

(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 §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 §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:

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 §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:

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]

(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 °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;

(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]

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 §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 §80.65(e);

(3) Carry out the independent analysis requirements specified in §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 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 §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 §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

(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 §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 §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 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 §§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 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 §80.74.

(c) [Reserved]

(d) Requirements for distributors dispensing RBOB into trucks for blending. 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]

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

(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 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;

(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 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 §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), whose classification as a severe nonattainment area under the 1-hour ozone NAAQS is removed as a result of redesignation to attainment for the 1-hour ozone NAAQS, remains a covered area as follows: [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]

(a) Reformulated gasoline covered areas which are located in the following States are included in VOC-Control Region 1:

Alabama   Missouri
Arizona   Nevada
Arkansas   New Mexico
California   North Carolina
Colorado   Oklahoma
District of Columbia   Oregon
Florida   South Carolina
Georgia   Tennessee
Kansas   Texas
Louisiana   Utah
Maryland   Virginia
Mississippi 

(b) Reformulated gasoline covered areas which are located in the following States are included in VOC-Control Region 2:

Connecticut   New Hampshire
Delaware   New Jersey
Idaho   New York
Illinois   North Dakota
Indiana   Ohio
Iowa   Pennsylvania
Kentucky   Rhode Island
Maine   South Dakota
Massachusetts   Vermont
Michigan   Washington
Minnesota   West Virginia
Montana   Wisconsin
Nebraska   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.

(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 §80.70. If the Administrator approves a petition, he or she shall set an effective date as provided in paragraph (c) of this section. The Administrator shall notify the state in writing of the Agency's action on the petition and the effective date of the removal when the petition is approved.

(b) To be approved under paragraph (a) of this section, a petition must be signed by the Governor of a State, or his or her authorized representative, and must include the following:

(1) A geographic description of each opt-in area, or portion of each opt-in area, which is covered by the petition;

(2) A description of all ways in which reformulated gasoline is relied upon as a control measure in any approved State or local implementation plan or plan revision, or in any submission to the Agency containing any proposed plan or plan revision (and any associated request for redesignation) that is pending before the Agency when the petition is submitted; and

(3) For any opt-in areas covered by the petition for which reformulated gasoline is relied upon as a control measure as described under paragraph (b)(2) of this section, the petition shall include the following information:

(i) Identify whether the State is withdrawing any such pending plan submission;

(ii)(A) Identify whether the State intends to submit a revision to any such approved plan provision or pending plan submission that does not rely on reformulated gasoline as a control measure, and describe the alternative air quality measures, if any, that the State plans to use to replace reformulated gasoline as a control measure;

(B) A description of the current status of any proposed revision to any such approved plan provision or pending plan submission, as well as a projected schedule for submission of such proposed revision;

(iii) If the State is not withdrawing any such pending plan submission and does not intend to submit a revision to any such approved plan provision or pending plan submission, describe why no revision is necessary;

(iv) If reformulated gasoline is relied upon in any pending plan submission, other than as a contingency measure consisting of a future opt-in, and the Agency has found such pending plan submission complete or made a protectiveness finding under 40 CFR 51.448 and 93.128, demonstrate whether the removal of the reformulated gasoline program will affect the completeness and/or protectiveness determinations;

(4) The Governor of a State, or his or her authorized representative, shall submit additional information upon request of the Administrator,

(c)(1) For opt-out petitions received on or before December 31, 1997, except as provided in paragraphs (c)(2) and (c)(3) of this section, the Administrator shall set an effective date for removal of an area under paragraph (a) of this section as requested by the Governor, but no less than 90 days from the Agency's written notification to the state approving the opt-out petition, and no later than December 31, 1999.

(2) For opt-out petitions received on or before December 31, 1997, except as provided in paragraph (c)(3) of this section, where RFG is contained as an element of any plan or plan revision that has been approved by the Agency, other than as a contingency measure consisting of a future opt-in, then the effective date under paragraph (a) of this section shall be the date requested by the Governor, but no less than 90 days from the effective date of Agency 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.

(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]

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 §80.69(b)(1), if:

(a) It is in the public interest to do so (e.g., distribution of the nonconforming gasoline is necessary to meet projected shortfalls which cannot otherwise be compensated for);

(b) The refiner, importer, or oxygenate blender exercised prudent planning and was not able to avoid the violation and has taken all reasonable steps to 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]

All parties in the gasoline distribution network, as described in this section, 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, importer, oxygenate blender, carrier, distributor, reseller, retailer, or wholesale-purchaser who sells, offers for sale, dispenses, supplies, offers for supply, stores, transports, or causes the transportation of any reformulated gasoline or RBOB, shall maintain records containing the following information:

(1) The product transfer documentation for all reformulated gasoline or RBOB 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.

(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 §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 §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 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 §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 blended into reformulated gasoline or RBOB under §80.82, documentation of:

(i) The volume of butane added;

(ii) The volume of reformulated gasoline or RBOB both prior to and subsequent to the butane blending;

(iii) The purity and properties of the butane specified in §80.82(c) and (d), as appropriate;

(iv) Compliance with the requirements of §80.82; 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 §80.84, records that reflect the results of any sampling and testing of RFG or RBOB required under §80.84.

(i) Pipelines must keep records showing that interface was designated in the proper manner, according to the designations listed in §80.84(b)(1);

(ii) Transmix processors and transmix blenders must keep records showing that their transmix meets the definition in §80.84(a)(2), or contains gasoline and distillate fuel only from the sources listed in §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 §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 §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

(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 §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]

Any refiner or importer 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 May 31 of each year beginning in 1995;

(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 August 31 of each year beginning in 1995;

(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 November 30 of each year beginning in 1995; and

(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 the last day of February of each year beginning in 1996.

(2) 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:

(A) Each designation of the gasoline, pursuant to §80.65; and

(B) The properties, pursuant to §§80.65 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 §80.65(i), 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; and

(D) The volume, properties and designation of the batch.

(ix) In the case of butane blended with reformulated gasoline or RBOB under §80.82:

(A) Identification of the butane batch as complying with the provisions of §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, or the properties specified in §80.82(c) or (d), as appropriate;

(G) The volume of the gasoline batch subsequent to the butane blending; and

(x) In the case of any imported GTAB, identification of the gasoline as GTAB.

(3) Information pertaining to gasoline produced or imported during 1994 shall be included in the first quarterly report in 1995.

(b) Reports for gasoline or RBOB produced or imported under the simple model—(1) RVP averaging reports. (i) Any refiner or importer that produced or imported any reformulated gasoline or RBOB under the simple model that was to meet RVP 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 or RBOB produced or imported during the previous RVP averaging period. This information shall be reported separately for the following categories:

(A) Gasoline or RBOB which is designated as VOC-controlled intended for areas in VOC-Control Region 1; and

(B) Gasoline or RBOB which is designated as VOC-controlled intended for VOC-Control Region 2.

(ii) The following information shall be reported:

(A) The total volume of averaged reformulated gasoline or RBOB in gallons;

(B) The compliance total value for RVP; and

(C) The actual total value for RVP.

(2) Sulfur, olefins and T90 averaging reports. (i) Any refiner or importer that produced or imported any reformulated gasoline or RBOB under the simple model shall submit to the Administrator, with the fourth quarterly report, a report for such reformulated gasoline or RBOB produced or imported during the previous year:

(A) For each refinery or importer; or

(B) In the case of refiners who operate more than one refinery, for each grouping of refineries as designated by the refiner pursuant to §80.41(h)(2)(iii).

(ii) The following information shall be reported:

(A) The total volume of reformulated gasoline or RBOB in gallons;

(B) The applicable sulfur content standard under §80.41(h)(2)(i) in parts per million;

(C) The average sulfur content in parts per million;

(D) The difference between the applicable sulfur content standard under §80.41(h)(2)(i) in parts per million and the average sulfur content under paragraph (b)(2)(ii)(C) of this section in parts per million, indicating whether the average is greater or lesser than the applicable standard;

(E) The applicable olefin content standard under §80.41(h)(2)(i) in volume percent;

(F) The average olefin content in volume percent;

(G) The difference between the applicable olefin content standard under §80.41(h)(2)(i) in volume percent and the average olefin content under paragraph (b)(2)(ii)(F) of this section in volume percent, indicating whether the average is greater or lesser than the applicable standard;

(H) The applicable T90 distillation point standard under §80.41(h)(2)(i) in degrees Fahrenheit;

(I) The average T90 distillation point in degrees Fahrenheit; and

(J) The difference between the applicable T90 distillation point standard under §80.41(h)(2)(i) in degrees Fahrenheit and the average T90 distillation point under paragraph (b)(2)(ii)(I) of this section in degrees Fahrenheit, indicating whether the average is greater or lesser than the applicable standard.

