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Pt. 80 40 CFR Ch.

I (7101 Edition)

number of revertants per kilometer (or H., Nylund, L., Tokiwa, H., Vink,
mile, or brake-horsepower/hour), and I.G.R., Wang, Y., Warshawsky, D., Re-
standard deviation; and sults of the IPCS Collaborative Study
(g) References. For additional back- on Complex Mixtures Mutation Re-
ground information on this test guide- search 276:2332 (1992).
line, the following references should be (10) Claxton, L., Douglas, G.,
consulted. Krewski, D., Lewtas, J., Matsushita,
(1) 40 CFR 798.5265, The Salmonella H., Rosenkranz, H., Overview, conclu-
typhimurium reverse mutation asay. sions, and recommendations of the
(2) Ames, B.N., McCann, J., IPCS Collaborative Study on Complex
Yamasaki, E. Methods for detecting Mixtures Mutation Research 276:6180
carcinogens and mutagens with the (1992).
Salmonella/mammalian microsome (11) Houk, V.S., Schalkowsky, S., and
mutagenicity test, Mutation Research Claxton, L.D., Development and Vali-
31:347364 (1975). dation of the Spiral Salmonella Assay:
(3) Huisingh, J.L., et al.,Mutagenic An Automated Approach to Bacterial
and Carcinogenic Potency of Extracts Mutagenicity Testing Mutation Re-
of Diesel and Related Environmental search 223:4964 (1989).
Emissions: Study Design, Sample Gen- (12) Jones, E., Richold, M., May, J.H.,
eration, Collection, and Preparation. and Saje, A. The Assessment of the
In: Health Effects of Diesel Engine Mutagenic Potential of Vehicle Engine
Emissions, Vol. II, W.E. Pepelko, R., Exhaust in the Ames Salmonella Assay
M., Danner and N. A. Clarke (Eds.), US Using a Direct Exposure Method Mu-
EPA, Cincinnati, EPA600/980057b, pp. tation Research 97:3540 (1985).
788800 (1980). (13) Maron, D., and Ames, B. N., Re-
(4) [Reserved] vised methods for the Salmonella mu-
(5) Claxton, L.D., Allen, J., Auletta, tagenicity test, Mutation Research,
A., Mortelmans, K., Nestmann, E., 113:173212 (1983).
Zeiger, E. Guide for the Salmonella (14) Prival, M.J., and Mitchell, V.D.
typhimurium/mammalian microsome Analysis of a method for testing azo
tests for bacterial mutagenicity Mu- dyes for mutagenic activity in Sal-
tation Research 189(2):8391 (1987). monella typhimurium in the presence
(6) Claxton, L., Houk, V.S., Allison, of flavin mononucleotide and hamster
J.C., Creason, J., Evaluating the rela- liver S9, Mutation Research 97:103
tionship of metabolic activation sys- 116 (1982).
tem concentrations and chemical dose (15) Rosenkranz, H.S., et.al.
concentrations for the Salmonella Spi- Nitropyrenes: Isolation, identifica-
ral and Plate Assays Mutation Re- tion, and reduction of mutagenic impu-
search 253:127136 (1991). rities in carbon black and toners
(7) Claxton, L., Houk, V.S., Monteith, Science 209:103943 (1980).
L.G., Myers, L.E., Hughes, T.J., As- (16) Stump, F., Snow, R., et.al.,
sessing the use of known mutagens to Trapping gaseous hydrocarbons for
calibrate the Salmonella typhimurium mutagenic testing SAE Technical
mutagenicity assay: I. Without exoge- Paper Series, No. 820776 (1982).
nous activation. Mutation Research (17) Vogel, H.J., Bonner, D.M.
253:137147 (1991). Acetylornithinase of E. coli: partial
(8) Claxton, L., Houk, V.S., Warner, purification and some properties,
J.R., Myers, L.E., Hughes, T.J., As- Journal of Biological Chemistry.
sessing the use of known mutagens to 218:97106 (1956).
calibrate the Salmonella typhimurium [59 FR 33093, June 27, 1994, as amended at 61
mutagenicity assay: II. With exogenous FR 36513, July 11, 1996]
activation. Mutation Research
253:149159 (1991). PART 80REGULATION OF FUELS
(9) Claxton, L., Creason, J., Lares, B.,
Augurell, E., Bagley, S., Bryant, D.W.,
AND FUEL ADDITIVES
Courtois, Y.A., Douglas, G., Clare, C.B.,
Subpart AGeneral Provisions
Goto, S., Quillardet, P., Jagannath,
D.R., Mohn, G., Neilsen, P.A., Ohnishi, Sec.
Y., Ong, T., Pederson, T.C., Shimizu, 80.1 Scope.

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Environmental Protection Agency Pt. 80
80.2 Definitions. 80.62 Vehicle test procedures to place vehi-
80.3 Test methods. cles in emitter group sub-fleets.
80.4 Right of entry; tests and inspections. 80.6380.64 [Reserved]
80.5 Penalties. 80.65 General requirements for refiners, im-
80.7 Requests for information. porters, and oxygenate blenders.
80.66 Calculation of reformulated gasoline
Subpart BControls and Prohibitions properties.
80.67 Compliance on average.
80.2080.21 [Reserved] 80.68 Compliance surveys.
80.22 Controls and prohibitions. 80.69 Requirements for downstream oxygen-
80.23 Liability for violations. ate blending.
80.24 Controls applicable to motor vehicle 80.70 Covered areas.
manufacturers. 80.71 Descriptions of VOC-control regions.
80.25 [Reserved] 80.72 Procedures for opting out of the cov-
80.26 Confidentiality of information. ered areas.
80.27 Controls and prohibitions on gasoline 80.73 Inability to produce conforming gaso-
volatility. line in extraordinary circumstances.
80.28 Liability for violations of gasoline vol- 80.74 Recordkeeping requirements.
atility controls and prohibitions. 80.75 Reporting requirements.
80.29 Controls and prohibitions on diesel
80.76 Registration of refiners, importers or
fuel quality.
oxygenate blenders.
80.30 Liability for violations of diesel fuel
80.77 Product transfer documentation.
control and prohibitions.
80.78 Controls and prohibitions on reformu-
80.32 Controls applicable to liquefied petro-
lated gasoline.
leum gas retailers and wholesale pur-
80.79 Liability for violations of the prohib-
chaser-consumers.
ited activities.
80.33 Controls applicable to natural gas re-
80.80 Penalties.
tailers and wholesale purchaser-con-
sumers. 80.81 Enforcement exemptions for Cali-
fornia gasoline.
Subpart COxygenated Gasoline 80.82 Conventional gasoline marker. [Re-
served]
80.35 Labeling of retail gasoline pumps; 80.83 Renewable oxygenate requirements.
oxygenated gasoline. 80.8480.89 [Reserved]
80.3680.39 [Reserved]
Subpart EAnti-Dumping
Subpart DReformulated Gasoline
80.90 Conventional gasoline baseline emis-
80.40 Fuel certification procedures. sions determination.
80.41 Standards and requirements for com- 80.91 Individual baseline determination.
pliance. 80.92 Baseline auditor requirements.
80.42 Simple emissions model. 80.93 Individual baseline submission and ap-
80.4380.44 [Reserved] proval.
80.45 Complex emissions model. 80.94 Requirements for gasoline produced at
80.46 Measurement of reformulated gasoline foreign refineries.
fuel parameters. 80.9580.100 [Reserved]
80.47 [Reserved] 80.101 Standards applicable to refiners and
80.48 Augmentation of the complex emis- importers.
sion model by vehicle testing. 80.102 Controls applicable to blendstocks.
80.49 Fuels to be used in augmenting the 80.103 Registration of refiners and import-
complex emission model through vehicle ers.
testing. 80.104 Recordkeeping requirements.
80.50 General test procedure requirements 80.105 Reporting requirements.
for augmentation of the emission models. 80.106 Product transfer documents.
80.51 Vehicle test procedures. 80.10780.124 [Reserved]
80.52 Vehicle preconditioning.
80.5380.54 [Reserved] Subpart FAttest Engagements
80.55 Measurement methods for benzene and
1,3-butadiene. 80.125 Attest engagements.
80.56 Measurement methods for formalde- 80.126 Definitions.
hyde and acetaldehyde. 80.127 Sample size guidelines.
80.5780.58 [Reserved] 80.128 Agreed upon procedures for refiners
80.59 General test fleet requirements for ve- and importers.
hicle testing. 80.129 Agreed upon procedures for down-
80.60 Test fleet requirements for exhaust stream oxygenate blenders.
emission testing. 80.130 Agreed upon procedures reports.
80.61 [Reserved] 80.13180.135 [Reserved]

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Pt. 80 40 CFR Ch. I (7101 Edition)

Subpart GDetergent Gasoline 80.216 What standards apply to gasoline pro-


duced or imported for use in the GPA?
80.140 Definitions. 80.217 How does a refiner or importer apply
80.141 Interim detergent gasoline program. for the GPA standards?
80.14280.154 [Reserved] 80.218 [Reserved]
80.155 Interim detergent program controls 80.219 Designation and downstream require-
and prohibitions. ments for GPA gasoline.
80.156 Liability for violations of the interim 80.220 What are the downstream standards
detergent program controls and prohibi- for GPA gasoline?
tions.
80.157 Volumetric additive reconciliation HARDSHIP PROVISIONS
(VAR), equipment calibration, and rec-
ordkeeping requirements. 80.225 What is the definition of a small re-
80.158 Product transfer documents (PTDs). finer?
80.159 Penalties. 80.230 Who is not eligible for the hardship
80.160 Exemptions. provisions for small refiners?
80.161 Detergent additive certification pro- 80.235 How does a refiner obtain approval as
gram. a small refiner?
80.162 Additive compositional data. 80.240 What are the small refiner gasoline
80.163 Detergent certification options. sulfur standards?
80.164 Certification test fuels. 80.245 How does a small refiner apply for a
80.165 Certification test procedures and sulfur baseline?
standards. 80.250 How is the small refiner sulfur base-
80.166 Carburetor deposit control perform- line and volume determined?
ance test and test fuel guidelines. 80.255 Compliance plans and demonstration
80.167 Confirmatory testing. of commitment to produce low sulfur
80.168 Detergent certification program con- gasoline.
trols and prohibitions. 80.260 What are the procedures and require-
80.169 Liability for violations of the deter- ments for obtaining a hardship exten-
gent certification program controls and sion?
prohibitions. 80.265 How will the EPA approve or dis-
80.170 Volumetric additive reconciliation approve a hardship extension applica-
(VAR), equipment calibration, and rec- tion?
ordkeeping requirements. 80.270 Can a refiner seek temporary relief
80.171 Product transfer documents (PTDs). from the requirements of this subpart?
80.172 Penalties.
80.173 Exemptions. ALLOTMENT TRADING PROGRAM
80.174 Addresses. 80.275 How are allotments generated and
used?
Subpart HGasoline Sulfur
AVERAGING, BANKING AND TRADING (ABT)
GENERAL INFORMATION PROGRAMGENERAL INFORMATION
80.18080.185 [Reserved] 80.280 [Reserved]
80.190 Who must register with EPA under 80.285 Who may generate credits under the
the sulfur program? ABT program?
80.290 How does a refiner apply for a sulfur
GASOLINE SULFUR STANDARDS
baseline?
80.195 What are the gasoline sulfur stand-
ards for refiners and importers? ABT PROGRAMBASELINE DETERMINATION
80.200 What gasoline is subject to the sulfur 80.295 How is a refinery sulfur baseline de-
standards and requirements? termined?
80.205 How is the annual refinery or im-
80.300 [Reserved]
porter average and corporate pool aver-
age sulfur level determined? ABT PROGRAMCREDIT GENERATION
80.210 What sulfur standards apply to gaso-
line downstream from refineries and im- 80.305 How are credits generated during the
porters? time period 2000 through 2003?
80.211 [Reserved] 80.310 How are credits generated beginning
80.212 What requirements apply to oxygen- in 2004?
ate blenders?
80.21380.214 [Reserved] ABT PROGRAMCREDIT USE
80.315 How are credits used and what are the
GEOGRAPHIC PHASE-IN PROGRAM limitations on credit use?
80.215 What is the scope of the geographic 80.320 [Reserved]
phase-in program? 80.325 [Reserved]

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Environmental Protection Agency Pt. 80
SAMPLING, TESTING AND RETENTION ance applicable to refiners and import-
REQUIREMENTS FOR REFINERS AND IMPORTERS ers?
80.330 What are the sampling and testing re-
quirements for refiners and importers?
Subpart IMotor Vehicle Diesel Fuel
80.335 What gasoline sample retention re- GENERAL INFORMATION
quirements apply to refiners and import-
ers? 80.500 What are the implementation dates
80.340 What standards and requirements for the diesel fuel sulfur control pro-
apply to refiners producing gasoline by gram?
blending blendstocks into previously cer- 80.501 What diesel fuel is subject to the pro-
tified gasoline (PCG)? visions of this subpart?
80.345 [Reserved] 80.50280.519 [Reserved]
80.350 What alternative sulfur standards
and requirements apply to importers who MOTOR VEHICLE DIESEL FUEL STANDARDS AND
transport gasoline by truck? REQUIREMENTS
80.355 [Reserved] 80.520 What are the standards and dye re-
quirements for motor vehicle diesel fuel?
RECORDKEEPING AND REPORTING 80.521 What are the standards and identi-
REQUIREMENTS fication requirements for motor vehicle
80.360 [Reserved] diesel fuel additives?
80.365 What records must be kept? 80.522 May used motor oil be dispensed into
80.370 What are the sulfur reporting require- diesel motor vehicles?
ments? 80.523 What diesel fuel designation require-
80.37180.373 [Reserved] ments apply to refiners and importers?
80.524 What sulfur content standard applies
EXEMPTIONS to motor vehicle diesel fuel downstream
80.374 What if a refiner or importer is un- of the refinery or importer?
able to produce gasoline conforming to 80.525 What requirements apply to kerosene
the requirements of this subpart? blenders?
80.375 What requirements apply to Cali- 80.526 [Reserved]
fornia gasoline? 80.527 Under what conditions may motor ve-
80.380 What are the requirements for ob- hicle diesel fuel subject to the 15 ppm
taining an exemption for gasoline used sulfur standard be downgraded as motor
for research, development or testing pur- vehicle diesel fuel subject to the 500 ppm
poses? sulfur standard?
80.52880.529 [Reserved]
VIOLATION PROVISIONS
TEMPORARY COMPLIANCE OPTION
80.385 What acts are prohibited under the
gasoline sulfur program? 80.530 Under what conditions can 500 ppm
80.390 What evidence may be used to deter- motor vehicle diesel fuel be produced or
mine compliance with the prohibitions imported?
and requirements of this subpart and li- 80.531 How are motor vehicle diesel fuel
ability for violations of this subpart? credits generated?
80.395 Who is liable for violations under the 80.532 How are credits used and transferred?
gasoline sulfur program? 80.53380.539 [Reserved]
80.400 What defenses apply to persons
deemed liable for a violation of a prohib- GEOGRAPHIC PHASE-IN PROVISIONS
ited act? 80.540 How may a refiner be approved to
80.405 What penalties apply under this sub- produce gasoline under the GPA gasoline
part? sulfur standards in 2007 and 2008?
80.54180.549 [Reserved]
PROVISIONS FOR FOREIGN REFINERS WITH
INDIVIDUAL SULFUR BASELINES SMALL REFINER HARDSHIP PROVISIONS
80.410 What are the additional requirements 80.550 What is the definition of a small re-
for gasoline produced at foreign refin- finer under this subpart?
eries having individual small refiner sul- 80.551 How does a refiner obtain approval as
fur baselines, foreign refineries granted a small refiner under this subpart?
temporary relief under 80.270, or base- 80.552 What compliance options are avail-
lines for generating credits during 2000 able to small refiners?
through 2003? 80.553 Under what conditions may the small
refiner gasoline sulfur standards be ex-
ATTEST ENGAGEMENTS
tended for a small refiner of motor vehi-
80.415 What are the attest engagement re- cle diesel fuel?
quirements for gasoline sulfur compli- 80.55480.559 [Reserved]

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Pt. 80 40 CFR Ch. I (7101 Edition)
OTHER HARDSHIP PROVISIONS and requirements of this subpart and li-
ability for violations of this subpart?
80.560 How can a refiner seek temporary re-
lief from the requirements of this sub- 80.612 Who is liable for violations of this
part in case of extreme hardship cir- subpart?
cumstances? 80.613 What defenses apply to persons
80.561 How can a refiner or importer seek deemed liable for a violation of a prohib-
temporary relief from the requirements ited act?
of this subpart in case of extreme 80.614 What penalties apply under this sub-
unforseen circumstances? part?
80.56280.569 [Reserved] 80.61580.619 [Reserved]

LABELING REQUIREMENTS PROVISIONS FOR FOREIGN REFINERS AND IM-


PORTERS FOR MOTOR VEHICLE DIESEL FUEL
80.570 What labeling requirements apply to SUBJECT TO A TEMPORARY COMPLIANCE OP-
retailers and wholesale purchaser-con- TION OR HARDSHIP PROVISION
sumers of motor vehicle diesel fuel?
80.57180.579 [Reserved] 80.620 What are the additional requirements
for motor vehicle diesel fuel produced by
SAMPLING AND TESTING foreign refineries subject to a temporary
80.580 What are the sampling and testing refiner compliance option or hardship
methods for sulfur? provisions?
80.58180.589 [Reserved]
Subpart JGasoline Toxics
RECORDKEEPING AND REPORTING
REQUIREMENTS GENERAL INFORMATION
80.590 What are the product transfer docu- 80.80080.805 [Reserved]
ment requirements for motor vehicle die- 80.810 Who shall register with EPA under
sel fuel? the gasoline toxics program?
80.591 What are the product transfer docu-
ment requirements for additives to be GASOLINE TOXICS PERFORMANCE
used in motor vehicle diesel fuel? REQUIREMENTS
80.592 What records must be kept? 80.815 What are the gasoline toxics perform-
80.593 What are the reporting and registra- ance requirements for refiners and im-
tion requirements for refiners and im- porters?
porters of motor vehicle diesel fuel sub- 80.820 What gasoline is subject to the toxics
ject to temporary refiner relief stand- performance requirements of this sub-
ards? part?
80.594 What are the pre-compliance report- 80.825 How is the refinery or importer an-
ing requirements? nual average toxics value determined?
80.595 How does a refiner apply for a motor 80.830 What requirements apply to oxygen-
vehicle diesel fuel volume baseline? ate blenders?
80.596 How is a refinery motor vehicle diesel 80.835 What requirements apply to butane
fuel volume baseline calculated? blenders?
80.597 What are the registration require-
80.840 [Reserved]
ments?
80.845 What requirements apply to Cali-
80.59880.599 [Reserved]
fornia gasoline?
EXEMPTIONS 80.850 How is the compliance baseline deter-
mined?
80.600 What are the requirements for ob- 80.855 What is the compliance baseline for
taining an exemption for motor vehicle refineries or importers with insufficient
diesel fuel used for research, develop- data?
ment or testing purposes? 80.86080.905 [Reserved]
80.601 What requirements apply to motor
vehicle diesel fuel for use in the Terri- BASELINE DETERMINATION
tories?
80.602 What exemption applies to diesel fuel 80.910 How does a refiner or importer apply
used in vehicles having a national secu- for a toxics baseline?
rity exemption from motor vehicle emis- 80.915 How are the baseline toxics value and
sions standards? the baseline toxics volume determined?
80.60380.609 [Reserved] 80.92080.980 [Reserved]

VIOLATION PROVISIONS RECORDKEEPING AND REPORTING


REQUIREMENTS
80.610 What acts are prohibited under the
diesel fuel sulfur program? 80.985 What records shall be kept?
80.611 What evidence may be used to deter- 80.990 What are the toxics reporting re-
mine compliance with the prohibitions quirements?

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Environmental Protection Agency 80.2
EXEMPTIONS Subpart AGeneral Provisions
80.995 What if a refiner or importer is un-
able to produce gasoline conforming to 80.1 Scope.
the requirements of this subpart? (a) This part prescribes regulations
80.1000 What are the requirements for ob- for the control and/or prohibition of
taining an exemption for gasoline used fuels and additives for use in motor ve-
for research, development or testing pur-
hicles and motor vehicle engines.
poses?
These regulations are based upon a de-
VIOLATION PROVISIONS termination by the Administrator that
the emission product of a fuel or addi-
80.1005 What acts are prohibited under the
gasoline toxics program?
tive will endanger the public health, or
80.1010 [Reserved]
will impair to a significant degree the
80.1015 Who is liable for violations under
performance of a motor vehicle emis-
the gasoline toxics program? sion control device in general use or
80.1020 [Reserved] which the Administrator finds has been
80.1025 What penalties apply under this sub- developed to a point where in a reason-
part? able time it would be in general use
were such regulations promulgated;
PROVISIONS FOR FOREIGN REFINERS WITH and certain other findings specified by
INDIVIDUAL TOXICS BASELINES the Act.
80.1030 What are the requirements for gaso- (b) Nothing in this part is intended to
line produced at foreign refineries having preempt the ability of State or local
individual refiner toxics baselines? governments to control or prohibit any
fuel or additive for use in motor vehi-
ATTEST ENGAGEMENTS
cles and motor vehicle engines which is
80.1035 What are the attest engagement re- not explicitly regulated by this part.
quirements for gasoline toxics compli-
ance applicable to refiners and import- [38 FR 1255, Jan. 10, 1973, as amended at 38
ers? FR 33741, Dec. 6, 1973; 42 FR 25732, May 19,
1977]
80.1040 [Reserved]

ADDITIONAL RULEMAKING 80.2 Definitions.


80.1045 What additional rulemaking will
As used in this part:
EPA conduct? (a) Act means the Clean Air Act, as
amended (42 U.S.C. 1857 et seq.).
APPENDIX A TO PART 80TEST FOR THE DE-
TERMINATION OF PHOSPHORUS IN GASOLINE
(b) Administrator means the Adminis-
APPENDIX B TO PART 80TEST METHODS FOR trator of the Environmental Protection
LEAD IN GASOLINE Agency.
APPENDIX C TO PART 80[RESERVED] (c) Gasoline means any fuel sold in
APPENDIX D TO PART 80SAMPLING PROCE- any State 1 for use in motor vehicles
DURES FOR FUEL VOLATILITY and motor vehicle engines, and com-
APPENDIX E TO PART 80TEST FOR DETER- monly or commercially known or sold
MINING REID VAPOR PRESSURE (RVP) OF as gasoline.
GASOLINE AND GASOLINE OXYGENATE (d) Previously certified gasoline, or
BLENDS PCG, means gasoline or RBOB that
APPENDIX F TO PART 80TEST FOR DETER- previously has been included in a batch
MINING THE QUANTITY OF ALCOHOL IN GAS-
for purposes of complying with the
OLINE
standards in Subparts D, E, H, and J of
APPENDIX G TO PART 80SAMPLING PROCE-
DURES FOR DIESEL FUEL
this part, as appropriate.
(e) Lead additive means any substance
AUTHORITY: 42 U.S.C. 7414, 7521(l), 7545 and containing lead or lead compounds.
7601(a). (f) [Reserved]
SOURCE: 38 FR 1255, Jan. 10, 1973, unless (g) Unleaded gasoline means gasoline
otherwise noted. which is produced without the use of
EFFECTIVE DATE NOTE: At 59 FR 7716, Feb.
any lead additive and which contains
16, 1994, EPA published amendments to part
80 containing information collection require- 1 State means a State, the District of Co-

ments. These amendments will not become lumbia, the Commonwealth of Puerto Rico,
effective until approval has been given by the Virgin Islands, Guam, and American
the Office of Management and Budget (OMB). Samoa.

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80.2 40 CFR Ch. I (7101 Edition)

not more than 0.05 gram of lead per (r) Importer means a person who im-
gallon and not more than 0.005 gram of ports gasoline, gasoline blending
phosphorus per gallon. stocks or components, or diesel fuel
(h) Refinery means any facility, in- from a foreign country into the United
cluding but not limited to, a plant, States (including the Commonwealth
tanker truck, or vessel where gasoline of Puerto Rico, the Virgin Islands,
or diesel fuel is produced, including Guam, American Samoa, and the
any facility at which blendstocks are Northern Mariana Islands).
combined to produce gasoline or diesel (s) Gasoline blending stock, blendstock,
fuel, or at which blendstock is added to or component means any liquid com-
gasoline or diesel fuel. pound which is blended with other liq-
(i) Refiner means any person who uid compounds to produce gasoline.
owns, leases, operates, controls, or su- (t) Carrier means any distributor who
pervises a refinery. transports or stores or causes the
(j) Retail outlet means any establish- transportation or storage of gasoline or
ment at which gasoline, diesel fuel, diesel fuel without taking title to or
methanol, natural gas or liquefied pe- otherwise having any ownership of the
troleum gas is sold or offered for sale gasoline or diesel fuel, and without al-
for use in motor vehicles. tering either the quality or quantity of
(k) Retailer means any person who the gasoline or diesel fuel.
owns, leases, operates, controls, or su- (u) Ethanol blending plant means any
pervises a retail outlet. refinery at which gasoline is produced
(l) Distributor means any person who solely through the addition of ethanol
transports or stores or causes the to gasoline, and at which the quality or
transportation or storage of gasoline or quantity of gasoline is not altered in
diesel fuel at any point between any any other manner.
gasoline or diesel fuel refinery or im- (v) Ethanol blender means any person
porters facility and any retail outlet who owns, leases, operates, controls, or
or wholesale purchaser-consumers fa- supervises an ethanol blending plant.
cility. (w) Cetane index or Calculated cetane
(m) Lead additive manufacturer means index is a number representing the ig-
any person who produces a lead addi- nition properties of diesel fuel oils
tive or sells a lead additive under his from API gravity and mid-boiling point
own name. as determined by ASTM standard
(n) Reseller means any person who method D 97680, entitled Standard
purchases gasoline or diesel fuel identi- Methods for Calculated Cetane Index of
fied by the corporate, trade, or brand Distillate Fuels. ASTM test method D
name of a refiner from such refiner or 97680 is incorporated by reference.
a distributor and resells or transfers it This incorporation by reference was ap-
to retailers or wholesale purchaser- proved by the Director of the Federal
consumers displaying the refiners Register in accordance with 5 U.S.C.
brand, and whose assets or facilities 552(a) and 1 CFR part 51. A copy may be
are not substantially owned, leased, or obtained from the American Society
controlled by such refiner. for Testing and Materials, 1916 Race
(o) Wholesale purchaser-consumer Street, Philadelphia, PA 19103. A copy
means any organization that is an ulti- may be inspected at the Air Docket
mate consumer of gasoline, diesel fuel, Section (A130), Room M1500, U.S. En-
methanol, natural gas or liquefied pe- vironmental Protection Agency, Dock-
troleum gas and which purchases or ob- et No. A8603, 401 M Street SW., Wash-
tains gasoline, diesel fuel, natural gas ington, DC 20460 or at the Office of the
or liquefied petroleum gas from a sup- Federal Register, 800 North Capitol
plier for use in motor vehicles and, in Street, NW., suite 700, Washington, DC.
the case of gasoline, diesel fuel, meth- (x) Diesel fuel means any fuel sold in
anol or liquefied petroleum gas, re- any state or Territory of the United
ceives delivery of that product into a States and suitable for use in diesel
storage tank of at least 550-gallon ca- motor vehicles, diesel motor vehicle
pacity substantially under the control engines or diesel nonroad engines, and
of that organization. which is commonly or commercially
(p)(q) [Reserved] known or sold as diesel fuel.

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Environmental Protection Agency 80.2

(y) Motor vehicle diesel fuel means any (ff) Conventional gasoline means any
diesel fuel, or any distillate product, gasoline which has not been certified
that is used, intended for use, or made under 80.40.
available for use, as a fuel in diesel (gg) Batch of gasoline means a quan-
motor vehicles or diesel motor vehicle tity of gasoline that is homogeneous
engines. with regard to those properties that
(z) Aromatic content is the aromatic are specified for conventional or refor-
hydrocarbon content in volume percent mulated gasoline.
as determined by ASTM standard test (hh) Covered area means each of the
method D 131988, entitled Standard geographic areas specified in 80.70 in
Test Method for Hydrocarbon Types in which only reformulated gasoline may
Liquid Petroleum Products by Fluores- be sold or dispensed to ultimate con-
cent Indicator Adsorption. ASTM test sumers.
method D 131988 is incorporated by (ii) Reformulated gasoline credit means
reference. This incorporation by ref- the unit of measure for the paper
erence was approved by the Director of transfer of oxygen or benzene content
the Federal Register in accordance resulting from reformulated gasoline
with 5 U.S.C. 552(a) and 1 CFR part 51. which contains more than 2.1 weight
A copy may be obtained from the percent of oxygen or less than 0.95 vol-
American Society for Testing and Ma- ume percent benzene.
terials, 1916 Race Street, Philadelphia, (jj) Oxygenate means any substance
PA 19103. A copy may be inspected at which, when added to gasoline, in-
the Air Docket Section (A130), room creases the oxygen content of that gas-
M1500, U.S. Environmental Protection oline. Lawful use of any of the sub-
Agency, Docket No. A8603, 401 M stances or any combination of these
Street SW., Washington, DC 20460 or at substances requires that they be sub-
the Office of the Federal Register, 800 stantially similar under section
North Capitol Street, NW., suite 700, 211(f)(1) of the Clean Air Act, or be per-
Washington, DC. mitted under a waiver granted by the
Administrator under the authority of
(aa) [Reserved]
section 211(f)(4) of the Clean Air Act.
(bb) Sulfur percentage is the percent- (kk) Reformulated gasoline blendstock
age of sulfur in diesel fuel by weight, as for oxygenate blending, or RBOB means
determined using the applicable sam- a petroleum product which, when
pling and testing methodologies set blended with a specified type and per-
forth in 80.580. centage of oxygenate, meets the defini-
(cc) Designated Volatility Nonattain- tion of reformulated gasoline, and to
ment Area means any area designated which the specified type and percent-
as being in nonattainment with the Na- age of oxygenate is added other than
tional Ambient Air Quality Standard by the refiner or importer of the RBOB
for ozone pursuant to rulemaking at the refinery or import facility where
under section 107(d)(4)(A)(ii) of the the RBOB is produced or imported.
Clean Air Act. (ll) Oxygenate blending facility means
(dd) Designated Volatility Attainment any facility (including a truck) at
Area means an area not designated as which oxygenate is added to gasoline
being in nonattainment with the Na- or blendstock, and at which the quality
tional Ambient Air Quality Standard or quantity of gasoline is not altered in
for ozone pursuant to rulemaking any other manner except for the addi-
under section 107(d)(4)(A)(ii) of the tion of deposit control additives.
Clean Air Act. (mm) Oxygenate blender means any
(ee) Reformulated gasoline means any person who owns, leases, operates, con-
gasoline whose formulation has been trols, or supervises an oxygenate blend-
certified under 80.40, which meets ing facility, or who owns or controls
each of the standards and requirements the blendstock or gasoline used or the
prescribed under 80.41, and which con- gasoline produced at an oxygenate
tains less than the maximum con- blending facility.
centration of the marker specified in (nn) Batch of motor vehicle diesel fuel
80.82 that is allowed for reformulated means a quantity of diesel fuel which is
gasoline under 80.82. homogeneous with regard to those

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80.3 40 CFR Ch. I (7101 Edition)

properties that are specified for motor Finding Aids section of the printed volume
vehicle diesel fuel under subpart I of and on GPO Access.
this part.
(oo) Liquefied petroleum gas means a 80.3 Test methods.
liquid hydrocarbon fuel that is stored The lead and phosphorus content of
under pressure and is composed pri- gasoline shall be determined in accord-
marily of species that are gases at at- ance with test methods set forth in the
mospheric conditions (temperature = 25 appendices to this part.
C and pressure = 1 atm), excluding
[47 FR 765, Jan. 7, 1982]
natural gas.
(pp) Control area means a geographic
80.4 Right of entry; tests and inspec-
area in which only oxygenated gasoline tions.
under the oxygenated gasoline program
may be sold or dispensed, with bound- The Administrator or his authorized
aries determined by section 211(m) of representative, upon presentation of
the Act. appropriate credentials, shall have a
(qq) Control period means the period right to enter upon or through any re-
during which oxygenated gasoline must finery, retail outlet, wholesale pur-
be sold or dispensed in any control chaser-consumer facility, or detergent
area, pursuant to section 211(m)(2) of manufacturer facility; or the premises
the Act. or property of any gasoline or deter-
(rr) Oxygenated gasoline means gaso- gent distributor, carrier, or importer;
line which contains a measurable or any place where gasoline or deter-
amount of oxygenate. gent is stored; and shall have the right
(ss) Tank truck means a truck and/or to make inspections, take samples, ob-
trailer used to transport or cause the tain information and records, and con-
transportation of gasoline or diesel duct tests to determine compliance
fuel, that meets the definition of motor with the requirements of this part.
vehicle in section 216(2) of the Act.
[61 FR 35356, July 5, 1996]
(tt) Natural gas means a fuel whose
primary constituent is methane. 80.5 Penalties.
(uu) Methanol means any fuel sold for
use in motor vehicles and commonly Any person who violates these regu-
known or commercially sold as meth- lations shall be liable to the United
anol or MXX, where XX is the percent States for a civil penalty of not more
methanol (CH3OH) by volume. than the sum of $25,000 for every day of
(vv) Opt-in area. An area which be- such violation and the amount of eco-
comes a covered area under 80.70 pur- nomic benefit or savings resulting from
suant to section 211(k)(6) of the Clean the violation. Any violation with re-
Air Act. spect to a regulation proscribed under
(ww) [Reserved] section 211(c), (k), (l) or (m) of the Act
(xx) Motor vehicle diesel fuel additive which establishes a regulatory stand-
means any substance not composed ard based upon a multi-day averaging
solely of carbon and/or hydrogen, or of period shall constitute a separate day
diesel blendstocks, that is added, in- of violation for each and every day in
tended for adding, used, or offered for the averaging period. Civil penalties
use in motor vehicle diesel fuel subse- shall be assessed in accordance with
quent to the production of diesel fuel section 205(b) and (c) of the Act.
by processing crude oil from refinery [58 FR 65554, Dec. 15, 1993]
processing units, or in diesel motor ve-
hicle fuel systems. 80.7 Requests for information.
(Sec. 211, (Sec. 223, Pub. L. 95-95, 91 Stat. 764, (a) When the Administrator, the Re-
42 U.S.C. 7545(g)) and sec. 301(a) 42 U.S.C. gional Administrator, or their dele-
7602(a), formerly 42 U.S.C. 1857g(a)) of the gates have reason to believe that a vio-
Clean Air Act, as amended)
lation of section 211(c) or section 211(n)
[38 FR 1255, Jan. 10, 1973] of the Act and the regulations there-
EDITORIAL NOTE: For FEDERAL REGISTER ci- under has occurred, they may require
tations affecting 80.2, see the List of CFR any refiner, distributor, wholesale pur-
Sections Affected, which appears in the chaser-consumer, or retailer to report

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Environmental Protection Agency 80.22

the following information regarding re- ably require to enable him to deter-
ceipt, transfer, delivery, or sale of gas- mine whether such refiner, distributor,
oline represented to be unleaded gaso- wholesale purchaser-consumer, re-
line and to allow the reproduction of tailer, or importer has acted or is act-
such information at all reasonable ing in compliance with sections 211(c)
times. and 211(n) of the Act and the regula-
(1) For any bulk shipment of gasoline tions thereunder and shall, upon re-
represented to be unleaded gasoline quest of the Administrator or his au-
which is transferred, sold, or delivered thorized representative, produce and
within the previous 6 months by a re- allow reproduction of any relevant
finer or a distributor to a distributor, records at all reasonable times. Such
wholesale purchaser-consumer or a re- information may include but is not
tail outlet, the refiner or distributor limited to records of unleaded gasoline
shall maintain and provide the fol- inventory at a wholesale purchaser-
lowing information as applicable: consumer facility or a retail outlet, un-
(i) Business or corporate name and leaded pump meter readings at a
address of distributors, wholesale pur- wholesale purchaser-consumer facility
chaser-consumers or retail outlets to or a retail outlet, and receipts pro-
which the gasoline has been trans- viding the date of acquisition of signs,
ferred, sold, or delivered. labels, and nozzles required by 80.22.
(ii) Quantity of gasoline involved. No person shall be required to furnish
(iii) Date of delivery. information requested under this para-
(iv) Storage location of gasoline prior graph if he can establish that such in-
to transit via delivery vessel (e.g., lo- formation is not maintained in the nor-
cation of a bulk terminal). mal course of his business.
(v) Business or corporate name and (Secs. 211, 301, Clean Air Act, as amended (42
address of the person who delivered the U.S.C. 1857f6c, 1857g))
gasoline. [40 FR 36336, Aug. 20, 1975, as amended at 42
(vi) Identification of delivery vessel FR 45307, Sept. 9, 1977; 47 FR 49332, Oct. 29,
(e.g., truck number). This information 1982; 61 FR 3837, Feb. 2, 1996]
shall be supplied by the person in para-
graph (a)(1)(v) of this section who per- Subpart BControls and
formed the delivery, e.g., common or Prohibitions
contract carrier.
(2) For any bulk shipment of gasoline 80.2080.21 [Reserved]
represented to be unleaded gasoline re-
ceived by a retail outlet or a whole- 80.22 Controls and prohibitions.
sale-purchaser-consumer facility with- (a) After December 31, 1995, no person
in the previous 6 months, whether by shall sell, offer for sale, supply, offer
purchase or otherwise, the retailer or for supply, dispense, transport, or in-
wholesale purchaser-consumer shall troduce into commerce gasoline rep-
maintain accessibility to and provide resented to be unleaded gasoline unless
the following information: such gasoline meets the defined re-
(i) Business or corporate name and quirements for unleaded gasoline in
address of the distributor. 80.2(g); nor shall he dispense, or cause
(ii) Quantity of gasoline received. or allow the gasoline other than un-
(iii) Date of receipt. leaded gasoline to be dispensed into
(b) Upon request by the Adminis- any motor vehicle which is equipped
trator, the Regional Administrator, or with a gasoline tank filler inlet which
their delegates, any retailer shall pro- is designed for the introduction of un-
vide documentation of his annual total leaded gasoline.
sales volume in gallons of gasoline for (b) After December 31, 1995, no person
each retail outlet for each calendar shall sell, offer for sale, supply, offer
year beginning with 1971. for supply, dispense, transport, or in-
(c) Any refiner, distributor, whole- troduce into commerce for use as fuel
sale purchaser-consumer, retailer, or in any motor vehicle (as defined in Sec-
importer shall provide such other in- tion 216(2) of the Clean Air Act, 42
formation as the Administrator or his U.S.C. 7550(2)), any gasoline which is
authorized representative may reason- produced with the use of lead additives

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80.23 40 CFR Ch. I (7101 Edition)

or which contains more than 0.05 gram the gasoline was sold, dispensed, or of-
of lead per gallon. fered for sale, the retailer or wholesale
(c)(e) [Reserved] purchaser-consumer, the reseller (if
(f) Beginning January 1, 1996, every any), and such gasoline refiner shall be
retailer and wholesale purchaser-con- deemed in violation. Except as pro-
sumer shall equip all gasoline pumps as vided in paragraph (b)(2) of this sec-
follows: tion, the refiner shall be deemed in vio-
(1) [Reserved] lation irrespective of whether any
(2) Each pump from which unleaded other refiner, distributor, retailer, or
gasoline is dispensed into motor vehi- wholesale purchaser-consumer or the
cles shall be equipped with a nozzle employee or agent of any refiner, dis-
spout which meets the following speci- tributor, retailer, or wholesale pur-
fications: chaser-consumer may have caused or
(i) The outside diameter of the ter- permitted the violation.
minal end shall not be greater than (2) Where the corporate, trade, or
0.840 inch (2.134 centimeters); brand name of a gasoline refiner or any
(ii) The terminal end shall have a of its marketing subsidiaries does not
straight section of at least 2.5 inches appear on the pump stand and is not
(6.34 centimeters) in length; and displayed at the retail outlet or whole-
(iii) The retaining spring shall termi- sale purchaser-consumer facility from
nate 3.0 inches (7.6 centimeters) from which the gasoline was sold, dispensed,
the terminal end. or offered for sale, the retailer or
(g)(i) [Reserved] wholesale purchaser-consumer and any
(j) After July 1, 1996 every retailer distributor who sold that person gaso-
and wholesale purchaser-consumer line contained in the storage tank
handling over 10,000 gallons (37,854 li- which supplied that pump at the time
ters) of fuel per month shall limit each of the violation shall be deemed in vio-
nozzle from which gasoline or meth- lation.
anol is introduced into motor vehicles (b)(1) In any case in which a retailer
to a maximum fuel flow rate not to ex- or wholesale purchaser-consumer and
ceed 10 gallons per minute (37.9 liters any gasoline refiner or distributor
per minute). The flow rate may be con- would be in violation under paragraph
trolled through any means in the (a) (1) or (2) of this section, the retailer
pump/dispenser system, provided the or wholesale purchaser-consumer shall
nozzle flow rate does not exceed 10 gal- not be liable if he can demonstrate
lons per minute (37.9 liters per minute). that the violation was not caused by
After January 1, 1998 this requirement him or his employee or agent.
applies to every retailer and wholesale (2) In any case in which a retailer or
purchaser-consumer. Any dispensing wholesale purchaser-consumer, a re-
pump that is dedicated exclusively to seller (if any), and any gasoline refiner
heavy-duty vehicles, boats, or air- would be in violation under paragraph
planes is exempt from this require- (a)(1) of this section, the refiner shall
ment. not be deemed in violation if he can
[38 FR 1255, Jan. 10, 1973, as amended at 39 demonstrate:
FR 16125, May 17, 1974; 39 FR 43283, Dec. 12, (i) That the violation was not caused
1974; 48 FR 4287, Jan. 31, 1983; 56 FR 13768, by him or his employee or agent, and
Apr. 4, 1991; 58 FR 16019, Mar. 24, 1993; 61 FR (ii) That the violation was caused by
3837, Feb. 2, 1996; 61 FR 33039, June 26, 1996] an act in violation of law (other than
the Act or this part), or an act of sabo-
80.23 Liability for violations. tage, vandalism, or deliberate commin-
Liability for violations of paragraphs gling of gasoline which is produced
(a) and (b) of 80.22 shall be determined with the use of lead additives or phos-
as follows: phorus additives with unleaded gaso-
(a)(1) Where the corporate, trade, or line, whether or not such acts are vio-
brand name of a gasoline refiner or any lations of law in the jurisdiction where
of its marketing subsidiaries appears the violation of the requirements of
on the pump stand or is displayed at this part occurred, or
the retail outlet or wholesale pur- (iii) That the violation was caused by
chaser-consumer facility from which the action of a reseller or a retailer

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Environmental Protection Agency 80.24

supplied by such reseller, in violation (c) In any case in which a retailer or


of a contractual undertaking imposed wholesale purchaser-consumer, a re-
by the refiner on such reseller designed seller, and any gasoline refiner would
to prevent such action, and despite rea- be in violation under paragraph (a)(1)
sonable efforts by the refiner (such as of this section, the reseller shall not be
periodic sampling) to insure compli- deemed in violation if he can dem-
ance with such contractual obligation, onstrate that the violation was not
or caused by him or his employee or
(iv) That the violation was caused by agent.
the action of a retailer who is supplied (d) In any case in which a retailer or
directly by the refiner (and not by a re- wholesale purchaser-consumer and any
seller), in violation of a contractual gasoline distributor would be in viola-
undertaking imposed by the refiner on tion under paragraph (a)(2) of this sec-
such retailer designed to prevent such tion, the distributor will not be deemed
action, and despite reasonable efforts in violation if he can demonstrate that
by the refiner (such as periodic sam- the violation was not caused by him or
pling) to insure compliance with such his employee or agent.
contractual obligation, or (e)(1) In any case in which a retailer
(v) That the violation was caused by or his employee or agent or a wholesale
the action of a distributor subject to a purchase-consumer or his employee or
contract with the refiner for transpor- agent introduced gasoline other than
tation of gasoline from a terminal to a unleaded gasoline into a motor vehicle
distributor, retailer or wholesale pur- which is equipped with a gasoline tank
chaser-consumer, in violation of a con- filler inlet designed for the introduc-
tractual undertaking imposed by the tion of unleaded gasoline, only the re-
refiner on such distributor designed to tailer or wholesale purchaser-consumer
prevent such action, and despite rea- shall be deemed in violation.
sonable efforts by the refiner (such as (2) [Reserved]
periodic sampling) to insure compli-
ance with such contractual obligation, (Secs. 211, 301 of the Clean Air Act, as
or amended (42 U.S.C. 1857f6c, 1857g))
(vi) That the violation was caused by [38 FR 1255, Jan. 10, 1973, as amended at 39
a distributor (such as a common car- FR 42360, Dec. 5, 1974; 39 FR 43284, Dec. 12,
rier) not subject to a contract with the 1974; 42 FR 45307, Sept. 9, 1977; 61 FR 3837,
refiner but engaged by him for trans- Feb. 2, 1996]
portation of gasoline from a terminal
to a distributor, retailer or wholesale 80.24 Controls applicable to motor
vehicle manufacturers.
purchaser-consumer, despite reason-
able efforts by the refiner (such as (a) [Reserved]
specification or inspection of equip- (b) The manufacturer of any motor
ment) to prevent such action, or vehicle equipped with an emission con-
(vii) That the violation occurred at a trol device which the Administrator
wholesale purchaser-consumer facility: has determined will be significantly
Provided, however, That if such whole- impaired by the use of gasoline other
sale purchaser-consumer was supplied than unleaded gasoline shall manufac-
by a reseller, the refiner must dem- ture such vehicle with each gasoline
onstrate that the violation could not tank filler inlet having a restriction
have been prevented by such resellers which prevents the insertion of a noz-
compliance with a contractual under- zle with a spout having a terminal end
taking imposed by the refiner on such with an outside diameter of 0.930 inch
reseller as provided in paragraph (2.363 centimeters) or more and allows
(b)(2)(iii) of this section. the insertion of a nozzle with a spout
(viii) In paragraphs (b)(2)(ii) through meeting the specifications of
(vi) hereof, the term was caused 80.22(f)(2).
means that the refiner must dem- [38 FR 26450, Sept. 21, 1973, as amended at 39
onstrate by reasonably specific FR 34538, Sept. 26, 1974; 46 FR 50472, Oct. 13,
showings by direct or circumstantial 1981; 48 FR 29692, June 28, 1983; 51 FR 33731,
evidence that the violation was caused Sept. 22, 1986; 61 FR 3838, Feb. 2, 1996; 61 FR
or must have been caused by another. 8221, Mar. 4, 1996; 61 FR 28766, June 6, 1996]

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80.25 40 CFR Ch. I (7101 Edition)

80.25 [Reserved] sale, dispense, supply, offer for supply,


or transport gasoline whose Reid vapor
80.26 Confidentiality of information. pressure exceeds the applicable stand-
Information obtained by the Admin- ard. As used in this section and 80.28,
istrator or his representatives pursu- applicable standard means the
ant to this part shall be treated, in so standard listed in this paragraph for
far as its confidentiality is concerned, the geographical area and time period
in accordance with the provisions of 40 in which the gasoline is intended to be
CFR part 2. dispensed to motor vehicles or, if such
area and time period cannot be deter-
[38 FR 33741, Dec. 6, 1973] mined, the standard listed in this para-
graph that specifies the lowest Reid
80.27 Controls and prohibitions on vapor pressure for the year in which
gasoline volatility. the gasoline is being sampled. As used
(a)(1) Prohibited activities in 1991. Dur- in this section and 80.28, regulatory
ing the 1991 regulatory control periods, control periods mean June 1 to Sep-
no refiner, importer, distributor, re- tember 15 for retail outlets and whole-
seller, carrier, retailer or wholesale sale purchaser-consumers and May 1 to
purchaser-consumer shall sell, offer for September 15 for all other facilities.
APPLICABLE STANDARDS 1
State May June July Aug. Sept.

Alabama ........................................................................ 10.5 10.5 9.5 9.5 10.5


Arizona:
North of 34 degrees latitude and east of 111 de-
grees longitude ................................................... 9.5 9.0 9.0 9.5 9.5
All areas except North of 34 degrees latitude and
east of 111 degrees longitude ........................... 9.5 9.0 9.0 9.0 9.5
Arkansas ....................................................................... 10.5 10.5 9.5 9.5 10.5
California: 2
North Coast ............................................................... 10.5 9.5 9.5 9.5 9.5
South Coast ............................................................... 9.5 9.5 9.5 9.5 9.5
Southeast ................................................................... 9.5 9.5 9.5 9.5 9.5
Interior ........................................................................ 9.5 9.5 9.5 9.5 9.5
Colorado ........................................................................ 10.5 9.5 9.5 9.5 9.5
Connecticut ................................................................... 10.5 10.5 10.5 10.5 10.5
Delaware ....................................................................... 10.5 10.5 10.5 10.5 10.5
District of Columbia ....................................................... 10.5 10.5 10.5 10.5 10.5
Florida ........................................................................... 10.5 10.5 10.5 10.5 10.5
Georgia .......................................................................... 10.5 10.5 9.5 9.5 10.5
Idaho ............................................................................. 10.5 10.5 10.5 10.5 10.5
Illinois:
North of 40 Latitude ................................................. 10.5 10.5 10.5 10.5 10.5
South of 40 Latitude ................................................. 10.5 10.5 9.5 9.5 10.5
Indiana ........................................................................... 10.5 10.5 10.5 10.5 10.5
Iowa ............................................................................... 10.5 10.5 10.5 10.5 10.5
Kansas .......................................................................... 10.5 10.5 9.5 9.5 10.5
Kentucky ........................................................................ 10.5 10.5 10.5 10.5 10.5
Louisiana ....................................................................... 10.5 10.5 9.5 9.5 10.5
Maine ............................................................................. 10.5 10.5 10.5 10.5 10.5
Maryland ........................................................................ 10.5 10.5 10.5 10.5 10.5
Massachusetts .............................................................. 10.5 10.5 10.5 10.5 10.5
Michigan ........................................................................ 10.5 10.5 10.5 10.5 10.5
Minnesota ...................................................................... 10.5 10.5 10.5 10.5 10.5
Mississippi ..................................................................... 10.5 10.5 9.5 9.5 10.5
Missouri ......................................................................... 10.5 10.5 9.5 9.5 10.5
Montana ........................................................................ 10.5 10.5 10.5 10.5 10.5
Nebraska ....................................................................... 10.5 10.5 10.5 10.5 10.5
Nevada:
North of 38 Latitude ................................................. 10.5 9.5 9.5 9.5 9.5
South of 38 Latitude ................................................. 9.5 9.5 9.5 9.5 9.5
New Hampshire ............................................................. 10.5 10.5 10.5 10.5 10.5
New Jersey ................................................................... 10.5 10.5 10.5 10.5 10.5
New Mexico:
North of 34 Latitude ................................................. 9.5 9.0 9.0 9.5 9.5
South of 34 Latitude ................................................. 9.5 9.0 9.0 9.0 9.5
New York ....................................................................... 10.5 10.5 10.5 10.5 10.5
North Carolina ............................................................... 10.5 10.5 9.5 9.5 10.5
North Dakota ................................................................. 10.5 10.5 10.5 10.5 10.5

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Environmental Protection Agency 80.27

APPLICABLE STANDARDS 1Continued


State May June July Aug. Sept.

Ohio ............................................................................... 10.5 10.5 10.5 10.5 10.5


Oklahoma ...................................................................... 10.5 9.5 9.5 9.5 9.5
Oregon:
East of 122 Longitude .............................................. 10.5 10.5 10.5 10.5 10.5
West of 122 Longitude ............................................. 10.5 10.5 10.5 10.5 10.5
Pennsylvania ................................................................. 10.5 10.5 10.5 10.5 10.5
Rhode Island ................................................................. 10.5 10.5 10.5 10.5 10.5
South Carolina .............................................................. 10.5 10.5 9.5 9.5 10.5
South Dakota ................................................................ 10.5 10.5 10.5 10.5 10.5
Tennessee ..................................................................... 10.5 10.5 9.5 9.5 10.5
Texas:
East of 99 Longitude ................................................ 9.5 9.0 9.0 9.0 9.5
West of 99 Longitude ............................................... 9.5 9.0 9.0 9.0 9.5
Utah ............................................................................... 10.5 9.5 9.5 9.5 9.5
Vermont ......................................................................... 10.5 10.5 10.5 10.5 10.5
Virginia .......................................................................... 10.5 10.5 10.5 10.5 10.5
Washington:
East of 122 Longitude .............................................. 10.5 10.5 10.5 10.5 10.5
West of 122 Longitude ............................................. 10.5 10.5 10.5 10.5 10.5
West Virginia ................................................................. 10.5 10.5 10.5 10.5 10.5
Wisconsin ...................................................................... 10.5 10.5 10.5 10.5 10.5
Wyoming ....................................................................... 10.5 10.5 10.5 10.5 10.5
1 Standards are expressed in pounds per square inch (psi).
2 California
areas include the following counties:
North CoastAlameda, Contra Costa, Del Norte, Humbolt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Fran-
cisco, San Mateo, Santa Clara, Santa Cruz, Solano, Sonoma, and Trinity.
InteriorLassen, 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 CoastOrange, 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).
SoutheastImperial, 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 be- dispensed to motor vehicles for any
yond. During the 1992 and later high designated volatility nonattainment
ozone seasons no person, including area within such State or, if such area
without limitation, no retailer or and time period cannot be determined,
wholesale purchaser-consumer, and the standard listed in this paragraph
during the 1992 and later regulatory that specifies the lowest Reid vapor
control periods, no refiner, importer, pressure for the year in which the gaso-
distributor, reseller, or carrier shall line is sampled. Designated volatility
sell, offer for sale, dispense, supply, attainment and designated volatility
offer for supply, transport or introduce nonattainment areas and their exact
into commerce gasoline whose Reid boundaries are described in 40 CFR part
vapor pressure exceeds the applicable 81, or such part as shall later be des-
standard. As used in this section and ignated for that purpose. As used in
80.28, applicable standard means: this section and 80.27, high ozone
(i) 9.0 psi for all designated volatility season means the period from June 1
attainment areas; and to September 15 of any calendar year
(ii) The standard listed in this para- and regulatory control period means
graph for the state and time period in the period from May 1 to September 15
which the gasoline is intended to be of any calendar year.
APPLICABLE STANDARDS 1 1992 AND SUBSEQUENT YEARS
State May June July August September

Alabama ........................................................................ 9.0 7.8 7.8 7.8 7.8


Arizona .......................................................................... 9.0 7.8 7.8 7.8 7.8
Arkansas ....................................................................... 9.0 7.8 7.8 7.8 7.8
California ....................................................................... 9.0 7.8 7.8 7.8 7.8
Colorado 2 ...................................................................... 9.0 7.8 7.8 7.8 7.8
Connecticut ................................................................... 9.0 9.0 9.0 9.0 9.0
Delaware ....................................................................... 9.0 9.0 9.0 9.0 9.0

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80.27 40 CFR Ch. I (7101 Edition)

APPLICABLE STANDARDS 1 1992 AND SUBSEQUENT YEARSContinued


State May June July August September

District of Columbia ....................................................... 9.0 7.8 7.8 7.8 7.8


Florida ........................................................................... 9.0 7.8 7.8 7.8 7.8
Georgia .......................................................................... 9.0 7.8 7.8 7.8 7.8
Idaho ............................................................................. 9.0 9.0 9.0 9.0 9.0
Illinois ............................................................................ 9.0 9.0 9.0 9.0 9.0
Indiana ........................................................................... 9.0 9.0 9.0 9.0 9.0
Iowa ............................................................................... 9.0 9.0 9.0 9.0 9.0
Kansas .......................................................................... 9.0 7.8 7.8 7.8 7.8
Kentucky ........................................................................ 9.0 9.0 9.0 9.0 9.0
Louisiana ....................................................................... 9.0 7.8 7.8 7.8 7.8
Maine ............................................................................. 9.0 9.0 9.0 9.0 9.0
Maryland ........................................................................ 9.0 7.8 7.8 7.8 7.8
Massachusetts .............................................................. 9.0 9.0 9.0 9.0 9.0
Michigan ........................................................................ 9.0 9.0 9.0 9.0 9.0
Minnesota ...................................................................... 9.0 9.0 9.0 9.0 9.0
Mississippi ..................................................................... 9.0 7.8 7.8 7.8 7.8
Missouri ......................................................................... 9.0 7.8 7.8 7.8 7.8
Montana ........................................................................ 9.0 9.0 9.0 9.0 9.0
Nebraska ....................................................................... 9.0 9.0 9.0 9.0 9.0
Nevada .......................................................................... 9.0 7.8 7.8 7.8 7.8
New Hampshire ............................................................. 9.0 9.0 9.0 9.0 9.0
New Jersey ................................................................... 9.0 9.0 9.0 9.0 9.0
New Mexico ................................................................... 9.0 7.8 7.8 7.8 7.8
New York ....................................................................... 9.0 9.0 9.0 9.0 9.0
North Carolina ............................................................... 9.0 7.8 7.8 7.8 7.8
North Dakota ................................................................. 9.0 9.0 9.0 9.0 9.0
Ohio ............................................................................... 9.0 9.0 9.0 9.0 9.0
Oklahoma ...................................................................... 9.0 7.8 7.8 7.8 7.8
Oregon .......................................................................... 9.0 7.8 7.8 7.8 7.8
Pennsylvania ................................................................. 9.0 9.0 9.0 9.0 9.0
Rhode Island ................................................................. 9.0 9.0 9.0 9.0 9.0
South Carolina 3 ............................................................ 9.0 9.0 9.0 9.0 9.0
South Dakota ................................................................ 9.0 9.0 9.0 9.0 9.0
Tennessee:.
Knox County .............................................................. 9.0 9.0 9.0 9.0 9.0
All other volatility nonattainment areas ..................... 9.0 7.8 7.8 7.8 7.8
Texas ............................................................................. 9.0 7.8 7.8 7.8 7.8
Utah ............................................................................... 9.0 7.8 7.8 7.8 7.8
Vermont ......................................................................... 9.0 9.0 9.0 9.0 9.0
Virginia .......................................................................... 9.0 7.8 7.8 7.8 7.8
Washington ................................................................... 9.0 9.0 9.0 9.0 9.0
West Virginia ................................................................. 9.0 9.0 9.0 9.0 9.0
Wisconsin ...................................................................... 9.0 9.0 9.0 9.0 9.0
Wyoming ....................................................................... 9.0 9.0 9.0 9.0 9.0
1 Standards are expressed in pounds per square inch (psi).
2 The standard for 1992 through 2001 in the Denver-Boulder area designated nonattainment for the 1-hour ozone NAAQS in
1991 (see 40 CFR 81.306) will be 9.0 for June 1 through September 15.
3 The standard for nonattainment areas in South Carolina from June 1 until September 15 in 1992 and 1993 was 7.8 psi.

(b) Determination of compliance. Com- the singular in 80.28, these terms shall
pliance with the standards listed in include the plural.
paragraph (a) of this section shall be (d) Special provisions for alcohol blends.
determined by use of one of the sam- (1) Any gasoline which meets the re-
pling methodologies as specified in ap- quirements of paragraph (d)(2) of this
pendix D of this part and the testing section shall not be in violation of this
methodology specified in appendix E of section if its Reid vapor pressure does
this part. not exceed the applicable standard in
(c) Liability. Liability for violations paragraph (a) of this section by more
of paragraph (a) of this section shall be than one pound per square inch (1.0
determined according to the provisions psi).
of 80.28. Where the terms refiner, im- (2) In order to qualify for the special
porter, distributor, reseller, carrier, regulatory treatment specified in para-
ethanol blender, retailer, or wholesale graph (d)(1) of this section, gasoline
purchaser-consumer are expressed in must contain denatured, anhydrous

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Environmental Protection Agency 80.27

ethanol. The concentration of the eth- must include a concise statement of


anol, excluding the required denaturing the purpose(s) of the testing program.
agent, must be at least 9% and no more (4) With respect to the necessity that
than 10% (by volume) of the gasoline. an exemption be granted, the applicant
The ethanol content of the gasoline must demonstrate an inability to
shall be determined by use of one of the achieve the stated purpose in a prac-
testing methodologies specified in ap- ticable manner, during a period of the
pendix F to this part. The maximum year in which the volatility regula-
ethanol content of gasoline shall not tions do not apply, or without per-
exceed any applicable waiver condi- forming or causing to be performed one
tions under section 211(f)(4) of the or more of the prohibited activities
Clean Air Act.
under 80.27(a). If any site of the pro-
(3) Each invoice, loading ticket, bill
posed test program is located in an
of lading, delivery ticket and other
area that has been classified by the Ad-
document which accompanies a ship-
ment of gasoline containing ethanol ministrator as a nonattainment area
shall contain a legible and conspicuous for purposes of the ozone national am-
statement that the gasoline being bient air quality standard, the applica-
shipped contains ethanol and the per- tion must also demonstrate an inabil-
centage concentration of ethanol. ity to perform the test program in an
(e) Testing exemptions. (1)(i) Any per- area that is not so classified.
son may request a testing exemption (5) With respect to reasonableness, a
by submitting an application that in- test program must exhibit a duration
cludes all the information listed in of reasonable length, effect a reason-
paragraphs (e)(3), (4), (5) and (6) of this able number of vehicles or engines, and
section to: utilize a reasonable amount of high
Director (6406J), Field Operations and Sup-
volatility fuel. In this regard, the test-
port Division, U.S. Environmental Protec- ing exemption application must in-
tion Agency, 1200 Pennsylvania Ave., NW., clude:
Washington, DC 20460 (i) An estimate of the programs du-
(ii) For purposes of this section, ration;
testing exemption means an exemp- (ii) An estimate of the maximum
tion from the requirements of 80.27(a) number of vehicles or engines involved
that is granted by the Administrator in the test program;
for the purpose of research or emis- (iii) The time or mileage duration of
sions certification. the test program;
(2)(i) In order for a testing exemption (iv) The range of volatility of the fuel
to be granted, the applicant must dem- (expressed in Reid Vapor Pressure
onstrate the following: (RVP)) expected to be used in the test
(A) The proposed test program has a program; and
purpose that constitutes an appro- (v) The quantity of fuel which ex-
priate basis for exemption; ceeds the applicable standard that is
(B) The proposed test program neces- expected to be used in the test pro-
sitates the granting of an exemption; gram.
(C) The proposed test program exhib- (6) With respect to control, a test
its reasonableness in scope; and
program must be capable of affording
(D) The proposed test program exhib-
EPA a monitoring capability. At a
its a degree of control consistent with
minimum, the testing exemption appli-
the purpose of the program and the En-
cation must also include:
vironmental Protection Agencys
(EPAs) monitoring requirements. (i) The technical nature of the test
(ii) Paragraphs (e)(3), (4), (5) and (6) program;
of this section describe what con- (ii) The site(s) of the test program
stitutes a sufficient demonstration for (including the street address, city,
each of the four elements in paragraphs county, State, and zip code);
(e)(2)(i) (A) through (D) of this section. (iii) The manner in which informa-
(3) An appropriate purpose is limited tion on vehicles and engines used in
to research or emissions certification. the test program will be recorded and
The testing exemption application made available to the Administrator;

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80.28 40 CFR Ch. I (7101 Edition)

(iv) The manner in which results of this section have been met. The testing
the test program will be recorded and exemption will be granted in the form
made available to the Administrator; of a memorandum of exemption signed
(v) The manner in which information by the applicant and the Administrator
on the fuel used in the test program (or his delegate), which shall include
(including RVP level(s), name, address, such terms and conditions as the Ad-
telephone number, and contact person ministrator determines necessary to
of supplier, quantity, date received monitor the exemption and to carry
from the supplier) will be recorded and out the purposes of this section. Any
made available to the Administrator; violation of such a term or condition
(vi) The manner in which the dis- shall cause the exemption to be void.
tribution pumps will be labeled to in- [54 FR 11883, Mar. 22, 1989; 54 FR 27017, June
sure proper use of the test fuel; 27, 1989, as amended at 54 FR 33219, Aug. 14,
(vii) The name, address, telephone 1989; 55 FR 32666, June 11, 1990; 56 FR 20548,
number and title of the person(s) in the May 6, 1991; 56 FR 37022, Aug. 2, 1991; 56 FR
organization requesting a testing ex- 64710, Dec. 12, 1991; 57 FR 20205, May 12, 1992;
emption from whom further informa- 58 FR 34370, June 25, 1993; 58 FR 14484, Mar.
tion on the request may be obtained; 17, 1993; 58 FR 26069, Apr. 30, 1993; 58 FR 46511,
and Sept. 1, 1993; 59 FR 15629, 15633, Apr. 4, 1994;
61 FR 16396, Apr. 15, 1996; 63 FR 31631, June 10,
(viii) The name, address, telephone
1998]
number and title of the person(s) in the
organization requesting a testing ex- EFFECTIVE DATE NOTE: At 66 FR 28812, May
emption who will be responsible for re- 24, 2001, 80.27 was amended in the table in
paragraph (a)(2) by revising the entry for
cording and making available to the
Colorado and footnote 2, effective July 23,
Administrator the information speci- 2001. For the convenience of the user, the su-
fied in paragraphs (e)(6)(iii), (iv), and perseded text is set forth as follows.
(v) of this section, and the location in
which such information will be main- 80.27 Controls and prohibitions on gaso-
line volatility.
tained.
(7) A testing exemption will be grant-
ed by the Administrator upon a dem- * * * * *
onstration that the requirements of (a) * * *
paragraphs (e)(2), (3), (4), (5) and (6) of (2) * * *
APPLICABLE STANDARDS 1 1992 AND SUBSEQUENT YEARS
State May June July August September

Colorado 2 ................................................................................ 9.0 7.8 7.8 7.8 7.8


1 Standardsare expressed in pounds per square inch (psi).
2 The standard for 1992 through 2000 in the Denver-Boulder area designated nonattainment for the 1-hour ozone NAAQS in
1991 (see 40 CFR 81.306) will be 9.0 for June 1 through September 15.

80.28 Liability for violations of gaso- lowing parties shall be deemed in viola-
line volatility controls and prohibi- tion:
tions. (1) The carrier, except as provided in
(a) Violations at refineries or importer paragraph (g)(1) of this section;
(2) The refiner (if he is not an ethanol
facilities. Where a violation of the ap-
blender) at whose refinery the gasoline
plicable standard set forth in 80.27 is
was produced or the importer at whose
detected at a refinery that is not an import facility the gasoline was im-
ethanol blending plant or at an import- ported, except as provided in paragraph
ers facility, the refiner or importer (g)(2) of this section;
shall be deemed in violation. (3) The ethanol blender (if any) at
(b) Violations at carrier facilities. whose ethanol blending plant the gaso-
Where a violation of the applicable line was produced, except as provided
standard set forth in 80.27 is detected in paragraph (g)(6) of this section; and
at a carriers facility, whether in a (4) The distributor and/or reseller, ex-
transport vehicle, in a storage facility, cept as provided in paragraph (g)(3) of
or elsewhere at the facility, the fol- this section.

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Environmental Protection Agency 80.28

(c) Violations at branded distributor fa- at a retail outlet or at a wholesale pur-


cilities, reseller facilities, or ethanol chaser-consumer facility displaying
blending plants. Where a violation of the corporate, trade, or brand name of
the applicable standard set forth in a gasoline refiner or any of its mar-
80.27 is detected at a distributor facil- keting subsidiaries, the following par-
ity, a reseller facility, or an ethanol ties shall be deemed in violation:
blending plant which is operating (1) The retailer or wholesale pur-
under the corporate, trade, or brand chaser-consumer, except as provided in
name of a gasoline refiner or any of its paragraph (g)(5) or (g)(8) of this sec-
marketing subsidiaries, the following tion;
parties shall be deemed in violation: (2) The distributor and/or reseller (if
(1) The distributor or reseller, except any), except as provided in paragraph
as provided in paragraph (g)(3) or (g)(8) (g)(3) or (g)(8) of this section;
of this section; (3) The carrier (if any), if the carrier
(2) The carrier (if any), if the carrier caused the gasoline to violate the ap-
caused the gasoline to violate the ap- plicable standard;
plicable standard; (4) The refiner whose corporate,
(3) The refiner under whose cor- trade, or brand name (or that of any of
porate, trade, or brand name (or that of its marketing subsidiaries) is displayed
any of its marketing subsidiaries) the at the retail outlet or wholesale pur-
distributor, reseller, or ethanol blender chaser-consumer facility, except as
is operating, except as provided in provided in paragraph (g)(4) of this sec-
paragraph (g)(4) of this section; and tion; and
(4) The ethanol blender (if any) at
(5) The ethanol blender (if any) at
whose ethanol blending plant the gaso-
whose ethanol blending plant the gaso-
line was produced, except as provided
line was produced, except as provided
in paragraph (g)(6) or (g)(8) of this sec-
in paragraph (g)(6) or (g)(8) of this sec-
tion.
tion.
(d) Violations at unbranded distributor
(f) Violations at unbranded retail out-
facilities or ethanol blending plants.
lets or wholesale purchaser-consumer fa-
Where a violation of the applicable
cilities. Where a violation of the appli-
standard set forth in 80.27 is detected
cable standard set forth in 80.27 is de-
at a distributor facility or an ethanol
tected at a retail outlet or at a whole-
blending plant not operating under a
sale purchaser-consumer facility not
refiners corporate, trade, or brand
displaying the corporate, trade, or
name, or that of any of its marketing
brand name of a refiner or any of its
subsidiaries, the following parties shall
marketing subsidiaries, the following
be deemcd in violation:
parties shall be deemed in violation:
(1) The distributor, except as pro-
vided in paragraph (g)(3) or (g)(8) of (1) The retailer or wholesale pur-
this section; chaser-consumer, except as provided in
(2) The carrier (if any), if the carrier paragraph (g)(5) or (g)(8) of this sec-
caused the gasoline to violate the ap- tion;
plicable standard; (2) The distributor (if any), except as
(3) The refiner (if he is not an ethanol provided in paragraph (g)(3) or (g)(8) of
blender) at whose refinery the gasoline this section;
was produced or the importer at whose (3) The carrier (if any), if the carrier
import facility the gasoline was im- caused the gasoline to violate the ap-
ported, except as provided in paragraph plicable standard;
(g)(2) of this section; and (4) The ethanol blender (if any) at
(4) The ethanol blender (if any) at whose ethanol blending plant the gaso-
whose ethanol blending plant the gaso- line was produced, except as provided
line was produced, except as provided in paragraph (g)(6) of this section; and
in paragraph (g)(6) or (g)(8) of this sec- (5) The refiner (if he is not an ethanol
tion. blender) at whose refinery the gasoline
(e) Violations at branded retail outlets was produced and/or the importer at
or wholesale purchaser-consumer facili- whose import facility the gasoline was
ties. Where a violation of the applicable imported, except as provided in para-
standard set forth in 80.27 is detected graph (g)(2) of this section.

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80.28 40 CFR Ch. I (7101 Edition)

(g) Defenses. (1) In any case in which (ii) Evidence of an oversight program
a carrier would be in violation under conducted by the distributor or re-
paragraph (b)(1) of this section, the seller, such as periodic sampling and
carrier shall not be deemed in violation testing of gasoline, for monitoring the
if he can demonstrate: volatility of gasoline that the dis-
(i) That the violation was not caused tributor or reseller sells, supplies, of-
by him or his employee or agent; and fers for sale or supply, or transports.
(ii) Evidence of an oversight program (4) In any case in which a refiner
conducted by the carrier, such as peri- would be in violation under paragraphs
odic sampling and testing of incoming (c)(3) or (e)(4) of this section, the re-
gasoline, for monitoring the volatility finer shall not be deemed in violation if
of gasoline stored or transported by he can demonstrate all of the fol-
that carrier. lowing:
(iii) An oversight program under (i) Test results using the sampling
paragraph (g)(1)(ii) of this section need and testing methodologies set forth in
not include periodic sampling and test- appendices D and E of this part, or any
ing of gasoline in a tank truck oper- other test method where adequate cor-
ated by a common carrier, but in lieu relation to Method 3 of appendix E of
of such tank truck sampling and test- this part is demonstrated, which show
ing, the common carrier shall dem- evidence that the gasoline determined
onstrate evidence of an oversight pro- to be in violation was in compliance
gram for monitoring compliance with with the applicable standard when
the volatility requirements of 80.27 re- transported from the refinery.
lating to the transport or storage of (ii) That the violation was not caused
gasoline by tank truck, such as appro- by him or his employee or agent; and
priate guidance to drivers on compli- (iii) That the violation:
ance with applicable requirements and (A) Was caused by an act in violation
the periodic review of records normally of law (other than the Act or this part),
received in the ordinary course of busi- or an act of sabotage or vandalism,
ness concerning gasoline quality and whether or not such acts are violations
delivery. of law in the jurisdiction where the
(2) In any case in which a refiner or violation of the requirements of this
importer would be in violation under part occurred, or
paragraphs (b)(2), (d)(3), or (f)(5) of this (B) Was caused by the action of a re-
section, the refiner or importer shall seller, an ethanol blender, or a retailer
not be deemed in violation if he can supplied by such reseller or ethanol
demonstrate: blender, in violation of a contractual
(i) That the violation was not caused undertaking imposed by the refiner on
by him or his employee or agent; and such reseller or ethanol blender de-
(ii) Test results using the sampling signed to prevent such action, and de-
and testing methodologies set forth in spite reasonable efforts by the refiner
appendices D and E of this part, or any (such as periodic sampling and testing)
other test method where adequate cor- to insure compliance with such con-
relation to Method 3 of appendix E of tractual obligation, or
this part is demonstrated, which show (C) Was caused by the action of a re-
evidence that the gasoline determined tailer who is supplied directly by the
to be in violation was in compliance refiner (and not by a reseller), in viola-
with the applicable standard when it tion of a contractual undertaking im-
was delivered to the next party in the posed by the refiner on such retailer
distribution system. designed to prevent such action, and
(3) In any case in which a distributor despite reasonable efforts by the re-
or reseller would be in violation under finer (such as periodic sampling and
paragraph (b)(4), (c)(1), (d)(1), (e)(2), or testing) to insure compliance with such
(f)(2) of this section, the distributor or contractual obligation, or
reseller shall not be deemed in viola- (D) Was caused by the action of a dis-
tion if he can demonstrate: tributor or an ethanol blender subject
(i) That the violation was not caused to a contract with the refiner for trans-
by him or his employee or agent; and portation of gasoline from a terminal

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Environmental Protection Agency 80.28

to a distributor, ethanol blender, re- as periodic sampling and testing of gas-


tailer or wholesale purchaser-consum- oline, for monitoring the volatility of
er, in violation of a contractual under- gasoline that the ethanol blender sells,
taking imposed by the refiner on such supplies, offers for sale or supply or
distributor or ethanol blender designed transports; and
to prevent such action, and despite rea- (iii) That the gasoline determined to
sonable efforts by the refiner (such as be in violation contained no more than
periodic sampling and testing) to in- 10% ethanol (by volume) when it was
sure compliance with such contractual delivered to the next party in the dis-
obligation, or tribution system.
(E) Was caused by a carrier or other (7) In paragraphs (g)(1)(i), (g)(2)(i),
distributor not subject to a contract (g)(3)(i), (g)(4)(ii), (g)(5), and (g)(6)(i) of
with the refiner but engaged by him for this section, the respective party must
transportation of gasoline from a ter- demonstrate by reasonably specific
minal to a distributor, ethanol blender, showings, by direct or circumstantial
retailer or wholesale purchaser-con- evidence, that it or its employee or
sumer, despite reasonable efforts by agent did not cause the violation.
the refiner (such as specification or in- (8) In addition to the defenses pro-
spection of equipment) to prevent such vided in paragraphs (g)(1) through (g)(6)
action, or of this section, in any case in which an
(F) Occurred at a wholesale pur- ethanol blender, distributor, reseller,
chaser-consumer facility: Provided, carrier, retailer, or wholesale pur-
however, That if such wholesale pur- chaser-consumer would be in violation
chaser-consumer was supplied by a re- under paragraphs (b), (c), (d), (e) or (f),
seller or ethanol blender, the refiner of this section, as a result of gasoline
must demonstrate that the violation which contains between 9 and 10 per-
could not have been prevented by such cent ethanol (by volume) but exceeds
resellers or ethanol blenders compli- the applicable standard by more than
ance with a contractual undertaking one pound per square inch (1.0 psi), the
imposed by the refiner on such reseller ethanol blender, distributor, reseller,
or ethanol blender as provided in para- carrier, retailer or wholesale pur-
graph (g)(4)(iii)(B) of this section. chaser-consumer shall not be deemed
(iv) In paragraphs (g)(4)(iii)(A) in violation if such person can dem-
through (E) of this section, the term onstrate, by showing receipt of a cer-
was caused means that the refiner tification from the facility from which
must demonstrate by reasonably spe- the gasoline was received or other evi-
cific showings, by direct or circumstan- dence acceptable to the Administrator,
tial evidence, that the violation was that:
caused or must have been caused by an- (i) The gasoline portion of the blend
other. complies with the Reid vapor pressure
(5) In any case in which a retailer or limitations of 80.27(a); and
wholesale purchaser-consumer would (ii) The ethanol portion of the blend
be in violation under paragraphs (e)(1) does not exceed 10 percent (by volume);
or (f)(1) of this section, the retailer or and
wholesale purchaser-consumer shall (iii) No additional alcohol or other
not be deemed in violation if he can additive has been added to increase the
demonstrate that the violation was not Reid vapor pressure of the ethanol por-
caused by him or his employee or tion of the blend.
agent. In the case of a violation alleged
(6) In any case in which an ethanol against an ethanol blender, distributor,
blender would be in violation under reseller, or carrier, if the demonstra-
paragraphs (b)(3), (c)(4), (d)(4), (e)(5) or tion required by paragraphs (g)(8)(i),
(f)(4) of this section, the ethanol blend- (ii), and (iii) of this section is made by
er shall not be deemed in violation if a certification, it must be supported by
he can demonstrate: evidence that the criteria in para-
(i) That the violation was not caused graphs (g)(8)(i), (ii), and (iii) of this sec-
by him or his employee or agent; and tion have been met, such as an over-
(ii) Evidence of an oversight program sight program conducted by or on be-
conducted by the ethanol blender, such half of the ethanol blender, distributor,