(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. 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. (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) 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;

(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; and

(vii) The number of benzene credits obtained from another refinery or importer.

(e) Toxics emissions performance averaging reports. (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. (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 §80.41(q)(2), such importer shall submit separate reports for gasoline imported into facilities subject to different standards.

(k) Reporting requirements for early use of the complex model. Any refiner for any refinery, or any importer, that elects to be subject to complex model standards under §80.41(i)(1) shall report such election in writing to the Administrator no later than sixty days prior to the beginning of the calendar year during which such standards would apply. This report shall include the refinery's or importer's baseline values for VOC, NOX, and toxics emissions performance, in milligrams per mile.

(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 §80.41 is achieved on a per-gallon basis, the refiner or importer shall submit to the Administrator, by the last day of February of each year beginning in 1996, 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.

(m) Reports of compliance audits. Any refiner or importer shall cause to be submitted to the Administrator, by May 31 of each year, the report of the compliance audit required by §80.65(h).

(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 with reformulated gasoline or RBOB. For refiners that blend any butane with reformulated gasoline or RBOB under §80.82, the refiner shall submit to the Administrator, by the last day of February of each year, a report for the refinery which includes the following information for the previous calendar year:

(1) The total volume of butane 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, separately for reformulated gasoline and RBOB;

(3) A statement that each gallon of reformulated gasoline or RBOB produced using butane met the applicable per-gallon standards under §80.41;

(4) A statement that all butane blended with reformulated gasoline or RBOB at the refinery is included in the volume reported in paragraph (o)(2) of this section;

[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]

(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 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 §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]

On each occasion when any person transfers custody or title to any reformulated gasoline or RBOB, 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 or RBOB which is being transferred;

(d) The location of the gasoline at the time of the transfer;

(e) The date of the transfer;

(f) The proper identification of the product as reformulated gasoline or RBOB;

(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 §80.69(a)(11), the information required to be included on product transfer documents under §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]

(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 §80.41;

(ii)-(iii) [Reserved]

(iv) Unless the product transfer documentation for such gasoline complies with the requirements in §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 §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 §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 §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 §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.

(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 §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 §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 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 §80.41 that is relevant to the new gasoline category. The analysis for each standard must be conducted using the method specified under §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 §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 §80.46, or using another test 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 §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 §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 §80.46, except that where test results using the testing methodologies specified in §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 §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]

(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 §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 §80.78(a)(8)(ii) or (iii), or for gasoline which does not comply with the VOC minimum standard under §80.41 after the retailer or wholesale purchaser-consumer combines or causes the combining of compliant gasolines in a manner inconsistent with §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 §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 §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 §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 oversight program for monitoring compliance with the requirements of §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]

(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, 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)(i) 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 giving rise to such violations remains any place in the gasoline distribution system, beginning on the day that the gasoline 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 is offered for sale or is dispensed to any ultimate consumer for use in any motor vehicle; unless

(ii) The violation is corrected by altering the properties and characteristics of the gasoline giving rise to the violations and any mixture of gasolines that contains any of the gasoline giving rise to the violations such that the said gasoline or mixture of gasolines has the properties and characteristics that would have existed if the gasoline 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 in question remained in the gasoline 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 giving rise to the violations remained any place in the gasoline 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 §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 °F

90% distillation—375 °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 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 §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.

(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 §80.68.

(2) Any refiner or importer of California gasoline is, with regard to such gasoline, exempt from the independent analysis requirements contained in §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 §80.41 on average for any averaging period specified in §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 §80.41 for each of the following averaging periods in lieu of those specified in §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 §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 §80.65(e)(2);

(2) The designation of gasoline requirements contained in §80.65(d), except in the case of RBOB that is designated as “any renewable oxygenate,” “non-VOC controlled renewable ether only”, or “renewable ether only”;

(3) The reformulated gasoline and RBOB compliance requirements contained in §80.65(c);

(4) [Reserved]

(5) The annual compliance audit requirements contained in §80.65(h), except where such audits are required with regard to the renewable oxygenate requirements contained in §80.83;

(6) The downstream oxygenate blending requirements contained in §80.69, except where such requirements apply to the renewable oxygenate requirements contained in §80.83;

(7) The record keeping requirements contained in §§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 §§80.75 and 80.105;

(9) The product transfer documentation requirements contained in §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 §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 §§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 §80.78(a)(1)(iii);

(2) The product transfer provisions contained in §80.78(a)(1)(iv);

(3) The oxygenate blending provisions contained in §80.78(a)(7); and

(4) The segregation of simple and complex model certified gasoline provision contained in §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 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 §80.65(e)(1) and §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 §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 §80.46, and such correlation must be adequately demonstrated to EPA upon request.

(2) Nothwithstanding the requirements of §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 §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, §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, §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.

A refiner for any refinery that produces gasoline by blending butane with conventional gasoline or reformulated gasoline or RBOB may meet the sampling and testing requirements of subparts D and E of this part as follows:

(a) 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 subparts D and E of this part based on the properties specified in paragraph (c) of this section, or the properties specified by the butane supplier.

(b)(1) Any refiner that blends butane for which 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 subparts D and E of 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 that the equivalent emissions performance of the butane batch, as determined using the provisions in §80.101(g)(3), meets the refinery's standards under §80.101;

(ii) Blend the butane with reformulated gasoline or RBOB, provided that the final batch of butane blended with reformulated gasoline or RBOB meets the per-gallon standards in §80.41, as determined using the test methods in §80.46.

(c) Commercial grade butane is defined as butane for which test results demonstrate that the butane is 95% pure and has the following properties:

olefins   ≤1.0 vol%

aromatics   ≤2.0 vol%

benzene   ≤0.03 vol%

sulfur   ≤140 ppm until December 31, 2003; ≤120 ppm in 2004; ≤30 ppm beginning January 1, 2005 and thereafter

(d) Non-commercial grade butane is defined as butane for which test results demonstrate the butane has the following properties:

olefins   ≤10.0 vol%

aromatics   ≤2.0 vol%

benzene   ≤0.03 vol%

sulfur   ≤140 ppm until December 31, 2003; ≤120 ppm in 2004; ≤30 ppm beginning January 1, 2005 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 §80.46, that each batch of conventional gasoline blended with butane meets the volatility standards specified in §80.27.

(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 conventional gasoline or reformulated gasoline or RBOB under this section, product transfer documents which accompany the gasoline blended with butane must comply with all of the requirements of §80.77 or §80.106, as appropriate.

(g) Butane blended with reformulated gasoline or RBOB or conventional 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 §80.101(g)(3). For purposes of this paragraph (i)(1), the property values in §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 must be included in annual average compliance calculations for the refinery.

[70 FR 74570, Dec. 15, 2005]

(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 §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 §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 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 §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 §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 §§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 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:

(ii) Beginning on January 1, 1996, the renewable oxygen compliance total using the following formula:

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:

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 §§80.67(h)(1) (i) through (iv) and §§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 §80.74, and deliver such records to the Administrator upon request. The records shall contain the following information:

(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 §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 §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 §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 §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 §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 §80.70.

(i) Such petition must satisfy the following criteria:

(A) Evidence showing an increase in the market share and/or use of 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, §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, §80.83 was revised; however, the amendment could not be incorporated because the section is stayed.

(a) Definitions. For purposes of this section, the following definitions apply:

(1) Interface means a volume of petroleum product generated in a pipeline between two adjacent volumes of non-identical petroleum product that consists of a mixture of the two adjacent products.

(2) Transmix means an interface that does not meet the specifications for a fuel that can be used or sold, and that is composed solely of any combination of:

(i) Previously certified gasoline (including previously certified gasoline blendstocks that become gasoline solely upon the addition of an oxygenate);

(ii) Distillate fuel; or

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

(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 §80.101(d)(3), however, TGP which becomes gasoline solely upon the addition of an oxygenate must be included in the compliance calculations for the transmix processing facility under subpart E of this part.

(iii) Where the TGP is designated and sold as reformulated gasoline or RBOB, the transmix processor must fulfill all requirements and standards that apply to a refiner under subpart D of this part and must include the reformulated gasoline or RBOB produced from the transmix in compliance calculations for the transmix processing facility under subpart D of this part.

(2) TGP blended with blendstocks. Where the transmix processor mixes the TGP with blendstock(s) to produce reformulated or conventional gasoline or RBOB, the TGP is treated as a blendstock and the transmix processor must fulfill all requirements and standards that apply to a refiner under subpart D or E of this part, as appropriate, and include the gasoline produced in compliance calculations for the transmix processing facility under subpart D or E of this part, as appropriate.