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80.29 40 CFR Ch. I (7101 Edition)

reseller or carrier alleged to be in vio- visible evidence of being dyed with dye
lation, which includes periodic sam- solvent red 164 (which has a char-
pling and testing of the gasoline or acteristic red color in diesel fuel) shall
monitoring the volatility and ethanol be considered to be available for use in
content of the gasoline. Such certifi- diesel motor vehicles and motor vehi-
cation shall be deemed sufficient evi- cle engines, and shall be subject to the
dence of compliance provided it is not prohibitions of paragraph (a) of this
contradicted by specific evidence, such section.
as testing results, and provided that (2) Compliance with the sulfur, ce-
the party has no other reasonable basis tane, and aromatics standards in para-
to believe that the facts stated in the graph (a) of this section shall be deter-
certification are inaccurate. In the mined based on the level of the applica-
case of a violation alleged against a re- ble component or parameter, using the
tail outlet or wholesale purchaser-con- sampling methodologies specified in
sumer facility, such certification shall 80.330(b), as applicable, and the appro-
be deemed an adequate defense for the priate testing methodologies specified
retailer or wholesale purchaser-con- in 80.580(a) for sulfur, 80.2(w) for ce-
sumer, provided that the retailer or tane index, and 80.2(z) for aromatic
wholesale purchaser-consumer is able content. Any evidence or information,
to show certificates for all of the gaso- including the exclusive use of such evi-
line contained in the storage tank dence or information, may be used to
found in violation, and, provided that establish the level of the applicable
the retailer or wholesale purchaser- component or parameter in the diesel
consumer has no reasonable basis to fuel, if the evidence or information is
believe that the facts stated in the cer- relevant to whether that level would
tifications are inaccurate. have been in compliance with the
[54 FR 11885, Mar. 22, 1989; 54 FR 27017, June standard if the appropriate sampling
27, 1989, as amended at 56 FR 64711, Dec. 12, and testing methodology had been cor-
1991; 58 FR 14484, Mar. 17, 1993; 62 FR 68205, rectly performed. Such evidence may
Dec. 31, 1997] be obtained from any source or loca-
tion and may include, but is not lim-
80.29 Controls and prohibitions on ited to, test results using methods
diesel fuel quality. other than the compliance methods in
(a) Prohibited activities. Beginning Oc- this paragraph (b), business records,
tober 1, 1993 and continuing until the and commercial documents.
implementation dates for subpart I of (3) Determination of compliance with
part 80 as specified in 80.500, except as the requirements of this section other
provided in 40 CFR 69.51, no person, in- than the standards described in para-
cluding but not limited to, refiners, im- graph (a) of this section, and deter-
porters, distributors, resellers, car- mination of liability for any violation
riers, retailers or wholesale purchaser- of this section, may be based on infor-
consumers, shall manufacture, intro- mation obtained from any source or lo-
duce into commerce, sell, offer for sale, cation. Such information may include,
supply, store, dispense, offer for supply but is not limited to, business records
or transport any diesel fuel for use in and commercial documents.
motor vehicles, unless the diesel fuel: (c) Transfer documents. (1) Any person
(1) Has a sulfur percentage, by that transfers custody or title of diesel
weight, no greater than 0.05 percent; fuel for use in motor vehicles which
(2)(i) Has a cetane index of at least contains visible evidence of the dye
40; or solvent red 164 shall provide documents
(ii) Has a maximum aromatic con- to the transferee which state that such
tent of 35 volume percent; and fuel meets the applicable standards for
(3) Is free of visible evidence of the sulfur and cetane index or aromatic
dye solvent red 164; unless it is used in content under these regulations and is
a manner that is tax-exempt as defined only for tax-exempt use in diesel motor
under section 4082 of the Internal Rev- vehicles as defined under section 4082 of
enue Code (26 U.S.C. 4082). the Internal Revenue Code.
(b) Determination of compliance. (1) (2) Any person that is the transferor
Any diesel fuel which does not show or the transferee of diesel fuel for use

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Environmental Protection Agency 80.30

in motor vehicles which contains visi- (1) The distributor or reseller, except
ble evidence of the dye solvent red 164, as provided in paragraph (g)(3) of this
shall retain the documents required section;
under paragraph (c)(1) of this section (2) The carrier (if any), if the carrier
for a period of five years from the date caused the diesel fuel to violate the
of transfer of such fuel and shall pro- standard by fuel switching, blending,
vide such documents to the Adminis- mislabeling, or any other means; and
trator or the Administrators rep- (3) The refiner under whose cor-
resentative upon request. porate, trade, or brand name (or that of
(d) Liability. Liability for violations any of its marketing subsidiaries) the
of paragraph (a)(1) of this section shall distributor or reseller is operating, ex-
be determined according to the provi- cept as provided in paragraph (g)(4) of
sions of 80.30. Any person that vio- this section.
lates paragraph (a)(2) or (c) of this sec- (d) Violations at unbranded distributor
tion shall be liable for penalties in ac- facilities. Where a violation of a diesel
cordance with paragraph (e) of this sec- fuel standard set forth in 80.29 is de-
tion. tected at the facility of a distributor
(e) Penalties. Penalties for violations not operating under a refiners cor-
of paragraph (a) or (c) of this section porate, trade, or brand name, or that of
shall be determined according to the any of its marketing subsidiaries, the
provisions of 80.5. following shall be deemed in violation:
(1) The distributor, except as pro-
[59 FR 35858, July 14, 1994, as amended at 63 vided in paragraph (g)(3) of this sec-
FR 49465, Sept. 16, 1998; 66 FR 5135, Jan. 18, tion;
2001]
(2) The carrier (if any), if the carrier
80.30 Liability for violations of diesel caused the diesel fuel to violate the
fuel control and prohibitions. standard by fuel switching, blending,
mislabeling, or any other means; and
(a) Violations at refiners or importers (3) The refiner or importer at whose
facilities. Where a violation of a diesel refinery or import facility the diesel
fuel standard set forth in 80.29 is de- fuel was produced or imported, except
tected at a refinery or importers facil- as provided in paragraph (g)(2) of this
ity, the refiner or importer shall be section.
deemed in violation. (e) Violations at branded retail outlets
(b) Violations at carrier facilities. or wholesale purchaser-consumer facili-
Where a violation of a diesel fuel ties. Where a violation of a diesel fuel
standard set forth in 80.29 is detected standard set forth in 80.29 is detected
at a carriers facility, whether in a at a retail outlet or at a wholesale pur-
transport vehicle, in a storage facility, chaser-consumer facility displaying
or elsewhere at the facility, the fol- the corporate, trade, or brand name of
lowing parties shall be deemed in viola- a refiner or any of its marketing sub-
tion: sidiaries, the following parties shall be
(1) The carrier, except as provided in deemed in violation:
paragraph (g)(1) of this section; and (1) The retailer or wholesale pur-
(2) The refiner or importer at whose chaser-consumer, except as provided in
refinery or import facility the diesel paragraph (g)(5) of this section;
fuel was produced or imported, except (2) The distributor and/or reseller (if
as provided in paragraph (g)(2) of this any), except as provided in paragraph
section. (g)(3) of this section;
(c) Violations at branded distributor or (3) The carrier (if any), if the carrier
reseller facilities. Where a violation of a caused the diesel fuel to violate the
diesel fuel standard set forth in 80.29 standard by fuel switching, blending,
is detected at a distributor or resellers mislabeling, or any other means; and
facility which is operating under the (4) The refiner whose corporate,
corporate, trade or brand name of a re- trade, or brand name, or that of any of
finer or any of its marketing subsidi- its marketing subsidiaries, is displayed
aries, the following parties shall be at the retail outlet or wholesale pur-
deemed in violation: chaser-consumer facility, except as

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80.30 40 CFR Ch. I (7101 Edition)

provided in paragraph (g)(4) of this sec- (2) In any case in which a refiner or
tion. importer would be in violation under
(f) Violations at unbranded retail out- paragraphs (b)(2), (d)(3), or (f)(4) of this
lets or wholesale purchaser-consumer fa- section, the refiner or importer shall
cilities. Where a violation of a diesel not be deemed in violation if he can
fuel standard set forth in 80.29 is de- demonstrate:
tected at a retail outlet or at a whole- (i) That the violation was not caused
sale purchaser-consumer facility not by him or his employee or agent; and
displaying the corporate, trade, or (ii) Test results, performed in accord-
brand name of a refiner or any of its ance with the applicable sampling and
marketing subsidiaries, the following testing methodologies set forth in
parties shall be deemed in violation: 80.2(w), 80.2(z), 80.2(bb), and 80.580,
(1) The retailer or wholesale pur- which evidence that the diesel fuel de-
chaser-consumer, except as provided in termined to be in violation was in com-
paragraph (g)(5) of this section; pliance with the diesel fuel standards
(2) The distributor (if any), except as of 80.29(a) when it was delivered to the
provided in paragraph (g)(3) of this sec- next party in the distribution system;
tion; (3) In any case in which a distributor
(3) The carrier (if any), if the carrier or reseller would be in violation under
caused the diesel fuel to violate the paragraphs (c)(1), (d)(1), (e)(2) or (f)(2)
standard by fuel switching, blending, of this section, the distributor or re-
mislabeling, or any other means; and seller shall not be deemed in violation
(4) The refiner or importer at whose if he can demonstrate:
refinery or import facility the diesel (i) That the violation was not caused
fuel was produced or imported, except by him or his employee or agent; and
as provided in paragraph (g)(2) of this (ii) Evidence of an oversight program
section. conducted by the distributor or re-
(g) Defenses. (1) In any case in which seller, such as periodic sampling and
a carrier would be in violation under testing of diesel fuel, for monitoring
paragraph (b)(1) of this section, the the sulfur percentage and cetane index
carrier shall not be deemed in violation of the diesel fuel that the distributor
if he can demonstrate: or reseller sells, supplies, offers for sale
(i) Evidence of an oversight program or supply, or transports.
conducted by the carrier, for moni- (4) In any case in which a refiner
toring the diesel fuel stored or trans- would be in violation under paragraphs
ported by that carrier, such as periodic (c)(3) or (e)(4) of this section, the re-
sampling and testing of the cetane finer shall not be deemed in violation if
index and sulfur percentage of incom- he can demonstrate all of the fol-
ing diesel fuel. Such an oversight pro- lowing:
gram need not include periodic sam- (i) Test results, performed in accord-
pling and testing of diesel fuel in a ance with the applicable sampling and
tank truck operated by a common car- testing methodologies set forth in
rier, but in lieu of such tank truck 80.2(w), 80.2(z), 80.2(bb), and 80.580,
sampling and testing the common car- which evidence that the diesel fuel de-
rier shall demonstrate evidence of an termined to be in violation was in com-
oversight program for monitoring com- pliance with the diesel fuel standards
pliance with the diesel fuel require- of 80.29(a) when it was delivered to the
ments of 80.29 relating to the trans- next party in the distribution system;
port or storage of diesel fuel by tank (ii) That the violation was not caused
truck, such as appropriate guidance to by him or his employee or agent; and
drivers on compliance with applicable (iii) That the violation:
requirements and the periodic review (A) Was caused by an act in violation
of records normally received in the or- of law (other than the Act or this part),
dinary course of business concerning or an act of sabotage or vandalism,
diesel fuel quality and delivery; and whether or not such acts are violations
(ii) That the violation was not caused of law in the jurisdiction where the
by the carrier or his employee or violation of the requirements of this
agent. part occurred, or

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Environmental Protection Agency 80.30

(B) Was caused by the action of a re- (5) In any case in which a retailer or
seller or a retailer supplied by such re- wholesale purchaser-consumer would
seller, in violation of a contractual un- be in violation under paragraphs (e)(1)
dertaking imposed by the refiner on or (f)(1) of this section, the retailer or
such reseller designed to prevent such wholesale purchaser-consumer shall
action, and despite reasonable efforts not be deemed in violation if he can
by the refiner (such as periodic sam- demonstrate that the violation was not
pling and testing) to insure compliance caused by him or his employee or
with such contractual obligation, or agent.
(C) Was caused by the action of a re- (6) In paragraphs (g)(1)(iii), (g)(2)(i),
tailer who is supplied directly by the
(g)(3)(i), (g)(4)(ii) and (g)(5) of this sec-
refiner (and not by a reseller), in viola-
tion, the respective party must dem-
tion of a contractual undertaking im-
posed by the refiner on such retailer onstrate by reasonably specific
designed to prevent such action, and showings, by direct or circumstantial
despite reasonable efforts by the re- evidence, that it or its employee or
finer (such as periodic sampling and agent did not cause the violation.
testing) to insure compliance with such (7) In the case of any distributor or
contractual obligation, or reseller that would be in violation
(D) Was caused by the action of a dis- under paragraph (e)(2) or (f)(2) of this
tributor subject to a contract with the section or any wholesale purchaser-
refiner for transportation of diesel fuel consumer or retailer that would be in
from a terminal to a distributor, re- violation under paragraph (e)(1) or
tailer or wholesale purchaser-con- (f)(1) of this section for diesel fuel for
sumer, in violation of a contractual un- use in motor vehicles which contains
dertaking imposed by the refiner on visible evidence of the dye solvent red
such distributor designed to prevent 164, the distributor or reseller or
such action, and despite reasonable ef- wholesale purchaser-consumer or re-
forts by the refiner (such as periodic tailer shall not be deemed in violation
sampling and testing) to ensure com- if he can:
pliance with such contractual obliga- (i) Demonstrate that the violation
tion, or
was not caused by him or his employee
(E) Was caused by a carrier or other
or agent,
distributor not subject to a contract
with the refiner but engaged by him for (ii) Demonstrate that the fuel has
transportation of diesel fuel from a ter- been supplied, offered for supply, trans-
minal to a distributor, retailer or ported or available for tax-exempt use
wholesale purchaser-consumer, despite as defined under section 4082 of the In-
reasonable efforts by the refiner (such ternal Revenue Code, and
as specification or inspection of equip- (iii) Provide evidence from the sup-
ment) to prevent such action, or plier in the form of documentation
(F) Occurred at a wholesale pur- that the fuel met the applicable stand-
chaser-consumer facility: Provided, ards under paragraph (a)(1) of this sec-
however, That if such wholesale pur- tion for sulfur and cetane index or aro-
chaser-consumer was supplied by a re- matics content for use in motor vehi-
seller, the refiner must demonstrate cles.
that the violation could not have been (h) Detection of violations. In para-
prevented by such resellers compli- graphs (a) through (f) of this section,
ance with a contractual undertaking the term is detected at means that
imposed by the refiner on such reseller the violation existed at the facility in
as provided in paragraph (g)(4)(iii)(B) of question, and the existence of the vio-
this section. lation at that facility may be estab-
(iv) In paragraphs (g)(4)(iii) (A)
lished through evidence obtained or
through (E) of this section, the term
created at that facility, at any other
was caused means that the refiner must
demonstrate by reasonably specific location, and by any party.
showings, by direct or circumstantial [55 FR 34138, Aug. 21, 1990, as amended at 59
evidence, that the violation was caused FR 35859, July 14, 1994; 62 FR 68205, Dec. 31,
or must have been caused by another. 1997; 66 FR 5135, Jan. 18, 2001]

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80.32 40 CFR Ch. I (7101 Edition)

80.32 Controls applicable to liquefied than the cost of additional compression


petroleum gas retailers and whole- equipment.
sale purchaser-consumers.
[59 FR 48490, Sept. 21, 1994]
After January 1, 1998 every retailer
and wholesale purchaser- consumer Subpart COxygenated Gasoline
handling over 13,660 gallons of liquefied
petroleum gas per month shall equip 80.35 Labeling of retail gasoline
each pump from which liquefied petro- pumps; oxygenated gasoline.
leum gas is introduced into motor vehi- (a) For oxygenated gasoline programs
cles with a nozzle that has no greater with a minimum oxygen content per
than 2.0 cm3 dead space from which liq- gallon or minimum oxygen content re-
uefied petroleum gas will be released quirement in conjunction with a credit
upon nozzle disconnect from the vehi- program, the following shall apply:
cle, as measured from the nozzle face (1) Each gasoline pump stand from
which seals against the vehicle recep- which oxygenated gasoline is dispensed
tacle O ring, and as determined by at a retail outlet in the control area
calculation of the geometric shape of shall be affixed during the control pe-
the nozzle. After January 1, 2000 this riod with a legible and conspicuous
requirement applies to every liquefied label which contains the following
petroleum gas retailer and wholesale statement:
purchaser- consumer. Any dispensing
pump shown to be dedicated to heavy- The gasoline dispensed from this pump is
duty vehicles is exempt from this re- oxygenated and will reduce carbon monoxide
quirement. pollution from motor vehicles.

[59 FR 48490, Sept. 21, 1994]


(2) The posting of the above state-
ment shall be in block letters of no less
80.33 Controls applicable to natural than 20-point bold type; in a color con-
gas retailers and wholesale pur- trasting with the intended background.
chaser-consumers. The label shall be placed on the
vertical surface of the pump on each
(a) After January 1, 1998 every re-
side with gallonage and price meters
tailer and wholesale purchaser-con-
and shall be on the upper two-thirds of
sumer handling over 1,215,000 standard
the pump, clearly readable to the pub-
cubic feet of natural gas per month
lic.
shall equip each pump from which nat-
(3) The retailer shall be responsible
ural gas is introduced into natural gas
for compliance with the labeling re-
motor vehicles with a nozzle and hose
quirements of this section.
configuration which vents no more
(b) For oxygenated gasoline programs
than 1.2 grams of natural gas to the at-
with a credit program and no minimum
mosphere per refueling of a vehicle
oxygen content requirement, the fol-
complying with 86.0988(d)(1)(iv) of
lowing shall apply:
this chapter, as determined by calcula-
(1) Each gasoline pump stand from
tion of the geometric shape of the noz-
which oxygenated gasoline is dispensed
zle and hose. After January 1, 2000 this
at a retail outlet in the control area
requirement applies to every natural
shall be affixed during the control pe-
gas retailer and wholesale purchaser-
riod with a legible and conspicuous
consumer. Any dispensing pump shown
label which contains the following
to be dedicated to heavy-duty vehicles
statement:
is exempt from this requirement.
(b) The provisions of paragraph (a) of The fuel dispensed from this pump meets the
this section can be waived for refueling requirements of the Clean Air Act as part of
stations which were in operation on or a program to reduce carbon monoxide pollu-
tion from motor vehicles.
before January 1, 1998 provided the sta-
tion operator can demonstrate, to the (2) The posting of the above state-
satisfaction of the Administrator, that ment shall be in block letters of no less
compliance with paragraph (a) of this than 20-point bold type; in a color con-
section would require additional com- trasting with the intended background.
pression equipment or other modifica- The label shall be placed on the
tions with costs similar to or greater vertical surface of the pump on each

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Environmental Protection Agency 80.41

side with gallonage and price meters SIMPLE MODEL AVERAGED STANDARDS
and shall be on the upper two-thirds of Continued
the pump, clearly readable to the pub- Per-Gallon Maximum ........................................... 1.30
lic. (c) Phase I complex model per gallon
(3) The retailer shall be responsible standards. The Phase I complex
for compliance with the labeling re- model standards for compliance when
quirements of this section. achieved on a per-gallon basis are as
[57 FR 47771, Oct. 20, 1992] follows:

80.3680.39 [Reserved] PHASE ICOMPLEX MODEL PER-GALLON


STANDARDS
Subpart DReformulated VOC emissions performance reduction (percent):
Gasoline designated for VOC-Control Region 1 35.1
Gasoline Gasoline designated for VOC-Control Region 2 15.6
Toxic air pollutants emissions performance reduc-
SOURCE: 59 FR 7813, Feb. 16, 1994, unless tion (percent) ........................................................ 15.0
NOX emissions performance reduction (percent) ... 0.0
otherwise noted.
Oxygen content (percent, by weight) ...................... 2.0
Benzene (percent, by volume) ................................ 1.00
80.40 Fuel certification procedures.
(a) Gasoline that complies with one (d) Phase I complex model averaged
of the standards specified in 80.41 (a) standards. The Phase I complex
through (f) that is relevant for the gas- model standards for compliance when
oline, and that meets all other relevant achieved on average are as follows:
requirements prescribed under 80.41,
shall be deemed certified. PHASE I COMPLEX MODEL AVERAGED
(b) Any refiner or importer may, with STANDARDS
VOC emissions performance reduction (percent)
regard to a specific fuel formulation, Gasoline designated for VOC-Control Region 1:
request from the Administrator a cer- Standard ...................................................... 36.6
tification that the formulation meets Per-Gallon Minimum .................................... 32.6
one of the standards specified in 80.41 Gasoline designated for VOC-Control Region 2:
(a) through (f). Standard ...................................................... 17.1
Per-Gallon Minimum .................................... 13.1
Toxics air pollutants emissions performance reduc-
80.41 Standards and requirements tion (percent) .......................................................... 16.5
for compliance. NOX emissions performance reduction (percent) ..... 1.5
(a) Simple model per-gallon standards. Oxygen content (percent, by weight):
Standard ............................................................. 2.1
The simple model standards for com- Per-Gallon Minimum ........................................... 1.5
pliance when achieved on a per-gallon Benzene (percent, by volume):
basis are as follows: Standard ............................................................. 0.95
Per-Gallon Maximum .......................................... 1.30
SIMPLE MODEL PER-GALLON STANDARDS
Reid vapor pressure (in pounds per square inch):
(e) Phase II complex model per-gallon
Gasoline designated for VOC-Control Region 1 7.2 standards. The Phase II complex
Gasoline designated for VOC-Control Region 2 8.1 model standards for compliance when
Oxygen content (percent, by weight) ...................... 2.0
Toxic air pollutants emissions reduction (percent) .. 15.0
achieved on a per-gallon basis are as
Benzene (percent, by volume) ................................ 1.00 follows:
(b) Simple model averaged standards. PHASE IICOMPLEX MODEL PER-GALLON
The simple model standards when STANDARDS
achieved on average are as follows: VOC emissions performance reduction (percent):
Gasoline designated for VOC-Control Region 1 27.5
SIMPLE MODEL AVERAGED STANDARDS Gasoline designated for VOC-Control Region 2 25.9
Reid vapor pressure (in pounds per square inch): Toxic air pollutants emissions performance reduc-
Gasoline designated for VOC-Control Region 1: tion (percent) ........................................................ 20.0
Standard ........................................................... 7.1 NOX emissions performance reduction (percent):
Per-Gallon Maximum ........................................ 7.4 Gasoline designated as VOC-controlled .............. 5.5
Gasoline designated for VOC-Control Region 2: Gasoline not designated as VOC-controlled ....... 0.0
Standard ........................................................... 8.0 Oxygen content (percent, by weight) ...................... 2.0
Per-Gallon Maximum ........................................ 8.3 Benzene (percent, by volume) ................................ 1.00
Oxygen content (percent, by weight):
Standard ............................................................... 2.1 (f) Phase II complex model averaged
Per-Gallon Minimum ............................................ 1.5
Toxic air pollutants emissions reduction (percent) .. 16.5
standards. The Phase II complex
Benzene (percent, by volume): model standards for compliance when
Standard ............................................................... 0.95 achieved on average are as follows:

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80.41 40 CFR Ch. I (7101 Edition)

PHASE II COMPLEX MODEL AVERAGED gate mass or cancer-risk basis, toxic


STANDARDS air pollutant emissions from motor ve-
VOC emissions performance reduction (percent): hicles.
Gasoline designated for VOC-Control Region 1: (2) In the case of any refinery or im-
Standard ...................................................... 29.0
Per-Gallon Minimum .................................... 25.0
porter subject to the simple model
Gasoline designated for VOC-Control Region 2: standards:
Standard ...................................................... 27.4 (i) The annual average levels for sul-
Per-Gallon Minimum .................................... 23.4 fur, T90, and olefins cannot exceed
Toxics air pollutants emissions performance reduc-
tion (percent) .......................................................... 21.5 that refinerys or importers 1990 base-
NOX emissions performance reduction (percent): line levels for each of these param-
Gasoline designated as VOC-Controlled ........... 6.8 eters; and
Gasoline not designated as VOC-Controlled ..... 1.5
Oxygen content (percent, by weight):
(ii) The 1990 baseline levels and the
Standard ............................................................. 2.1 annual averages for these parameters
Per-Gallon Minimum ........................................... 1.5 shall be established using the method-
Benzene (percent, by volume): ology set forth in 80.91 through 80.92;
Standard ................................................................. 0.95
Per-Gallon Maximum ............................................. 1.30 and
Benzene (percent, by volume): (iii) In the case of a refiner that oper-
Standard ............................................................. 0.95 ates more than one refinery, the stand-
Per-Gallon Minimum ........................................... 1.30
ards specified under this paragraph
(g) Oxygen maximum standard. (1) The (h)(2) shall be met using the refinery
per-gallon standard for maximum oxy- grouping selected by the refiner under
gen content, which applies to reformu- 80.101(h).
lated gasoline subject to the simple (i) Use of simple and complex models.
model per-gallon or average standards, (1) During each calendar year 1995
is as follows: through 1997, any refinery or importer
(i) Oxygen content shall not exceed shall be subject to either the simple
3.2 percent by weight from ethanol model standards specified in para-
within the boundaries of any State if graphs (a) and (b) of this section, or the
the State notifies the Administrator Phase I complex model standards speci-
that the use of an oxygenate will inter- fied in paragraphs (c) and (d) of this
fere with attainment or maintenance section, at the option of the refiner or
of an ambient air quality standard or importer, provided that:
will contribute to an air quality prob- (i) No refinery or importer may be
lem. subject to a combination of simple and
(ii) A State may request the standard complex standards during any calendar
specified in paragraph (g)(1)(i) of this year; and
section separately for reformulated (ii) Any refiner or importer that
gasoline designated as VOC-controlled elects to achieve compliance with the
and reformulated gasoline not des- anti-dumping requirements using the:
ignated as VOC-controlled. (A) Simple model shall meet the re-
(2) The standard in paragraph (g)(1)(i) quirements of this subpart D using the
of this section shall apply 60 days after simple model standards; or
the Administrator publishes a notice in (B) Complex model or optional com-
the FEDERAL REGISTER announcing plex model shall meet the require-
such a standard. ments of this subpart D using the com-
(h) Additional standard requirements. plex model standards.
In addition to the standards specified (2) During the period January 1, 1998
in paragraphs (a) through (g) of this through December 31, 1999, any refiner
section, the following standards apply or importer shall be subject to the
for all reformulated gasoline: Phase I complex model standards speci-
(1) The standard for heavy metals, in- fied in paragraphs (c) and (d) of this
cluding lead or manganese, on a per- section.
gallon basis, is that reformulated gaso- (3) Beginning on January 1, 2000, any
line may contain no heavy metals. The refiner or importer shall be subject to
Administrator may waive this prohibi- the Phase II complex model standards
tion for a heavy metal (other than specified in paragraphs (e) and (f) of
lead) if the Administrator determines this section.
that addition of the heavy metal to the (j) Complex model early use. Before
gasoline will not increase, on an aggre- January 1, 1998, the VOC, toxics, and

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Environmental Protection Agency 80.41

NOX emissions performance standards gent passes all VOC emissions reduc-
for any refinery or importer subject to tion surveys in two consecutive years,
the Phase I complex model standards the averaging standards VOC emissions
shall be determined by evaluating all reduction for that covered area begin-
of the following parameter levels in the ning in the year following the second
Phase I complex model (specified in year of passed survey series shall be
80.45) at one time: made less stringent as follows:
(1) The simple model values for ben- (i) The required average VOC emis-
zene, RVP, and oxygen specified in sions reduction shall be decreased by
80.41 (a) or (b), as applicable; 1.0%; and
(2) The aromatics value which, to- (ii) The minimum VOC emissions re-
gether with the values for benzene, duction shall be decreased by 1.0%.
RVP, and oxygen determined under (4) In the event that a covered area
paragraph (j)(1) of this section, meets for which the required VOC emissions
the Simple Model toxics requirement reductions have been made less strin-
specified in paragraph (a) or (b) of this gent fails a subsequent VOC emissions
section, as applicable; reduction survey:
(3) The refinerys or importers indi- (i) The required average VOC emis-
vidual baseline values for sulfur, E300, sion reductions for that covered area
and olefins, as established under 80.91; beginning in the year following this
and subsequent failure shall be made more
(4) The appropriate seasonal value of stringent by increasing the required
E200 specified in 80.45(b)(2). average and the minimum VOC emis-
(k) Effect of VOC survey failure. (1) On sions reduction by 1.0%; and
each occasion during 1995 or 1996 that a (ii) The required VOC emission reduc-
covered area fails a simple model VOC tions for that covered area thereafter
emissions reduction survey conducted shall not be made less stringent regard-
pursuant to 80.68, the RVP require- less of the results of subsequent VOC
ments for that covered area beginning emissions reduction surveys.
in the year following the failure shall (l) Effect of toxics survey failure. (1) On
be adjusted to be more stringent as fol- each occasion during 1995 or 1996 that a
lows: covered area fails a simple model
(i) The required average RVP level toxics emissions reduction survey se-
shall be decreased by an additional 0.1 ries, conducted pursuant to 80.68, the
psi; and simple model toxics emissions reduc-
(ii) The maximum RVP level for each tion requirement for that covered area
gallon of averaged gasoline shall be de- beginning in the year following the
creased by an additional 0.1 psi. year of the failure is made more strin-
(2) On each occasion that a covered gent by increasing the average toxics
area fails a complex model VOC emis- emissions reduction by an additional
sions reduction survey conducted pur- 1.0%.
suant to 80.68, or fails a simple model (2) On each occasion that a covered
VOC emissions reduction survey con- area fails a complex model toxics emis-
ducted pursuant to 80.68 during 1997, sions reduction survey series, con-
the VOC emissions performance stand- ducted pursuant to 80.68, or fails a
ard for that covered area beginning in simple model toxics emissions reduc-
the year following the failure shall be tion survey series conducted pursuant
adjusted to be more stringent as fol- to 80.68 during 1997, the complex
lows: model toxics emissions reduction re-
(i) The required average VOC emis- quirement for that covered area begin-
sions reduction shall be increased by ning in the year following the year of
an additional 1.0%; and the failure is made more stringent by
(ii) The minimum VOC emissions re- increasing the average toxics emissions
duction, for each gallon of averaged reduction by an additional 1.0%.
gasoline, shall be increased by an addi- (3) In the event that a covered area
tional 1.0%. for which the toxics emissions standard
(3) In the event that a covered area has been made more stringent passes
for which required VOC emissions re- all toxics emissions survey series in
ductions have been made more strin- two consecutive years, the averaging

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80.41 40 CFR Ch. I (7101 Edition)

standard for toxics emissions reduc- (n) Effect of benzene survey failure. (1)
tions for that covered area beginning On each occasion that a covered area
in the year following the second year of fails a benzene content survey series,
passed survey series shall be made less conducted pursuant to 80.68, the ben-
stringent by decreasing the average zene content standards for that covered
toxics emissions reduction by 1.0%. area beginning in the year following
(4) In the event that a covered area the year of the failure shall be made
for which the toxics emissions reduc- more stringent as follows:
tion standard has been made less strin- (i) The average benzene content shall
gent fails a subsequent toxics emis- be decreased by 0.05% by volume; and
sions reduction survey series: (ii) The maximum benzene content
(i) The standard for toxics emissions for each gallon of averaged gasoline
reduction for that covered area begin- shall be decreased by 0.10% by volume.
ning in the year following this subse- (2) In the event that a covered area
quent failure shall be made more strin- for which the benzene standards have
gent by increasing the average toxics been made more stringent passes all
emissions reduction by 1.0%; and benzene content survey series con-
(ii) The standard for toxics emissions ducted in two consecutive years, the
reduction for that covered area there- benzene standards for that covered
after shall not be made less stringent area beginning in the year following
regardless of the results of subsequent the second year of passed survey series
toxics emissions reduction surveys. shall be made less stringent as follows:
(m) Effect of NOX survey or survey se- (i) The average benzene content shall
ries failure. be increased by 0.05% by volume; and
(1) On each occasion that a covered (ii) The maximum benzene content
area fails a NOX emissions reduction for each gallon of averaged gasoline
survey or survey series conducted pur- shall be increased by 0.10% by volume.
suant to 80.68, the required average (3) In the event that a covered area
NOX emissions reductions for that cov- for which the benzene standards have
ered area beginning in the year fol- been made less stringent fails a subse-
lowing the failure shall be increased in quent benzene content survey series:
stringency by an additional 1.0%. (i) The standards for benzene content
(2) In the event that a covered area for that covered area beginning in the
for which required NOX emissions re- year following this subsequent failure
ductions have been made more strin- shall be the more stringent standards
gent passes all NOX emissions reduc- which were in effect prior to the oper-
tion surveys and survey series in two ation of paragraph (n)(2) of this sec-
consecutive years, the required average tion; and
NOX emissions reductions for that cov- (ii) The standards for benzene con-
ered area beginning in the year fol- tent for that covered area thereafter
lowing the second year of passed sur- shall not be made less stringent regard-
veys and survey series shall be de- less of the results of subsequent ben-
creased in stringency by 1.0%. zene content surveys.
(3) In the event that a covered area (o) Effect of oxygen survey failure. (1)
for which the required NOX emissions In any year that a covered area fails an
reductions have been made less strin- oxygen content survey series, con-
gent fails a subsequent NOX emissions ducted pursuant to 80.68, the min-
reduction survey or survey series: imum oxygen content requirement for
(i) The required average NOX emis- that covered area beginning in the year
sion reductions for that covered area following the year of the failure is
beginning in the year following this made more stringent by increasing the
subsequent failure shall be increased in minimum oxygen content standard, for
stringency by 1.0%; and each gallon of averaged gasoline, by an
(ii) The required NOX emission reduc- additional 0.1%; however, in no case
tions for that covered area thereafter shall the minimum oxygen content
shall not be made less stringent regard- standard be greater than 2.0%.
less of the results of subsequent NOX (2) In the event that a covered area
emissions reduction surveys or survey for which the minimum oxygen content
series. standard has been made more stringent

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Environmental Protection Agency 80.41

passes all oxygen content survey series (iii) The refiner or oxygenate blender
in two consecutive years, the minimum is able to show that the volume of
oxygen content standard for that cov- averaged reformulated gasoline from a
ered area beginning in the year fol- refinery or oxygenate blending facility
lowing the second year of passed sur- that supplied the covered area during
vey series shall be made less stringent any year under paragraphs (q)(1) (i) or
by decreasing the minimum oxygen (ii) of this section was less than one
content standard by 0.1%. percent of the reformulated gasoline
(3) In the event that a covered area produced at the refinery or oxygenate
for which the minimum oxygen content blending facility during that year, or
standard has been made less stringent 100,000 barrels, whichever is less.
fails a subsequent oxygen content sur- (2) Adjusted standards for a covered
vey series: area apply to averaged reformulated
(i) The standard for minimum oxygen gasoline that is imported by an im-
content for that covered area begin- porter if:
ning in the year following this subse- (i) The covered area with the ad-
quent failure shall be made more strin- justed standard is located in Petroleum
gent by increasing the minimum oxy- Administration for Defense District
gen content standard by 0.1%; and (PADD) I, and the gasoline is imported
(ii) The minimum oxygen content at a facility located in PADDs I, II or
standard for that covered area there- III;
after shall not be made less stringent
(ii) The covered area with the ad-
regardless of the results of subsequent
justed standard is located in PADD II,
oxygen content surveys.
and the gasoline is imported at a facil-
(p) Effective date for changed minimum
ity located in PADDs I, II, III, or IV;
or maximum standards. In the case of
(iii) The covered area with the ad-
any minimum or maximum standard
justed standard is located in PADD III,
that is changed to be more stringent by
and the gasoline is imported at a facil-
operation of paragraphs (k), (m), (n), or
ity located in PADDs II, III, or IV;
(o) of this section, the effective date
for such change shall be ninety days (iv) The covered area with the ad-
following the date EPA announces the justed standard is located in PADD IV,
change. and the gasoline is imported at a facil-
(q) Refineries, importers, and oxygenate ity located in PADDs II, or IV; or
blenders subject to adjusted standards. (v) The covered area with the ad-
Standards for average compliance that justed standard is located in PADD V,
are adjusted to be more or less strin- and the gasoline is imported at a facil-
gent by operation of paragraphs (k), (l), ity located in PADDs III, IV, or V; un-
(m), (n), or (o) of this section apply to less
averaged reformulated gasoline pro- (vi) Any gasoline which is imported
duced at each refinery or oxygenate by an importer at any facility located
blending facility, or imported by each in any PADD supplies the covered area,
importer as follows: in which case the adjusted standard
(1) Adjusted standards for a covered also applies to averaged gasoline im-
area apply to averaged reformulated ported at that facility by that im-
gasoline that is produced at a refinery porter.
or oxygenate blending facility if: (3) Any gasoline that is transported
(i) Any averaged reformulated gaso- in a fungible manner by a pipeline,
line from that refinery or oxygenate barge, or vessel shall be considered to
blending facility supplied the covered have supplied each covered area that is
area during any year a survey was con- supplied with any gasoline by that
ducted which gave rise to a standards pipeline, or barge or vessel shipment,
adjustment; or unless the refiner or importer is able to
(ii) Any averaged reformulated gaso- establish that the gasoline it produced
line from that refinery or oxygenate or imported was supplied only to a
blending facility supplies the covered smaller number of covered areas.
area during any year that the stand- (4) Adjusted standards apply to all
ards are more stringent than the ini- averaged reformulated gasoline pro-
tial standards; unless duced by a refinery or imported by an