(3) TGP blended with previously certified gasoline. (i) Where the TGP meets all the standards and requirements that apply to conventional gasoline downstream from the refinery, including but not limited to any standards and requirements of this part and the Clean Air Act, and the transmix processor mixes the TGP with any previously certified gasoline to produce conventional gasoline, the TGP may be excluded from compliance calculations for the transmix processing facility under subpart E of this part. Except as 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 §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 §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 86-01e1, entitled “Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure”, which is incorporated by reference. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. A copy may be obtained from the American Society for Testing and Materials, 100 Barr Harbor Dr., West Conshohocken, PA 19428-2959. Copies may be inspected at the Air Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html;

(ii) The final transmix-blended gasoline meets all applicable downstream standards; and

(iii) The transmix blender complies with the requirements in §§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 §80.65(f)(4)(i)(A).

(iii) A letter signed by the president, chief operating or chief executive officer of the company, or his/her designee, stating that the information contained in the submission is true to the best of his/her belief must accompany any submission under this paragraph.

(iv) Transmix blenders who seek an exemption under paragraph (d)(3) of this section must comply with any request by EPA for additional information or any other requirements that EPA includes as part of the exemption. However, they may withdraw their exemption petition or approved exemption at any time, upon notice to EPA.

(v) EPA reserves the right to modify the requirements of an exemption under paragraph (d)(3) of this section, in whole or in part, at any time, if EPA determines that the transmix blender's operation does not effectively or adequately control, monitor or document the end-point temperature of the gasoline produced, or if EPA determines that any other circumstance exists which merits modification of the requirements of an exemption. If EPA finds that a transmix blender provided false or inaccurate information in any submission required for an exemption under this section, upon notification from EPA, the transmix blender's exemption will be void ab initio.

(4) In the event the test results for any sample collected pursuant to a quality assurance program indicate the gasoline does not comply with any of the applicable standards in paragraph (d)(1) of this section, the transmix blender shall:

(i) Immediately take steps to stop the sale of the gasoline that was sampled;

(ii) Take steps which are reasonably calculated to determine the cause of the noncompliance and to prevent future instances of noncompliance;

(iii) Inform EPA of the noncompliance; and

(iv) If the transmix was blended by a computer controlled in-line blending system, increase the rate of sampling and testing to a rate of not less than once per week and continue the increased frequency of sampling and testing until the results of ten consecutive 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 §§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 §§80.74(b)(10), and 80.104(b), for all gasoline they produce during a compliance period.

[71 FR 31961, June 2, 2006]

Source: 59 FR 7860, Feb. 16, 1994, unless otherwise noted.

(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:

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 §80.91,

WNTRBASE = winter baseline value of the facility,

WNTRVOL = winter baseline gasoline volume of the facility, per §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 × BZ + 0.113 × (AR − BZ))

where

EXHBEN = exhaust benzene emissions,

BZ = fuel benzene value in terms of volume percent (per §80.91), and

AR = fuel aromatics value in terms of volume percent (per §80.91).

(2) The simple model annual average baseline exhaust benzene emissions for any facility of a refiner or importer of conventional gasoline shall be determined as follows:

(i) The simple model baseline exhaust benzene emissions shall be determined separately for summer and winter using the facility's oxygenated individual baseline fuel parameter values for summer and winter (per §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 §80.91), respectively, in the appropriate complex model for exhaust benzene emissions described in §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 §80.91), respectively, in the appropriate complex model for each exhaust toxic (per §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 §80.91), respectively, in the appropriate complex model for NOX (per §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 §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 §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 §80.91(c)(5).

[59 FR 7860, Feb. 16, 1994, as amended at 59 FR 36965, July 20, 1994]

(a) Baseline definition. (1) The “baseline” or “individual baseline” of a refinery, refiner or importer, as applicable, shall consist of:

(i) An estimate of the quality, composition and volume of its 1990 gasoline, or allowable substitute, based on the requirements specified in §§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 °F and 300 °F; oxygen content; RVP.

(ii) A refiner, per paragraph (b)(3)(i) of this section, shall also determine the API gravity of its 1990 gasoline.

(3) The methodology outlined in this section shall be followed in determining a baseline value for each fuel parameter listed in paragraph (a)(2) of this section.

(b) Requirements for refiners, blenders and importers—(1) Requirements for producers of gasoline and gasoline blendstocks. (i) A refinery engaged in the production of gasoline blendstocks from crude oil and/or crude oil derivatives, and the subsequent mixing of those blendstocks to form gasoline, shall have its baseline fuel parameter values determined from Method 1, 2 and/or 3-type data as described in paragraph (c) of this section, provided the refinery was in operation for at least 6 months in 1990.

(ii) A refinery which was in operation for at least 6 months in 1990, was shut down after 1990, and which restarts after June 15, 1994, and for which insufficient 1990 and post-1990 data was collected prior to January 1, 1995 from which to determine an individual baseline, shall have the values listed in paragraph (c)(5) of this section as its individual baseline parameters.

(iii) A refinery which was in operation for less than 6 months in 1990 shall have the values listed in paragraph (c)(5) of this section as its individual baseline parameters.

(2) Requirements for producers or importers of gasoline blendstocks only. A refiner or importer of gasoline blendstocks which did not produce or import gasoline in 1990 and which produces or imports post-1994 gasoline shall have the values listed in paragraph (c)(5) of this section as its individual baseline parameters.

(3) Requirements for purchasers of gasoline and/or gasoline blendstocks. (i) A refiner or refinery, as applicable, solely engaged in the production of gasoline from gasoline blendstocks and/or gasoline which are simply purchased and blended to form gasoline shall have its individual baseline determined using Method 1-type data (per paragraph (c) of this section) from every batch of 1990 gasoline.

(ii) If Method 1-type data on every batch of the refiner's or refinery's 1990 gasoline does not exist, that refiner or refinery shall have the values listed in paragraph (c)(5) of this section as its individual baseline parameters.

(4) Requirements for importers of gasoline and/or gasoline blendstocks. (i) An importer of gasoline shall determine an individual baseline value for each fuel parameter listed in paragraph (a)(2) of this section using Method 1-type data on every batch of gasoline imported by that importer into the United States in 1990.

(ii) An importer which is also a foreign refiner must determine its individual baseline using Method 1, 2 and/or 3-type data (per paragraph (c) of this section) if it imported at least 75 percent, by volume, of the gasoline produced at its foreign refinery in 1990 into the United States in 1990.

(iii) An importer which cannot meet the criteria of paragraphs (b)(4)(i) or (ii) of this section for baseline determination shall have the parameter values listed in paragraph (c)(5) of this section as its individual baseline parameter values.

(5) Requirements for exporters of gasoline and/or gasoline blendstocks. A refiner shall not include quality or volume data on its 1990 exports of gasoline blendstocks or gasoline in its baseline determination.

(c) Data types—(1) Method 1-type data. (i) Method 1-type data shall consist of quality (composition and property data) and volume records of gasoline produced in or shipped from the refinery in 1990, excluding exported gasoline. The measured fuel parameter values and volumes of batches, or shipments if not batch blended, shall be used except that data on produced gasoline which was also shipped shall be included only once.

(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 §§80.91 through 80.93, “blendstock(s)” or “gasoline blendstock(s)” shall include those products or streams commercially blended to form gasoline.

(3) Method 3-type data. (i) Method 3-type data shall consist of post-1990 gasoline blendstock and/or gasoline quality data and 1990 blendstock and gasoline production records, specifically the measured fuel parameter values and volumes of blendstock used in the production of gasoline within the refinery. Blendstock data shall include volumes purchased or otherwise received, including intracompany transfers, if the volumes were blended as part of the refiner's or importer's 1990 gasoline.

(ii) In order to use Method 3-type data, the refiner or importer must do all of the following:

(A) Include a detailed discussion comparing its 1990 and post-1990 refinery operations and all other differences which would cause the 1990 and post-1990 fuel parameter values to differ; and

(B) Perform the appropriate calculations so as to adjust for the differences determined in paragraph (c)(3)(ii)(A) of this section; and

(C) Include a narrative, discussing the methodology and reasoning for the adjustments made per paragraph (c)(3)(ii)(B) of this section.

(iii) In order to use post-1990 gasoline data, either of the following must be shown for each blendstock-type included in 1990 gasoline, excluding butane:

(A) The post-1990 volumetric fraction of a blendstock is within (±)10.0 percent of the volumetric fraction of that blendstock in 1990 gasoline. For example, if a 1990 blendstock constituted 30 volume percent of 1990 gasoline, this criterion would be met if the post-1990 volumetric fraction of the blendstock in post-1990 gasoline was 27.0-33.0 volume percent.