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80.42 40 CFR Ch. I (7101 Edition)

importer identified in this paragraph [59 FR 7813, Feb. 16, 1994, as amended at 59
(q), except: FR 36958, July 20, 1994; 61 FR 12041, Mar. 25,
1996; 62 FR 68205, Dec. 31, 1997; 64 FR 37689,
(i) In the case of adjusted VOC stand- July 13, 1999]
ards for a covered area located in VOC
Control Region 1, the adjusted VOC 80.42 Simple emissions model.
standards apply only to averaged refor- (a) VOC emissions. The following
mulated gasoline designated as VOC- equations shall comprise the simple
controlled intended for use in VOC model for VOC emissions. The simple
Control Region 1; and model for VOC emissions shall be used
(ii) In the case of adjusted VOC only in determining toxics emissions:
standards for a covered area located in
Summer = The period of May 1 through Sep-
VOC Control Region 2, the adjusted
tember 15
VOC standards apply only to averaged Winter = The period of September 16 through
reformulated gasoline designated as April 30
VOC-controlled intended for use in EXHVOCS1 = Exhaust nonmethane, non-
VOC Control Region 2. ethane VOC emissions from the fuel in
(r) Definition of PADD. For the pur- question, in grams per mile, for VOC con-
trol region 1 during the summer period.
poses of this section only, the following EXHVOCS2 = Exhaust nonmethane, non-
definitions of PADDs apply: ethane VOC emissions from the fuel in
(1) The following States are included question, in grams per mile, for VOC con-
in PADD I: trol region 2 during the summer period.
EXHVOCW = Exhaust nonmethane, non-
Connecticut New Hampshire ethane VOC emissions from the fuel in
Delaware New Jersey question, in grams per mile, during the
District of Columbia North Carolina winter period.
Florida Pennsylvania EVPVOCS1 = Evaporative nonmethane, non-
Georgia Rhode Island ethane VOC emissions from the fuel in
Maine South Carolina question, in grams per mile, for VOC con-
Maryland Vermont trol region 1 during the summer period.
Massachusetts Virginia EVPVOCS2 = Evaporative nonmethane, non-
New York West Virginia ethane VOC emissions from the fuel in
question, in grams per mile, for VOC con-
(2) The following States are included trol region 2 during the summer period.
in PADD II: RLVOCS1 = Running loss nonmethane, non-
ethane VOC emissions from the fuel in
Illinois Nebraska question, in grams per mile, for VOC con-
Indiana North Dakota trol region 1 during the summer period.
Iowa Ohio RLVOCS2 = Running loss nonmethane, non-
Kansas Oklahoma ethane VOC emissions from the fuel in
Kentucky South Dakota question, in grams per mile, for VOC con-
Michigan Tennessee trol region 2 during the summer period.
Minnesota Wisconsin REFVOCS1 = Refueling nonmethane, non-
Missouri ethane VOC emissions from the fuel in
question, in grams per mile, for VOC con-
(3) The following States are included
trol region 1 during the summer period.
in PADD III: REFVOCS2 = Refueling nonmethane, non-
Alabama Mississippi ethane VOC emissions from the fuel in
Arkansas New Mexico question, in grams per mile, for VOC con-
Louisiana Texas trol region 2 during the summer period.
OXCON = Oxygen content of the fuel in ques-
(4) The following States are included tion, in terms of weight percent (as meas-
in PADD IV: ured under 80.46)
RVP = Reid vapor pressure of the fuel in
Colorado Utah question, in pounds per square inch (psi)
Idaho Wyoming
Montana (1) The following equations shall
comprise the simple model for VOC
(5) The following States are included emissions in VOC Control Region 1 dur-
in PADD V: ing the summer period:
Arizona Oregon EXHVOCS1 = 0.444(1(0.127/2.7)OXCON)
California Washington EVPVOCS1 = 0.79520.2461RVP
Nevada +0.02293RVPRVP

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Environmental Protection Agency 80.42
RLVOCS1 = 0.734+0.1096RVP TOXREDS2 = Total toxics reduction of the
+0.002791RVPRVP fuel in question during the summer period
REFVOCS1 = 0.04((0.1667RVP)0.45) for VOC control region 2 in percent
TOXREDW = Total toxics reduction of the
(2) The following equations shall fuel in question during the winter period in
comprise the simple model for VOC percent
emissions in VOC Control Region 2 dur-
(1) The following equations shall
ing the summer period:
comprise the simple model for toxics
EXHVOCS2 = 0.444 (1 (0.127/2.7) OXCON) emissions in VOC control region 1 dur-
EVPVOCS2 = 0.813 0.2393 RVP + 0.021239 ing the summer period:
RVP RVP
RLVOCS2 = 0.2963 0.1306 RVP + 0.016255 TOXREDS1 = [100 (53.2 EXHBEN
RVP RVP EVPBEN RLBEN REFBEN FORM
REFVOCS2 = 0.04 ((0.1667 RVP) 0.45) ACET BUTA POM)] / 53.2
EXHBEN = [1.884+0.949 FBEN + 0.113
(3) The following equation shall com- (FAROM FBEN)) / 100] 1000
prise the simple model for VOC emis- EXHVOCS1
sions during the winter period: EVPBEN = HSBEN + DIBEN
HSBEN = FBEN (EVPVOCS1 0.679) 1000
EXHVOCW = 0.656 (1 (0.127/2.7) OXCON) [(1.4448 (0.0684 MTBE/2.0) (0.080274
RVP)) / 100]
(b) Toxics emissions. The following DIBEN = FBEN (EVPVOCS1 0.321) 1000
equations shall comprise the simple [(1.3758 (0.0579 MTBE/2.0) (0.080274
model for toxics emissions: RVP)) / 100]
RLBEN = FBEN RLVOCS1 1000 [(1.4448
EXHBEN = Exhaust benzene emissions from (0.0684 MTBE/2.0) (0.080274 RVP)) /
the fuel in question, in milligrams per mile 100]
EVPBEN = Evaporative benzene emissions REFBEN = FBEN REFVOCS1 1000
from the fuel in question, in milligrams [(1.3972 (0.0591 MTBE / 2.0) (0.081507
per mile RVP)) / 100] BUTA = 0.00556 EXHVOCS1
HSBEN = Hot soak benzene emissions from 1000
the fuel in question, in milligrams per mile POM = 3.15 EXHVOCS1
DIBEN = Diurnal benzene emissions from the
fuel in question, in milligrams per mile (i) For any oxygenate or mixtures of
RLBEN = Running loss benzene emissions oxygenates, the formaldehyde and ac-
from the fuel in question, in milligrams etaldehyde shall be calculated with the
per mile following equations:
REFBEN = Refueling benzene emissions from
FORM = 0.01256 EXHVOCS1 1000 [1 +
the fuel in question, in milligrams per mile
(0.421 / 2.7) MTBE + TAME) + (0.358 / 3.55)
MTBE = Oxygen content of the fuel in ques-
ETOH + (0.137 / 2.7) (ETBE + ETAE)]
tion in the form of MTBE, in terms of
ACET = 0.00891 EXHVOCS1 1000 [1 +
weight percent (as measured under 80.46)
(0.078 / 2.7) (MTBE + TAME) + (0.865 / 3.55)
ETOH = Oxygen content of the fuel in ques- ETOH + (0.867 / 2.7) (ETBE + ETAE)]
tion in the form of ethanol, in terms of
weight percent (as measured under 80.46) (ii) When calculating formaldehyde
ETBE = Oxygen content of the fuel in ques- and acetaldehyde emissions using the
tion in the form of ETBE, in terms of equations in paragraph (b)(1)(i) of this
weight percent (as measured under 80.46) section, oxygen in the form of alcohols
FORM = Formaldehyde emissions from the which are more complex or have higher
fuel in question, in milligrams per mile
molecular weights than ethanol shall
ACET = Acetaldehyde emissions from the
fuel in question, in milligrams per mile be evaluated as if it were in the form of
POM = Emissions of polycyclic organic mat- ethanol. Oxygen in the form of methyl
ter from the fuel in question, in milligrams ethers other than TAME and MTBE
per mile shall be evaluated as if it were in the
BUTA = Emissions of 1,3-Butadiene from the form of MTBE. Oxygen in the form of
fuel in question, in milligrams per mile ethyl ethers other than ETBE shall be
FBEN = Fuel benzene of the fuel in question, evaluated as if it were in the form of
in terms of volume percent (as measured ETBE. Oxygen in the form of non-
under 80.46) methyl, non-ethyl ethers shall be eval-
FAROM = Fuel aromatics of the fuel in ques-
tion, in terms of volume percent (as meas-
uated as if it were in the form of ETBE.
ured under 80.46) Oxygen in the form of methanol or
TOXREDS1 = Total toxics reduction of the non-alcohol, non-ether oxygenates
fuel in question during the summer period shall not be evaluated with the Simple
for VOC control region 1 in percent Model, but instead must be evaluated

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80.42 40 CFR Ch. I (7101 Edition)

through vehicle testing under the Com- (3) The following equations shall
plex Model per 80.48. comprise the simple model for toxics
(2) The following equations shall emissions during the winter period:
comprise the simple model for toxics TOXREDW = 100 (55.5 EXHBEN FORM
emissions in VOC control region 2 dur- ACET BUTA POM) / 55.5
ing the summer period: EXHBEN = [(1.884 + 0.949 FBEN + 0.113
(FAROM FBEN)) / 100] 1000
TOXREDS2 = 100 (52.1 EXHBEN EXHVOCW
EVPBEN RLBEN REFBEN FORM BUTA = 0.00556 EXHVOCW 1000
ACET BUTA POM) / 52.1 POM = 2.13 EXHVOCW
EXHBEN = [(1.884 + 0.949 FBEN + 0.113
(FAROM FBEN)) / 100] 1000 (i) For any oxygenate or mixtures of
EXHVOCS2 oxygenates, the formaldehyde and ac-
EVPBEN = HSBEN + DIBEN etaldehyde shall be calculated with the
HSBEN = FBEN (EVPVOCS2 0.679) 1000 following equations:
[(1.4448 (0.0684 MTBE / 2.0) (0.080274
FORM = 0.01256 EXHVOCS1 1000 [1 +
RVP)) / 100]
(0.421 / 2.7) (MTBE + TAME) + (0.358 / 3.55)
DIBEN = FBEN (EVPVOCS2 0.321) 1000
ETOH + (0.137 / 2.7) (ETBE + ETAE)]
[(1.3758 (0.0579 MTBE / 2.0) (0.080274 ACET = 0.00891 EXHVOCS1 1000 [1 +
RVP)) / 100] (0.078 / 2.7) (MTBE + TAME) + (0.865 / 3.55)
RLBEN = FBEN RLVOCS2 1000 [(1.4448 ETOH + (0.867 / 2.7) (ETBE + ETAE)]
(0.0684 MTBE / 2.0) (0.080274 RVP))
/ 100] (ii) When calculating formaldehyde
REFBEN = FBEN REFVOCS2 1000 and acetaldehyde emissions using the
[(1.3972 (0.0591 MTBE / 2.0) (0.081507 equations in paragraph (b)(3)(i) of this
RVP)) / 100] section, oxygen in the form of alcohols
BUTA = 0.00556 EXHVOCS2 1000 which are more complex or have higher
POM = 3.15 EXHVOCS2 molecular weights than ethanol shall
(i) For any oxygenate or mixtures of be evaluated as if it were in the form of
oxygenates, the formaldehyde and ac- ethanol. Oxygen in the form of methyl
etaldehyde shall be calculated with the ethers other than TAME and MTBE
following equations: shall be evaluated as if it were in the
form of MTBE. Oxygen in the form of
FORM = 0.01256 EEXHVOCS2 1000 [1 + ethyl ethers other than ETBE shall be
(0.421 / 2.7) (MTBE + TAME) + (0.358 / 3.55) evaluated as if it were in the form of
ETOH + (0.137 / 2.7) (ETBE + ETAE)] ETBE. Oxygen in the form of non-
ACET = 0.00891 EXHVOCS2 1000 [1 + methyl, non-ethyl ethers shall be eval-
(0.078 / 2.7) (MTBE + TAME) + (0.865 / 3.55)
ETOH + (0.867 / 2.7) (ETBE + ETAE)]
uated as if it were in the form of ETBE.
Oxygen in the form of methanol or
(ii) When calculating formaldehyde non-alcohol, non-ether oxygenates
and acetaldehyde emissions using the shall not be evaluated with the Simple
equations in paragraph (b)(2)(i) of this Model, but instead must be evaluated
section, oxygen in the form of alcohols through vehicle testing under the Com-
which are more complex or have higher plex Model per 80.48.
molecular weights than ethanol shall (4) If the fuel aromatics content of
be evaluated as if it were in the form of the fuel in question is less than 10 vol-
ethanol. Oxygen in the form of methyl ume percent, then an FAROM value of
ethers other than TAME and MTBE 10 volume percent shall be used when
shall be evaluated as if it were in the evaluating the toxics emissions equa-
form of MTBE. Oxygen in the form of tions given in paragraphs (b)(1), (b)(2),
ethyl ethers other than ETBE shall be and (b)(3) of this section.
evaluated as if it were in the form of (c) Limits of the model. (1) The model
ETBE. Oxygen in the form of non- given in paragraphs (a) and (b) of this
methyl, non-ethyl ethers shall be eval- section shall be used as given to deter-
uated as if it were in the form of ETBE. mine VOC and toxics emissions, respec-
Oxygen in the form of methanol or tively, if the properties of the fuel
non-alcohol, non-ether oxygenates being evaluated fall within the ranges
shall not be evaluated with the Simple shown in this paragraph (c). If the
Model, but instead must be evaluated properties of the fuel being evaluated
through vehicle testing under the Com- fall outside the range shown in this
plex Model per 80.48. paragraph (c), the model may not be

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Environmental Protection Agency 80.45

used to determine the VOC or toxics normal and higher emitters (w1 and w2,
performance of the fuel: respectively) given in table 1 shall be
used to calculate the exhaust emission
Fuel parameter Range
performance of any fuel for the appro-
Benzene content ............................. 0.04.9 vol %. priate pollutant and Phase:
RVP ................................................ 6.69.0 psi.1
Oxygenate content ......................... 04.0 wt %. TABLE 1NORMAL AND HIGHER EMITTER
Aromatics content ........................... 055 vol %.
WEIGHTINGS FOR EXHAUST EMISSIONS
1 Forgasoline sold in California, the applicable RVP range
shall be 6.49.0 psi. Phase I Phase II

(2) The model given in paragraphs (a) VOC & NOX VOC & NOX
toxics toxics
and (b) of this section shall be effective
from January 1, 1995 through December Normal Emitters (w1) 0.52 0.82 0.444 0.738
31, 1997, unless extended by action of Higher Emitters (w2) .. 0.48 0.18 0.556 0.262
the Administrator.
(2) The following properties of the
[59 FR 7813, Feb. 16, 1994, as amended at 59
baseline fuels shall be used when deter-
FR 36958, July 20, 1994; 61 FR 20738, May 8,
1996] mining baseline mass emissions of the
various pollutants:
80.4380.44 [Reserved]
TABLE 2SUMMER AND WINTER BASELINE FUEL
80.45 Complex emissions model. PROPERTIES
(a) Definition of terms. For the pur- Fuel property Summer Winter
poses of this section, the following
Oxygen (wt %) ................................... 0.0 0.0
definitions shall apply: Sulfur (ppm) ....................................... 339 338
Target fuel = The fuel which is being evalu- RVP (psi) ........................................... 8.7 11.5
E200 (%) ........................................... 41.0 50.0
ated for its emissions performance using
E300 (%) ........................................... 83.0 83.0
the complex model Aromatics (vol %) .............................. 32.0 26.4
OXY = Oxygen content of the target fuel in Olefins (vol %) ................................... 9.2 11.9
terms of weight percent Benzene (vol %) ................................ 1.53 1.64
SUL = Sulfur content of the target fuel in
terms of parts per million by weight (3) The baseline mass emissions for
RVP = Reid Vapor Pressure of the target fuel
VOC, NOX and toxics given in tables 3,
in terms of pounds per square inch
E200 = 200 F distillation fraction of the tar- 4 and 5 of this paragraph (b)(3) shall be
get fuel in terms of volume percent used in conjunction with the complex
E300 = 300 F distillation fraction of the tar- model during the appropriate Phase
get fuel in terms of volume percent and season:
ARO = Aromatics content of the target fuel
in terms of volume percent TABLE 3BASELINE EXHAUST EMISSIONS
BEN = Benzene content of the target fuel in
terms of volume percent Phase I Phase II
OLE = Olefins content of the target fuel in Sum- Sum-
terms of volume percent Exhaust pollutant Winter Winter
mer mer
(mg/ (mg/
MTB = Methyl tertiary butyl ether content (mg/ (mg/
mile) mile)
mile) mile)
of the target fuel in terms of weight per-
cent oxygen VOC ........................... 446.0 660.0 907.0 1341.0
ETB = Ethyl tertiary butyl ether content of NOx ............................ 660.0 750.0 1340.0 1540.0
the target fuel in terms of weight percent Benzene .................... 26.10 37.57 53.54 77.62
oxygen Acetaldehyde ............. 2.19 3.57 4.44 7.25
TAM = Tertiary amyl methyl ether content Formaldehyde ............ 4.85 7.73 9.70 15.34
1,3-Butadiene ............ 4.31 7.27 9.38 15.84
of the target fuel in terms of weight per-
POM .......................... 1.50 2.21 3.04 4.50
cent oxygen
ETH = Ethanol content of the target fuel in
terms of weight percent oxygen TABLE 4BASELINE NON-EXHAUST EMISSIONS
exp = The function that raises the number e (SUMMER ONLY)
(the base of the natural logarithm) to the
power in its domain Phase I Phase II
Phase I = The years 19951999
Non-exhaust pollutant Region Region Region Region
Phase II = Year 2000 and beyond 1 (mg/ 2 (mg/ 1 (mg/ 2 (mg/
mile) mile) mile) mile)
(b) Weightings and baselines for the
complex model. (1) The weightings for VOC ........................... 860.48 769.10 559.31 492.07

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TABLE 4BASELINE NON-EXHAUST EMISSIONS


(SUMMER ONLY)Continued
Phase I Phase II

Non-exhaust pollutant Region Region Region Region


1 (mg/ 2 (mg/ 1 (mg/ 2 (mg/
mile) mile) mile) mile)

Benzene .................... 9.66 8.63 6.24 5.50

TABLE 5TOTAL BASELINE VOC, NOX AND TOXICS EMISSIONS


Summer (mg/mile) Winter (mg/mile)

Pollutant Phase I Phase II Phase I Phase II

Region 1 Region 2 Region 1 Region 2 Region 1 Region 2 Region 1 Region 2

NOX ....................... 660.0 660.0 1340.0 1340.0 750.0 750.0 1540.0 1540.0
VOC ...................... 1306.5 1215.1 1466.3 1399.1 660.0 660.0 1341.0 1341.0
Toxics .................... 48.61 47.58 86.34 85.61 58.36 58.36 120.55 120.55

(c) VOC performance. (1) The exhaust v1 = (0.003641 OXY) + (0.0005219


VOC emissions performance of gaso- SUL) + (0.0289749 RVP) + (0.014470
lines shall be given by the following E200) + (0.068624 E300) +
equations: (0.0323712 ARO) + (0.002858 OLE)
+ (0.0001072 E2002) + (0.0004087
VOCE = VOC(b)+(VOC(b)Yvoc(t)/100)
E3002) + (0.0003481 ARO E300)
Yvoc(t) = (w1Nv)+(w2Hv)1100
(ii) VOC equation for higher emitters.
where
VOCE = Exhaust VOC emissions in milli- v2 = (0.003626 OXY) + (5.40X105
grams/mile SUL) + (0.043295 RVP) + (0.013504
Yvoc(t) = Exhaust VOC performance of the E200) + (0.062327 E300) + (0.0282042
target fuel in terms of percentage change ARO) + (0.002858 OLE) + (0.000106
from baseline E2002) + (0.000408 E3002) +
VOC(b) = Baseline exhaust VOC emissions as (0.000287 ARO E300)
defined in paragraph (b)(2) of this section
for the appropriate Phase and season (iii) Flat line extrapolations. (A) Dur-
Nv = [exp v1(t)]/[exp v1(b)] ing Phase I, fuels with E200 values
Hv = [exp v2(t)]/[exp v2(b)] greater than 65.83 percent shall be eval-
w1 = Weighting factor for normal emitters as uated with the E200 fuel parameter set
defined in paragraph (b)(1) of this section equal to 65.83 percent when calculating
for the appropriate Phase
Yvoc(t) and VOCE using the equations
w2 = Weighting factor for higher emitters as
defined in paragraph (b)(1) of this section described in paragraphs (c)(1) (i) and
for the appropriate Phase (ii) of this section. Fuels with E300 val-
v1(t) = Normal emitter VOC equation as de- ues greater than E300* (calculated
fined in paragraph (c)(1)(i) of this section, using the equation E300* =
evaluated using the target fuels properties 80.32+[0.390ARO]) shall be evaluated
subject to paragraphs (c)(1) (iii) and (iv) of with the E300 parameter set equal to
this section E300* when calculating VOCE using the
v2(t) = Higher emitter VOC equation as de- equations described in paragraphs (c)(1)
fined in paragraph (c)(1)(ii) of this section,
evaluated using the target fuels properties
(i) and (ii) of this section. For E300*
subject to paragraphs (c)(1) (iii) and (iv) of values greater than 94, the linearly ex-
this section trapolated model presented in para-
v1(b) = Normal emitter VOC equation as de- graph (c)(1)(iv) of this section shall be
fined in paragraph (c)(1)(i) of this section, used.
evaluated using the base fuels properties (B) During Phase II, fuels with E200
v2(b) = Higher emitter VOC equation as de- values greater than 65.52 percent shall
fined in paragraph (c)(1)(ii) of this section, be evaluated with the E200 fuel param-
evaluated using the base fuels properties
eter set equal to 65.52 percent when cal-
(i) Consolidated VOC equation for nor- culating VOCE using the equations de-
mal emitters. scribed in paragraphs (c)(1) (i) and (ii)

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Environmental Protection Agency 80.45

of this section. Fuels with E300 values ARO}]} + {100% 0.556 [exp(v2(et))
greater than E300* (calculated using / exp(v2(b))] [{[(0.000212 E200et)
the equation E300* = 79.75+[0.385 0.01350] E200} + {[(0.000816 E300et)
ARO]) shall be evaluated with the E300 0.06233 (0.00029 AROet)] E300}
parameter set equal to E300* when cal- + {[(-0.00029 E300et) + 0.028204]
culating VOCE using the equations de- ARO}]}
scribed in paragraphs (c)(1) (i) and (ii) (C) During Phase I, the edge target
of this section. For E300* values great- fuel shall be identical to the target fuel
er than 94, the linearly extrapolated for all fuel parameters, with the fol-
model presented in paragraph (c)(1)(iv) lowing exceptions:
of this section shall be used. (1) If the E200 level of the target fuel
(iv) Linear extrapolations. (A) The is less than 33 volume percent, then the
equations in paragraphs (c)(1) (i) and E200 value for the edge target fuel
(ii) of this section shall be used within shall be set equal to 33 volume percent.
the allowable range of E300, E200, and (2) If the aromatics level of the tar-
ARO for the appropriate Phase, as de- get fuel is less than 18 volume percent,
fined in table 6: then the ARO value for the edge tar-
get fuel shall be set equal to 18 vol-
TABLE 6ALLOWABLE RANGES OF E200, E300,
ume percent.
AND ARO FOR THE EXHAUST VOC EQUA-
(3) If the aromatics level of the tar-
TIONS IN PARAGRAPHS (C)(1)(I) AND (II) OF
get fuel is greater than 46 volume per-
THIS SECTION cent, then the ARO value for the edge
Phase I Phase II target fuel shall be set equal to 46 vol-
Fuel
param- ume percent.
Lower Lower
eter limit Higher limit limit Higher limit (4) If the E300 level of the target fuel
is less than 72 volume percent, then the
E200 .. 33.00 65.83 .............. 33.00 65.52
E300 .. 72.00 Variable1 ........ 72.00 Variable 2
E300 value for the edge target fuel
ARO ... 18.00 46.00 .............. 18.00 46.00 shall be set equal to 72 volume percent.
1 Higher E300 limit = lower of 94.0 or 80.32+[0.390(ARO)].
(5) If the E300 level of the target fuel
2 Higher E300 limit = lower of 94.0 or 79.75+[0.385(ARO)]. is greater than 95 volume percent, then
the E300 value of the target fuel shall
(B) For fuels with E200, E300 and/or
be set equal to 95 volume percent for
ARO levels outside the ranges defined
the purposes of calculating VOC emis-
in table 6, YVOC(t) shall be defined:
sions with the Phase I equation given
(1) For Phase I:
in paragraph (c)(1)(iv)(B) of this sec-
YVOC(t) = 100% 0.52 [exp(v1(et)) / tion.
exp(v1(b)) 1] + 100% 0.48 (6) If [80.32+(0.390ARO)] exceeds 94
[exp(v2(et)) / exp(v2(b)) 1] + {100% for the target fuel, then the E300 value
0.52 [exp(v1(et)) / exp(v1(b))] for the edge target fuel shall be set
[{[(0.0002144 E200et) 0.014470] equal to 94 volume percent.
E200} + {[(0.0008174 E300et) (7) If the E200 level of the target fuel
0.068624 (0.000348 AROet)] E300} is less than 33 volume percent, then
+ {[(0.000348 E300et) + .0323712] E200 shall be set equal to (E20033
ARO}]} + {100% 0.48 [exp(v1(et)) / volume percent).
exp(v2(b))}] [{[(0.000212 E200et) (8) If the E200 level of the target fuel
0.01350] E200} + {[(0.000816 E300et) equals or exceeds 33 volume percent,
0.06233 (0.00029 AROet)] E300b then E200 shall be set equal to zero.
+ {[(0.00029 E300}) + 0.028204] (9) If the aromatics level of the tar-
ARO}]} get fuel is less than 18 volume percent,
then ARO shall be set equal to
(2) For Phase II:
(ARO18 volume percent). If the aro-
YVOC(t) = 100% 0.444 [exp(v1(et)) / matics level of the target fuel is less
exp(v1(b)) 1] + 100% 0.556 than 10 volume percent, then ARO
[exp(v2(et)) / exp(v2(b)) 1] + {100% shall be set equal to 8 volume per-
0.444 [exp(v1(et)) / exp(v1(b))] cent.
[{[(0.0002144 E200et) 0.014470] (10) If the aromatics level of the tar-
E200} + {[(0.0008174 E300et) get fuel is greater than 46 volume per-
0.068624 (0.000348 AROet)] E300} cent, then ARO shall be set equal to
+ {[(0.000348 E300et) + 0.0323712] (ARO46 volume percent).

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(11) If neither of the conditions estab- (8) If the E200 level of the target fuel
lished in paragraphs (c)(1)(iv)(C)(9) and equals or exceeds 33 volume percent,
(10) of this section are met, then ARO then E200 shall be set equal to zero.
shall be set equal to zero. (9) If the aromatics level of the tar-
(12) If the E300 level of the target fuel get fuel is less than 18 volume percent
is less than 72 percent, then E300 shall and greater than or equal to 10 volume
be set equal to (E30072 percent). percent, then ARO shall be set equal
(13) If the E300 level of the target fuel to (ARO18 volume percent). If the
is greater than 94 volume percent and aromatics level of the target fuel is
[80.32+(0.390xARO)] also is greater than less than 10 volume percent, then
94, then E300 shall be set equal to ARO shall be set equal to 8 volume
(E30094 volume percent). If the E300 percent.
level of the target fuel is greater than (10) If the aromatics level of the tar-
95 volume percent and get fuel is greater than 46 volume per-
[80.32+(0.390ARO)] also is greater than cent, then ARO shall be set equal to
94, then E300 shall be set equal to 1 (ARO 46 volume percent).
volume percent. (11) If neither of the conditions estab-
(14) If neither of the conditions estab- lished in paragraphs (c)(1)(iv)(D)(9) and
lished in paragraphs (c)(1)(iv)(C)(12) (10) of this section are met, then ARO
and (13) of this section are met, then shall be set equal to zero.
E300 shall be set equal to zero. (12) If the E300 level of the target fuel
(D) During Phase II, the edge tar- is less than 72 percent, then E300 shall
get fuel is identical to the target fuel be set equal to (E300 72 percent).
for all fuel parameters, with the fol- (13) If the E300 level of the target fuel
lowing exceptions: is greater than 94 volume percent and
(1) If the E200 level of the target fuel (79.75 + (0.385 ARO)) also is greater
is less than 33 volume percent, then the than 94, then E300 shall be set equal to
E200 value for the edge target fuel (E300 94 volume percent). If the E300
shall be set equal to 33 volume percent. level of the target fuel is greater than
(2) If the aromatics level of the tar- 95 volume percent and (79.75 + (0.385
get fuel is less than 18 volume percent, ARO)) also is greater than 94, then
then the ARO value for the edge tar- E300 shall be set equal to 1 volume
get fuel shall be set equal to 18 vol- percent.
ume percent. (2) The winter exhaust VOC emis-
(3) If the aromatics level of the tar- sions performance of gasolines shall be
get fuel is greater than 46 volume per- given by the equations presented in
cent, then the ARO value for the edge paragraph (c)(1) of this section with the
target fuel shall be set equal to 46 vol- RVP value set to 8.7 psi for both the
ume percent. baseline and target fuels.
(4) If the E300 level of the target fuel (3) The nonexhaust VOC emissions
is less than 72 volume percent, then the performance of gasolines in VOC Con-
E300 value for the edge target fuel trol Region 1 shall be given by the fol-
shall be set equal to 72 volume percent. lowing equations, where:
(5) If the E300 level of the target fuel
is greater than 95 volume percent, then VOCNE1 = Total nonexhaust emissions of
the E300 value of the target fuel shall volatile organic compounds in VOC Control
be set equal to 95 volume percent for Region 1 in grams per mile
VOCDI1 = Diurnal emissions of volatile or-
the purposes of calculating VOC emis-
ganic compounds in VOC Control Region 1
sions with the Phase II equation given in grams per mile
in paragraph (c)(1)(iv)(B) of this sec- VOCHS1 = Hot soak emissions of volatile or-
tion. ganic compounds in VOC Control Region 1
(6) If [79.75+(0.385ARO)] exceeds 94 in grams per mile
for the target fuel, then the E300 value VOCRL1 = Running loss emissions of volatile
for the edge target fuel shall be set organic compounds in VOC Control Region
equal to 94 volume percent. 1 in grams per mile
(7) If the E200 level of the target fuel VOCRF1 = Refueling emissions of volatile or-
is less than 33 volume percent, then ganic compounds in VOC Control Region 1
in grams per mile
E200 shall be set equal to (E20033
volume percent). (i) During Phase I:

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Environmental Protection Agency 80.45
VOCNE1 = VOCDI1 + VOCHS1 + VOCRL1 + priate baseline emissions given in para-
VOCRF1 graph (b)(3) of this section. Total non-
VOCDI1 = [0.00736 (RVP2)] [0.0790 RVP] exhaust VOC emissions shall be set
+ 0.2553
VOCHS1 = [0.01557 (RVP2)] [0.1671 RVP] equal to zero under winter conditions.
+ 0.5399 (6) Total VOC emissions. (i) Total sum-
VOCRL1 = [0.00279 (RVP2)] + [0.1096 RVP] mer VOC emissions shall be given by
0.7340 the following equations:
VOCRF1 = [0.006668 RVP] 0.0180
VOCS1 = (VOCE / 1000) + VOCNE1
(ii) During Phase II: VOCS2 = (VOCE / 1000) + VOCNE2
VOCNE1 = VOCDI1 + VOCHS1 + VOCRL1 + VOCS1 = Total summer VOC emissions in
VOCRF1 VOC Control Region 1 in terms of grams
VOCDI1 = [0.007385 (RVP2)] [0.08981 per mile
RVP] + 0.3158 VOCS2 = Total summer VOC emissions in
VOCHS1 = [0.006654 (RVP2)] [0.08094 VOC Control Region 2 in terms of grams
RVP] + 0.2846 per mile
VOCRL1 = [0.017768 (RVP2)] [0.18746
(ii) Total winter VOC emissions shall
RVP] + 0.6146
VOCRF1 = [0.004767 RVP] + 0.011859 be given by the following equations:
(4) The nonexhaust VOC emissions VOCW = (VOCE/1000)
performance of gasolines in VOC Con- VOCW = Total winter VOC emissions in
trol Region 2 shall be given by the fol- terms of grams per mile
lowing equations, where: (7) Phase I total VOC emissions per-
VOCNE2 = Total nonexhaust emissions of formance. (i) The total summer VOC
volatile organic compounds in VOC Control emissions performance of the target
Region 2 in grams per mile fuel in percentage terms from baseline
VOCDI2 = Diurnal emissions of volatile or- levels shall be given by the following
ganic compounds in VOC Control Region 2 equations during Phase I:
in grams per mile
VOCHS2 = Hot soak emissions of volatile or- VOCS1% = [100% (VOCS11.306 g/mi)]/
ganic compounds in VOC Control Region 2 (1.306 g/mi)
in grams per mile VOCS2% = [100% (VOCS21.215 g/mi)]/
VOCRL2 = Running loss emissions of volatile
organic compounds in VOC Control Region (1.215 g/mi)
2 in grams per mile VOC1% = Percentage change in VOC
VOCRF2 = Refueling emissions of volatile or- emissions from baseline levels in
ganic compounds in VOC Control Region 2 VOC Control Region 1
in grams per mile VOC2% = Percentage change in VOC
(i) During Phase I: emissions from baseline levels in
VOC Control Region 2
VOCNE2 = VOCDI2 + VOCHS2 + VOCRL2 +
VOCRF2 (ii) The total winter VOC emissions
VOCDI2 = [0.006818 (RVP2)] [0.07682 performance of the target fuel in per-
RVP] + 0.2610 centage terms from baseline levels
VOCHS2 = [0.014421 (RVP2)] [0.16248 shall be given by the following equa-
RVP] + 0.5520
tions during Phase I:
VOCRL2 = [0.016255 (RVP2)] [0.1306
RVP] + 0.2963 VOCW% = [100% (VOCW0.660 g/mi)]/
VOCRF2 = [0.006668 RVP] 0.0180 (0.660 g/mi)
(ii) During Phase II: VOCW% = Percentage change in winter
VOC emissions from baseline levels
VOCNE2 = VOCDI2 + VOCHS2 + VOCRL2 +
VOCRF2 (8) Phase II total VOC emissions per-
VOCDI2 = [0.004775 (RVP2)] [0.05872 formance. (i) The total summer VOC
RVP] + 0.21306 emissions performance of the target
VOCHS2 = [0.006078 (RVP2)] [0.07474
fuel in percentage terms from baseline
RVP] + 0.27117
VOCRL2 = [0.016169 (RVP2)] [0.17206 levels shall be given by the following
RVP] + 0.56724 equations during Phase II:
VOCRF2 = [0.004767 RVP] + 0.011859 VOCS1% = [100% (VOCS11.4663 g/
(5) Winter VOC emissions shall be mi)]/(1.4663 g/mi)
given by VOCE, as defined in paragraph VOCS2% = [100% (VOCS21.3991 g/
(c)(2) of this section, using the appro- mi)]/(1.3991 g/mi)

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80.45 40 CFR Ch. I (7101 Edition)

(ii) The total winter VOC emissions (iii) Flat line extrapolations. (A) Dur-
performance of the target fuel in per- ing Phase I, fuels with olefin levels less
centage terms from baseline levels than 3.77 volume percent shall be eval-
shall be given by the following equa- uated with the OLE fuel parameter set
tion during Phase II: equal to 3.77 volume percent when cal-
culating NOX performance using the
VOCW% = [100% (VOC 1.341 g/mi)] /
equations described in paragraphs
(1.341 g/mi)
(d)(1)(i) and (ii) of this section. Fuels
(d) NOX performance. (1) The summer with aromatics levels greater than 36.2
NOX emissions performance of gaso- volume percent shall be evaluated with
lines shall be given by the following the ARO fuel parameter set equal to
equations: 36.2 volume percent when calculating
NOX = NOX(b)+[NOX(b) Y(t)/100] NOX performance using the equations
described in paragraphs (d)(1)(i) and (ii)
YNOX(t) = (w1 Nn)+(w2 Hn)1 100
of this section.
where (B) During Phase II, fuels with olefin
NOX = NOX emissions in milligrams/mile levels less than 3.77 volume percent
YNOx(t) = NOX performance of target fuel in shall be evaluated with the OLE fuel
terms of percentage change from baseline parameter set equal to 3.77 volume per-
NOX(b) = Baseline NOX emissions as defined cent when calculating NOX perform-
in paragraph (b)(2) of this section for the ance using the equations described in
appropriate phase and season
paragraphs (d)(1)(i) and (ii) of this sec-
Nn = exp n1(t)/exp n1(b)
Hn = exp n2(t)/exp n2(b)
tion. Fuels with aromatics levels great-
w1 = Weighting factor for normal emitters as er than 36.8 volume percent shall be
defined in paragraph (b)(1) of this section evaluated with the ARO fuel parameter
for the appropriate Phase set equal to 36.8 volume percent when
w2 = Weighting factor for higher emitters as calculating NOX performance using the
defined in paragraph (b)(1) of this section equations described in paragraphs
for the appropriate Phase (d)(1)(i) and (ii) of this section.
n1(t) = Normal emitter NOX equation as de- (iv) Linear extrapolations. (A) The
fined in paragraph (d)(1)(i) of this section,
equations in paragraphs (d)(1)(i) and
evaluated using the target fuels properties
subject to paragraphs (d)(1)(iii) and (iv) of (ii) of this section shall be used within
this section the allowable range of SUL, OLE, and
n2(t) = Higher emitter NOX equation as de- ARO for the appropriate Phase, as de-
fined in paragraph (d)(1)(ii) of this section, fined in the following table 7:
evaluated using the target fuels properties
subject to paragraphs (d)(1)(iii) and (iv) of TABLE 7ALLOWABLE RANGES OF SUL, OLE,
this section AND ARO FOR THE NOX EQUATIONS IN PARA-
n1(b) = Normal emitter NOX equation as de- GRAPHS/(D)(1)(I) AND (II) OF THIS SECTION
fined in paragraph (d)(1)(i) of this section,
evaluated using the base fuels properties Phase I Phase II
n2(b) = Higher emitter NOX equation as de- Fuel parameter High High
fined in paragraph (d)(1)(ii) of this section, Low end Low end
end end
evaluated using the base fuels properties
SUL ........................ 10.0 450.0 10.0 450.0
(i) Consolidated equation for normal OLE ....................... 3.77 19.0 3.77 19.0
emitters. ARO ....................... 18.0 36.2 18.0 36.8

n1 = (0.0018571 OXY) + (0.0006921 (B) For fuels with SUL, OLE, and/or
SUL) + (0.0090744 RVP) + (0.0009310 ARO levels outside the ranges defined
E200)+ (0.0008460 E300)+ (0.0083632 in table 7 of paragraph (d)(1)(iv)(A) of
ARO) + (0.002774 OLE) + this section, Ynox(t) shall be defined as:
(6.63X107 SUL2) + (0.000119 (1) For Phase I:
ARO2) + (0.0003665 OLE2)
YNox(t) = 100% 0.82 [exp(n1(et)) /
(ii) Equation for higher emitters. exp(n1(b))1] + 100% 0.18
n2 = (0.00913 OXY) + (0.000252 SUL) [exp(n2(et))/exp(n2(b))1] + {100% 0.82
+ (0.01397 RVP) + (0.000931 E200) [exp(n1(et)) / exp(n1(b))]
+ (0.00401 E300) + (0.007097 ARO) [{[(0.00000133 SULet) + 0.000692]
+ (0.00276 OLE) + (0.0003665 SUL} + {[(0.000238 AROet) +
OLE2) + (7.995x105 ARO2) 0.0083632] ARO} + {[(0.000733 OLEet)

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Environmental Protection Agency 80.45

0.002774] OLE}]} + {100% 0.18 shall be set equal to 8 volume per-


[exp(n2(et)) / exp(n2(b))] [{0.000252 cent.
SUL} + {[(0.0001599 AROet) + (10) If the aromatics level of the tar-
0.007097] ARO} + {[(0.000732 OLEet) get fuel is greater than or equal to 18
0.00276] OLE{]} volume percent, then ARO shall be set
equal to zero.
(2) For Phase II:
(11) If the olefins level of the target
(C) For both Phase I and Phase II, the fuel is greater than 19 volume percent,
edge target fuel is identical to the then OLE shall be set equal to
target fuel for all fuel parameters, with (OLE19 volume percent).
the following exceptions: (12) If the olefins level of the target
(1) If the sulfur level of the target fuel is less than or equal to 19 volume
fuel is less than 10 parts per million, percent, then OLE shall be set equal
then the value of SUL for the edge to zero.
target fuel shall be set equal to 10 (2) The winter NOX emissions per-
parts per million. formance of gasolines shall be given by
(2) If the sulfur level of the target the equations presented in paragraph
fuel is greater than 450 parts per mil- (d)(1) of this section with the RVP
lion, then the value of SUL for the value set to 8.7 psi.
edge target fuel shall be set equal to (3) The NOX emissions performance of
450 parts per million. the target fuel in percentage terms
(3) If the aromatics level of the tar- from baseline levels shall be given by
get fuel is less than 18 volume percent, the following equations:
then the value of ARO for the edge For Phase I:
target fuel shall be set equal to 18 vol-
ume percent. Summer NOX% = [100% (NOX0.660 g/
(4) If the olefins level of the target mi)]/(0.660 g/mi)
fuel is greater than 19 volume percent, Winter NOX% = [100% (NOX0.750 g/
then the value of OLE for the edge mi)]/(0.750 g/mi)
target fuel shall be set equal to 19 vol-
For Phase II:
ume percent.
(5) If the E300 level of the target fuel Summer NOX% = [100% (NOX1.340 g/
is greater than 95 volume percent, then mi)]/(1.340 g/mi)
the E300 value of the target fuel shall Winter NOX% = [100% (NOX1.540 g/
be set equal to 95 volume percent for mi)]/(1.540 g/mi)
the purposes of calculating NOX emis- Summer NOX% = Percentage change in
sions with the equations given in para- NOX emissions from summer baseline
graph (d)(1)(iv)(B) of this section. levels
(6) If the sulfur level of the target Winter NOX% = Percentage change in
fuel is less than 10 parts per million, NOX emissions from winter baseline
then SUL shall be set equal to levels
(SUL10 parts per million).
(e) Toxics performance(1) Summer
(7) If the sulfur level of the target toxics performance. (i) Summer toxic
fuel is greater than 450 parts per mil- emissions performance of gasolines in
lion, then SUL shall be set equal to VOC Control Regions 1 and 2 shall be
(SUL450 parts per million). given by the following equations:
(8) If the sulfur level of the target
fuel is neither less than 10 parts per TOXICS1 = EXHBZ + FORM + ACET +
million nor greater than 450 parts per BUTA + POM + NEBZ1
million, SUL shall be set equal to TOXICS2 = EXHBZ + FORM + ACET +
zero. BUTA + POM + NEBZ2
(9) If the aromatics level of the tar- where
get fuel is less than 18 volume percent
TOXICS1 = Summer toxics performance in
and greater than 10 volume percent, VOC Control Region 1 in terms of milli-
then ARO shall be set equal to grams per mile.
(ARO18 volume percent). If the aro- TOXICS2 = Summer toxics performance in
matics level of the target fuel is less VOC Control Region 2 in terms of milli-
than 10 volume percent, then ARO grams per mile.