(B) The post-1990 volumetric fraction of a blendstock is within (±)2.0 volume percent of the absolute value of the 1990 volumetric fraction. For example, if a 1990 blendstock constituted 5 volume percent of 1990 gasoline, this criterion would be met if the post-1990 volumetric fraction of the blendstock in post-1990 gasoline was 3-7 volume percent.

(iv) If using post-1990 gasoline data, post-1990 gasoline blendstock which left a facility and which could become gasoline solely upon the addition of oxygenate shall be included in the baseline determination, per the requirements specified in paragraph (c)(1)(ii) of this section.

(4) Hierarchy of data use. (i) A refiner or importer must determine a baseline 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 §80.45(b)(2). The anti-dumping summer API gravity shall be 57.4 °API.

(ii) The winter anti-dumping statutory baseline shall have the set of fuel parameter values identified as “winter” in §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, °API—59.1

(iv) The annual average anti-dumping statutory baseline shall have the following set of emission values:

Exhaust benzene emissions, simple model—6.45

Exhaust benzene emissions, complex model—33.03 mg/mile

Exhaust toxics emissions, Phase I—50.67 mg/mile

Exhaust toxics emissions, Phase II—104.5 mg/mile

NOX emissions, Phase I—714.4 mg/mile

NOX emissions, Phase II—1461. mg/mile

(d) Data collection and testing requirements—(1) Minimum sampling requirements—(i) General requirements. (A) Data shall have been obtained for at least three months of the refiner's or importer's production of summer gasoline and at least three months of its production of winter gasoline. When method 1 per batch RVP data is available, a month is considered equivalent to 4 weeks of seasonal data.

(1) Method 1, per batch, actual RVP data will be used to define that batch as either summer fuel or winter fuel. Summer fuel is defined as fuel produced and intended for sale to satisfy Federal summer volatility standards. When such per batch actual RVP data is not available, data is allocated per month as follows. A summer month is defined as any month during which more than 50 percent (by volume) of the gasoline produced by a refiner met the Federal summer gasoline volatility requirements. Winter shall be any month which could not be considered a summer month under this definition.

(2) The three months which compose the summer and the winter data do not have to be consecutive nor within the same year.

(3) If, in 1990, a refiner marketed all of its gasoline only in an area or areas which experience no seasonal changes relative to gasoline requirements, e.g., Hawaii, only 3 months of data are required.

(B) Once the minimum sampling requirements have been met, data collection may cease. Additional data may only be included for the remainder of the calendar year in which the minimum sampling requirements were met. In any case, all data collected through the date of collection of the last data point included in the determination of a baseline fuel parameter value must be utilized in the baseline determination of that fuel parameter.

(C) Less than the minimum requirements specified in paragraph (d)(1) of this section may be allowed, upon petition and approval (per §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. 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 §80.46, results obtained under those procedures will only be acceptable, upon petition and approval (per §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 §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 §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 §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 §80.93(d)(2) shall be considered summer gasoline for purposes of paragraph (e) of this section.

(B)(1) Baseline total annual 1990 gasoline volume shall be the larger of the total volume of gasoline produced in or shipped from the refinery in 1990.

(2) Baseline summer gasoline volume shall be the total volume of low volatility gasoline which met EPA's 1990 summertime volatility requirements. Baseline summer gasoline volume shall be determined on the same basis (produced or shipped) as baseline total annual gasoline volume.

(3) Baseline winter gasoline volume shall be the baseline total annual gasoline volume minus the baseline summer gasoline volume.

(C) Fuel parameter values shall be determined in the same units and at least to the same number of decimal 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:

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:

where

Xbs = Summer or winter baseline value of fuel parameter × for the refinery

s = season, summer or winter, per paragraph (d)(1)(i)(A)(1) of this section

j = type of blendstock (e.g., reformate, isomerate, alkylate, etc.)

ms = total types of blendstocks in season s 1990 gasoline

Tjs = total 1990 volume of blendstock j used in the refinery's season s gasoline

Ns = total volume of season s gasoline produced in the refinery in 1990

i = sample of blendstock j

njs = number of samples of season s blendstock j from continuous process streams

Xijs = parameter value of sample i of season s blendstock j

pjs = number of samples of season s batch-produced blendstock j

Vijs = volume of batch of sample i of season s blendstock j

SGijs = specific gravity of sample i of season s blendstock j (used only for fuel parameters measured on a weight basis)

(v) Method 3. (A) Post-1990 Blendstock. Summer and winter Method 3-type data, per paragraph (c)(3) of this section, shall be evaluated separately according to the following equation:

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:

where:

Xbs = Summer or winter baseline value of fuel parameter X for the refinery

s = season, summer or winter, per paragraph (d)(1)(i)(A)(1) of this section

g = separate grade of season s gasoline produced by the refinery in 1990

ps = total number of different grades of season s gasoline produced by the refinery in 1990

Tgs = total volume of season s grade g gasoline produced in 1990

Ns = total volume of season s gasoline produced by the refinery in 1990

i = separate batch or shipment of post-1990 season s gasoline sampled

ngs = total number of samples of post-1990 season s grade g gasoline

Xgis = parameter value of post-1990 grade g season s gasoline sample i

Vgis = volume of post-1990 season s grade g gasoline sample i

SGgis = specific gravity of post-1990 season s grade g gasoline sample i (used only for fuel parameters measured on a weight basis)

(3) Percent evaporated determination. (i) Baseline E200 and E300 values shall be determined directly from actual measurement data.

(ii) If the data per paragraph (e)(3)(i) of this section are unavailable, upon petition and approval, baseline E200 and E300 values shall be determined from the following equations using the baseline T50 and T90 values, if the baseline T50 and T90 values are otherwise acceptable:

E200 = 147.91 − (0.49 × T50)

E300 = 155.47 − (0.22 × 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)] × 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:

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 × (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:

where

BR = oxygenated RVP

UR = non-oxygenated RVP

i = type of oxygenate

n = total number of different types of oxygenates

OVi = 1990 volume, as a percent of total production, of oxygenate i

ORi = blending RVP of oxygenate i

(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 §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 §80.90:

(A) A 2.5 percent or greater difference in exhaust benzene emissions (per §80.90); or

(B) A 2.5 percent or greater difference in total exhaust toxics emissions (per §80.90(d)); or

(C) A 2.5 percent or greater difference in NOX emissions (per §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:

(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 §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 §80.91(a)(2)(i) shall be used in the determination of the emissions specified in §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 §80.41(j)(3).

(vii) The annual average baseline values of exhaust benzene emissions, per §80.90(b) and §80.90(c), exhaust toxics emissions, per §80.90(d), and NOX emissions, per §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 §80.41 and/or §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 °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 §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 §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 §80.101(h)); or

(2) The refinery is one refinery of a multi-refinery refiner for which all of the refiner's refineries produced JP-4 in 1990; or

(3) The refinery is one refinery of a multi-refinery refiner for which not all of the refiner's refineries produced JP-4 in 1990.

(B) No refinery of a given refiner produces reformulated gasoline. If any refinery of the refiner produces reformulated gasoline at any time in a calendar year, the compliance baselines of all the refiner's refineries receiving a baseline adjustment per this paragraph (e)(7) shall revert to the unadjusted baselines of each respective refinery for that year and all subsequent years.

(C) 1990 JP-4 to gasoline ratio.

(1) For a refiner per paragraph (e)(7)(i)(A)(1) of this section, the ratio of its refinery's 1990 JP-4 production to its 1990 gasoline production must be greater than or equal to 0.15.

(2) For a refiner per paragraph (e)(7)(i)(A)(2) of this section, the ratio of each of its refinery's 1990 JP-4 production to its 1990 gasoline production must be greater than or equal to 0.15.

(3) For a refiner per paragraph (e)(7)(i)(A)(3) of this section, the ratio of the refiner's 1990 JP-4 production to 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 §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 §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 §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:

where:

CSHI = highest annual average crude sulfur (in ppm), of the crude slates used in the production of gasoline, determined over the years 1991-1994;

CS90 = 1990 annual average crude slate sulfur (in ppm), of the crude slates used in the production of gasoline;

CS%CHG = percent change in average sulfur content of crude slate;

(G) Can show that gasoline sulfur changes are directly and solely attributable to the crude sulfur change, and not due to alterations in refinery operation nor choice of products.

(ii) The adjusted baseline sulfur value shall be the actual baseline sulfur value, in ppm, plus 100 ppm.

(iii) All adjustments made pursuant to this paragraph (e)(8) must be accompanied by:

(A) Unadjusted and adjusted fuel parameters and emissions; and

(B) A narrative describing the situation, the types of calculations, and the reasoning supporting the types of calculations done to determine the adjusted values.

(9) Baseline adjustment for low sulfur and olefins.

(i) Baseline adjustments may be allowed if a refinery meets all of the following requirements:

(A) The unadjusted annual average baseline sulfur value of the refinery is less than or equal to 30 parts per million (ppm);

(B) The unadjusted annual average baseline olefin value of the refinery is less than or equal to 1.0 percent by volume (vol%).

(ii) Adjusted baseline values.

(A) The adjusted baseline shall have an annual average sulfur value of 30 ppm, and an annual average olefin value of 1.0 vol%.

(B) The adjusted baseline shall have a summer sulfur value of 30 ppm, and a summer olefin value of 1.0 vol%.

(C) The adjusted baseline shall have a winter sulfur value of 30 ppm, and a winter olefin value of 1.0 vol%.

(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 §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 §80.42(c)(1) if compliance is being determined under the Simple Model, or in §80.45(f)(1)(ii) if compliance is being determined under the Complex Model, then the valid range limits may be extended for conventional gasoline in the following manner:

(A) The new high end of the valid range for aromatics is determined from the following equation:

NAROLIM = AROBASE + 5.0 volume percent

where

NAROLIM = The new high end of the valid range limit for aromatics, in volume percent

AROBASE = The seasonal baseline fuel value for aromatics, in volume percent

(B) The new high end of the valid range for olefins is determined from the following equation:

NOLELIM = OLEBASE + 3.0 volume percent

where

NOLELIM = The new high end of the valid range limit for olefins, in volume percent

OLEBASE = The seasonal baseline fuel value for olefins, in volume percent

(C) The new high end of the valid range for benzene is determined from the following equation:

NBENLIM = BENBASE + 0.5 volume percent

where

NBENLIM = The new high end of the valid range limit for benzene, in volume percent

BENBASE = The seasonal baseline fuel value for benzene, in volume percent

(D) The extension of the valid range is limited to the applicable summer or winter season in which the baseline fuel values for aromatics, olefins, and/or benzene exceed the high end of the valid range as described in paragraph (f)(2)(ii) of this section. Also, the extension of the valid range is limited to use by the refiner whose baseline value for aromatics, olefins, and/or benzene was higher than the valid range limits as described in paragraph (f)(2)(ii) of this section.

(E) Any extension of the Simple Model valid range limits is applicable only to the Simple Model. Likewise any extension of the Complex Model valid range limits is applicable only to the Complex Model.

(F) The valid range extensions calculated in paragraphs (f)(2)(ii)(A), (B), and (C) of this section are applicable to 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 §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 §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 §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 §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 §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 §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 §80.90) and baseline sulfur, olefin and T90 values and aggregate baseline volumes shall be recalculated under the following circumstances:

(i) A refinery included in an aggregate baseline is entirely shutdown. If the shutdown refinery was part of an aggregate baseline, the aggregate baseline emissions, aggregate baseline sulfur, olefin and T90 values and aggregate volume shall be recalculated to account for the removal of the shutdown refinery's contributions to the aggregate baseline.

(ii) A refinery exchanges owners.

(A) All aggregate baselines affected by the exchange shall be recalculated to reflect the addition or subtraction of the baseline exhaust emissions, sulfur, olefin and T90 values and volumes of that refinery.

(B) The new owner may elect to establish an individual baseline for the refinery or to include it in an aggregate baseline.

(C) If the refinery was part of an aggregate of three or more refineries, the remaining refineries in the aggregate from which that refinery was removed 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]

(a) General requirements. (1) Each refiner or importer is required to have its individual baseline determination methodology, resulting baseline fuel parameter, volume and emissions values verified by an auditor which meets the requirements described in this section. A refiner or importer which has the anti-dumping statutory baseline as its individual baseline is exempt from this requirement.

(2) An auditor may be an individual or organization, and may utilize contractors and subcontractors to assist in the verification of a baseline.

(3) If an auditor is an organization, one or more persons shall be designated as primary analyst(s). The primary analyst(s) shall meet the requirements described in paragraphs (c) (2) and (3) of this section and shall be responsible for the baseline audit per paragraph (f) of this section.

(b) Independence. The auditor, its contractors, subcontractors and their organizations shall be independent of the submitting organization. All of the criteria listed in paragraphs (b) (1) and (2) of this section must be met by every individual involved in substantive aspects of the baseline verification.

(1) Previous employment criteria. (i) None of the auditing personnel, including any contractor or subcontractor personnel, involved in the baseline verification for a refiner or importer shall have been employed by the refiner or importer at any time during the three (3) years preceding the date of hire of the auditor by the refiner or importer for baseline verification purposes.

(ii) Auditor personnel may have been a contractor or subcontractor to the refiner or importer, as long as all other criteria listed in this section are met.

(iii) Auditor personnel may also have developed the baseline of the refiner or importer whose baseline they are auditing, but not as an employee (per paragraph (b)(1)(i) of this section). Those involved only in the development of the baseline of the refiner or importer need not meet the requirements specified in this section.

(2) Financial criteria. Neither the primary analyst, nor the auditing organization nor any organization or individual which may be contracted or subcontracted to supply baseline verification expertise shall:

(i) Have received more than one quarter of its revenue from the refiner or importer during the year prior to the date of hire of the auditor by the refiner or importer for auditing purposes. Income received from the refiner or importer to develop the baseline being audited is excepted; nor

(ii) Have a total of more than 10 percent of its net worth with the refiner or importer; nor

(iii) Receive compensation for the audit which is dependent on the outcome of the audit.

(c) Technical ability. All of the following criteria must be met by the auditor in order to demonstrate its technical capability to perform the baseline audit:

(1) The auditor shall be technically capable of evaluating a baseline determination. It shall have personnel familiar with petroleum refining processes, including associated computational procedures, methods of product analysis and economics, and expertise in conducting the auditing process, including skills for effective data gathering and analysis.

(2) The primary analyst must understand all technical details of the entire baseline audit process.

(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 §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 §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 §80.91, are valid and performed correctly.

(2) The primary analyst shall prepare and sign a statement, to be included in the baseline submission of the refiner or importer, stating that:

(i) He/she has thoroughly reviewed the sampling methodology and baseline calculations; and

(ii) To the best of his/her knowledge, the requirements and intentions of the rulemaking are met in the baseline determination; and

(iii) He/she agrees with the final baseline parameter, volume and emission values listed in the baseline submission.

(3) The auditor may be subject to debarment under U.S.C. 1001 if it displays 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]

(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 §80.91(d)(2)), it shall submit two copies of its individual baseline to EPA (per §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 §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 §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 §§80.90 through 80.93 have been done correctly;

(D) Proper adjustments have been made to the data or in the calculations, as applicable;

(E) The requirements and intentions of the rulemaking have been met in determining the baseline fuel parameters; and

(F) The baseline fuel parameter values determined for each facility represent that facility's 1990 gasoline to the fullest extent possible.

(ii) A refiner or importer which is permitted to utilize the parameter values specified in §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 §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 §80.92, must be included if the auditor has not been approved by EPA, per §80.92;

(iii) Indication of the primary analyst(s) involved in each refinery's baseline verification; and

(iv) The signed auditor verification statement, per §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 §80.91;

(ii) Individual baseline exhaust emissions shall be shown separately, on a summer, winter and annual average basis (per §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 §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 §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 §80.75(b)(2)(ii) (D), (G) and (J), and §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 §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 §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 §80.91, total and by grade, for all gasoline produced but not exported;

(iii) 1990 winter gasoline production volume, per §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 §80.91.

(2) Baseline values. The following shall be included for each fuel parameter for which a baseline value is required, per §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 §80.91, used in the determination of a given fuel parameter;

(iii) Identification of test method. If not per §80.46, include a narrative, explain differences and describing adequacy, per §80.91;

(iv) Documentation that the minimum sampling requirements per §80.91 have been met;

(v) Petition and narrative, if needed, for use of less than the minimum required data, per §80.91;

(vi) Identification of instances of sample compositing per §80.91;

(vii) Identification of streams for which one or more parameter values were deemed negligible per §80.91; and

(viii) Discussion of the calculation of oxygenated or non-oxygenated fuel parameter values from non-oxygenated or oxygenated values, respectively, per §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 §80.91; and

(iii) A showing that data was available on every batch of 1990 gasoline, if applicable, per §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 §80.91.