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80.45 40 CFR Ch. I (7101 Edition)
EXHBZ = Exhaust emissions of benzene in FORM = Emissions of formaldehyde in terms
terms of milligrams per mile, as deter- of milligrams per mile, as determined in
mined in paragraph (e)(4) of this section. paragraph (e)(5) of this section.
FORM = Emissions of formaldehyde in terms ACET = Emissions of acetaldehyde in terms
of milligrams per mile, as determined in of milligrams per mile, as determined in
paragraph (e)(5) of this section. paragraph (e)(6) of this section.
ACET = Emissions of acetaldehyde in terms BUTA = Emissions of 1,3-butadiene in terms
of milligrams per mile, as determined in of milligrams per mile, as determined in
paragraph (e)(6) of this section. paragraph (e)(7) of this section.
BUTA = Emissions of 1,3-butadiene in terms POM = Polycyclic organic matter emissions
of milligrams per mile, as determined in in terms of milligrams per mile, as deter-
paragraph (e)(7) of this section. mined in paragraph (e)(8) of this section.
POM = Polycyclic organic matter emissions
in terms of milligrams per mile, as deter- (ii) The percentage change in winter
mined in paragraph (e)(8) of this section. toxics performance in VOC Control Re-
NEBZ1 = Nonexhaust emissions of benzene in gions 1 and 2 shall be given by the fol-
VOC Control Region 1 in milligrams per lowing equation:
mile, as determined in paragraph (e)(9) of For Phase I:
this section.
NEBZ2 = Nonexhaust emissions of benzene in TOXICW% = [100%(TOXICW58.36 mg/
VOC Control Region 2 in milligrams per mi)] / (58.36 mg/mi)
mile, as determined in paragraph (e)(10) of
this section. For Phase II:
(ii) The percentage change in sum- TOXICW% = [100%(TOXICW120.55
mer toxics performance in VOC Control mg/mi)] / (120.55 mg/mi)
Regions 1 and 2 shall be given by the where
following equations: TOXICW% = Percentage change in winter
For Phase I: toxics emissions in VOC Control Regions 1
and 2 from baseline levels.
TOXICS1% = [100% (TOXICS1 48.61
mg/mi)]/(48.61 mg/mi) (3) The year-round toxics perform-
TOXICS2% = [100% (TOXICS2 47.58 ance in VOC Control Regions 1 and 2
mg/mi)] / (47.58 mg/mi) shall be derived from volume-weighted
performances of individual batches of
For Phase II: fuel as described in 80.67(g).
TOXICS1% = [100% (TOXICS1 86.34 (4) Exhaust benzene emissions shall
mg/mi)] / (86.34 mg/mi) be given by the following equation,
TOXICS2% = [100% (TOXICS2 85.61 subject to paragragh (e)(4)(iii) of this
mg/mi)]/(85.61 mg/mi) section:
where EXHBZ = BENZ(b) + (BENZ(b)
TOXICS1% = Percentage change in summer YBEN(t)/100)
toxics emissions in VOC Control Region 1 YBEN(t) = (w1 Nb) + (w2 Hb) 1
from baseline levels. 100
TOXICS2% = Percentage change in summer
toxics emissions in VOC Control Region 2 where
from baseline levels. EXHBZ = Exhaust benzene emissions in mil-
ligrams/mile
(2) Winter toxics performance. (i) Win- YBEN(t) = Benzene performance of target fuel
ter toxic emissions performance of gas- in terms of percentage change from base-
olines in VOC Control Regions 1 and 2 line.
shall be given by the following equa- BENZ(b) = Baseline benzene emissions as de-
tion, evaluated with the RVP set at 8.7 fined in paragraph (b)(2) of this section for
psi: the appropriate phase and season.
Nb = exp b1(t)/exp b1(b)
TOXICW = [EXHBZ + FORM + ACET + Hb = exp b2(t)/exp b2(b)
BUTA + POM] w1 = Weighting factor for normal emitters as
defined in paragraph (b)(1) of this section
where for the appropriate Phase.
TOXICW = Winter toxics performance in w2 = Weighting factor for higher emitters as
VOC Control Regions 1 and 2 in terms of defined in paragraph (b)(1) of this section
milligrams per mile. for the appropriate Phase.
EXHBZ = Exhaust emissions of benzene in b1(t) = Normal emitter benzene equation, as
terms of milligrams per mile, as deter- defined in paragraph (e)(4)(i) of this sec-
mined in paragraph (e)(4) of this section. tion, evaluated using the target fuels

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Environmental Protection Agency 80.45
properties subject to paragraph (e)(4)(iii) of w2 = Weighting factor for higher emitters as
this section. defined in paragraph (b)(1) of this section
b2(t) = Higher emitter benzene equation as for the appropriate Phase.
defined in paragraph (e)(4)(ii) of this sec- f1(t) = Normal emitter formaldehyde equa-
tion, evaluated using the target fuels tion as defined in paragraph (e)(5)(i) of this
properties subject to paragraph (e)(4)(iii) of section, evaluated using the target fuels
this section. properties subject to paragraphs (e)(5) (iii)
b1(b) = Normal emitter benzene equation as and (iv) of this section.
defined in paragraph (e)(4)(i) of this sec- f2(t) = Higher emitter formaldehyde equation
tion, evaluated for the base fuels prop- as defined in paragraph (e)(5)(ii) of this sec-
erties. tion, evaluated using the target fuels
b2(b) = Higher emitter benzene equation, as properties subject to paragraphs (e)(5) (iii)
defined in paragraph (e)(4)(ii) of this sec- and (iv) of this section.
tion, evaluated for the base fuels prop- f1(b) = Normal emitter formaldehyde equa-
erties. tion as defined in paragraph (e)(5)(i) of this
(i) Consolidated equation for normal section, evaluated for the base fuels prop-
erties.
emitters.
f2(b) = Higher emitter formaldehyde equation
b1 = (0.0006197 SUL) + (0.003376 as defined in paragraph (e)(5)(ii) of this sec-
E200) + (0.0265500 ARO) + (0.2223900 tion, evaluated for the base fuels prop-
BEN) erties.

(ii) Equation for higher emitters. (i) Consolidated equation for normal
emitters.
b2 = (0.096047 OXY) + (0.0003370
SUL) + (0.0112510 E300) + (0.0118820 f1 = (0.010226 E300) + (0.007166
ARO) + (0.2223180 BEN) ARO) + (0.0462131 MTB)
(iii) If the aromatics value of the tar- (ii) Equation for higher emitters.
get fuel is less than 10 volume percent, f2 = (0.010226 E300) + (0.007166
then an aromatics value of 10 volume ARO) + (0.031352 OLE) + (0.0462131
percent shall be used when evaluating MTB)
the equations given in paragraphs (e)(4)
(i) and (ii) of this section. If the E300 (iii) If the aromatics value of the tar-
value of the target fuel is greater than get fuel is less than 10 volume percent,
95 volume percent, then an E300 value then an aromatics value of 10 volume
of 95 volume percent shall be used when percent shall be used when evaluating
evaluating the equations in paragraphs the equations given in paragraphs (e)(5)
(e)(4)(i) and (ii) of this section. (i) and (ii) of this section. If the E300
(5) Formaldehyde mass emissions value of the target fuel is greater than
shall be given by the following equa- 95 volume percent, then an E300 value
tion, subject to paragraphs (e)(5) (iii) of 95 volume percent shall be used when
and (iv) of this section: evaluating the equations given in para-
graphs (e)(5) (i) and (ii) of this section.
FORM = FORM(b) + (FORM(b)
YFORM(t) / 100) (iv) When calculating formaldehyde
emissions and emissions performance,
YFORM(t) = [(w1 Nf) + (w2 Hf) 1]
oxygen in the form of alcohols which
100
are more complex or have higher mo-
where lecular weights than ethanol shall be
FORM = Exhaust formaldehyde emissions in evaluated as if it were in the form of
terms of milligrams/mile. ethanol. Oxygen in the form of methyl
YFORM(t) = Formaldehyde performance of tar- ethers other than TAME and MTBE
get fuel in terms of percentage change shall be evaluated as if it were in the
from baseline. form of MTBE. Oxygen in the form of
FORM(b) = Baseline formaldehyde emissions ethyl ethers other than ETBE shall be
as defined in paragraph (b)(2) of this sec-
tion for the appropriate Phase and season.
evaluated as if it were in the form of
Nf = exp f1(t)/exp f1(b) ETBE. Oxygen in the form of non-
Hf = exp f2(t)/exp f2(b) methyl, non-ethyl ethers shall be eval-
w1 = Weighting factor for normal emitters as uated as if it were in the form of ETBE.
defined in paragraph (b)(1) of this section Oxygen in the form of methanol or
for the appropriate Phase. non-alcohol, non-ether oxygenates

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80.45 40 CFR Ch. I (7101 Edition)

shall not be evaluated with the Com- (i) and (ii) of this section. If the E300
plex Model, but instead must be evalu- value of the target fuel is greater than
ated through vehicle testing per 80.48. 95 volume percent, then an E300 value
(6) Acetaldehyde mass emissions of 95 volume percent shall be used when
shall be given by the following equa- evaluating the equations given in para-
tion, subject to paragraphs (e)(6) (iii) graphs (e)(6) (i) and (ii) of this section.
and (iv) of this section: (iv) When calculating acetaldehyde
ACET = ACET(b) + (ACET(b)YACET(t)/ emissions and emissions performance,
100) oxygen in the form of alcohols which
YACET(t) = [(w1Na) + (w2Ha)1]100 are more complex or have higher mo-
lecular weights than ethanol shall be
where evaluated as if it were in the form of
ACET = Exhaust acetaldehyde emissions in ethanol. Oxygen in the form of methyl
terms of milligrams/mile ethers other than TAME and MTBE
YACET(t) = Acetaldehyde performance of tar-
get fuel in terms of percentage change
shall be evaluated as if it were in the
from baseline form of MTBE. Oxygen in the form of
ACET(b) = Baseline acetaldehyde emissions ethyl ethers other than ETBE shall be
as defined in paragraph (b)(2) of this sec- evaluated as if it were in the form of
tion for the appropriate phase and season ETBE. Oxygen in the form of non-
Na = exp a1(t)/exp a1(b) methyl, non-ethyl ethers shall be eval-
Ha = exp a2(t)/exp a2(b) uated as if it were in the form of ETBE.
w1 = Weighting factor for normal emitters as
defined in paragraph (b)(1) of this section
Oxygen in the form of methanol or
for the appropriate phase non-alcohol, non-ether oxygenates
w2 = Weighting factor for higher emitters as shall not be evaluated with the Com-
defined in paragraph (b)(1) of this section plex Model, but instead must be evalu-
for the appropriate phase ated through vehicle testing per 80.48.
a1(t) = Normal emitter acetaldehyde equa- (7) 1,3-butadiene mass emissions shall
tion as defined in paragraph (e)(6)(i) of this be given by the following equations,
section, evaluated using the target fuels
properties, subject to paragraphs (e)(6) (iii)
subject to paragraph (e)(7)(iii) of this
and (iv) of this section section:
a2(t) = Higher emitter acetaldehyde equation BUTA = BUTA(b) + (BUTA(b)YBUTA(t)/
as defined in paragraph (e)(6)(ii) of this sec-
tion, evaluated using the target fuels
100)
properties, subject to paragraphs (e)(6) (iii) YBUTA(t) = [(w1Nd) + (w2Hd)1]100
and (iv) of this section where
a1(b) = Normal emitter acetaldehyde equa-
tion as defined in paragraph (e)(6)(i) of this BUTA = Exhaust 1,3-butadiene emissions in
section, evaluated for the base fuels prop- terms of milligrams/mile
erties YBUTA(t) = 1,3-butadiene performance of tar-
f2(b) = Higher emitter acetaldehyde equation get fuel in terms of percentage change
as defined in paragraph (e)(6)(ii) of this sec- from baseline
tion, evaluated for the base fuels prop- BUTA(b) = Baseline 1,3-butadiene emissions
erties as defined in paragraph (b)(2) of this sec-
tion for the appropriate phase and season
(i) Consolidated equation for normal Nd = exp d1(t)/exp d1(b)
emitters. Hd = exp d2(t)/exp d2(b)
a1 = (0.0002631SUL)+ (0.0397860RVP) + w1 = eighting factor for normal emitters as
(0.012172E300) + (0.005525ARO) + defined in paragraph (b)(1) of this section
for the appropriate phase
(0.009594MTB) + (0.3165800ETB) +
w2 = Weighting factor for higher emitters as
(0.2492500ETH) defined in paragraph (b)(1) of this section
(ii) Equation for higher emitters. for the appropriate Phase.
d1(t) = Normal emitter 1,3-butadiene equa-
a2 = (0.0002627SUL)+ (0.012157E300) + tion as defined in paragraph (e)(7)(i) of this
(0.005548ARO) + (0.055980MTB) + section, evaluated using the target fuels
(0.3164665ETB) + (0.2493259ETH) properties, subject to paragraph (e)(7)(iii)
of this section.
(iii) If the aromatics value of the tar-
d2(t) = Higher emitter 1,3-butadiene equation
get fuel is less than 10 volume percent, as defined in paragraph (e)(7)(ii) of this sec-
then an aromatics value of 10 volume tion, evaluated using the target fuels
percent shall be used when evaluating properties, subject to paragraph (e)(7)(iii)
the equations given in paragraphs (e)(6) of this section.

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Environmental Protection Agency 80.45
d1(b) = Normal emitter 1,3-butadiene equa- NEBZ1 = Nonexhaust emissions of volatile
tion as defined in paragraph (e)(7)(i) of this organic compounds in VOC Control Region
section, evaluated for the base fuels prop- 1 in milligrams per mile.
erties. DIBZ1 = Diurnal emissions of volatile or-
d2(b) = Higher emitter 1,3-butadiene equation ganic compounds in VOC Control Region 1
as defined in paragraph (e)(7)(ii) of this sec- in milligrams per mile.
tion, evaluated for the base fuels prop- HSBZ1 = Hot soak emissions of volatile or-
erties. ganic compounds in VOC Control Region 1
in milligrams per mile.
(i) Consolidated equation for normal RLBZ1 = Running loss emissions of volatile
emitters. organic compounds in VOC Control Region
1 in milligrams per mile.
d1 = (0.0001552SUL)+ (0.007253E200) + RFBZ1 = Refueling emissions of volatile or-
(0.014866E300) + (0.004005ARO) + ganic compounds in VOC Control Region 1
(0.0282350OLE) in grams per mile.
VOCDI1 = Diurnal emissions of volatile or-
(ii) Equation for higher emitters. ganic compounds in VOC Control Region 1
d2 = (0.060771OXY)+ (0.007311E200) in milligrams per mile, as determined in
+ (0.008058E300) + (0.004005ARO) paragraph (c)(3) of this section.
VOCHS1 = Hot soak emissions of volatile or-
+ (0.0436960OLE) ganic compounds in VOC Control Region 1
(iii) If the aromatics value of the tar- in milligrams per mile, as determined in
get fuel is less than 10 volume percent, paragraph (c)(3) of this section.
VOCRL1 = Running loss emissions of volatile
then an aromatics value of 10 volume organic compounds in VOC Control Region
percent shall be used when evaluating 1 in milligrams per mile, as determined in
the equations given in paragraphs (e)(7) paragraph (c)(3) of this section.
(i) and (ii) of this section. If the E300 VOCRF1 = Refueling emissions of volatile or-
value of the target fuel is greater than ganic compounds in VOC Control Region 1
95 volume percent, then an E300 value in milligrams per mile, as determined in
of 95 volume percent shall be used when paragraph (c)(3) of this section.
evaluating the equations given in para- (10) Nonexhaust benzene emissions in
graphs (e)(7) (i) and (ii) of this section. VOC Control Region 2 shall be given by
(8) Polycyclic organic matter mass the following equations for both Phase
emissions shall be given by the fol- I and Phase II:
lowing equation:
NEBZ2 = DIBZ2 + HSBZ2 + RLBZ2 +
POM=0.003355VOCE RFBZ2
POM = Polycyclic organic matter HSBZ2 = 10 BEN VOCHS2 [(0.0342
emissions in terms of milligrams per MTB) + (0.080274 RVP) + 1.4448]
mile DIBZ2 = 10 BEN VOCD12 [(0.0290
VOCE = Non-methane, non-ethane ex- MTB) + (0.080274 RVP) + 1.3758]
haust emissions of volatile organic RLBZ2 = 10 BEN VOCRL2
compounds in grams per mile. [(0.0342 MTB) + (0.080274 RVP)
+ 1.4448]
(9) Nonexhaust benzene emissions in RFBZ2 = 10 BEN VOCRF2
VOC Control Region 1 shall be given by [(0.0296 MTB) + (0.081507 RVP)
the following equations for both Phase + 1.3972
I and Phase II:
where
NEBZ1 = DIBZ1 + HSBZ1 + RLBZ1 + NEBZ2 = Nonexhaust emissions of volatile
RFBZ1 organic compounds in VOC Control Region
HSBZ1 = 10 BEN VOCHS1 [(0.0342 2 in milligrams per mile.
MTB) + (0.080274 RVP) + 1.4448] DIBZ2 = Diurnal emissions of volatile or-
DIBZ1 = 10 BEN VOCD11 [(0.0290 ganic compounds in VOC Control Region 2
MTB) + (0.080274 RVP) + 1.3758] in milligrams per mile.
HSBZ2 = Hot soak emissions of volatile or-
RLBZ1 = 10 BEN VOCRL1 ganic compounds in VOC Control Region 2
[(0.0342 MTB) + (0.080274 RVP) in milligrams per mile.
+ 1.4448] RLBZ2 = Running loss emissions of volatile
RFBZ1 = 10 BEN VOCRF1 organic compounds in VOC Control Region
[(0.0296 MTB) + (0.081507 RVP) 2 in milligrams per mile.
+ 1.3972 RFBZ2 = Refueling emissions of volatile or-
ganic compounds in VOC Control Region 2
where in grams per mile.

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80.46 40 CFR Ch. I (7101 Edition)
VOCDI2 = Diurnal emissions of volatile or- (1) The sulfur content of gasoline
ganic compounds in VOC Control Region 2 must be determined by use of American
in milligrams per mile, as determined in Society for Testing and Materials
paragraph (c)(4) of this section.
VOCHS2 = Hot soak emissions of volatile or-
(ASTM) standard method D 262298, en-
ganic compounds in VOC Control Region 2 titled Standard Test Method for Sul-
in milligrams per mile, as determined in fur in Petroleum Products by Wave-
paragraph (c)(4) of this section. length Dispersive X-ray Fluorescence
VOCRL2 = Running loss emissions of volatile Spectrometry.
organic compounds in VOC Control Region (2) The sulfur content of butane must
2 in milligrams per mile, as determined in be determined by the use of ASTM
paragraph (c)(4) of this section.
VOCRF2 = Refueling emissions of volatile or-
standard method D 324696, entitled
ganic compounds in VOC Control Region 2 Standard Test Method for Sulfur in
in milligrams per mile, as determined in Petroleum Gas by Oxidative
paragraph (c)(4) of this section. Microcoulometry.
(f) Limits of the model. (1) The equa- (b) Olefins. Olefin content shall be de-
tions described in paragraphs (c), (d), termined using ASTM standard method
and (e) of this section shall be valid D131993, entitled Standard Test
only for fuels with fuel properties that Method for Hydrocarbon Types in Liq-
fall in the following ranges for refor- uid Petroleum Products by Fluorescent
mulated gasolines and conventional Indicator Adsorption.
gasolines: (c) Reid vapor pressure (RVP). Reid
(i) For reformulated gasolines: Vapor Pressure (RVP) shall be deter-
mined using the procedure described in
Fuel property Acceptable range 40 CFR part 80, appendix E, Method 3.
Oxygen ............... 0.04.0 weight percent. (d) Distillation. (1) Distillation param-
Sulfur .................. 0.0500.0 parts per million by weight. eters shall be determined using ASTM
RVP .................... 6.410.0 pounds per square inch. standard method D8690, entitled
E200 ................... 30.070.0 percent evaporated. Standard Test Method for Distillation
E300 ................... 70.0100.0 percent evaporated.
Aromatics ............ 0.050.0 volume percent. of Petroleum Products; except that
Olefins ................ 0.025.0 volume percent. (2) The figures for repeatability and
Benzene ............. 0.02.0 volume percent. reproducibility given in degrees Fahr-
enheit in table 9 in the ASTM method
(ii) For conventional gasoline: are incorrect, and shall not be used.
Fuel property Acceptable range (e) Benzene. (1) Benzene content shall
be determined using ASTM standard
Oxygen ............... 0.004.0 weight percent.
method D360699, entitled Standard
Sulfur .................. 0.01000.0 parts per million by weight.
RVP .................... 6.411.0 pounds per square inch. Test Method for Determination of Ben-
E200 ................... 30.070.0 evaporated percent. zene and Toluene in Finished Motor
E300 ................... 70.0100.0 evaporated percent. and Aviation Gasoline by Gas Chroma-
Aromatics ............ 0.055.0 volume percent.
Olefins ................ 0.030.0 volume percent.
tography; except that
Benzene ............. 0.04.9 volume percent. (2) Instrument parameters shall be
adjusted to ensure complete resolution
(2) Fuels with one or more properties of the benzene, ethanol and methanol
that do not fall within the ranges de- peaks because ethanol and methanol
scribed in above shall not be certified may cause interference with ASTM
or evaluated for their emissions per- standard method D360699 when
formance using the complex emissions present.
model described in paragraphs (c), (d), (f) Aromatics. Aromatics content shall
and (e) of this section. be determined by gas chromatography
[59 FR 7813, Feb. 16, 1994, as amended at 59 identifying and quantifying each aro-
FR 36959, July 20, 1994; 62 FR 68206, Dec. 31, matic compound as set forth in para-
1997] graph (f)(1) of this section.
(1)(i) Detector. The detector is an
80.46 Measurement of reformulated atomic mass spectrometer detector
gasoline fuel parameters. (MSD). The detector may be set for ei-
(a) Sulfur. Sulfur content of gasoline ther selective ion or scan mode.
and butane must be determined by use (ii) Method A. (A) The initial study of
of the following methods: this method used a three component

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Environmental Protection Agency 80.46

internal standard using the following stracts Service Registry Number


calculations. (CAS), atomic mass unit (amu) on
(B) The calibration points are con- which the detector must be set at the
structed by calculating an amount corresponding retention time if used in
ratio and response ratio for each level the selective ion mode, retention times
of a particular peak in the instru- in minutes, and boiling point in C.
ments calibration table. (Other, similar, boiling point materials
(C) The amount ratio is the amount can be used which are not found in gas-
of the compound divided by the amount oline.) Retention times are approxi-
of the internal standard for a given mate and apply only to a 60 meter cap-
level. illary column used in the initial study.
(D) The response ratio is the response Other columns and retention times can
of the compound divided by the re- be used.
sponse of the internal standard at this (1) 4-methyl-2-pentanone, 50 vol%
level. [108101], 43.0 amu, 22.8 min., bp 118;
(E) The equation for the curve (2) benzyl alcohol, 25 vol%, [100516],
through the calibration points is cal- 108 amu, 61.7 min., bp 205;
culated using the type fit and origin (3) 1-octanol, [111875], 25 vol%, 56.0
handling specified in the instruments amu, 76.6 min., bp 196;
calibration table. In the initial study (K) At least two calibration mixtures
the fit was a second degree polynomial which bracket the measured total aro-
including a forced zero for the origin. matics concentration must be made
(F) The response of the compound in with a representative mixture of aro-
a sample is divided by the response of matic compounds. The materials and
the internal standard to provide a re- concentrations used in the highest con-
sponse ratio for that compound in the centration calibration level in the ini-
sample. tial study for this method are listed in
(G) A corrected amount ratio for the this paragraph (f)(1)(ii)(K). Also listed
unknown is calculated using the curve is the Chemical Abstracts Service Reg-
fit equation determined in paragragh istry Number (CAS), atomic mass unit
(f)(1)(ii)(E) of this section. (amu) on which the detector must be
(H) The amount of the aromatic com- set for the corresponding retention
pound is equal to the corrected amount time if used in the selective ion mode,
ratio times the Amount of Internal retention times in minutes, and in
Standard. some cases boiling point in C. The
(I) The total aromatics in the sample standards are made in 2,2,4-
is the sum of the amounts of the indi- trimethylpentane (iso-octane), [54084
vidual aromatic compounds in the sam- 1]. Other aromatic compounds, and re-
ple. tention times may be acceptable as
(J) An internal standard solution can long as the aromatic values produced
be made with the following compounds meet the criteria found in the quality
at the listed concentrations in volume assurance section for the aromatic
percent. Also listed is the Chemical Ab- methods.
Concentration (per- Boiling
Compound CAS No. AMU Retention time
cent) point, C

Benzene ................................................. 2.25 vol ................... 71432 78 18.9 min .................. 80.1
Methylbenzene ....................................... 10.0 vol ................... 108883 91 25.5 min .................. 111
Ethylbenzene ......................................... 5.0 vol ..................... 100414 91 34.1 min .................. 136.2
1,3-Dimethylbenzene ............................. 5 vol ........................ 108383 91 35.1 min .................. 136138
1,4-Dimethylbenzene ............................. 106423
1,2-dimethylbenzene .............................. 10 vol ...................... 95476 91 38.1 min .................. 144
(1-methylethyl)-benzene ........................ 2.25 vol ................... 98828 105 42.8 min .................. ....................
Propylbenzene ....................................... 2.25 vol ................... 103651 91 48.0 min .................. 159.2
1-ethyl-2-methylbenzene ........................ 2.25 vol ................... 611143 105 49.3 min .................. 165
1,2,4-trimethylbenzene ........................... 2.25 vol ................... 95636 105 50.9 min .................. 169
1,2,3-trimethylbenzene ........................... 2.25 vol ................... 526738 105 53.3 min .................. ....................
1,3-diethylbenzene ................................. 2.25 vol ................... 141935 119 56.6 min .................. 181
Butylbenzene ......................................... 2.25 vol ................... 104518 91 60.7 min .................. 183
o-Cymene ............................................... 2.25 vol ................... 527844 119 63.9 min .................. ....................
1-ethyl-3-methylbenzene ........................ 2.25 vol ................... 620144 105 64.2 min .................. ....................
m-Cymene .............................................. 2.25 vol ................... 535773 119 69.0 min .................. ....................
p-Cymene ............................................... 2.25 vol ................... 99876 119 73.0 min .................. ....................

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80.46 40 CFR Ch. I (7101 Edition)

Concentration (per- Boiling


Compound CAS No. AMU Retention time
cent) point, C

Isobutylbenzene ..................................... 2.25 vol ................... 538932 91 75.0 min .................. ....................
Indan ...................................................... 2.25 vol ................... 496117 117 50.0 min .................. ....................
1-methyl-3-propylbenzene ..................... 2.25 vol ................... 1074437 105 78.9 min .................. ....................
2-ethyl-1,4-dimethylbenzene .................. 2.25 vol ................... 1758889 119 83.2 min .................. 187
1,2,4,5-tetramethylbenzene ................... 2.25 vol ................... 95932 119 83.4 min .................. ....................
1-ethyl-2,4-dimethylbenzene .................. 2.25 vol ................... 874419 119 85.7 min .................. ....................
(1,1-dimethylethyl)-3-methylbenzene ..... 2.25 vol ................... 27138212 133 87.3 min .................. ....................
1-ethyl-2,3-dimethylbenzene .................. 2.25 vol ................... 933982 119 88.7 min .................. ....................
1-ethyl-1,4-dimethylbenzene .................. 2.25 vol ................... 874419 119 94.9 min .................. ....................
2-ethyl-1,3-dimethylbenzene .................. 2.25 vol ................... 2870044 119 100.9 min ................ ....................
1-ethyl-3,5-dimethylbenzene .................. 2.25 vol ................... 934747 119 102.5 min ................ ....................
1,2,3,5-tetramethylbenzene ................... 2.25 vol ................... 527537 119 115.9 min ................ ....................
Pentylbenzene ....................................... 2.25 vol ................... 538681 91 116 min ................... ....................
Naphthalene ........................................... 2.25 vol ................... 191203 128 118.4 min ................ 198
3,5-dimethyl-t-butylbenzene ................... 2.25 vol ................... 98191 147 118.5 min ................ 205.3
1-methylnaphthalene .............................. 2.25 vol ................... 90120 142 129.0 min ................ ....................
2-methylnaphthalene .............................. 2.25 vol ................... 91576 142 131.0 min ................ ....................

(iii) Method B. (A) Use a percent nor- ple and meets the following quality
malized format to determine the con- control criteria.
centration of the individual com- (2) Quality assurance. (i) The per-
pounds. No internal standard is used in formance standards will be from re-
this method. peated measurement of the calibration
(B) The calculation of the aromatic mixture, standard reference material,
compounds is done by developing cali- or process control gasoline. The uncer-
bration curves for each compound tainty in the measured aromatics per-
using the type fit and origin handling centages in the standards must be less
specified in the instruments calibra- than 2.0 volume percent in the fuel at
tion table. a 95% confidence level.
(C) The amount of compound in a (ii) If the bias of the standard mean
sample (the corrected amount) is cal- is greater than 2% of the theoretical
culated using the equation determined value, then the standard measurement
in paragraph (f)(1)(ii) of this section for and measurements of all samples meas-
that compound. ured subsequent to the previous stand-
ard measurement that met the per-
(D) The percent normalized amount
formance criteria must be repeated
of a compound is calculated using the
after re-calibrating the instrument.
following equation:
(iii) Replicate samples must be with-
in 3.0 volume percent of the previous
A
A n = 100 c sample or within 2.0 volume percent of
As the mean at the 95% confidence level.
(3) Alternative test method. (i) Prior to
where: September 1, 2004, any refiner or im-
porter may determine aromatics con-
An = percent normalized amount of a com-
pound
tent using ASTM standard methods D
Ac = corrected amount of the compound
131999, entitled, Standard Test Meth-
As = sum of all the corrected amounts for all od for Hydrocarbon Types in Liquid Pe-
identified compounds in the sample troleum Products by Flourescent Indi-
cator Adsorption, for purposes of
(E) The total aromatics is the sum of meeting any testing requirement in-
all the percent normalized aromatic volving aromatics content; provided
amounts in the sample. that
(F) This method allows quantifica- (ii) The refiner or importer test re-
tion of non-aromatic compounds in the sult is correlated with the method
sample. However, correct quantifica- specified in paragraph (f)(1) of this sec-
tion can only be achieved if the instru- tion.
ments calibration table can identify (g) Oxygen and oxygenate content anal-
the compounds that are responsible for ysis. Oxygen and oxygenate content
at least 95 volume percent of the sam- shall be determined by the gas

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Environmental Protection Agency 80.46

chromatographic procedure using an the methane generated is determined


oxygenate flame ionization detector by a flame ionization detector (FID).
(GC-OFID) as set out in paragraphs (g) (3) Sample handling and preservation.
(1) through (8) of this section. (i) Samples shall be collected and
(1) Introduction; scope of application. stored in containers which will protect
(i) The following single-column, direct- them from changes in the oxygenated
injection gas chromatographic proce- component contents of the gasoline,
dure is a technique for quantifying the such as loss of volatile fractions of the
oxygenate content of gasoline. gasoline by evaporation.
(ii) This method covers the quan- (ii) If samples have been refrigerated
titative determination of the oxygen- they shall be brought to room tempera-
ate content of gasoline through the use ture prior to analysis.
of an oxygenate flame ionization detec- (iii) Gasoline is extremely flammable
tor (OFID). It is applicable to indi- and should be handled cautiously and
vidual organic oxygenated compounds with adequate ventilation. The vapors
(up to 20 mass percent each) in gasoline are harmful if inhaled and prolonged
having a final boiling point not greater breathing of vapors should be avoided.
than 220 C. Samples above this level Skin contact should be minimized.
should be diluted to fall within the (4) Apparatus. (i) A GC equipped with
specified range. an oxygenate flame ionization detec-
(iii) The total concentration of oxy- tor.
gen in the gasoline, due to oxygenated (ii) An autosampler for the GC is
components, may also be determined highly recommended.
with this method by summation of all (iii) A 60-m length, 0.25-mm ID, 1.0-
peak areas except for dissolved oxygen, m film thickness, nonpolar capillary
water, and the internal standard. Sen- GC column (J&W DB1 or equivalent) is
sitivities to each component oxygenate recommended.
must be incorporated in the calcula- (iv) An integrator or other acceptable
tion. system to collect and process the GC
(iv) All oxygenated gasoline compo- signal.
nents (alcohols, ethers, etc.) may be as- (v) A positive displacement pipet (200
sessed by this method. L) for adding the internal standard.
(v) The total mass percent of oxygen (5) Reagents and materials. Gasoline
in the gasoline due to oxygenated com- and many of the oxygenate additives
ponents also may be determined with are extremely flammable and may be
this method by summing all peak areas toxic over prolonged exposure. Meth-
except for dissolved oxygen, water, and anol is particularly hazardous. Persons
the internal standard. performing this procedure must be fa-
(vi) Where trade names or specific miliar with the chemicals involved and
products are noted in the method, all precautions applicable to each.
equivalent apparatus and chemical re- (i) Reagent grade oxygenates for in-
agents may be used. Mention of trade ternal standards and for preparation of
names or specific products is for the as- standard solutions.
sistance of the user and does not con- (ii) Supply of oxygenate-free gasoline
stitute endorsement by the U.S. Envi- for blank assessments and for prepara-
ronmental Protection Agency. tion of standard solutions.
(2) Summary of method. A sample of (iii) Calibration standard solutions
gasoline is spiked to introduce an in- containing known quantities of sus-
ternal standard, mixed, and injected pected oxygenates in gasoline.
into a gas chromatograph (GC) (iv) Calibration check standard solu-
equipped with an OFID. After tions prepared in the same manner as
chromatographic resolution the sample the calibration standards.
components enter a cracker reactor in (v) Reference standard solutions con-
which they are stoichiometrically con- taining known quantities of suspected
verted to carbon monoxide (in the case oxygenates in gasoline.
of oxygenates), elemental carbon, and (vi) Glass standard and test sample
hydrogen. The carbon monoxide then containers (between 5 and 100 Ml capac-
enters a methanizer reactor for conver- ity) fitted with a self-sealing
sion to water and methane. Finally, polytetrafluoroethlene (PTFE) faced

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80.46 40 CFR Ch. I (7101 Edition)

rubber septum crimp-on or screw-down (iv) Ensure that the prepared stand-
sealing cap for preparation of stand- ard is thoroughly mixed and transfer
ards and samples. approximately 2 Ml of the solution to a
(6) Calibration.(i)(A) Calibration vial compatible with the autosampler
standards of reagent-grade or better if such equipment is used.
oxygenates (such as methanol, absolute (v) At least five concentrations of
ethanol, methyl t-butyl ether (MTBE), each of the expected oxygenates should
di-i-propyl ether (DIPE), ethyl t-butyl be prepared. The standards should be as
ether (ETBE), and t-amyl methyl ether equally spaced as possible within the
(TAME)) are to be prepared gravimetri- range and may contain more than one
cally by blending with gasoline that oxygenate. A blank for zero concentra-
has been previously determined by GC/ tion assessments is also to be included.
OFID to be free of oxygenates. Newly Additional standards should be pre-
acquired stocks of reagent grade pared for other oxygenates of concern.
oxygenates shall be analyzed for con- (vi) Based on the recommended
tamination by GC/FID and GC/OFID be- chromatographic operating conditions
fore use. specified in paragraph (g)(7)(i) of this
(B) Required calibration standards section, determine the retention time
(percent by volume in gasoline): of each oxygenate component by ana-
lyzing dilute aliquots either separately
Number or in known mixtures. Reference
of stand- should be made to the Chemical Ab-
Range
Oxygenate ards
(percent) stracts Service (CAS) registry number
(min-
imum) of each of the analytes for proper iden-
Methanol .................................... 0.2512.00 5 tification. Approximate retention
Ethanol ...................................... 0.2512.00 5 times for selected oxygenates under
t-Butanol .................................... 0.2512.00 5 these conditions are as follows:
MTBE ......................................... 0.2515.00 5
Reten-
tion
(ii) Take a glass sample container Oxygenate CAS time
(min-
and its PTFE faced rubber septum seal- utes)
ing cap. Transfer a quantity of an oxy-
genate to the sample container and Dissolved oxygen .......................... 7782447 5.50
Water ............................................. 7732185 7.20
record the mass of the oxygenate to Methanol ........................................ 67561 9.10
the nearest 0.1 mg. Repeat this process Ethanol .......................................... 64175 12.60
for any additional oxygenates of inter- Propanone ..................................... 67641 15.00
2Propanol .................................... 67630 15.70
est except the internal standard. Add t-Butanol ........................................ 75650 18.00
oxygenate-free gasoline to dilute the n-Propanol ..................................... 71238 21.10
oxygenates to the desired concentra- MTBE ............................................. 1634044 23.80
tion. Record the mass of gasoline added 2Butanol ...................................... 15892236 26.30
i-Butanol ......................................... 78831 30.30
to the nearest 0.1 mg, and determine ETBE ............................................. 637923 31.10
and label the standard according to the n-Butanol ....................................... 71363 33.50
mass percent quantities of each oxy- TAME ............................................. 994058 35.30
i-Pentanol ...................................... 137326 38.10
genate added. These standards are not
to exceed 20 mass percent for any indi- (vii) By GC/OFID analysis, determine
vidual pure component due to potential the peak area of each oxygenate and of
hydrocarbon breakthrough and/or loss the internal standard.
of calibration linearity. (viii) Obtain a calibration curve by
(iii) Inject a quantity of an internal performing a least-squares fit of the
standard (such as 2-butanol) and weigh relative area response factors of the ox-
the contents again. Record the dif- ygenate standards to their relative
ference in masses as the mass of inter- mass response factors as follows:
nal standard to the nearest 0.1 mg. The
mass of the internal standard shall Rao = bo Rmo+b1(Rmo)2
amount to between 2 and 6 percent of where:
the mass of the test sample (standard). Rao = relative area response factor of the ox-
The addition of an internal standard ygenate, Ao/Ai
reduces errors caused by variations in Rmo = relative mass response factor of the ox-
injection volumes. ygenate, M/Mi

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Environmental Protection Agency 80.46
Ao = area of the oxygenate peak (C) Ensure that this test sample (gas-
Ai = area of the internal standard peak oline plus internal standard) is thor-
Mo = mass of the oxygenate added to the
oughly mixed and transfer approxi-
calibration standard
Mi = mass of internal standard added to the mately 2 mL of the solution to a vial
calibration standard compatible with the autosampler if
b0 = linear regression coefficient such equipment is used.
b1 = quadratic regression coefficient (iv) After GC/OFID analysis, identify
(7) Procedure. (i) GC operating condi- the oxygenates in the sample based on
tions: retention times, determine the peak
(A) Oxygenate-free helium carrier area of each oxygenate and of the in-
gas: 1.1 Ml/min (2 bar), 22.7 cm/sec at ternal standard, and calculate the rel-
115 C; ative area response factor for each oxy-
(B) Carrier gas split ratio: 1:100; genate.
(C) Zero air FID fuel: 370 Ml/min (2 (v) Monitor the peak area of the in-
bar); ternal standard. A larger than expected
(D) Oxygenate free hydrogen FID peak area for the internal standard
fuel: 15 Ml/min (2 bar); when analyzing a test sample may indi-
(E) Injector temperature: 250 C; cate that this oxygenate is present in
(F) Injection volume: 0.5 L; the original sample. Prepare a new ali-
(G) Cracker reactor temperature: suf- quot of the sample without addition of
ficiently high enough temperature to the oxygenate internal standard. If the
ensure reduction of all hydrocarbons to presence of the oxygenate previously
the elemental states (i.e., Cx H2x > C used as the internal standard can be
+ H2, etc.); detected, then either:
(H) FID temperature: 400 C; and (A) The concentration of this oxygen-
(I) Oven temperature program: 40 C ate must be assessed by the method of
for 6 min, followed by a temperature standard additions; or
increase of 5 C/min to 50 C, hold at 50
(B) An alternative internal standard,
C for 5 min, followed by a temperature
based on an oxygenate that is not
increase of 25 C/min to 175 C, and hold
present in the original sample, must be
at 175 C for 2 min.
utilized with new calibration curves.
(ii) Prior to analysis of any samples,
inject a sample of oxygenate-free gaso- (vi) Calculate the relative mass re-
line into the GC to test for hydro- sponse factor (Rmo) for each oxygenate
carbon breakthrough overloading the based on the relative area response fac-
cracker reactor. If breakthrough oc- tor (Rao) and the calibration equation
curs, the OFID is not operating effec- in paragraph (g)(6)(viii) of this section.
tively and must be corrected before (vii) Calculate the mass percent of
samples can be analyzed. the oxygenate in the test sample ac-
(iii) Prepare gasoline test samples for cording to the following equation:
analysis as follows:
R mo M i (100%)
(A) Tare a glass sample container and Mo % =
its PTFE faced rubber septum sealing
cap. Transfer a quantity of the gasoline
Ms
sample to the sample container and where:
record the mass of the transferred sam-
Mo% = mass percent of the oxygenate in the
ple to the nearest 0.1 mg.
test sample
(B) Inject a quantity of the same in-
Ms = mass of sample to which internal stand-
ternal standard (such as 2-butanol) ard is added
used in generating the standards and
weigh the contents again. Record the (viii) If the mass percent exceeds the
difference in masses as the mass of in- calibrated range, gravimetrically di-
ternal standard to the nearest 0.1 mg. lute a portion of the original sample to
The mass of the internal standard shall a concentration within the calibration
amount to between 2 and 6 percent of range and analyze this sample starting
the mass of the test sample (standard). with paragraph (g)(7)(iii) of this sec-
The addition of an internal standard tion.
reduces errors caused by variations in (ix) Report the total weight percent
injection volumes. oxygen as follows:

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80.46 40 CFR Ch. I (7101 Edition)

(A) Subtract the peak areas due to ing the last duplicate analysis con-
dissolved oxygen, water, and the inter- firmed to be within the compliance
nal standard from the total summed specifications must be repeated. The
peak areas of the chromatogram. specification limits for the range and
(B) Assume the total summed peak relative range of duplicate analyses are
area solely due to one of the minimum performance requirements.
oxygenates that the instrument is cali- The performance of individual labora-
brated for and determine the total tories may indeed be better than these
mass percent as that oxygenate based minimum requirements. For this rea-
on paragraph (g)(7)(vii) of this section. son it is recommended that control
For simplicity, chose an oxygenate charts be utilized to monitor the varia-
having one oxygen atom per molecule. bility of measurements in order to op-
(C) Multiply this concentration by timally detect abnormal situations and
the molar mass of oxygen and divide by ensure a stable measurement process.
the molar mass of the chosen oxygen- (E)(1) For reference purposes, a single
ate to determine the mass percent oxy- laboratory study of repeatability was
gen in the sample. For example, if the conducted on approximately 27 rep-
total peak area is based on MTBE, mul- licates at each of five concentrations
tiply by 16.00 (the molar mass of atom- for each oxygenate. The variation of
ic oxygen) and divide by 88.15 (the MTBE analyses as measured by stand-
molar mass of MTBE). ard deviation was very linear with re-
(x) Sufficient sample should be re- spect to concentration. Where con-
tained to permit reanalysis. centration is expressed as mass per-
(8) Quality control procedures and ac- cent, over the concentration range of
curacy. (i) The laboratory shall rou- 0.25 to 15.0 mass percent this relation-
tinely monitor the repeatability (preci- ship is described by the equation:
sion) of its analyses. The recommenda-
tions are: standard deviation = 0.00784C+0.0187
(A) The preparation and analysis of (2) The other oxygenates of interest,
laboratory duplicates at a rate of one methanol, ethanol, DIPE, ETBE, and
per analysis batch or at least one per TAME, had consistent coefficients of
ten samples, whichever is more fre- variation at one mass percent and
quent. above:
(B) Laboratory duplicates shall be
Coeffi-
carried through all sample preparation cient of
steps independently. Oxygenate Concentration vari-
mass percent ation
(C) The range (R) for duplicate sam- percent
ples should be less than the following of point
limits: Methanol ........................................ 1.0712.73 1.43
Ethanol .......................................... 1.0112.70 1.43
Concentra- Upper limit for range DIPE .............................................. 0.9817.70 1.29
Oxygenate tion mass mass percent ETBE ............................................. 1.0018.04 2.00
percent
TAME ............................................. 1.0418.59 1.62
Methanol .................... 0.271.07 0.010+0.043C
Methanol .................... 1.0712.73 0.053C (3) The relationship of standard devi-
Ethanol ....................... 1.0112.70 0.053C
MTBE ......................... 0.2515.00 0.069+0.029C ation and concentration for methanol
DIPE .......................... 0.9817.70 0.048C between 0.27 and 1.07 mass percent was
ETBE ......................... 1.0018.04 0.074C very linear and is described by the
TAME ......................... 1.0418.59 0.060C
equation:
where: standard deviation = 0.0118C+0.0027
C = (Co+Cd)/2 (4) Based on these relationships, re-
Co = concentration of the original sample peatability for the selected oxygenates
Cd = concentration of the duplicate sample at 2.0 and 2.7 mass percent oxygen were
R = Range, | Co-Cd|
determined to be as follows, where re-
(D) If the limits in paragraph peatability is defined as the half width
(g)(8)(i)(C) of this section are exceeded, of the 95 percent confidence interval
the sources of error in the analysis (i.e., 1.96 standard deviations) for a sin-
should be determined, corrected, and gle analysis at the stated concentra-
all analyses subsequent to and includ- tion:

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Environmental Protection Agency 80.46

Concentration Re-
(D) Independent reference standards
Mass Volume peat- should be purchased or prepared from
Oxygenate Mass ability
percent percent percent mass materials that are independent of the
oxy- oxy-
oxygen genate genate percent calibration standards and calibration
check standards, and must not be pre-
Methanol .................. 2.0 4.00 3.75 0.11 pared by the same analyst. For the
Ethanol .................... 2.0 5.75 5.41 0.16
MTBE ....................... 2.00 11.00 11.00 0.21 specification limits listed in paragraph
DIPE ........................ 2.0 12.77 13.00 0.32 (g)(8)(ii)(F) of this section, the con-
ETBE ....................... 2.0 12.77 12.74 0.50 centration of the reference standards
TAME ....................... 2.0 12.77 12.33 0.41
Methanol .................. 2.7 5.40 5.07 0.15 should be in the range given in para-
Ethanol .................... 2.7 7.76 7.31 0.21 graph (g)(8)(i)(C) of this section.
MTBE ....................... 2.7 14.88 14.88 0.26
DIPE ........................ 2.7 17.24 17.53 0.43
(E) Independent reference standards
ETBE ....................... 2.7 17.24 17.20 0.67 shall be analyzed at a rate of at least
TAME ....................... 2.7 17.24 16.68 0.55 one per analysis batch and at least one
per 100 samples, whichever is more fre-
(ii) The laboratory shall routinely quent.
monitor the accuracy of its analyses. (F) If the measured concentration of
The recommendations are: an independent reference standard is
(A) Calibration check standards and outside the range of 100.0% 10.0% of
calibration standards may be prepared the theoretical concentration for a se-
from the same oxygenate stocks and by lected oxygenate of 1.0 mass percent or
the same analyst. However, calibration above, the sources of error in the anal-
check standards and calibration stand-
ysis should be determined, corrected,
ards must be prepared from separate
and all analyses subsequent to and in-
batches of the final diluted standards.
cluding the last independent reference
For the specification limits listed in
standard analysis confirmed to be
paragraph (g)(8)(ii)(C) of this section,
within the compliance specifications in
the concentration of the check stand-
that batch must be repeated. The speci-
ards should be in the range given in
fication limits for the accuracy of inde-
paragraph (g)(8)(i)(C) of this section.
pendent reference standards analyses
(B) Calibration check standards shall
be analyzed at a rate of at least one per are minimum performance require-
analysis batch and at least one per 10 ments. The performance of individual
samples, whichever is more frequent. laboratories may be better than these
(C) If the measured concentration of minimum requirements. For this rea-
a calibration check standard is outside son it is recommended that control
the range of 100.0% 6.0% of the theo- charts be utilized to monitor the varia-
retical concentration for a selected ox- bility of measurements in order to op-
ygenate of 1.0 mass percent or above, timally detect abnormal situations and
the sources of error in the analysis ensure a stable measurement process.
should be determined, corrected, and (G) The preparation and analysis of
all analyses subsequent to and includ- spiked samples at a rate of one per
ing the last standard analysis con- analysis batch and at least one per ten
firmed to be within the compliance samples.
specifications must be repeated. The (H) Spiked samples shall be prepared
specification limits for the accuracy of by adding a volume of a standard to a
calibration check standards analyses known volume of sample. To ensure
are minimum performance require- adequate method detection limits, the
ments. The performance of individual volume of the standard added to the
laboratories may indeed be better than sample shall be limited to 5% or less
these minimum requirements. For this than the volume of the sample. The
reason it is recommended that control spiked sample shall be carried through
charts be utilized to monitor the varia- the same sample preparation steps as
bility of measurements in order to op- the background sample.
timally detect abnormal situations and (I) The percent recovery of the spiked
ensure a stable measurement process. sample shall be calculated as follows:

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80.46 40 CFR Ch. I (7101 Edition)

100% ( C m ( Vo + V1 ) C o Vo )
% Re cov ery =
Cs V1

where: firmed to be within the compliance


Vo = Volume of sample (Ml) specifications must be repeated. The
Vl = Volume of spiking standard added (Ml) specification limits for the range and
Cm = Measured concentration of spiked sam- relative range of duplicate analyses are
ple
minimum performance requirements.
Co = Measured background concentration of
sample The performance of individual labora-
Cs = Known concentration of spiking stand- tories may indeed be better than these
ard minimum requirements. For this rea-
son it is recommended that control
(J) If the percent recovery of any in-
charts be utilized to monitor the varia-
dividual spiked sample is outside the
bility of measurements in order to op-
range 100% 10% from the theoretical
timally detect abnormal situations and
concentration, then the sources of
ensure a stable measurement process.
error in the analysis must be deter-
For reference purposes, a single labora-
mined and corrected, and all analyses
subsequent to and including the last tory study of precision (approximately
analysis confirmed to be within the 35 replicates) yielded the following es-
compliance specifications must be re- timates of method precision:
peated. The maintenance of control Con- Repeat-
charts is one acceptable method or en- centration ability
Oxygenate (Percent)
(weight (volume
suring compliance with this specifica- percent) percent)
tion.
Methanol ........................ 2.0 3.7 0.11
(K) (1) Either the range (absolute dif- Ethanol .......................... 2.0 5.4 0.24
ference) or relative range (but not nec- t-Butanol ........................ 2.0 8.8 0.39
essarily both) for duplicate samples MTBE ............................. 2.0 11.0 0.37
shall be less than the following limits:
(4) Repeatability is defined as the
Rel- half width of the 95 percent confidence
ative
Concentra- range interval for a single analysis at the
Oxygenate tion (volume Range (vol- stated concentration.
percent) ume
per- (iii) The laboratory shall routinely
cent) monitor the accuracy of its analyses.
Methanol ............................ 1.012.0 ............ 7.2 At a minimum this shall include:
Ethanol .............................. 3.012.0 ............ 7.1 (A) Calibration check standards and
t-Butanol ............................ 3.012.0 ............ 9.4 calibration standards may be prepared
MTBE ................................. 3.015.0 0.55 9.2
from the same oxygenate stocks and by
(2) Relative range is calculated as the same analyst. However, calibration
follows: check standards and calibration stand-
ards must be prepared from separate
200( R ) batches of the final diluted standards.
Rr = For the specification limits listed in
Co + Cd paragraph (g)(8)(iii)(C) of this section,
the concentration of the check stand-
where: ards should be in the range given in
Rr = relative range paragraph (g)(8)(iii)(C) of this section.
R = range (B) Calibration check standards shall
Co = concentration of the original sample be analyzed at a rate of one per anal-
Cd = concentration of the duplicate sample
ysis batch or at least one per ten sam-
(3) If the limits in paragraph ples, whichever is more frequent.
(g)(8)(ii)(K)(1) of this section are ex- (C) If the measured concentration of
ceeded, the sources of error in the anal- a calibration check standard is outside
ysis should be determined, corrected, the range of 100%10% percent of the
and all analyses subsequent to and in- theoretical concentration for methanol
cluding the last duplicate analysis con- and ethanol, or 100%13% for t-butanol

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Environmental Protection Agency 80.46

and MTBE, the sources of error in the and ethanol, or 100%13% for t-butanol
analysis should be determined, cor- and MTBE, the sources of error in the
rected, and all analyses subsequent to analysis should be determined, cor-
and including the last standard anal- rected, and all analyses subsequent to
ysis confirmed to be within the compli- and including the last independent ref-
ance specifications must be repeated. erence standard analysis confirmed to
The specification limits for the accu- be within the compliance specifications
racy of calibration check standards in that batch must be repeated. The
analyses are minimum performance re- specification limits for the accuracy of
quirements. The performance of indi- independent reference standards anal-
vidual laboratories may indeed be bet- yses are minimum performance re-
ter than these minimum requirements. quirements. The performance of indi-
For this reason it is recommended that vidual laboratories may indeed be bet-
control charts be utilized to monitor ter than these minimum requirements.
the variability of measurements in For this reason it is recommended that
order to optimally detect abnormal sit- control charts be utilized to monitor
uations and ensure a stable measure- the variability of measurements in
ment process. order to optimally detect abnormal sit-
(D) Independent reference standards uations and ensure a stable measure-
shall be purchased or prepared from ment process.
materials that are independent of the
(G) If matrix effects are suspected,
calibration standards and calibration
check standards, and must not be pre- then spiked samples shall be prepared
pared by the same analyst. For the and analyzed as follows:
specification limits listed in paragraph (1) Spiked samples shall be prepared
(g)(8)(iii)(F) of this section, the con- by adding a volume of a standard to a
centration of the reference standards known volume of sample. To ensure
should be in the range given in para- adequate method detection limits, the
graph (g)(8)(iii)(C) of this section. volume of the standard added to the
(E) Independent reference standards sample should be minimized to 5% or
shall be analyzed at a rate of one per less of the volume of the sample. The
analysis batch or at least one per 100 spiked sample should be carried
samples, whichever is more frequent. through the same sample preparation
(F) If the measured concentration of steps as the background sample.
an independent reference standard is (2) The percent recovery of spiked
outside the range of 100%10% of the samples should be calculated as fol-
theoretical concentration for methanol lows:

100 ( C c ( Vo + Vs ) C o Vo )
%Recovery =
Cs Vs

where: sequent to and including the last anal-


Cc = concentration of spiked sample ysis confirmed to be within the compli-
Co = concentration of sample without spiking ance specifications must be repeated.
Cs = known concentration of spiking stand-
The specification limits for the accu-
ard
Vo = volume of sample racy of the percent recovery of spiked
Vs = volume of spiking standard added to the sample analyses are minimum perform-
sample ance requirements. The performance of
(3) If the percent recovery of a spiked individual laboratories may indeed be
sample is outside the range of 100% better than these minimum require-
13% of the theoretical concentration ments. For this reason it is rec-
for methanol and ethanol, or 100% 16% ommended that control charts be uti-
for t-butanol and MTBE, the sources of lized to monitor the variability of
error in the analysis should be deter- measurements in order to optimally
mined, corrected, and all analyses sub-

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80.47 40 CFR Ch. I (7101 Edition)

detect abnormal situations and ensure North Capitol Street, NW, Suite 700,
a stable measurement process. Washington, DC.
(9)(i) Prior to September 1, 2004, and
[59 FR 7813, Feb. 16, 1994, as amended at 59
when the oxygenates present are lim- FR 36961, July 20, 1994; 61 FR 58306, Nov. 13,
ited to MTBE, ETBE, TAME, DIPE, 1996; 63 FR 63793, Nov. 17, 1998; 65 FR 6822,
tertiary-amyl alcohol, and C1 to C4 al- Feb. 10, 2000; 65 FR 53189, Sept. 1, 2000; 66 FR
cohols, any refiner, importer, or oxy- 17263, Mar. 29, 2001]
genate blender may determine oxygen
and oxygenate content using ASTM 80.47 [Reserved]
standard method D 481599, entitled
Standard Test Method for Determina- 80.48 Augmentation of the complex
tion of MTBE, ETBE, TAME, DIPE, emission model by vehicle testing.
tertiary-Amyl Alcohol and C1 to C4 Al- (a) The provisions of this section
cohol in Gasoline by Gas Chroma- apply only if a fuel claims emission re-
tography, for purposes of meeting any duction benefits from fuel parameters
testing requirement; provided that that are not included in the complex
(ii) The refiner or importer test re- emission model or complex emission
sult is correlated with the method set model database, or if the values of fuel
forth in paragraphs (g)(1) through (g)(8) parameters included in the complex
of this section. emission model set forth in 80.45 fall
(h) Incorporations by reference. ASTM outside the range of values for which
standard methods D 262298 Standard the complex emission model is deemed
Test Method for Sulfur in Petroleum valid.
Products by Wavelength Dispersive X- (b) To augment the complex emission
ray Fluorescence Spectrometry, D model described at 80.45, the following
324696 Standard Test Method for Sul- requirements apply:
fur in Petroleum Gas by Oxidative (1) The petitioner must obtain prior
Microcoulometry, D 360699 Stand- approval from the Administrator for
ard Test Method for Determination of the design of the test program before
Benzene and Toluene in Finished Motor beginning the vehicle testing process.
and Aviation Gasoline by Gas Chroma- To obtain approval, the petitioner
tography, D 131999 Standard Test must at minimum provide the fol-
Method for Hydrocarbon Types in Liq- lowing information: the fuel parameter
uid Petroleum Products by Fluorescent to be evaluated for emission effects;
Indicator Adsorption, D 481599 the number and description of vehicles
Standard Test Method for Determina- to be used in the test fleet, including
tion of MTBE, ETBE, TAME, DIPE, model year, model name, vehicle iden-
tertiary-Amyl Alcohol and C1 to C4 Al- tification number (VIN), mileage, emis-
cohols in Gasoline by Gas Chroma- sion performance (exhaust THC emis-
tography, and D 8690 Standard Test sion level), technology type, and manu-
Method for Distillation of Petroleum facturer; a description of the methods
Products, with the exception of the used to procure and prepare the vehi-
degrees Fahrenheit figures in Table 9 of cles; the properties of the fuels to be
D 8690, are incorporated by reference. used in the testing program (as speci-
These incorporations by reference were fied at 80.49); the pollutants and emis-
approved by the Director of the Federal sion categories intended to be evalu-
Register in accordance with 5 U.S.C. ated; the precautions used to ensure
552(a) and 1 CFR part 51. Copies may be that the effects of the parameter in
obtained from the American Society question are independent of the effects
for Testing and Materials, 100 Barr of other parameters already included in
Harbor Dr., West Conshohocken, PA the model; a description of the quality
19428. Copies may be inspected at the assurance procedures to be used during
Air Docket Section (LE131), room M the test program; the statistical anal-
1500, U.S. Environmental Protection ysis techniques to be used in analyzing
Agency, Docket No. A9703, 401 M the test data, and the identity and lo-
Street, SW, Washington, DC 20460, or at cation of the organization performing
the Office of the Federal Register, 800 the testing.

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Environmental Protection Agency 80.48

(2) Exhaust emissions shall be meas- through 80.62, shall be analyzed to de-
ured per the requirements of this sec- termine the effects of the fuel param-
tion and 80.49 through 80.62. eter being tested on emissions accord-
(3) The nonexhaust emission model ing to the following procedure:
(including evaporative, running loss, (1) The analysis shall fit a regression
and refueling VOC and toxics emis- model to the natural logarithm of
sions) shall not be augmented by vehi- emissions measured from addition fuels
cle testing. 1, 2, and 3 only (as specified at 80.49(a)
(4) The Agency reserves the right to and adjusted as per paragraph (c)(1)(iv)
observe and monitor any testing that of this section and 80.49(d)) that in-
is performed pursuant to the require- cludes the following terms:
ments of this section. (i) A term for each vehicle that shall
(5) The Agency reserves the right to reflect the effect of the vehicle on
evaluate the quality and suitability of emissions independent of fuel composi-
data submitted pursuant to the re- tions. These terms shall be of the form
quirements of this section and to re- DiVi, where Di is the coefficient for the
ject, re-analyze, or otherwise evaluate term and Vi is a dummy variable which
such data as is technically warranted. shall have the value 1.0 for the ith ve-
(6) Upon a showing satisfactory to hicle and the value 0 for all other vehi-
the Administrator, the Administrator cles.
may approve a petition to waive the re- (ii) A linear term in the parameter
quirements of this section and 80.49, being tested for each emitter class, of
80.50(a), 80.60(d)(3), and 80.60(d)(4) in the form Ai(P1P1 (avg))Ei, where Ai
order to better optimize the test pro- is the coefficient for the term, P1 is the
gram to the needs of the particular fuel level of the parameter in question, P1
parameter. Any such waiver petition (avg) is the average level of the param-
should provide information justifying eter in question for all seven test fuels
the requested waiver, including an ac- specified at 80.49(a)(1), and Ei is a
ceptable rationale and supporting data. dummy variable representing emitter
Petitioners must obtain approval from class, as defined at 80.62. For normal
the Administrator prior to conducting emitters, E1 = 1 and E2 = 0. For higher
testing for which the requirements in emitters, E1 = 0 and E2 = 1.
question are waived. The Adminis- (iii) For the VOC and NOx models, a
trator may waive the noted require- squared term in the parameter being
ments in whole or in part, and may im- tested for each emitter class, of the
pose appropriate conditions on any form Bi(P1P1 (avg))2Ei, where Bi is
such waiver. the coefficient for the term and where
(c) In the case of petitions to aug- P1 , P1 (avg), and Ei are as defined in
ment the complex model defined at paragraph (c)(1)(ii) of this section.
80.45 with a new parameter, the effect (iv) To the extent that the properties
of the parameter being tested shall be of fuels 1, 2, and 3 which are incor-
determined separately, for each pollut- porated in the complex model differ in
ant and for each emitter class cat- value among the three fuels, the com-
egory. If the parameter is not included plex model shall be used to adjust the
in the complex model but is rep- observed emissions from test vehicles
resented in whole or in part by one or on those fuels to compensate for those
more parameters included in the differences prior to fitting the regres-
model, the petitioner shall be required sion model.
to demonstrate the emission effects of (v) The Ai and Bi terms and coeffi-
the parameter in question independent cients developed by the regression de-
of the effects of the already-included scribed in this paragraph (c) shall be
parameters. The petitioner shall also evaluated against the statistical cri-
have to demonstrate the effects of the teria defined in paragraph (e) of this
already-included parameters inde- section. If both terms satisfy these cri-
pendent of the effects of the parameter teria, then both terms shall be re-
in question. The emission performance tained. If the Bi term satisfies these
of each vehicle on the fuels specified at criteria and the Ai term does not, then
80.49, as measured through vehicle both terms shall be retained. If the Bi
testing in accordance with 80.50 term does not satisfy these criteria,

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80.48 40 CFR Ch. I (7101 Edition)

then the Bi term shall be dropped from (iv) All regressions shall include the
the regression model and the model linear and squared terms, and their co-
shall be re-estimated. If, after dropping efficients, estimated in the final re-
the Bi term and re-estimating the gression model described in paragraph
model, the Ai term does not satisfy (c)(1) of this section.
these criteria, then both terms shall be (v) The VOC and NOx regressions
dropped, all test data shall be reported shall include those interactive terms
to EPA, and the augmentation request with other fuel parameters, of the form
shall be denied. Ci(1, j)(P1P1 (avg))(PjPj (avg))Ei,
(2) After completing the steps out- where Ci(1, j) is the coefficient for the
lined in paragraph (c)(1) of this section, term, P1 is the level of the parameter
the analysis shall fit a regression being added to the model, P1 (avg) is
model to a combined data set that in- the average level of the parameter
cludes vehicle testing results from all being added for all seven addition fuels
seven addition fuels specified at specified at 80.49(a), Pj is the level of
80.49(a), the vehicle testing results the other fuel parameter, Pj (avg) is the
used to develop the model specified at centering value for the other fuel pa-
80.45, and vehicle testing results used rameter used to develop the complex
to support any prior augmentation re- model or used in the other parameters
quests which the Administrator deems augmentation study, and Ei is as de-
necessary. fined in paragraph (c)(1) of this section,
(i) The analysis shall fit the regres- which are found to satisfy the statis-
tical criteria defined in paragraph (e)
sion models described in paragraphs
of this section. Such terms shall be
(c)(2) (ii) through (v) of this section to
added to the regression model in a
the natural logarithm of measured
stepwise manner.
emissions.
(3) The model described in paragraphs
(ii) All regressions shall include a (c) (1) and (2) of this section shall be de-
term for each vehicle that shall reflect veloped separately for normal-emitting
the effect of the vehicle on emissions and higher-emitting vehicles. Each
independent of fuel compositions. emitter class shall be treated as a dis-
These terms shall be of the form DiVi, tinct population for the purposes of de-
where Di is the coefficient for the term termining regression coefficients.
and Vi is a dummy variable which shall (4) Once the augmented models de-
have the value 1.0 for the ith vehicle scribed in paragraphs (c) (1) through (3)
and the value 0 for all other vehicles. of this section have been developed,
Vehicles shall be represented by sepa- they shall be converted to an
rate terms for each test program in uncentered form through appropriate
which they were tested. The vehicle algebraic manipulation.
terms for the vehicles included in the (5) The augmented model described in
test program undertaken by the peti- paragraph (c)(4) of this section shall be
tioner shall be calculated based on the used to determine the effects of the pa-
results from all seven fuels specified at rameter in question at levels between
80.49(a). Note that the Di estimates for the levels in Fuels 1 and 3, as defined at
the petitioners test vehicles in this re- 80.49(a)(1), for all fuels which claim
gression are likely to differ from the Di emission benefits from the parameter
estimates discussed in paragraph in question.
(c)(1)(i) of this section since they will (d)(1) In the case of petitions to aug-
be based on a different set of fuels. ment the complex model defined at
(iii) All regressions shall include ex- 80.45 by extending the range of an ex-
isting complex model terms and their isting complex model parameter, the
coefficients, including those augmenta- effect of the parameter being tested
tions that the Administrator deems shall be determined separately, for
necessary. All terms and coefficients each pollutant and for each technology
shall be expressed in centered form. group and emitter class category, at
The Administrator shall make avail- levels between the extension level and
able upon request existing complex the nearest limit of the core of the
model terms and coefficients in cen- data used to develop the unaugmented
tered form. complex model as follows:

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Environmental Protection Agency 80.48

Data core limits terms shall be estimated by the regres-


Fuel parameter sion. The centering values for these
Lower Upper
terms shall be identical to the cen-
Sulfur, ppm ............................................ 10 450 tering values used to develop the com-
RVP, psi ................................................ 7 10
E200, vol % ........................................... 33 66 plex model described at 80.45.
E300, vol % ........................................... 72 94 (D) If the unaugmented VOC or NOx
Aromatics, vol % .................................... 18 46 complex models do not contain a
Benzene, vol % ..................................... 0.4 1.8
Olefins, vol % ........................................ 1 19 squared term for the parameter being
Oxygen, wt %. extended, such a term should be added
As ethanol .......................................... 0 3.4 in a stepwise fashion after completing
All others: ........................................... 0 2.7
the model described in paragraphs
(2) The emission performance of each (d)(2)(i)(A) through (C) of this section.
vehicle on the fuels specified at The coefficient for this term shall be
80.49(b)(2), as measured through vehi- estimated by the regression. The cen-
cle testing in accordance with 80.50 tering value for this term shall be iden-
through 80.62, shall be analyzed to de- tical to the centering value used to de-
termine the effects of the fuel param- velop the complex model described at
eter being tested on emissions accord- 80.45.
ing to the following procedure: (E) The terms defined in paragraphs
(i) The analysis shall incorporate the (d)(2)(i)(C) and (D) of this section shall
vehicle testing data from the extension be evaluated against the statistical cri-
fuels specified at 80.49(b), the vehicle teria defined in paragraph (e) of this
testing results used to develop the section.
model specified at 80.45, and vehicle (ii) The model described in paragraph
testing results used to support any (d)(2)(i) of this section shall be devel-
prior augmentation requests which the oped separately for normal-emitting
Administrator deems necessary. A re- and higher-emitting vehicles, as de-
gression incorporating the following fined at 80.62. Each emitter class shall
terms shall be fitted to the natural be treated as a distinct population for
logarithm of emissions contained in the purposes of determining regression
this combined data set: coefficients.
(A) A term for each vehicle that shall (e) Statistical criteria. (1) The peti-
reflect the effect of the vehicle on tioner shall be required to submit evi-
emissions independent of fuel composi- dence with the petition which dem-
tions. These terms shall be of the form onstrates the statistical validity of the
Di Vi, where Di is the coefficient for regression described in paragraph (c) or
the term and Vi is a dummy variable
(d) of this section, including at min-
which shall have the value 1.0 for the
imum:
ith vehicle and the value 0 for all other
vehicles. Vehicles shall be represented (i) Evidence demonstrating that co-
by separate terms for each test pro- linearity problems are not severe, in-
gram in which they were tested. The cluding but not limited to variance in-
vehicle terms for the vehicles included flation statistics of less than 10 for the
in the test program undertaken by the second-order and interactive terms in-
petitioner shall be calculated based on cluded in the regression model.
the results from all three fuels speci- (ii) Evidence demonstrating that the
fied at 80.49(b)(2). regression residuals are normally dis-
(B) Existing complex model terms tributed, including but not limited to
that do not include the parameter the skewness and Kurtosis statistics
being extended and their coefficients, for the residuals.
including those augmentations that (iii) Evidence demonstrating that
the Administrator deems necessary. overfitting and underfitting risks have
The centering values for these terms been balanced, including but not lim-
shall be identical to the centering val- ited to the use of Mallows Cp criterion.
ues used to develop the complex model (2) The petitioner shall be required to
described at 80.45. submit evidence with the petition
(C) Existing complex model terms which demonstrates that the appro-
that include the parameter being ex- priate terms have been included in the
tended. The coefficients for these regression, including at minimum:

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80.48 40 CFR Ch. I (7101 Edition)

(i) Descriptions of the analysis meth- be set equal to the nearest limit of the
ods used to develop the regressions, in- data core, using the unaugmented com-
cluding any computer code used to ana- plex model.
lyze emissions data and the results of (B) B shall be set equal to the per-
regression runs used to develop the centage change in emissions for the
proposed augmentation, including in- fuel described in paragraph (f)(3)(i) of
termediate regressions produced during this section according to the aug-
the stepwise regression process. mented complex model.
(ii) Evidence demonstrating that the (C) C shall be set equal to the per-
significance level used to include terms centage change in emissions of the ac-
in the model was equal to 0.90. tual fuel being evaluated using the
(f) The complex emission model shall augmented complex model.
be augmented with the results of vehi- (g) EPA reserves the right to analyze
cle testing as follows: the data generated during vehicle test-
(1) The terms and coefficients deter- ing, to use such analyses to determine
mined in paragraph (c) or (d) of this the validity of other augmentation pe-
section shall be used to supplement the titions, and to use such data to update
complex emission model equation for the complex model for use in certifying
the corresponding pollutant and emit- all reformulated gasolines.
ter category. These terms and coeffi-
(h) Duration of acceptance of emis-
cients shall be weighted to reflect the
sion effects determined through vehicle
contribution of the emitter category to
testing:
in-use emissions as shown at 80.45.
(1) If the Agency does not accept,
(2) If the candidate parameter is not
modify, or reject a particular aug-
included in the unaugmented complex
mentation for inclusion in an updated
model and is not represented in whole
complex model (performed through
or in part by one or more parameters
rulemaking), then the augmentation
included in the model, the modification
shall remain in effect until the next
shall be accomplished by adding the
update to the complex model takes ef-
terms and coefficients to the complex
fect.
model equation for that pollutant,
technology group, and emitter cat- (2) If the Agency does reject or mod-
egory. ify a particular augmentation for in-
(3) If the parameter is included in the clusion in an updated complex model,
complex model but is being tested at then the augmentation shall no longer
levels beyond the current range of the be able to be used as of the date the up-
model, the terms and coefficients de- dated complex model is deemed to take
termined in paragraph (d) of this sec- effect, unless the following conditions
tion shall be used to supplement the and limitations apply:
complex emission model equation for (i) The augmentation in question
the corresponding pollutant. may continue to be used by those fuel
(i) The terms and coefficients of the suppliers which can prove, to the Ad-
complex model described at 80.45 shall ministrators satisfaction, that the fuel
be used to evaluate the emissions per- supplier had already begun producing a
formance of fuels with levels of the pa- fuel utilizing the augmentation at the
rameter being tested that are within time the revised model is promulgated.
the valid range of the model, as defined (ii) The augmentation in question
at 80.45. may only be used to evaluate the emis-
(ii) The emissions performance of sions performance of fuels in conjunc-
fuels with levels of the parameter that tion with the complex emission model
are beyond the valid range of the un- in effect as of the date of production of
augmented model shall be given in per- the fuels.
centage change terms by 100 [(100 + (iii) The augmentation may only be
A) (100 + C) / (100 + B)], where: used for three years of fuel production,
(A) A shall be set equal to the per- or a total of five years from the date
centage change in emissions for a fuel the augmentation first took effect,
with identical fuel property values to whichever is shorter.
the fuel being evaluated except for the (3) The Administrator shall deter-
parameter being extended, which shall mine when sufficient new information

622

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Environmental Protection Agency 80.49

on the effects of fuel properties on ve- emission model. The properties of the
hicle emissions has been obtained to addition fuels are specified in para-
warrant development of an updated graphs (a) (1) and (2) of this section.
complex model. The addition fuels shall be specified
[59 FR 7813, Feb. 16, 1994, as amended at 59 with at least the same level of detail
FR 36962, July 20, 1994] and precision as in 80.43(c), and this
information must be included in the
80.49 Fuels to be used in augmenting petition submitted to the Adminis-
the complex emission model trator requesting augmentation of the
through vehicle testing. complex emission model.
(a) Seven fuels (hereinafter called the (1) The seven addition fuels to be
addition fuels) shall be tested for the tested when augmenting the complex
purpose of augmenting the complex model specified at 80.45 with a new
emission model with a parameter not fuel parameter shall have the prop-
currently included in the complex erties specified as follows:
PROPERTIES OF FUELS TO BE TESTED WHEN AUGMENTING THE MODEL WITH A NEW FUEL
PARAMETER
Fuels
Fuel property
1 2 3 4 5 6 7

Sulfur, ppm .................................. 150 150 150 35 35 500 500


Benzene, vol % ........................... 1.0 1.0 1.0 0.5 0.5 1.3 1.3
RVP, psi ...................................... 7.5 7.5 7.5 6.5 6.5 8.1 8.1
E200, % ...................................... 50 50 50 62 62 37 37
E300, % ...................................... 85 85 85 92 92 79 79
Aromatics, vol % ......................... 27 27 27 20 20 45 45
Olefins, vol % .............................. 9.0 9.0 9.0 2.0 2.0 18 18
Oxygen, wt % .............................. 2.1 2.1 2.1 2.7 2.7 1.5 1.5
Octane, (R+M)/2 ......................... 87 87 87 87 87 87 87
New Parameter 1 ......................... C C+B/2 B C B C B
1C = Candidate level, B = Baseline level.