(5) Method 3, blendstock data. The following information on each type of post-1990 gasoline blendstock used in the refinery's gasoline are required, by blendstock type shall be provided:

(i) First and last sampling dates;

(ii) The following shall be indicated separately on a summer and winter basis, by month:

(A) Number of post-1990 months sampled;

(B) Each type of blendstock used in 1990 gasoline and total number of blendstocks. Include all blendstocks produced, purchased or otherwise received which were blended to produce gasoline within the facility. Identify all blendstocks not produced in the facility but used in the facility's 1990 gasoline;

(C) Total volume of each blendstock used in gasoline in 1990;

(D) Identification of post-1990 blendstock streams as batch or continuous;

(E) Number of post-1990 blendstock samples from continuous blendstock streams;

(F) Number of post-1990 blendstock samples from batch processes, including volume of each batch sampled; and

(G) Baseline fuel parameter value, per §80.91; and

(iii) Support documentation showing that the criteria of §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 §80.91; and

(iii) Support documentation showing that the criteria of §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 §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 §80.91(e)(5), are met;

(iii) Unadjusted and adjusted baseline fuel parameters, emissions and volume for the facility; and

(iv) Narrative, per §80.91 (e)(5).

(8) Extenuating circumstances. All of the following must be included in support of an extenuating circumstance adjustment (per §80.91 (e)(6) through (e)(7)):

(i) Petition including identification of the allowable circumstance, per §80.91 (e)(6) through (e)(7);

(ii) Showing that all applicable criteria, per §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 §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 §80.91(a)(2));

(B) Hydrocracking Unit: unit yields, gasoline fuel parameter values (per §80.91(a)(2));

(C) Catalytic Reformer: unit yields, severities;

(D) Bottoms Processing Units (including, but not limited to, coking, extraction and hydrogen processing): gasoline stream yields;

(E) Yield structures for other principal units in the refinery (including but not limited to Alkylation, Polymerization, Isomerization, Etherification, Steam Cracking).

(d) Requirements for a petition applicable to gasoline produced or imported for use in Alaska, Hawaii, the Commonwealth of Puerto Rico, and the Virgin Islands. (1)(i) Any refiner for any refinery or importer with gasoline produced or imported for use in Alaska in its individual 1990 baseline may petition EPA to establish a separate 1990 baseline for gasoline produced or imported for use in Alaska using the winter Complex Model, and to use the winter statutory baseline values under §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 §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 §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 §80.91(c)(5) may petition EPA to have the winter statutory baseline values under §80.91(c)(5) apply instead for purposes of determining the refinery's or importer's compliance baseline under §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 §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 §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 §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 §80.91(c)(5) may petition EPA to have the summer statutory baseline values under §80.91(c)(5) apply instead for purposes of determining the refinery's or importer's compliance baseline under §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 §80.76;

(iii) Identification of a contact person; and

(iv) For petitions submitted under paragraphs (d)(1)(i) and (d)(2)(i) of this section:

(A) Revised 1990 individual baseline determination wherein the baseline for gasoline produced or imported for use in Alaska has been evaluated using the winter Complex Model, or gasoline produced or imported for use in Hawaii, and/or the Commonwealth of Puerto Rico, and/or the Virgin Islands has been evaluated using the summer Complex Model, as applicable, with the calculations clearly and fully described and displayed; and

(B) Revised 1990 individual baseline determination for gasoline in the refinery's or importer's original individual 1990 baseline which was not produced or imported for use in Alaska, and/or Hawaii, and/or the Commonwealth of Puerto Rico, and/or the Virgin Islands, as applicable, with the calculations clearly and fully described and displayed.

(C) Baseline auditor agreement with the revised baseline values.

(4) For U.S. Postal delivery, the petition shall be sent to: Attn: RFG Program, Mailstop 6406J, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. For commercial delivery: Attn: RFG Program, 6th Floor (202-343-9038), U.S. Environmental Protection Agency, 1310 L St., NW., Washington, DC 20005.

(5) EPA reserves the right to request additional information. If such information is not forthcoming in a timely manner, the petition will not be approved.

(6) A petition under this section may be submitted at any time during the annual averaging period. The baseline and compliance methods approved in a 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 §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]

(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 §80.2(i) for foreign refinery.

(3) FRGAS means gasoline produced at a foreign refinery that has been assigned an individual refinery baseline and that is imported into the United States.

(4) Non-FRGAS means gasoline that is produced at a foreign refinery that has not been assigned an individual refinery baseline, gasoline produced at a foreign refinery with an individual refinery baseline that is not imported into the United States, and gasoline produced at a foreign refinery with an individual baseline during a year when the foreign refiner has opted to not participate in the FRGAS program under paragraph (c)(3) of this section.

(5) Certified FRGAS means FRGAS the foreign refiner intends to include in the foreign refinery's NOX and exhaust toxics compliance calculations under §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 §§80.90 through 80.93.

(1) The provisions for baselines as specified in §§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 §80.101(f) using an adjusted baseline volume, as follows:

AV1990 = (D/365) × 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 §80.65(d)(1);

(ii) The recordkeeping requirements in §80.74 (a), and (b)(3);

(iii) The reporting requirements in §80.75 (a), (m), and (n);

(iv) The registration requirements in §80.76;

(v) The product transfer document requirements in §80.77 (a) through (f), and (j);

(vi) The prohibition in §80.78(a)(10), (b) and (c); and

(vii) The independent audit requirements in §§80.125 through 80.127, 80.128 (a) through (c), and (g) through (i), and 80.130.

(3)(i) Any foreign refiner that has been assigned an individual baseline for a foreign refinery under paragraph (b) of this section may elect to classify no gasoline imported into the United States as FRGAS, provided the foreign refiner notifies EPA of the election no later than November 1 of the prior calendar year.

(ii) An election under paragraph (c)(3)(i) of this section shall:

(A) Be for an entire calendar year averaging period and apply to all gasoline produced during the calendar year at the foreign refinery that is imported into the United States; and

(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 §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 §§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 §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 §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 §80.101(h); and

(B) In the case of certified FRGAS, the volume and parameter values of the gasoline from the compliance calculations under §80.101(g);

(ii) The exclusions under paragraph (e)(1)(i) of this section shall be on the basis of the parameter and volumes determined under paragraph (f) of this section; and

(2) The foreign refiner obtains sufficient evidence in the form of documentation that the gasoline was not imported into the United States.

(f) Load port independent sampling, testing and refinery identification. (1) On each occasion FRGAS is loaded onto a vessel for transport to the United States a foreign refiner shall have an independent third party:

(i) Inspect the vessel prior to loading and determine the volume of any tank bottoms;

(ii) Determine the volume of FRGAS loaded onto the vessel (exclusive of any tank bottoms present before vessel loading);

(iii) Obtain the EPA-assigned registration number of the foreign refinery;

(iv) Determine the name and country of registration of the vessel used to 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 §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 §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 §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 §80.65(f)(2)(iii); and

(iii) The person signs a commitment that contains the provisions specified in paragraph (i) of this section with regard to activities, facilities and documents relevant to compliance with the requirements of this paragraph (f).

(g) Comparison of load port and port of entry testing. (1)(i) Any foreign refiner and any United States importer of certified FRGAS shall compare the results from the load port testing under paragraph (f) of this section, with the port of entry testing as reported under paragraph (o) of this section, for the volume of gasoline, for the parameter values for sulfur, benzene, gravity, E200 and E300, and for the NOX and exhaust toxics emissions performance; except that

(ii) Where a vessel transporting certified FRGAS off loads this gasoline at more than one United States port of entry, and the conditions of paragraph (g)(2)(i) of this section are not met at the first United States port of entry, the requirements of paragraph (g)(1) and (g)(2) of this section do not apply 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 §80.101(g); and

(B) Include the gasoline volume in its compliance baseline calculation under §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 §80.128(b) and the tender analysis under §80.128(c) non-FRGAS in addition to the gasoline types listed in §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 §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 §80.127, and for each vessel selected perform the following:

(i) Obtain the report of the independent third party, under paragraph (f) of this section, and of the United States importer under paragraph (o) of this section.

(A) Agree the information in these reports with regard to vessel identification, gasoline volumes and test results.

(B) Identify, and report as a finding, each occasion the load port and port of entry parameter and volume results differ by more than the amounts allowed in paragraph (g) of this section, and determine whether the foreign refiner adjusted its refinery calculations as required in paragraph (g) of this section.

(ii) Obtain the documents used by the independent third party to determine transportation and storage of the certified FRGAS from the refinery to the load port, under paragraph (f) of this section. Obtain tank activity records for any storage tank where the certified FRGAS is stored, and pipeline activity records for any pipeline used to transport the certified FRGAS, prior to being loaded onto the vessel. Use these records to determine whether the certified FRGAS was produced at the refinery that is the subject of the attest engagement, and whether the certified FRGAS was mixed with any non-certified FRGAS, non-FRGAS, or any certified FRGAS produced at a different refinery that was not aggregated under §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 §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 §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 §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 §§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 §§80.125 through 80.130 and this paragraph (h).