(i) For the purposes of vehicle test- ical gasoline, its baseline level shall be
ing, the baseline level of the param- zero.
eter shall refer to the level of the pa- (2) The addition fuels shall contain
rameter in Clean Air Act baseline gaso- detergent control additives in accord-
line. The candidate level of the pa- ance with section 211(l) of the Clean
rameter shall refer to the most ex- Air Act Amendments of 1990 and the
treme value of the parameter, relative associated EPA requirements for such
to baseline levels, for which the aug- additives.
mentation shall be valid. (3) The addition fuels shall be speci-
fied with at least the same level of de-
(ii) If the fuel parameter for which
tail and precision as in 80.43(c), and
the fuel supplier is petitioning EPA to
this information shall be included in
augment the complex emission model
the petition submitted to the Adminis-
(hereinafter defined as the candidate trator requesting augmentation of the
parameter) is not specified for Clean complex emission model.
Air Act summer baseline fuel, then the (i) Paraffin levels in Fuels 1 and 2
baseline level for the candidate param- shall be altered from the paraffin level
eter shall be set at the levels found in in Fuel 3 to compensate for the addi-
typical gasoline. This level and the jus- tion or removal of the candidate pa-
tification for this level shall be in- rameter, if necessary. Paraffin levels in
cluded in the petitioners submittal to Fuel 4 shall be altered from the par-
EPA prior to initiating the test pro- affin level in Fuel 5 to compensate for
gram, and EPA must approve this level the addition or removal of the can-
prior to the start of the program. didate parameter, if necessary. Par-
(iii) If the candidate parameter is not affin levels in Fuel 6 shall be altered
specified for Clean Air Act summer from the paraffin level in Fuel 7 to
baseline fuel, and is not present in typ- compensate for the addition or removal

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80.49 40 CFR Ch. I (7101 Edition)

of the candidate parameter, if nec- ciently small value. At a minimum the


essary. 95% confidence limits (as calculated
(ii) Other properties of Fuels 4 and 6 using a standard t-test) for each pa-
shall not vary from the levels for Fuels rameter must be within the following
5 and 7, respectively, unless such vari- range of the mean measured value of
ations are the naturally-occurring re- each parameter:
sult of the changes described in para-
Fuel
graphs (a)(1) and (2) of this section. parameter Measurement uncertainty
Other properties of Fuels 1 and 2 shall
not vary from the levels for Fuel 3, un- API gravity .............. 0.2API
less such variations are the naturally- Sulfur content ......... 10 ppm
Benzene content .... 0.02 vol %
occurring result of the changes de- RVP ........................ 0.05 psi
scribed in paragraphs (a)(1) and (2) of Octane .................... 0.2 (R+M/2)
this section. E200 level .............. 2%
(iii) The addition fuels shall be speci- E300 level .............. 2%
fied with at least the same level of de- Oxygenate content 0.2 vol %
Aromatics content .. 0.5 vol %
tail and precision as defined in para- Olefins content ....... 0.3 vol %
graph (a)(5)(i) of this section, and this Saturates content ... 1.0 vol %
information must be included in the Detergent control 2% of the level required by EPAs de-
petition submitted to the Adminis- Additives. tergents rule.
trator requesting augmentation of the
complex emission model. (ii) The 95% confidence limits for
(4) The properties of the addition measurements of fuel parameters for
fuels shall be within the blending toler- which emission reduction benefits are
ances defined in this paragraph (a)(4) claimed and for which tolerances are
relative to the values specified in para- not defined in paragraph (a)(5)(i) of this
graphs (a)(1) and (2) of this section. section must be within 5% of the
Fuels that do not meet these toler- mean measured value.
ances shall require the approval of the (iii) Each test must be conducted in
Administrator to be used in vehicle the same laboratory in accordance
testing to augment the complex emis- with the procedures outlined at 80.46.
sion model: (b) Three fuels (hereinafter called the
extension fuels) shall be tested for
Fuel parameter Blending tolerance
the purpose of extending the valid
Sulfur content ........................ 25 ppm. range of the complex emission model
Benzene content .................... 0.2 vol %. for a parameter currently included in
RVP ....................................... 0.2 psi.
E200 level .............................. 2 %.
the complex emission model. The prop-
E300 level .............................. 4 %. erties of the extension fuels are speci-
Oxygenate content ................ 1.0 vol %. fied in paragraphs (b)(2) through (4) of
Aromatics content .................. 2.7 vol %. this section. The extension fuels shall
Olefins content ....................... 2.5 vol %.
Saturates content .................. 2.0 vol %. be specified with at least the same
Octane ................................... 0.5. level of detail and precision as in
Detergent control additives .... 10% of the level required by 80.43(c), and this information must be
EPAs detergents rule.
Candidate parameter ............. To be determined as part of
included in the petition submitted to
the augmentation process. the Administrator requesting aug-
mentation of the complex emission
(5) The composition and properties of model. Each set of three extension
the addition fuels shall be determined fuels shall be used only to extend the
by averaging a series of independent range of a single complex model pa-
tests of the properties and rameter.
compositional factors defined in para- (1) The extension level shall refer
graph (a)(5)(i) of this section as well as to the level to which the parameter
any additional properties or being tested is to be extended. The
compositional factors for which emis- three fuels to be tested when extending
sion benefits are claimed. the range of fuel parameters already
(i) The number of independent tests included in the complex model or a
to be conducted shall be sufficiently prior augmentation to the complex
large to reduce the measurement un- model shall be referred to as exten-
certainty for each parameter to a suffi- sion fuels.

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Environmental Protection Agency 80.49

(2) The composition and properties of (i) The extension fuels shall have the
the extension fuels shall be as de- following levels of the parameter being
scribed in paragraphs (b)(2) (i) and (ii) extended:
of this section.
LEVEL OF EXISTING COMPLEX MODEL PARAMETERS BEING EXTENDED
Extension Extension
Fuel property being extended Extension fuel No. 1 fuel No. 2 fuel No. 3

Sulfur, ppm ............................................ Extension level .................................................................. 80 450


Benzene, vol % ...................................... Extension level .................................................................. 0.5 1.5
RVP, psi ................................................. Extension level .................................................................. 6.7 8.0
E200, % ................................................. Extension level .................................................................. 38 61
E300, % ................................................. Extension level .................................................................. 78 92
Aromatics, vol % .................................... Extension level .................................................................. 20 45
Olefins, vol % ......................................... Extension level .................................................................. 3.0 18
Oxygen, wt % ........................................ Extension level .................................................................. 1.7 2.7
Octane, R+M/2 ....................................... 87 ...................................................................................... 87 87

(ii) The levels of parameters other (c) The addition fuels defined in para-
than the one being extended shall be graph (a) of this section and the exten-
given by the following table for all sion fuels defined in paragraph (b) of
three extension fuels: this section shall meet the following
requirements for blending and meas-
LEVELS FOR FUEL PARAMETERS OTHER THAN urement precision:
THOSE BEING EXTENDED (1) The properties of the test and ex-
Exten- Exten- Exten-
tension fuels shall be within the blend-
Fuel property sion fuel sion fuel sion fuel ing tolerances defined in this para-
No. 1 No. 2 No. 3 graph (c) relative to the values speci-
Sulfur, ppm .......................... 150 150 150 fied in paragraphs (a) and (b) of this
Benzene, vol % ................... 1.0 1.0 1.0 section. Fuels that do not meet the fol-
RVP, psi .............................. 7.5 7.5 7.5 lowing tolerances shall require the ap-
E200, % ............................... 50 50 50
E300, % ............................... 85 85 85 proval of the Administrator to be used
Aromatics, vol % ................. 25 25 25 in vehicle testing to augment the com-
Olefins, vol % ...................... 9.0 9.0 9.0 plex emission model:
Oxygen, wt % ...................... 2.0 2.0 2.0
Octane, R+M/2 .................... 87 87 87 Fuel parameter Blending tolerance

(3) If the Complex Model for any pol- Sulfur content ........................ 25 ppm.
Benzene content .................... 0.2 vol %.
lutant includes one or more interactive RVP ....................................... 0.2 psi.
terms involving the parameter being E200 level .............................. 2 %.
extended, then two additional exten- E300 level .............................. 4 %.
Oxygenate content ................ 1.5 vol %.
sion fuels shall be required to be tested Aromatics content .................. 2.7 vol %.
for each such interactive term. These Olefins content ....................... 2.5 vol %.
additional extension fuels shall have Saturates content .................. 2.0 vol %.
Octane ................................... 0.5.
the following properties: Candidate parameter ............. To be determined as part of
(i) The parameter being tested shall the augmentation process.
be present at its extension level.
(ii) The interacting parameter shall (2) The extension and addition fuels
be present at the levels specified in shall be specified with at least the
paragraph (b)(2)(i) of this section for same level of detail and precision as
extension Fuels 2 and 3. defined in paragraph (c)(2)(ii) of this
(iii) All other parameters shall be section, and this information must be
present at the levels specified in para- included in the petition submitted to
graph (b)(2)(ii) of this section. the Administrator requesting aug-
(4) All extension fuels shall contain mentation of the complex emission
detergent control additives in accord- model.
ance with Section 211(l) of the Clean (i) The composition and properties of
Air Act Amendments of 1990 and the the addition and extension fuels shall
associated EPA requirements for such be determined by averaging a series of
additives. independent tests of the properties and

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80.49 40 CFR Ch. I (7101 Edition)

compositional factors defined in para- shall also be made using the complex
graph (c)(2)(ii) of this section as well as model. These adjustments shall be cal-
any additional properties or culated as follows:
compositional factors for which emis- (1) Determine the exhaust emissions
sion benefits are claimed. performance of the actual addition or
(ii) The number of independent tests extension fuels relative to the exhaust
to be conducted shall be sufficiently emissions performance of Clean Air
large to reduce the measurement un- Act baseline fuel using the complex
certainty for each parameter to a suffi- model. For addition fuels, set the level
ciently small value. At a minimum the of the parameter being tested at base-
95% confidence limits (as calculated line levels for purposes of emissions
using a standard t-test) for each pa- performance evaluation using the com-
rameter must be within the following
plex model. For extension fuel #1, set
range of the mean measured value of
the level of the parameter being ex-
each parameter:
tended at the level specified in exten-
Fuel parameter Measurement uncertainty sion fuel #2. Also determine the ex-
API gravity ............................. 0.2 API.
haust emissions performance of the ad-
Sulfur content ........................ 5 ppm. dition fuels specified in paragraph
Benzene content .................... 0.05 vol %. (a)(1) of this section with the level of
RVP ....................................... 0.08 psi.
Octane ................................... 0.1 (R+M/2).
the parameter being tested set at base-
E200 level .............................. 2 %. line levels.
E300 level .............................. 2 %. (2) Calculate adjustment factors for
Oxygenate content ................ 0.2 vol %.
Aromatics content .................. 0.5 vol %. each addition fuel as follows:
Olefins content ....................... 0.3 vol %. (i) Adjustment factors shall be cal-
Saturates content .................. 1.0 vol.% culated using the formula:
Octane ................................... 0.2.

[1 + ( P (actual) 100 )]
Candidate parameter ............. To be determined as part of

A=
the augmentation process.

(iii) Petitioners shall obtain approval [1 + ( P ( nominal ) 100 )]


from EPA for the 95% confidence limits
where
for measurements of fuel parameters
A = the adjustment factor
for which emission reduction benefits
P(actual) = the performance of the actual
are claimed and for which tolerances fuel used in testing according to the com-
are not defined in paragraph (c)(2)(i) of plex model
this section. P(nominal) = the performance that would
(iv) Each test must be conducted in have been achieved by the test fuel defined
the same laboratory in accordance in paragraph (a)(1) of this section accord-
with the procedures outlined at 80.46. ing to the complex model (as described in
(v) The complex emission model de- paragraph (d)(1) of this section).
scribed at 80.45 shall be used to adjust
(ii) Adjustment factors shall be cal-
the emission performance of the addi-
culated for each pollutant and for each
tion and extension fuels to compensate
for differences in fuel compositions emitter class.
that are incorporated in the complex (3) Multiply the measured emissions
model, as described at 80.48. Compen- from each vehicle by the corresponding
sating adjustments for naturally-re- adjustment factor for the appropriate
sulting variations in fuel parameters addition or extension fuel, pollutant,
shall also be made using the complex and emitter class. Use the resulting ad-
model. The adjustment process is de- justed emissions to conduct all mod-
scribed in paragraph (d) of this section. eling and emission effect estimation
(d) The complex emission model de- activities described in 80.48.
scribed at 80.45 shall be used to adjust (e) All fuels included in vehicle test-
the emission performance of addition ing programs shall have an octane
and extension fuels to compensate for number of 87.5, as measured by the
differences in fuel parameters other (R+M)/2 method following the ASTM
than the parameter being tested. Com- D4814 procedures, to within the meas-
pensating adjustments for naturally- urement and blending tolerances speci-
resulting variations in fuel parameters fied in paragraph (c) of this section.

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Environmental Protection Agency 80.55

(f) A single batch of each addition or (2) Formaldehyde and Acetelaldehyde


extension fuel shall be used throughout emissions measured per 80.56.
the duration of the testing program.
80.52 Vehicle preconditioning.
[59 FR 7813, Feb. 16, 1994, as amended at 59
FR 36962, July 20, 1994] (a) Initial vehicle preconditioning
and preconditioning between tests with
80.50 General test procedure require- different fuels shall be performed in ac-
ments for augmentation of the emis- cordance with the General vehicle
sion models. handling requirements per 40 CFR
(a) The following test procedure must 86.13296, up to and including the com-
be followed when testing to augment pletion of the hot start exhaust test.
the complex emission model described (b) The preconditioning procedure
at 80.45. prescribed at 40 CFR 86.13296 shall be
(1) VOC, NOX, CO, and CO2 emissions observed for preconditioning vehicles
must be measured for all fuel-vehicle between tests using the same fuel.
combinations tested.
(2) Toxics emissions must be meas- 80.5380.54 [Reserved]
ured when testing the extension fuels
per the requirements of 80.49(a) or 80.55 Measurement methods for ben-
when testing addition fuels 1, 2, and 3 zene and 1,3-butadiene.
per the requirements of 80.49(a). (a) Sampling for benzene and 1,3-bu-
(3) When testing addition fuels 4, 5, 6, tadiene must be accomplished by bag
and 7 per the requirements of 80.49(a), sampling as used for total hydro-
toxics emissions need not be measured. carbons determination. This procedure
However, EPA reserves the right to re- is detailed in 40 CFR 86.109.
quire the inclusion of such measure- (b) Benzene and 1,3-butadiene must
ments in the test program prior to ap- be analyzed by gas chromatography.
proval of the test program if evidence Expected values for benzene and 1,3-bu-
exists which suggests that adverse tadiene in bag samples for the baseline
interactive effects of the parameter in fuel are 4.0 ppm and 0.30 ppm respec-
question may exist for toxics emis- tively. At least three standards rang-
sions. ing from at minimum 50% to 150% of
(b) The general requirements per 40 these expected values must be used to
CFR 86.13096 shall be met. calibrate the detector. An additional
(c) The engine starting and restart- standard of at most 0.01 ppm must also
ing procedures per 40 CFR 86.13690 be measured to determine the required
shall be followed. limit of quantification as described in
(d) Except as provided for at 80.59, paragraph (d) of this section.
general preparation of vehicles being (c) The sample injection size used in
tested shall follow procedures detailed the chromatograph must be sufficient
in 40 CFR 86.13096 and 86.13196. to be above the laboratory determined
limit of quantification (LOQ) as de-
80.51 Vehicle test procedures.
fined in paragraph (d) of this section
The test sequence applicable when for at least one of the bag samples. A
augmenting the emission models control chart of the measurements of
through vehicle testing is as follows: the standards used to determine the re-
(a) Prepare vehicles per 80.50. sponse, repeatability, and limit of
(b) Initial preconditioning per quantitation of the instrumental meth-
80.52(a)(1). Vehicles shall be refueled od for 1,3-butadiene and benzene must
randomly with the fuels required in be reported.
80.49 when testing to augment the (d) As in all types of sampling and
complex emission model. analysis procedures, good laboratory
(c) Exhaust emissions tests, dyna- practices must be used. See, Lawrence,
mometer procedure per 40 CFR 86.13790 Principals of Environmental Analysis,
with: 55 Analytical Chemistry 14, at 22102218
(1) Exhaust Benzene and 1,3Buta- (1983) (copies may be obtained from the
diene emissions measured per 80.55; publisher, American Chemical Society,
and 1155 16th Street NW., Washington, DC

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80.56 40 CFR Ch. I (7101 Edition)

20036). Reporting reproducibility con- chapter, two impingers or cartridges


trol charts and limits of detection must be connected in series to detect
measurements are integral procedures breakthrough of the first impinger or
to assess the validity of the chosen an- cartridge.
alytical method. The repeatability of (b) In addition, sufficient sample
the test method must be determined by must be drawn through the collecting
measuring a standard periodically dur- cartridges or impingers so that the
ing testing and recording the measured measured quantity of aldehyde is suffi-
values on a control chart. The control ciently greater than the minimum
chart shows the error between the limit of quantitation of the test meth-
measured standard and the prepared od for at least a portion of the exhaust
standard concentration for the periodic test procedure. The limit of quantita-
testing. The error between the meas- tion is determined using the technique
ured standard and the actual standard defined in 80.55(d).
indicates the uncertainty in the anal- (c) Each of the impinger samples are
ysis. The limit of detection (LOD) is quantitatively transferred to a 25 mL
determined by repeatedly measuring a volumetric flask (5 mL more than the
blank and a standard prepared at a sample impinger volume) and brought
concentration near an assumed value to volume with ACN. The cartridge
of the limit of detection. If the average samples are eluted in reversed direc-
concentration minus the average of the tion by gravity feed with 6mL of ACN.
blanks is greater than three standard The eluate is collected in a graduated
deviations of these measurements, then test tube and made up to the 5mL
the limit of detection is at least as low mark with ACN. Both the impinger and
as the prepared standard. The limit of cartridge samples must be analyzed by
quantitation (LOQ) is defined as ten HPLC without additional sample prep-
times the standard deviation of these aration.
measurements. This quantity defines (d) The analysis of the aldehyde de-
the amount of sample required to be rivatives collected is accomplished
measured for a valid analysis. with a high performance liquid chro-
(e) Other sampling and analytical matograph (HPLC). Standards con-
techniques will be allowed if they can sisting of the hydrazone derivative of
be proven to have equal specificity and formaldehyde and acetaldehyde are
equal or better limits of quantitation. used to determine the response, repeat-
Data from alternative methods that ability, and limit of quantitation of the
can be demonstrated to have equiva- HPLC method chosen for acetaldehyde
lent or superior limits of detection, and formaldehyde.
precision, and accuracy may be accept- (e) Other sampling and analytical
ed by the Administrator with indi- techniques will be allowed if they can
vidual prior approval. be proven to have equal specificity and
equal or better limits of quantitation.
80.56 Measurement methods for Data from alternative methods that
formaldehyde and acetaldehyde.
can be demonstrated to have equiva-
(a) Formaldehyde and acetaldehyde lent or superior limits of detection,
will be measured by drawing exhaust precision, and accuracy may be accept-
samples from heated lines through ei- ed by the Administrator with indi-
ther 2,4Dinitrophenylhydrazine vidual prior approval.
(DNPH) impregnated cartridges or
impingers filled with solutions of 80.5780.58 [Reserved]
DNPH in acetonitrile (ACN) as de-
scribed in 86.109 and 86.140 of this 80.59 General test fleet requirements
chapter for formaldehyde analysis. Di- for vehicle testing.
luted exhaust sample volumes must be (a) The test fleet must consist of only
at least 15 L for impingers containing 198991 MY vehicles which are techno-
20 ml of absorbing solution (using more logically equivalent to 1990 MY vehi-
absorbing solution in the impinger re- cles, or of 198688 MY vehicles for
quires proportionally more gas sample which no changes to the engine or ex-
to be taken) and at least 4 L for car- haust system that would significantly
tridges. As required in 86.109 of this affect emissions have been made

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Environmental Protection Agency 80.60

through the 1990 model year. To be twice the applicable emissions stand-
technologically equivalent vehicles at ard shall be placed in the normal emit-
minimum must have closed-loop sys- ter group.
tems and possess adaptive learning. (2) Each vehicle with an exhaust THC
(b) No maintenance or replacement emissions rate which is greater than
of any vehicle component is permitted two times the applicable emissions
except when necessary to ensure oper- standard shall be placed in the higher
ator safety or as specifically permitted emitter group.
in 80.60 and 80.61. All vehicle mainte- (d) The test vehicles in each emitter
nance procedures must be reported to group must conform to the require-
the Administrator. ments of paragraphs (d)(1) through (4)
(c) Each vehicle in the test fleet shall of this section.
have no fewer than 4,000 miles of accu- (1) Test vehicles for the normal emit-
mulated mileage prior to being in- ter sub-fleet must be selected from the
cluded in the test program. list shown in this paragraph (d)(1). This
[59 FR 7813, Feb. 16, 1994, as amended at 59 list is arranged in order of descending
FR 36962, July 20, 1994] vehicle priority, such that the order in
which vehicles are added to the normal
80.60 Test fleet requirements for ex- emitter sub-fleet must conform to the
haust emission testing. order shown (e.g., a ten-vehicle normal
(a) Candidate vehicles which conform emitter group sub-fleet must consist of
to the emission performance require- the first ten vehicles listed in this
ments defined in paragraphs (b) paragraph (d)(1)). If more vehicles are
through (d) of this section shall be ob- tested than the minimum number of
tained directly from the in-use fleet vehicles required for the normal emit-
and tested in their as-received condi- ter sub-fleet, additional vehicles are to
tion. be added to the fleet in the order speci-
(b) Candidate vehicles for the test fied in this paragraph (d)(1), beginning
fleet must be screened for their ex- with the next vehicle not already in-
haust VOC emissions in accordance cluded in the group. The vehicles in the
with the provisions in 80.62. normal emitter sub-fleet must possess
(c) On the basis of pretesting pursu- the characteristics indicated in the
ant to paragraph (b) of this section, the list. If the end of the list is reached in
test fleet shall be subdivided into two adding vehicles to the normal emitter
emitter group sub-fleets: the normal sub-fleet and additional vehicles are
emitter group and the higher emitter desired then they shall be added begin-
group. ning with vehicle number one, and
(1) Each vehicle with an exhaust must be added to the normal emitter
total hydrocarbon (THC) emissions sub-fleet in accordance with the order
rate which is less than or equal to in table A:
TABLE ATEST FLEET DEFINITIONS
Tech.
Veh. No. Fuel system Catalyst Air injection EGR Manufacturer
group

1 ........... Multi ...................... 3W ........................ No Air ................... EGR ..................... 1 GM.


2 ........... Multi ...................... 3W ........................ No Air ................... No EGR ................ 2 Ford.
3 ........... TBI ........................ 3W ........................ No Air ................... EGR ..................... 3 GM.
4 ........... Multi ...................... 3W+OX ................ Air ......................... EGR ..................... 4 Ford.
5 ........... Multi ...................... 3W ........................ No Air ................... EGR ..................... 1 Honda.
6 ........... Multi ...................... 3W ........................ No Air ................... No EGR ................ 2 GM.
7 ........... TBI ........................ 3W ........................ No Air ................... EGR ..................... 3 Chrysler.
8 ........... Multi ...................... 3W+OX ................ Air ......................... EGR ..................... 4 GM.
9 ........... TBI ........................ 3W+OX ................ Air ......................... EGR ..................... 7 Chrysler.
10 ......... Multi ...................... 3W ........................ Air ......................... EGR ..................... 5 Toyota.
11 ......... Multi ...................... 3W ........................ No Air ................... EGR ..................... 1 Ford.
12 ......... Multi ...................... 3W ........................ No Air ................... No EGR ................ 2 Chrysler.
13 ......... Carb ..................... 3W+OX ................ Air ......................... EGR ..................... 9 Toyota.
14 ......... TBI ........................ 3W ........................ No Air ................... EGR ..................... 3 Ford.
15 ......... Multi ...................... 3W+OX ................ Air ......................... EGR ..................... 4 GM.
16 ......... Multi ...................... 3W ........................ No Air ................... EGR ..................... 1 Toyota.
17 ......... Multi ...................... 3W ........................ No Air ................... No EGR ................ 2 Mazda.
18 ......... TBI ........................ 3W ........................ No Air ................... EGR ..................... 3 GM.

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80.61 40 CFR Ch. I (7101 Edition)

TABLE ATEST FLEET DEFINITIONSContinued


Tech.
Veh. No. Fuel system Catalyst Air injection EGR Manufacturer
group

19 ......... Multi ...................... 3W+OX ................ Air ......................... EGR ..................... 4 Ford.
20 ......... Multi ...................... 3W ........................ No Air ................... EGR ..................... 1 Nissan.

TABLE BTECH GROUP DEFINITIONS IN TABLE A


Tech group Fuel system Catalyst Air injection EGR

1 ................ Multi .................................. 3W .................................... No Air ................................ EGR.


2 ................ Multi .................................. 3W .................................... No Air ................................ No EGR.
3 ................ TBI .................................... 3W .................................... No Air ................................ EGR.
4 ................ Multi .................................. 3W+OX ............................. Air ..................................... EGR.
5 ................ Multi .................................. 3W .................................... Air ..................................... EGR.
6 ................ TBI .................................... 3W .................................... Air ..................................... EGR.
7 ................ TBI .................................... 3W+OX ............................. Air ..................................... EGR.
8 ................ TBI .................................... 3W .................................... No Air ................................ No EGR.
9 ................ Carb .................................. 3W+OX ............................. Air ..................................... EGR.

Legend: 80.61 [Reserved]


Fuel system:
Multi = Multi-point fuel injection 80.62 Vehicle test procedures to
TBI = Throttle body fuel injection place vehicles in emitter group sub-
Carb = Carburetted fleets.
Catalyst: One of the two following test proce-
3W = 3Way catalyst dures must be used to screen candidate
3W+OX = 3Way catalyst plus an oxidation
vehicles for their exhaust THC emis-
catalyst
sions to place them within the emitter
Air Injection:
Air = Air injection
group sub-fleets in accordance with the
EGR = Exhaust gas recirculation requirements of 80.60.
(a) Candidate vehicles may be tested
(2) Test vehicles for the higher emit- for their exhaust THC emissions using
ter sub-fleet shall be selected from the the Federal test procedure as detailed
in-use fleet in accordance with para- in 40 CFR part 86, with gasoline con-
graphs (a) and (b) of this section and forming to requirements detailed in 40
with 80.59. Test vehicles for the higher CFR 86.11390. The results shall be used
emitter sub-fleet are not required to in accordance with the requirements in
follow the pattern established in para- 80.60 to place the vehicles within their
graph (d)(1) of this section. respective emitter groups.
(3) The minimum test fleet size is 20 (b) Alternatively, candidate vehicles
vehicles. Half of the vehicles tested may be screened for their exhaust THC
must be included in the normal emitter emissions with the IM240 short test
sub-fleet and half of the vehicles tested procedure.1 The results from the IM240
must be in the higher emitter sub-fleet. shall be converted into results com-
If additional vehicles are tested beyond parable with the standard exhaust FTP
the minimum of twenty vehicles, the as detailed in this paragraph (b) to
additional vehicles shall be distributed place the vehicles within their respec-
equally between the normal and higher tive emitter groups in accordance with
emitter sub-fleets. the requirements of 80.60.
(4) For each emitter group sub-fleet,
70 9.5% of the sub-fleet must be LDVs, 1 EPA Technical Report EPAAATSS911.
& 30 9.5% must be LDTs. LDTs in- Copies may be obtained by ordering publica-
clude light-duty trucks class 1 (LDT1), tion number PB92104405 from the National
and light-duty trucks class 2 (LDT2) up Technical Information Service, 5285 Port
to 8500 lbs GVWR. Royal Road, Springfield, Virginia 22161.

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Environmental Protection Agency 80.65

(1) A candidate vehicle with IM240 on either a per-gallon or average basis.


test results <0.367 grams THC per vehi- For any specific averaging period and
cle mile shall be classified as a normal parameter all batches of gasoline or
emitter. RBOB shall be designated as being sub-
(2) A candidate vehicle with IM240 ject to the per-gallon standard, or all
test results 0.367 grams THC per vehi- batches of gasoline and RBOB shall be
cle mile shall be classified as a higher designated as being subject to the aver-
emitter. age standard. For any specific aver-
aging period and parameter a refiner
80.6380.64 [Reserved] for a refinery, or any importer or oxy-
80.65 General requirements for refin- genate blender, may not designate cer-
ers, importers, and oxygenate tain batches as being subject to the
blenders. per-gallon standard and others as being
subject to the average standard.
(a) Date requirements begin. The re-
(ii) In the event any refiner for a re-
quirements of this subpart D apply to
finery, or any importer or oxygenate
all gasoline produced, imported, trans-
blender, fails to meet the requirements
ported, stored, sold, or dispensed:
(1) At any location other than retail of paragraph (c)(3)(i) of this section and
outlets and wholesale purchaser-con- for a specific averaging period and pa-
sumer facilities on or after December 1, rameter designates certain batches as
1994; and being subject to the per-gallon stand-
(2) At any location on or after Janu- ard and others as being subject to the
ary 1, 1995. average standard, all batches produced
(b) Certification of gasoline and RBOB. or imported during the averaging pe-
Gasoline or RBOB sold or dispensed in riod that were designated as being sub-
a covered area must be certified under ject to the average standard shall, ab
80.40. initio, be redesignated as being subject
(c) Standards must be met on either a to the per- gallon standard. This redes-
per-gallon or on an average basis. (1) Any ignation shall apply regardless of
refiner or importer, for each batch of whether the batches in question met or
reformulated gasoline or RBOB it pro- failed to meet the per-gallon standard
duces or imports, shall meet: for the parameter in question.
(i) Those standards and requirements (d) Designation of gasoline. Any re-
it designated under paragraph (d) of finer or importer of gasoline shall des-
this section for per-gallon compliance ignate the gasoline it produces or im-
on a per-gallon basis; and ports as follows:
(ii) Those standards and require- (1) All gasoline produced or imported
ments it designated under paragraph shall be properly designated as either
(d) of this section for average compli- reformulated or conventional gasoline,
ance on an average basis over the ap- or as RBOB.
plicable averaging period; except that (2) All gasoline designated as refor-
(iii) Refiners and importers are not mulated or as RBOB shall be further
required to meet the oxygen standard properly designated as:
for RBOB. (i) Either VOC-controlled or not
(2) Any oxygenate blender, for each VOC-controlled;
batch of reformulated gasoline it pro- (ii) In the case of gasoline or RBOB
duces by blending oxygenate with designated as VOC-controlled, either
RBOB shall, subsequent to the addition intended for use in VOC-Control Region
of oxygenate, meet the oxygen stand- 1 or VOC-Control Region 2 (as defined
ard either per-gallon or average over in 80.71);
the applicable averaging period. (iii) [Reserved]
(3)(i) For each averaging period, and (A) Gasoline must be designated as
separately for each parameter that oxygenated fuels program reformulated
may be met either per-gallon or on av- gasoline if such gasoline:
erage, any refiner shall designate for (1) Has an oxygen content that is
each refinery, and any importer or oxy- greater than or equal to 2.0 weight per-
genate blender shall designate, its gas- cent; and
oline or RBOB as being subject to the (2) Arrives at a terminal from which
standard applicable to that parameter gasoline is dispensed into trucks used

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80.65 40 CFR Ch. I (7101 Edition)

to deliver gasoline to an oxygenated digits of the year in which the batch


fuels control area within five days was produced, and a unique number for
prior to the beginning of the the batch, beginning with the number
oxygenated fuels control period for one for the first batch produced or im-
that control area. ported each calendar year and each
(B) Gasoline may be designated as subsequent batch during the calendar
oxygenated fuels program reformulated year being assigned the next sequential
gasoline if such gasoline has an oxygen number (e.g., 43215432195000001, 4321
content that is greater than or equal to 5432195000002, etc.).
2.0 weight percent, regardless of wheth- (e) Determination of properties. (1)
er the gasoline is intended for use in Each refiner or importer shall deter-
any oxygenated fuels program control mine the value of each of the prop-
area during an oxygenated fuels pro- erties specified in paragraph (e)(2)(i) of
gram control period. this section for each batch of reformu-
(iv) For gasoline or RBOB produced, lated gasoline it produces or imports
imported, sold, dispensed or used dur- prior to the gasoline leaving the refin-
ing the period January 1, 1995 through ery or import facility, by collecting
December 31, 1997, either as being sub- and analyzing a representative sample
ject to the simple model standards, or of gasoline taken from the batch, using
to the complex model standards; the methodologies specified in 80.46.
(v) For each of the following param- This collection and analysis shall be
eters, either gasoline or RBOB which carried out either by the refiner or im-
meets the standard applicable to that porter, or by an independent labora-
parameter on a per-gallon basis or on tory. A batch of simple model reformu-
average: lated gasoline may be released by the
(A) Toxics emissions performance; refiner or importer prior to the receipt
(B) NOX emissions performance in the of the refiners or importers test re-
case of gasoline certified using the sults except for test results for oxygen
complex model. and benzene, and RVP in the case of
(C) Benzene content; VOC-controlled gasoline.
(D) With the exception of RBOB, oxy- (2) In the event that the values of
gen content; any of these properties is determined
(E) In the case of VOC-controlled gas- by the refiner or importer and by an
oline or RBOB certified using the sim- independent laboratory in conformance
ple model, RVP; and with the requirements of paragraph (f)
(F) In the case of VOC-controlled gas- of this section:
oline or RBOB certified using the com- (i) The results of the analyses con-
plex model, VOC emissions perform- ducted by the refiner or importer for
ance; and such properties shall be used as the
(vi) In the case of RBOB, as RBOB basis for compliance determinations
that may be blended with: unless the absolute value of the dif-
(A) Any oxygenate; ferences of the test results from the
(B) Ether only; two laboratories is larger than the fol-
(C) Any renewable oxygenate; lowing values:
(D) Renewable ether only;
Fuel property Range
(E) Non-VOC controlled renewable
ether only. Sulfur content ............................................ 25 ppm
(3) Every batch of reformulated or Aromatics content ..................................... 2.7 vol %
Olefins content .......................................... 2.5 vol %
conventional gasoline or RBOB pro- Benzene content ....................................... 0.21 vol %
duced or imported at each refinery or Ethanol content ......................................... 0.4 vol %
import facility, or each batch of Methanol content ...................................... 0.2 vol %
MTBE (and other methyl ethers) content 0.6 vol %
blendstock produced and sold or trans- ETBE (and other ethyl ethers) content ..... 0.6 vol %
ferred if blendstock accounting is re- TAME ........................................................ 0.6 vol %
quired under 80.102(e), shall be as- t-Butanol content ....................................... 0.6 vol %
RVP ........................................................... 0.3 psi
signed a number (the batch number), 50% distillation (T50) ................................ 5 F
consisting of the EPA-assigned refiner, 90% distillation (T90) ................................ 5 F
importer or oxygenate blender reg- E200 .......................................................... 2.5 vol %
istration number, the EPA-assigned fa- E300 .......................................................... 3.5 vol %
API Gravity ................................................ 0.3 API
cility registration number, the last two

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Environmental Protection Agency 80.65

(ii) In the event the values from the (2)(i) Any refiner or importer shall
two laboratories for any property fall designate one independent laboratory
outside these ranges, the refiner or im- for each refinery or import facility at
porter shall use as the basis for compli- which reformulated gasoline or RBOB
ance determinations: is produced or imported. This inde-
(A) The larger of the two values for pendent laboratory will collect samples
the property, except the smaller of the and perform analyses in compliance
two results shall be used for with the requirements of this para-
oxygenates; or
graph (f) of this section.
(B) The refiner shall have the gaso-
line analyzed for the property at one (ii) Any refiner or importer shall
additional independent laboratory. If identify this designated independent
this second independent laboratory ob- laboratory to EPA under the registra-
tains a result for the property that is tion requirements of 80.76.
within the range, as listed in paragraph (iii) In order to be considered inde-
(e)(2)(i) of this section, of the refiners pendent:
or importers result for this property, (A) The laboratory shall not be oper-
then the refiners or importers result ated by any refiner or importer, and
shall be used as the basis for compli- shall not be operated by any subsidiary
ance determinations. or employee of any refiner or importer;
(f) Independent analysis requirement. (B) The laboratory shall be free from
(1) Any refiner or importer of reformu- any interest in any refiner or importer;
lated gasoline or RBOB shall carry out and
a program of independent sample col-
(C) The refiner or importer shall be
lection and analyses for the reformu-
free from any interest in the labora-
lated gasoline it produces or imports,
which meets the requirements of one of tory; however
the following two options: (D) Notwithstanding the restrictions
(i) Option 1. The refiner or importer in paragraphs (f)(2)(iii) (A) through (C)
shall, for each batch of reformulated of this section, a laboratory shall be
gasoline or RBOB that is produced or considered independent if it is owned or
imported, have the value for each prop- operated by a gasoline pipeline com-
erty specified in paragraph (e)(2)(i) of pany, regardless of ownership or oper-
this section determined by an inde- ation of the gasoline pipeline company
pendent laboratory that collects and by refiners or importers, provided that
analyzes a representative sample from such pipeline company is owned and
the batch using the methodologies operated by four or more refiners or
specified in 80.46. importers.
(ii) Option 2. The refiner or importer (iv) Use of a laboratory that is
shall have a periodic independent test- debarred, suspended, or proposed for
ing program carried out for all refor-
debarment pursuant to the Govern-
mulated gasoline produced or im-
ported, which shall consist of the fol- mentwide Debarment and Suspension
lowing: regulations, 40 CFR part 32, or the De-
(A) An independent laboratory shall barment, Suspension and Ineligibility
collect a representative sample from provisions of the Federal Acquisition
each batch of reformulated gasoline Regulations, 48 CFR part 9, subpart 9.4,
that the refiner or importer produces shall be deemed noncompliance with
or imports; the requirements of this paragraph (f).
(B) EPA will identify up to ten per- (v) Any laboratory that fails to com-
cent of the total number of samples ply with the requirements of this para-
collected under paragraph (f)(1)(ii)(A) graph (f) shall be subject to debarment
of this section; and or suspension under Governmentwide
(C) The designated independent lab- Debarment and Suspension regula-
oratory shall, for each sample identi- tions, 40 CFR part 32, or the Debar-
fied by EPA under paragraph ment, Suspension and Ineligibility reg-
(f)(1)(ii)(B) of this section, determine ulations, Federal Acquisition Regula-
the value for each property using the tions, 48 CFR part 9, subpart 9.4.
methodologies specified in 80.46.