(i) Foreign refiner commitments. Any foreign refiner shall commit to and comply with the provisions contained in this paragraph (i) as a condition to being assigned an individual refinery baseline.

(1) Any United States Environmental Protection Agency inspector or auditor will be given full, complete and immediate access to conduct inspections and audits of the foreign refinery.

(i) Inspections and audits may be either announced in advance by EPA, or unannounced.

(ii) Access will be provided to any location where:

(A) Gasoline is produced;

(B) Documents related to refinery operations are kept;

(C) Gasoline or blendstock samples are tested or stored; and

(D) FRGAS is stored or transported between the foreign refinery and the United States, including storage tanks, vessels and pipelines.

(iii) Inspections and audits may be by EPA employees or contractors to EPA.

(iv) Any documents requested that are related to matters covered by inspections and audits will be provided to an EPA inspector or auditor on request.

(v) Inspections and audits by EPA may include review and copying of any documents related to:

(A) Refinery baseline establishment, including the volume and parameters, and transfers of title or custody, of any gasoline or blendstocks, whether FRGAS or non-FRGAS, produced at the foreign refinery during the period January 1, 1990 through the date of the refinery baseline petition or through the date of the inspection or audit if a baseline petition has not been approved, and any work papers related to refinery baseline establishment;

(B) The parameters and volume of FRGAS;

(C) The proper classification of gasoline as being FRGAS or as not being FRGAS, or as certified FRGAS or as non-certified FRGAS;

(D) Transfers of title or custody to FRGAS;

(E) Sampling and testing of FRGAS;

(F) Work performed and reports prepared by independent third parties and by independent auditors under the requirements of this section, including work papers; and

(G) Reports prepared for submission to EPA, and any work papers related to such reports.

(vi) Inspections and audits by EPA may include taking samples of gasoline or blendstock, and interviewing employees.

(vii) Any employee of the foreign refiner will be made available for interview by the EPA inspector or auditor, on request, within a reasonable time period.

(viii) English language translations of any documents will be provided to an EPA inspector or auditor, on request, within 10 working days.

(ix) English language interpreters will be provided to accompany EPA inspectors and auditors, on request.

(2) An agent for service of process located in the District of Columbia will be named, and service on this agent constitutes service on the foreign refiner or any officer, or employee of the foreign refiner for any action by EPA or otherwise by the United States related to the requirements of 40 CFR part 80, subparts D, E and F.

(3) The forum for any civil or criminal enforcement action related to the provisions of this section for violations of the Clean Air Act or regulations promulgated thereunder shall be governed by the Clean Air Act, including the EPA administrative forum where allowed under the Clean Air Act.

(4) United States substantive and procedural laws shall apply to any civil or criminal enforcement action against the foreign refiner or any employee of the foreign refiner related to the provisions of this section.

(5) Submitting a petition for an individual refinery baseline, producing and exporting gasoline under an individual refinery baseline, and all other actions to comply with the requirements of 40 CFR part 80, subparts D, E and F relating to the establishment and use of an individual refinery baseline constitute actions or activities covered by and within the meaning of 28 U.S.C. 1605(a)(2), but solely with respect to actions instituted against the foreign refiner, its agents, officers, and employees in any court or other tribunal in the United States for conduct that violates the requirements applicable to the foreign refiner under 40 CFR part 80, subparts D, E and F, including such conduct that violates Title 18 U.S.C. section 1001, Clean Air Act section 113(c)(2), or other applicable provisions of the Clean Air Act.

(6) The foreign refiner, or its agents, officers, or employees, will not seek to detain or to impose civil or criminal remedies against EPA inspectors or auditors, whether EPA employees or EPA contractors, for actions performed within the scope of EPA employment related to the provisions of this section.

(7) The commitment required by this paragraph (i) shall be signed by the owner or president of the foreign refiner business.

(8) In any case where FRGAS produced at a foreign refinery is stored or transported by another company between the refinery and the vessel that transports the FRGAS to the United States, the foreign refiner shall obtain from each such other company a commitment that meets the requirements specified in paragraphs (i) (1) through (7) of this section, and these commitments shall be included in the foreign refiner's baseline petition.

(j) Sovereign immunity. By submitting a petition for an individual foreign refinery baseline under this section, or by producing and exporting gasoline to the United States under an individual refinery baseline under this section, the foreign refiner, its agents, officers, and employees, without exception, become subject to the full operation of the administrative and judicial enforcement powers and provisions of the United States without limitation based on sovereign immunity, with respect to actions instituted against the foreign refiner, its agents, officers, and employees in any court or other tribunal in the United States for conduct that violates the requirements applicable to the foreign refiner under 40 CFR part 80, subparts D, E and F, including such conduct that violates Title 18 U.S.C. section 1001, Clean Air Act section 113(c)(2), or other applicable provisions of the Clean Air Act.

(k) Bond posting. Any foreign refiner shall meet the requirements of this paragraph (k) as a condition to being assigned an individual refinery baseline.

(1) The foreign refiner shall post a bond of the amount calculated using the following equation:

Bond = G × $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 §80.102 by a foreign refiner with an individual refinery baseline, the foreign refiner may exclude from the calculations required in §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 §80.101(h), except as provided in paragraph (e) of this section.

(2) No foreign refiner or other person may cause another person to commit an action prohibited in paragraph (n)(1) of this section, or that otherwise violates the requirements of this section.

(o) United States importer requirements. Any United States importer shall meet the following requirements.

(1) Each batch of imported gasoline shall be classified by the importer as being FRGAS or as non-FRGAS, and each batch classified as FRGAS shall be further classified as certified FRGAS or as non-certified FRGAS.

(2) Gasoline shall be classified as certified FRGAS or as non-certified FRGAS according to the designation by the foreign refiner if this designation is supported by product transfer documents prepared by the foreign refiner as required in paragraph (d) of this section, unless the gasoline is classified as non-certified FRGAS under paragraph (g) of this section.

(3) For each gasoline batch classified as FRGAS, any United States importer shall perform the following procedures.

(i) In the case of both certified and non-certified FRGAS, have an independent third party:

(A) Determine the volume of gasoline in the vessel;

(B) Use the foreign refiner's FRGAS certification to determine the name and EPA-assigned registration number 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 §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 §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 §80.91(b)(4) shall be the baseline specified in paragraph (p) of this section.

(p) Importer Baseline. (1) Each calendar year starting in 2000, the Administrator shall calculate the volume weighted average NOX emissions of imported conventional gasoline for a multi-year period (MYANOx). This calculation:

(i) Shall use the Phase II Complex Model;

(ii) Shall include all conventional gasoline in the following categories:

(A) Imported conventional gasoline that is classified as conventional gasoline, and included in the conventional gasoline compliance calculations of importers for each year; and

(B) Imported conventional gasoline that is classified as certified FRGAS, and included in the conventional gasoline compliance calculations of foreign refiners for each year;

(iii)(A) In 2000 only, shall be for the 1998 and 1999 averaging periods and also shall include all conventional gasoline classified as FRGAS and included in the conventional gasoline compliance calculations of a foreign refiner for 1997, and all conventional gasoline batches not classified as FRGAS that are imported during 1997 beginning on the date the first batch of FRGAS arrives at a United States port of entry; and

(B) Starting in 2001, shall include imported conventional gasoline during the prior three calendar year averaging periods.

(2)(i) If the volume-weighted average NOX emissions (MYANOx), calculated in paragraph (p)(1) of this section, is greater than 1,465 mg/mile, the Administrator shall calculate an adjusted baseline for NOX according to the following equation:

ABNOx = 1,465 mg/mile − (MYANOx − 1,465 mg/mile)

where:

ABNOx = Adjusted NOX baseline, in mg/mile

MYANOx = Multi-year average NOX emissions, in mg/mile

(ii) For the 1998 and 1999 multi-year averaging period only the value of ABNOx shall not be larger than 1,480 mg/mile regardless of the calculation under paragraph (p)(2)(i) of this section.

(3)(i) Notwithstanding the provisions of §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 §80.91(b)(4) shall be the more stringent of the statutory baseline value for NOX under §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 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]

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 §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 §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 §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 §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 §80.240 that has received an extension of its small refiner gasoline sulfur standards under §80.553, the NOX emissions standard specified in paragraph (b)(3)(i) of this section shall no longer apply beginning January 1, 2011.

(4)(i) Beginning January 1, 2011, or January 1, 2015 for small refiners approved under §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 §80.1230, pursuant to the provisions of §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 §80.1334, pursuant to §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 §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 §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 §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 §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 §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 §80.93(d)(2)(iii), the compliance baseline for each emissions performance for that refinery or importer for gasoline produced or imported for use in Hawaii, the Commonwealth of Puerto Rico, and/or the Virgin Islands shall be:

(A) The summer statutory baseline value under §80.45(b)(3), Table 5 for NOX.

(B) The summer statutory baseline value under §80.45(b)(3), Table 5 for Toxics less the corresponding value for Benzene under §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 §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 §80.91.

(ii) In the case of any refiner for any refinery or importer that has received approval of a petition submitted under §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 §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 §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 §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 §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 §80.91(f)(1), the compliance baseline for each parameter or emissions performance shall be calculated according to the following formula:

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 §80.91.

DBi = The anti-dumping statutory baseline value for parameter or emissions performance i, as specified at §80.91(c)(5)(iii) or (c)(5)(iv), respectively.

V1990 = The 1990 baseline volume as determined under §80.91(f)(1).

Va = The total volume of reformulated gasoline, conventional gasoline, RBOB, and California gasoline as defined in §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 §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:

If Vj ≥V1990j >0:

If Vj <V1990j 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:

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 §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:

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.

(A) Exhaust benzene, exhaust toxics, and exhaust NOX emissions performance for each batch shall be calculated in accordance with the applicable model under §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 §80.93(d)(1) must use the applicable winter complex model under §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 §80.93(d)(2) must use the applicable summer complex model under §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 §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:

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:

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 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:

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 §80.91.

(5) The emissions performance of gasoline that has an RVP that is equal to or less than the RVP required under §80.27 (“summer gasoline”) shall be determined using the applicable summer complex model under §80.45.

(6)(i) The emissions performance of gasoline that has an RVP greater than the RVP required under §80.27 (“winter gasoline”) shall be determined using the applicable winter complex model under §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 §80.27 shall be determined using the applicable winter complex model under §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 §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 §80.45(f)(2), in the case of any parameter value that does not fall within the complex model range limit in §80.45(f)(1)(ii), the refiner or importer shall determine the emissions performance of the batch using the following parameter values:

Parameter outside the range limitParameter value to use for calculating
Exhaust toxicsNOX
SulfurTest value1Test value.1
  RVP (summer only):
<6.4 psi6.4 psi6.4 psi.
>11.0 psiTest value1Test value.1
AromaticsTest value1Test value.1
OlefinsTest value1Test value.1
BenzeneTest value1Test value.1
   E200:
<30%Test value130%
>70%70%Test value.1
E300 <70%Test value1Test value.1

1Test 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 §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 §80.91(f)(3) shall achieve 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) 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 taken from the batch, using the methodologies specified in §80.46; 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 §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 §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 §80.65(e)(2)(i), using the test methods specified under §80.46.

(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 importer must test each sample (or use a laboratory that is independent under §80.82(b)(2) to test the sample) for the parameters specified under §80.65(e)(2)(i) using the test methods specified under §80.46, and the results must correlate with the terminal's test results within the ranges specified under §80.65(e)(2)(i).

(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 §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 §80.101(i), recordkeeping under §80.104, and reporting under §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.

(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:

Length of compliance period in years Compliance period must start no later than January 1st of Refinery must comply with the Statutory Baseline NOX standard, on average, for gasoline produced beginning with the
220047th quarter and all subsequent quarters.
3200310th quarter and all subsequent quarters.
4200213th quarter and all subsequent quarters.
5200116th 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.

(D) For the purposes of this §80.101(k) and §80.101(l), the NOX deficit in tons shall be calculated in accordance with the following equation:

NOXDef = (NOXad − NOXsea)* Gd*2.7×10−8

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 §80.101(k) and §80.101(l), the NOX benefit in tons shall be calculated in accordance with the following equation:

NOXBen (NOXsea—NOXab)*Gd*2.7×10−8

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.

(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 §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 that year and must demonstrate such compliance via the annual report as specified in §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 §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 §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 §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 §80.101(k)(3)(ii).

(iv) A demonstration that the conditions for which the refinery was granted small refiner status under §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 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 §80.223, and that later are disqualified under §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]

Any refiner or importer of conventional gasoline must register with the Administrator in accordance with the provisions specified at §80.76.

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 §80.101(g)(3).

(2)(i) The results of tests performed in accordance with §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 §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 §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 §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 §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 §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 §80.82(c) and (d), as appropriate; and

(D) Compliance with the requirements of §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 §80.84, records that reflect the results of any sampling and testing of conventional gasoline under §80.84.

(1) Pipelines must keep records showing that the interface was designated in the proper manner according to the designations listed in §80.84(b)(1).

(2) Transmix processors and transmix blenders must keep records showing that their transmix meets the definition in §80.84(a)(2), or contains gasoline and distillate fuel only from the sources listed in §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 §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 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]

(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 §80.101(b)(1)(i);

(B) The average exhaust benzene emissions under §80.101(g);

(C) The applicable sulfur content standard under §80.101(b)(1)(ii) in parts per million;

(D) The average sulfur content under §80.101(g) in parts per million;

(E) The difference between the applicable sulfur content standard under §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 §80.101(b)(1)(iii) in volume percent;

(G) The average olefin content under §80.101(g) in volume percent;

(H) The difference between the applicable olefin content standard under §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 §80.101(b)(1)(iv) in degrees Fahrenheit;

(J) The average T90 distillation point under §80.101(g) in degrees Fahrenheit; and

(K) The difference between the applicable T90 distillation point standard under §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 §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 §80.101(b)(3) and (g); and

(B) The applicable NOX emissions standard and the average NOX emissions, under §80.101(b)(3) and (g).

(5) 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, pursuant to §80.101(i);

(vi) In the case of any previously certified gasoline used in a refinery operation under the terms of §80.101(g)(9), 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; and

(D) The volume, properties and designation of the batch;

(vii) In the case of butane blended with conventional gasoline under §80.82:

(A) Identification of the butane batch as complying with the provisions of §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;

(E) The volume of the butane batch;

(F) The properties of the butane batch specified by the butane supplier, or the properties specified in §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, as measured using the appropriate test method in §80.46; and

(viii) 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 §80.82, the report required under paragraph (a) of this section must include 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 standard that apply to conventional gasoline under Subpart E; and

(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 §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 §80.101(e).

(c) For each averaging period, each refiner for each refinery and importer shall cause to be submitted to the Administrator of EPA, by May 31 of each year, a report in accordance with the requirements for the Attest Engagements of §80.125 through §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 the last day of February each year for the prior calendar year averaging period; and

(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]

(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]

Source: 59 FR 7875, Feb. 16, 1994, unless otherwise noted.

(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 §§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 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]

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 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]

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 larger29
41-6525
26-4020
0-25N 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.

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 §80.133.

(a) Read the refiner's or importer's reports filed with EPA for the previous year as required by §§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 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 §80.69(a)(8) in the case of RBOB designated as “any oxygenate,” or “ether only,” or using the assumptions in §§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 §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 §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 §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 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, §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, §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, §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, §80.128 was amended by revising paragraph (a); however, the amendment could not be incorporated because that paragraph is stayed.

(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 §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]

(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 §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 §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.

(3) Select a sample, in accordance with the guidelines in §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 §80.101(i)(3) (“§80.101(i)(3) truck imports”).

(1) Obtain a listing of all volumes of §80.101(i)(3) truck imports for the reporting period. Agree the total volume of §80.101(i)(3) truck imports from the listing to the inventory reconciliation analysis under §80.132.

(2) Obtain a listing of all §80.101(i)(3) truck import batches reported to EPA by the importer. Agree the total volume of §80.101(i)(3) truck imports from the listing to the volume of §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 §80.127, from the listing obtained in paragraph (b)(2) of this section, and for each §80.101(i)(3) truck import batch selected perform the following:

(i) Obtain the copy of the terminal test results for the batch, under §80.101(i)(3)(iii)(A), and determine that the sample was analyzed using the test methods specified in §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 §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 §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 §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 §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 §§80.65(i) and 80.101(g)(9).

(1) Obtain a listing of all batches of previously certified gasoline used under the requirements of §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 §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 §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 §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 §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 §80.82.

(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 §80.82.

[70 FR 74574, Dec. 15, 2005]

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 §§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 §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

(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 §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 §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 §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 §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 §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 §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 §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 §80.69(a)(7).

(i) Conventional gasoline and conventional gasoline blendstock tenders. Select a sample, in accordance with the guidelines in §80.127, from the listing of the tenders of conventional gasoline and conventional gasoline blendstock that becomes gasoline through the addition 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 §80.106(a)(1)(vii) is included.

(j) Conventional gasoline batches. Select a sample, in accordance with the guidelines in §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 foll