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80.65 40 CFR Ch. I (7101 Edition)

(3) Any refiner or importer shall, for (iv) To supply to EPA, upon EPAs
all samples collected or analyzed pur- request, any sample collected or a por-
suant to the requirements of this para- tion of any such sample.
graph (f), cause its designated inde- (4) Any refiner that produces refor-
pendent laboratory: mulated gasoline using computer-con-
(i) At the time the designated inde- trolled in-line blending equipment is
pendent laboratory collects a rep- exempt from the independent sampling
resentative sample from a batch of re- and testing requirements specified in
formulated gasoline, to: paragraphs (f)(1) through (3) of this sec-
(A) Obtain the refiners or importers tion and from the requirement of para-
assigned batch number for the batch graph (e)(1) of this section to obtain
being sampled; test results for each batch prior to the
(B) Determine the volume of the gasoline leaving the refinery, provided
batch; that such refiner:
(C) Determine the identification (i) Obtains from EPA an exemption
number of the gasoline storage tank or from these requirements. In order to
tanks in which the batch was stored at seek such an exemption, the refiner
the time the sample was collected; shall submit a petition to EPA, such
(D) Determine the date and time the petition to include:
batch became finished reformulated (A) A description of the refiners
gasoline, and the date and time the computer-controlled in-line blending
sample was collected; operation, including a description of:
(E) Determine the grade of the batch (1) The location of the operation;
(e.g., premium, mid-grade, or regular); (2) The length of time the refiner has
and used the operation;
(F) In the case of reformulated gaso- (3) The volumes of gasoline produced
line produced through computer-con- using the operation since the refiner
trolled in-line blending, determine the began the operation or during the pre-
date and time the blending process vious three years, whichever is shorter,
began and the date and time the blend- by grade;
ing process ended, unless exempt under (4) The movement of the gasoline
paragraph (f)(4) of this section; produced using the operation to the
(ii) To retain each sample collected point of fungible mixing, including any
pursuant to the requirements of this points where all or portions of the gas-
paragraph (f) for a period of 30 days, ex- oline produced is accumulated in gaso-
cept that this period shall be extended line storage tanks;
to a period of up to 180 days upon re- (5) The physical lay-out of the oper-
quest by EPA; ation;
(iii) To submit to EPA periodic re- (6) The automated control system,
ports, as follows: including the method of monitoring
(A) A report for the period January and controlling blend properties and
through March shall be submitted by proportions;
May 31; a report for the period April (7) Any sampling and analysis of gas-
through June shall be submitted by oline that is conducted as a part of the
August 31; a report for the period July operation, including on-line, off-line,
through September shall be submitted and composite, and a description of the
by November 30; and a report for the methods of sampling, the methods of
period October through December shall analysis, the parameters analyzed and
be submitted by February 28; the frequency of such analyses, and
(B) Each report shall include, for any written, printed, or computer-
each sample of reformulated gasoline stored results of such analyses, includ-
that was analyzed pursuant to the re- ing information on the retention of
quirements of this paragraph (f): such results;
(1) The results of the independent (8) Any sampling and analysis of gas-
laboratorys analyses for each prop- oline produced by the operation that
erty; and occurs downstream from the blending
(2) The information specified in para- operation prior to fungible mixing of
graph (f)(3)(i) of this section for such the gasoline, including any such sam-
sample; and pling and analysis by the refiner and

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Environmental Protection Agency 80.66

by any purchaser, pipeline or other car- Any refiner for each refinery, any oxy-
rier, or by independent laboratories; genate blender for each oxygenate
(9) Any quality assurance procedures blending facility, and any importer
that are carried out over the operation; shall exclude from all compliance cal-
and culations the volume and properties of
(10) Any occasion(s) during the pre- any reformulated gasoline that is pro-
vious three years when the refiner ad- duced at another refinery or oxygenate
justed any physical or chemical prop- blending facility or imported by an-
erty of any gasoline produced using the other importer.
operation downstream from the oper- [59 FR 7813, Feb. 16, 1994, as amended at 59
ation, including the nature of the ad- FR 36962, July 20, 1994; 59 FR 39289, Aug. 2,
justment and the reason the gasoline 1994; 59 FR 60715, Nov. 28, 1994; 62 FR 60135,
had properties that required adjust- Nov. 6, 1997]
ment; and
EFFECTIVE DATE NOTE: At 59 FR 39289, Aug.
(B) A description of the independent 2, 1994, 80.65 was amended by revising para-
audit program of the refiners com- graph (d)(2)(vi) effective September 1, 1994.
puter-controlled in-line blending oper- At 59 FR 60715, Nov. 28, 1994, the amendment
ation that the refiner proposes will sat- was stayed effective September 13, 1994.
isfy the requirements of this paragraph
(f)(4); and 80.66 Calculation of reformulated
(ii) Carries out an independent audit gasoline properties.
program of the refiners computer-con- (a) All volume measurements re-
trolled in-line blending operation, such quired by these regulations shall be
program to include: temperature adjusted to 60 degrees
(A) For each batch of reformulated Fahrenheit.
gasoline produced using the operation, (b) The percentage of oxygen by
a review of the documents generated weight contained in a gasoline blend,
that is sufficient to determine the based upon its percentage oxygenate by
properties and volume of the gasoline volume and density, shall exclude de-
produced; naturants and water.
(B) Audits that occur no less fre- (c) The properties of reformulated
quently than annually; gasoline consist of per-gallon values
(C) Reports of the results of such au- separately and individually determined
dits submitted to the refiner, and to on a batch-by-batch basis using the
EPA by the auditor no later than Feb- methodologies specified in 80.46 for
ruary 28 of each year; each of those physical and chemical pa-
(D) Audits that are conducted by an rameters necessary to determine com-
auditor that meets the non-debarred pliance with the standards to which
criteria specified in 80.125 (a) and/or the gasoline is subject, and per-gallon
(d); and values for the VOC, NOX, and toxics
(iii) Complies with any other require- emissions performance standards to
ments that EPA includes as part of the which the gasoline is subject.
exemption. (d) Per-gallon oxygen content shall
(g) Marking of conventional gasoline. be determined based upon the weight
[Reserved] percent oxygen of a representative
(h) Compliance audits. Any refiner and sample of gasoline, using the method
importer of any reformulated gasoline set forth in 80.46(g). The total oxygen
or RBOB, and any oxygenate blender of content associated with a batch of gas-
any RBOB who meets the oxygen oline (in percent-gallons) is calculated
standard on average, shall have the re- by multiplying the weight percent oxy-
formulated gasoline and RBOB it pro- gen content times the volume.
duced, imported, or blended during (e) Per-gallon benzene content shall
each calendar year audited for compli- be determined based upon the volume
ance with the requirements of this sub- percent benzene of a representative
part D, in accordance with the require- sample of a batch of gasoline by the
ments of subpart F, at the conclusion method set forth in 80.46(e). The total
of each calendar year. benzene content associated with a
(i) Exclusion from compliance calcula- batch of gasoline (in percent-gallons) is
tions of gasoline received from others. calculated by multiplying the volume

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80.67 40 CFR Ch. I (7101 Edition)

percent benzene content times the vol- 80.41 for per-gallon compliance, and
ume. does not have the option of meeting
(f) Per-gallon RVP shall be deter- standards on average.
mined based upon the measurement of (2)(i)(A) A refiner or importer that
RVP of a representative sample of a produces or imports reformulated gaso-
batch of gasoline by the sampling line that exceeds the average standards
methodologies specified in appendix D for oxygen or benzene (but not for
of this part and the testing method- other parameters that have average
ology specified in appendix E of this standards) may use such gasoline to
part. The total RVP value associated offset reformulated gasoline which
with a batch of gasoline (in RVP-gal- does not achieve such average stand-
lons) is calculated by multiplying the ards, but only if the reformulated gaso-
RVP times the volume. line that does not achieve such average
(g)(1) Per gallon values for VOC and standards is sold to ultimate con-
NOX emissions reduction shall be cal- sumers in the same covered area as was
culated using the methodology speci- the reformulated gasoline which ex-
fied in 80.45 that is appropriate for the ceeds average standards; provided that
gasoline. (B) Prior to the beginning of the
(2) Per-gallon values for toxic emis- averaging period when the averaging
sions performance reduction shall be approach described in paragraph
established using: (a)(2)(i)(A) of this section is used, the
(i) For gasoline subject to the simple refiner or importer obtains approval
model, the methodology under 80.42 from EPA. In order to seek such ap-
that is appropriate for the gasoline; proval, the refiner or importer shall
and submit a petition to EPA, such peti-
(ii) For gasoline subject to the com- tion to include:
plex model, the methodology specified (1) The identification of the refiner
in 80.45 that is appropriate for the and refinery, or importer, the covered
gasoline. area, and the averaging period; and
(3) The total VOC, NOX, and toxic (2) A detailed description of the pro-
emissions performance reduction val- cedures the refiner or importer will use
ues associated with a batch of gasoline to ensure the gasoline is produced by
(in percent reduction-gallons) is cal- the refiner or is imported by the im-
culated by multiplying the per-gallon porter and is used only in the covered
percent emissions performance reduc- area in question and is not used in any
tion times the volume of the batch. other covered area, and the record
[59 FR 7813, Feb. 16, 1994, as amended at 59 keeping, reporting, auditing, and other
FR 36963, July 20, 1994] quality assurance measures that will
be followed to establish the gasoline is
80.67 Compliance on average. used as intended; and
The requirements of this section (C) The refiner or importer properly
apply to all reformulated gasoline and completes any requirements that are
RBOB produced or imported for which specified by EPA as conditions for ap-
compliance with one or more of the re- proval of the petition.
quirements of 80.41 is determined on (ii) Any refiner or importer that
average (averaged gasoline). meets the requirements of paragraph
(a) Compliance survey required in order (a)(2)(i) of this section will be deemed
to meet standards on average. (1) Any re- to have satisfied the compliance survey
finer, importer, or oxygenate blender requirements of 80.68 for the covered
that complies with the compliance sur- area in question.
vey requirements of 80.68 has the op- (b) Scope of averaging. (1) Any refiner
tion of meeting the standards specified shall meet all applicable averaged
in 80.41 for average compliance in ad- standards separately for each of the re-
dition to the option of meeting the finers refineries;
standards specified in 80.41 for per-gal- (2)(i) Any importer shall meet all ap-
lon compliance; any refiner, importer, plicable averaged standards on the
or oxygenate blender that does not basis of all averaged reformulated gas-
comply with the survey requirements oline and RBOB imported by the im-
must meet the standards specified in porter; except that

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Environmental Protection Agency 80.67

(ii) Any importer to whom different formance specified in 80.41 which are
standards apply for gasoline imported applicable to that refinery or importer.
at different facilities by operation of (d) Toxics emissions reduction and ben-
80.41(i), shall meet the averaged zene compliance on average. (1) The aver-
standards separately for the averaged aging period for the requirements for
reformulated gasoline and RBOB im- benzene content and toxics emission
ported into each group of facilities that performance is January 1 through De-
is subject to the same standards; and cember 31 of each year.
(3) Any oxygenate blender shall meet (2) The reformulated gasoline and
the averaged standard for oxygen sepa- RBOB produced at any refinery or im-
rately for each of the oxygenate blend- ported by any importer during the
ers oxygenate blending facilities, ex- toxics emissions performance and ben-
cept that any oxygenate blender may zene averaging periods that is des-
group the averaged reformulated gaso- ignated for average compliance for
line produced at facilities at which gas- these parameters shall on average meet
oline is produced for use in a single the standards specified for toxics emis-
covered area. sions performance and benzene in 80.41
(c) RVP and VOC emissions perform- which are applicable to that refinery or
ance reduction compliance on average. (1) importer.
The VOC-controlled reformulated gaso- (3) Each gallon of reformulated gaso-
line and RBOB produced at any refin- line may not exceed the maximum
ery or imported by any importer dur- standard for benzene content specified
ing the period January 1 through Sep- in 80.41 which is applicable to that re-
tember 15 of each calendar year which finery or importer.
is designated for average compliance (e) NOX compliance on average. (1) The
for RVP or VOC emissions performance averaging period for NOX emissions
on average must meet the standards performance is January 1 through De-
for RVP (in the case of a refinery or cember 31 of each year.
importer subject to the simple model (2) The requirements of this para-
standards) or the standards for VOC graph (e) apply separately to reformu-
emissions performance reduction (in lated gasoline and RBOB in the fol-
the case of a refinery or importer sub- lowing categories:
ject to the complex model standards)
(i) All reformulated gasoline and
which are applicable to that refinery or
RBOB that is designated as VOC-con-
importer as follows:
trolled; and
(i) Gasoline and RBOB designated for
(ii) All reformulated gasoline and
VOC Control Region 1 must meet the
RBOB that is not designated as VOC-
standards for that Region which are
controlled.
applicable to that refinery or importer;
and (3) The reformulated gasoline and
(ii) Gasoline and RBOB designated RBOB produced at any refinery or im-
for VOC Control Region 2 must meet ported by any importer during the NOX
the standards for that Region which averaging period that is designated for
are applicable to that refinery or im- average compliance for NOX shall on
porter. average meet the standards for NOX
(2) In the case of a refinery or im- specified in 80.41 that are applicable
porter subject to the simple model to that refinery or importer.
standards, each gallon of reformulated (f) Oxygen compliance on average. (1)
gasoline and RBOB designated as being The averaging period for the oxygen
VOC-controlled may not exceed the content requirements is January 1
maximum standards for RVP specified through December 31 of each year.
in 80.41(b) which are applicable to that (2) The requirements of this para-
refiner or importer. graph (f) apply separately to reformu-
(3) In the case of a refinery or im- lated gasoline in the following cat-
porter subject to the complex model egories:
standards, each gallon of reformulated (i) All reformulated gasoline;
gasoline designated as being VOC-con- (ii) [Reserved]
trolled must equal or exceed the min- (iii) In the case of reformulated gaso-
imum standards for VOC emissions per- line certified under the simple model,

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80.67 40 CFR Ch. I (7101 Edition)

that which is designated as VOC- con- n


ACTUAL TOTAL = ( Vi parm i )
trolled.
(3) The reformulated gasoline pro-
duced at any refinery or imported by i =1
any importer during the oxygen aver-
where
aging period that is designated for av-
Vi = the volume of gasoline batch i
erage compliance for oxygen shall on
parmi = the parameter value of gasoline
average meet the standards for oxygen batch i
specified in 80.41 that is applicable to n = the number of batches of gasoline pro-
that refinery or importer. duced or imported during the averaging pe-
(4) The reformulated gasoline that is riod
produced at any oxygenate blending fa-
(2) For each standard, compare the
cility by blending RBOB with oxygen-
actual total with the compliance total.
ate that is designated for average com-
(3) For the VOC, NOX, and toxics
pliance for oxygen shall on average
emissions performance and oxygen
meet the standards for oxygen specified
standards, the actual totals must be
in 80.41 that is applicable to that oxy-
equal to or greater than the compli-
genate blending facility.
ance totals to achieve compliance.
(5) Each gallon of reformulated gaso- (4) For RVP and benzene standards,
line must meet the applicable min- the actual total must be equal to or
imum requirements, and in the case of less than the compliance totals to
simple model reformulated gasoline achieve compliance.
the minimum and maximum require- (5) If the actual total for the oxygen
ments, for oxygen content specified in standard is less than the compliance
80.41. total, or if the actual total for the ben-
(g) Compliance calculation. To deter- zene standard is greater than the com-
mine compliance with the averaged pliance total, credits for these param-
standards in 80.41, any refiner for each eters must be obtained from another
of its refineries at which averaged re- refiner, importer or (in the case of oxy-
formulated gasoline or RBOB is pro- gen) oxygenate blender in order to
duced, any oxygenate blender for each achieve compliance:
of its oxygenate blending facilities at (i) The total number of oxygen cred-
which oxygen averaged reformulated its required to achieve compliance is
gasoline is produced, and any importer calculated by subtracting the actual
that imports averaged reformulated total from the compliance total oxy-
gasoline or RBOB shall, for each aver- gen; and
aging period and for each portion of (ii) The total number of benzene cred-
gasoline for which standards must be its required to achieve compliance is
separately achieved, and for each rel- calculated by subtracting the compli-
evant standard, calculate: ance total from the actual total ben-
(1)(i) The compliance total using the zene.
following formula: (6) If the actual total for the oxygen
standard is greater than the compli-
n ance total, or if the actual total for the
COMPLIANCE TOTAL = Vi std benzene standard is less than the com-
i =1 pliance totals, credits for these param-
eters are generated:
where (i) The total number of oxygen cred-
Vi = the volume of gasoline batch i its which may be traded to another re-
std = the standard for the parameter being finery, importer, or oxygenate blender
evaluated is calculated by subtracting the com-
n = the number of batches of gasoline pro- pliance total from the actual total for
duced or imported during the averaging pe- oxygen; and
riod (ii) The total number of benzene cred-
its which may be traded to another re-
and
finery or importer is calculated by sub-
(ii) The actual total using the fol- tracting the actual total from the com-
lowing formula: pliance total for benzene.

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Environmental Protection Agency 80.68

(h) Credit transfers. (1) Compliance transfer improperly created credits;


with the averaged standards specified and
in 80.41 for oxygen and benzene (but (iii) Where any credit transferor has
for no other standards or requirements) in its balance at the conclusion of any
may be achieved through the transfer averaging period both credits which
of oxygen and benzene credits provided were properly created and credits
that: which were improperly created, the
(i) The credits were generated in the properly created credits will be applied
same averaging period as they are first to any credit transfers before the
used; transferor may apply any credits to
(ii) The credit transfer takes place no
achieve its own compliance.
later than fifteen working days fol-
lowing the end of the averaging period (i) Average compliance for reformulated
in which the reformulated gasoline gasoline produced or imported before Jan-
credits were generated; uary 1, 1995. In the case of any reformu-
(iii) The credits are properly created; lated gasoline that is intended to be
(iv) The credits are transferred di- used beginning January 1, 1995, but
rectly from the refiner, importer, or that is produced or imported prior to
oxygenate blender that creates the that date:
credits to the refiner, importer, or oxy- (1) Any refiner or importer may meet
genate blender that uses the credits to standards specified in 80.41 for average
achieve compliance; compliance for such gasoline, provided
(v) Oxygen credits are generated, the refiner or importer has the option
transferred, and used: of meeting standards on average for
(A) In the case of gasoline subject to 1995 under paragraph (a) of this section,
the simple model standards, only in the and provided the refiner or importer
following categories: elects to be subject to average stand-
(1) VOC-controlled; and ards under 80.65(c)(3); and
(2) Non-VOC-controlled. (2) Any average compliance gasoline
(B) [Reserved] under paragraph (i)(1) of this section
(vi) Oxygen credits generated from
shall be combined with average compli-
gasoline subject to the complex model
ance gasoline produced during 1995 for
standards are not used to achieve com-
pliance for gasoline subject to the sim- purposes of compliance calculations
ple model standards; under paragraph (g) of this section.
(vii) Oxygen credits are not used to [38 FR 1255, Jan. 10, 1973, as amended at 62
achieve compliance with the minimum FR 60135, Nov. 6, 1997; 62 FR 68207, Dec. 31,
oxygen content standards in 80.41; and 1997]
(viii) Benzene credits are not used to
achieve compliance with the maximum 80.68 Compliance surveys.
benzene content standards in 80.41. (a) Compliance survey option 1. In
(2) No party may transfer any credits order to satisfy the compliance survey
to the extent such a transfer would re- requirements, any refiner, importer, or
sult in the transferor having a negative oxygenate blender shall properly con-
credit balance at the conclusion of the
duct a program of compliance surveys
averaging period for which the credits
in accordance with a survey program
were transferred. Any credits trans-
plan which has been approved by the
ferred in violation of this paragraph
are improperly created credits. Administrator of EPA in each covered
(3) In the case of credits that were area which is supplied with any gaso-
improperly created, the following pro- line for which compliance is achieved
visions apply: on average that is produced by that re-
(i) Improperly created credits may finer or oxygenate blender or imported
not be used to achieve compliance, re- by that importer. Such approval shall
gardless of a credit transferees good be based upon the survey program plan
faith belief that it was receiving valid meeting the following criteria:
credits; (1) The survey program shall consist
(ii) No refiner, importer, or oxygen- of at least four surveys which shall
ate blender may create, report, or

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80.68 40 CFR Ch. I (7101 Edition)

occur during the following time peri- (2) This initial survey schedule shall
ods: one survey during the period Janu- be adjusted as follows:
ary 1 through May 31; two surveys dur- (i) In the event one or more ozone
ing the period June 1 through Sep- nonattainment areas in addition to the
tember 15; and one survey during the nine specified in 80.70, opt into the re-
period September 16 through December formulated gasoline program, the num-
31. ber of surveys to be conducted in the
(2) The survey program shall meet year the area or areas opt into the pro-
the criteria stated in paragraph (c) of gram and in each subsequent year shall
this section. be increased according to the following
(3) In the event that any refiner, im- formula:
porter, or oxygenate blender fails to
properly carry out an approved survey V
opt in
program, the refiner, importer, or oxy-
ANSi = NSi + NSi
genate blender shall achieve compli- V
ance with all applicable standards on a orig
per-gallon basis for the calendar year
in which the failure occurs, and may where:
not achieve compliance with any ANSi = the adjusted number of surveys for
standard on an average basis during year i; i = the opt-in year and each subse-
this calendar year. This requirement to quent year
NSi = the number of surveys according to the
achieve compliance per-gallon shall schedule in paragraph (b)(1) of this section
apply ab initio to the beginning of any in year i; i = the opt-in year and each sub-
calendar year in which the failure oc- sequent year
curs, regardless of when during the Vopt-in = the total volume of gasoline supplied
year the failure occurs. to the opt-in covered areas in the year pre-
(b) Compliance survey option 2. A re- ceding the year of the opt-in
finer, importer, or oxygenate blender Vorig = the total volume of gasoline supplied
shall be deemed to have satisfied the to the original nine covered areas in the
year preceding the year of the opt-in
compliance survey requirements de-
scribed in paragraph (a) of this section (ii) In the event that any covered
if a comprehensive program of surveys area fails a survey or survey series ac-
is properly conducted in accordance cording to the criteria set forth in
with a survey program plan which has paragraph (c) of this section, the an-
been approved by the Administrator of nual decreases in the numbers of sur-
EPA. Such approval shall be based veys prescribed by paragraph (b)(1) of
upon the survey program plan meeting this section, as adjusted by paragraph
the following criteria: (b)(2)(i) of this section, shall be ad-
(1) The initial schedule for the con- justed as follows in the year following
duct of surveys shall be as follows: the year of the failure. Any such ad-
(i) 120 surveys shall be conducted in justment to the number of surveys
1995; shall remain in effect so long as any
(ii) 80 surveys shall be conducted in standard for the affected covered area
1996; has been adjusted to be more stringent
(iii) 60 surveys shall be conducted in as a result of a failed survey or survey
1997; series. The adjustments shall be cal-
(iv) 70 surveys shall be conducted in culated according to the following for-
1998 and thereafter. mula:

V
ANSi = failed ( NS i 1 NS i ) + NS i
Vtotal

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Environmental Protection Agency 80.68
where: model samples that are collected pur-
ANSi = the adjusted number of surveys in suant to the applicable survey design
year i; i = the year after the failure and in a single covered area during any
each subsequent year consecutive seven-day period and that
Vfailed = the total volume of gasoline supplied are not excluded under paragraph (c)(6)
to the covered area which failed the survey
or survey series in the year of the failure
of this section.
Vtotal = the total volume of gasoline supplied (iii)(A) The simple model portion of
to all covered areas in the year of the fail- each survey shall be representative of
ure all gasoline certified using the simple
NSi = the number of surveys in year i accord- model which is being dispensed in the
ing to the schedule in paragraph (b)(1) of covered area.
this section and as adjusted by paragraph
(B) The complex model portion of
(b)(2)(i) of this section; i = the year after
the failure and each subsequent year each survey shall be representative of
all gasoline certified using the complex
(3) The survey program shall meet model which is being dispensed in the
the criteria stated in paragraph (c) of covered area.
this section. (2) Beginning on January 1, 1998:
(4) On each occasion the comprehen- (i) A survey shall consist of all sam-
sive survey program does not occur as ples that are collected pursuant to the
specified in the approved plan with re- applicable survey design in a single
gard to any covered area: covered area during any consecutive
(i) Each refiner, importer, and oxy- seven-day period and that are not ex-
genate blender who supplied any refor- cluded under paragraph (c)(6) of this
mulated gasoline or RBOB to the cov- section.
ered area and who has not satisfied the
(ii) A survey shall be representative
survey requirements described in para-
of all gasoline which is being dispensed
graph (a) of this section shall be
in the covered area.
deemed to have failed to carry out an
approved survey program; and (3) A VOC survey and a NOX survey
shall consist of any survey conducted
(ii) The covered area will be deemed
during the period June 1 through Sep-
to have failed surveys for VOC and NOX
tember 15.
emissions performance, and survey se-
ries for benzene and oxygen, and toxic (4)(i) A toxics, oxygen, and benzene
and NOX emissions performance. survey series shall consist of all sur-
(c) General survey requirements. (1) veys conducted in a single covered area
During the period January 1, 1995 during a single calendar year.
through December 31, 1997: (ii) A NOX survey series shall consist
(i) Any sample taken from a retail of all surveys conducted in a single
gasoline storage tank for which the covered area during the periods Janu-
three most recent deliveries were of ary 1 through May 31, and September 16
gasoline designated as meeting: through December 31 during a single
(A) Simple model standards shall be calendar year.
considered a simple model sample; (5)(i) Each simple model sample in-
or cluded in a survey shall be analyzed for
(B) Complex model standards shall be oxygenate type and content, benzene
considered a complex model sample. content, aromatic hydrocarbon con-
(ii) A survey shall consist of the com- tent, and RVP in accordance with the
bination of a simple model portion and methodologies specified in 80.46; and
a complex model portion, as follows: (ii) Each complex model sample in-
(A) The simple model portion of a cluded in a survey shall be analyzed for
survey shall consist of all simple model oxygenate type and content, olefins,
samples that are collected pursuant to benzene, sulfur, and aromatic hydro-
the applicable survey design in a single carbons, E200, E300, and RVP in ac-
covered area during any consecutive cordance with the methodologies speci-
seven-day period and that are not ex- fied in 80.46.
cluded under paragraph (c)(6) of this (6)(i) The results of each survey shall
section. be based upon the results of the anal-
(B) The complex model portion of a ysis of each sample collected during
survey shall consist of all complex the course of the survey, unless the

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80.68 40 CFR Ch. I (7101 Edition)

sample violates the applicable per-gal- emissions equation at 80.42(a)(2) with


lon maximum or minimum standards RVP = 8.1 and OXCON = 2.0 for covered
for the parameter being evaluated plus areas located in VOC-Control Region 2;
any enforcement tolerance that applies and
to the parameter (e.g., a sample that (C) The covered area shall have failed
violates the benzene per-gallon max- the simple model VOC survey if the
imum plus any benzene enforcement VOC emissions reduction average of all
tolerance but meets other per-gallon survey samples is less than VOC emis-
maximum and minimum standards sions reduction survey standard cal-
would be excluded from the benzene culated under paragraph (c)(8)(i)(B) of
survey, but would be included in the this section.
surveys for parameters other than ben- (ii) The results of each complex
zene). model VOC emissions reduction survey
(ii) Any sample from a survey that shall be determined as follows:
violates any standard under 80.41, or (A) For each complex model sample
that constitutes evidence of the viola- from the survey series, the VOC emis-
tion of any prohibition or requirement sions reduction percentage shall be de-
under this subpart D, may be used by termined based upon the tested param-
the Administrator in an enforcement eter values for that sample and the ap-
action for such violation. propriate methodology for calculating
(7) Each laboratory at which samples VOC emissions reduction at 80.45;
in a survey are analyzed shall partici- (B) The covered area shall have failed
pate in a correlation program with the complex model VOC survey if the
EPA to ensure the validity of analysis VOC emissions reduction percentage
results. average of all survey samples is less
(8)(i) The results of each simple than the applicable per-gallon standard
model VOC survey shall be determined for VOC emissions reduction.
as follows: (9)(i) The results of each simple
(A) For each simple model sample model toxics emissions reduction sur-
from the survey, the VOC emissions re- vey series conducted in any covered
duction percentage shall be determined area shall be determined as follows:
based upon the tested values for RVP (A) For each simple model sample
and oxygen for that sample as applied from the survey series, the toxics emis-
to the VOC emissions reduction equa- sions reduction percentage shall be de-
tion at 80.42(a)(1) for VOC-Control Re- termined based upon the tested param-
gion 1 and 80.42(a)(2) for VOC-Control eter values for that sample and the ap-
Region 2; propriate methodology for calculating
(B) The VOC emissions reduction sur- toxics emissions performance reduc-
vey standard applicable to each cov- tion at 80.42.
ered area shall be calculated by using (B) The annual average of the toxics
the VOC emissions equation at emissions reduction percentages for all
80.42(a)(1) with RVP = 7.2 and OXCON samples from a survey series shall be
= 2.0 for covered areas located in VOC- calculated according to the following
Control Region 1 and using the VOC formula:

n1 n2
TER 1, i TER 2 ,i
AATER = i =1 0.468 + i =1 0.532
n1 n2


where TER1,i = the toxics emissions reduction for


AATER = the annual average toxics emis- sample i of gasoline collected during the
sions reduction high ozone season

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Environmental Protection Agency 80.68
TER2,i = the toxics emissions reduction for the covered area shall have failed a
sample i of gasoline collected outside the benzene survey series.
high ozone season (12) For any oxygen content survey
n1 = the number of samples collected during
series conducted in any covered area
the high ozone season
n2 = the number of samples collected outside
the average oxygen content for all
the high ozone season samples from the survey series shall be
calculated. If this annual average is
(C) The covered area shall have failed less than 2.00 percent by weight, the
the simple model toxics survey series if covered area shall have failed an oxy-
the annual average toxics emissions re- gen survey series.
duction is less than the simple model (13) Each survey program shall:
per-gallon standard for toxics emis- (i) Be planned and conducted by a
sions reduction. person who is independent of the re-
(ii) The results of each complex finer or importer (the surveyor). In
model toxics emissions reduction sur- order to be considered independent:
vey series conducted in any covered (A) The surveyor shall not be an em-
area shall be determined as follows: ployee of any refiner or importer;
(A) For each complex model sample (B) The surveyor shall be free from
from the survey series, the toxics emis- any obligation to or interest in any re-
sions reduction percentage shall be de- finer or importer; and
termined based upon the tested param- (C) The refiner or importer shall be
eter values for that sample and the ap- free from any obligation to or interest
propriate methodology for calculating in the surveyor; and
toxics emissions reduction at 80.45; (ii) Include procedures for selecting
(B) The annual average of the toxics sample collection locations, numbers
emissions reduction percentages for all of samples, and gasoline compositions
samples from a survey series shall be which will result in:
calculated according to the formula (A) Simple model surveys rep-
specified in paragraph (c)(9)(i)(B) of resenting all gasoline certified using
this section; and the simple model being dispensed at re-
(C) The covered area shall have failed tail outlets within the covered area
the complex model toxics survey series during the period of the survey; and
if the annual average toxics emissions (B) Complex model surveys rep-
reduction is less than the applicable resenting all gasoline certified using
per-gallon complex model standard for the complex model being dispensed at
toxics emissions reduction. retail outlets within the covered area
(10) The results of each NOX emis- during the period of the survey; and
sions reduction survey and survey se- (iii) Include procedures such that the
ries shall be determined as follows: number of samples included in each
(i) For each sample from the survey survey assures that:
and survey series, the NOX emissions (A) In the case of simple model sur-
reduction percentage shall be deter- veys, the average levels of oxygen, ben-
mined based upon the tested parameter zene, RVP, and aromatic hydrocarbons
values for that sample and the appro- are determined with a 95% confidence
priate methodology for calculating level, with error of less than 0.1 psi for
NOX emissions reduction at 80.45; and RVP, 0.05% for benzene (by volume),
(ii) The covered area shall have failed and 0.1% for oxygen (by weight); and
the NOX survey or survey series if the (B) In the case of complex model sur-
NOX emissions reduction percentage veys, the average levels of oxygen, ben-
average for all survey samples is less zene, RVP, aromatic hydrocarbons,
than the applicable Phase I or Phase II olefins, T50, T90 and sulfur are deter-
complex model per-gallon standard for mined with a 95% confidence level,
NOX emissions reduction. with error of less than 0.1 psi for RVP,
(11) For any benzene content survey 0.05% for benzene (by volume), 0.1% for
series conducted in any covered area oxygen (by weight), 0.5% for olefins (by
the average benzene content for all volume), 5 F. for T50 and T90, and 10
samples from the survey series shall be ppm for sulfur; or an equivalent level
calculated. If this annual average is of precision for the complex model-de-
greater than 1.000 percent by volume, termined emissions parameters; and

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80.68 40 CFR Ch. I (7101 Edition)

(iv) Require that the surveyor shall: zene, aromatic hydrocarbon, and olefin
(A) Not inform anyone, in advance, of content, E200, E300, and RVP, the cal-
the date or location for the conduct of culated NOX and toxics emissions re-
any survey; duction percentage, and for each sur-
(B) Upon request by EPA made with- vey conducted during the period June 1
in thirty days following the submission through September 15, the calculated
of the report of a survey, provide a du- VOC emissions reduction percentage;
plicate of any gasoline sample taken (I) The name and address of each lab-
during that survey to EPA at a loca- oratory where gasoline samples were
tion to be specified by EPA each sam- analyzed;
ple to be identified by the name and ad- (J) A description of the methodology
dress of the facility where collected, utilized to select the locations for sam-
the date of collection, and the classi- ple collection and the numbers of sam-
fication of the sample as simple model ples collected;
or complex model; and (K) For any samples which were ex-
(C) At any time permit any rep- cluded from the survey, a justification
resentative of EPA to monitor the con- for such exclusion; and
duct of the survey, including sample
(L) The average toxics emissions re-
collection, transportation, storage, and
duction percentage for simple model
analysis; and
samples and the percentage for com-
(v) Require the surveyor to submit to
plex model samples, the average ben-
EPA a report of each survey, within
zene and oxygen percentages, and for
thirty days following completion of the
each survey conducted during the pe-
survey, such report to include the fol-
riod June 1 through September 15, the
lowing information:
average VOC emissions reduction per-
(A) The identification of the person
centage for simple model samples and
who conducted the survey;
the percentage for complex model sam-
(B) An attestation by an officer of
ples, and the average NOX emissions re-
the surveyor company that the survey
duction percentage for all complex
was conducted in accordance with the
model samples;
survey plan and that the survey results
are accurate; (14) Each survey shall be conducted
(C) If the survey was conducted for at a time and in a covered area selected
one refiner or importer, the identifica- by EPA no earlier than two weeks be-
tion of that party; fore the date of the survey.
(D) The identification of the covered (15) The procedure for seeking EPA
area surveyed; approval for a survey program plan
(E) The dates on which the survey shall be as follows:
was conducted; (i) The survey program plan shall be
(F) The address of each facility at submitted to the Administrator of EPA
which a gasoline sample was collected, for EPAs approval no later than Sep-
the date of collection, and the classi- tember 1 of the year preceding the year
fication of the sample as simple model in which the surveys will be conducted;
or complex model; and
(G) The results of the analyses of (ii) Such submittal shall be signed by
simple model samples for oxygenate a responsible corporate officer of the
type and oxygen weight percent, ben- refiner, importer, or oxygenate blend-
zene content, aromatic hydrocarbon er, or in the case of a comprehensive
content, and RVP, the calculated survey program plan, by an officer of
toxics emission reduction percentage, the organization coordinating the sur-
and for each survey conducted during vey program.
the period June 1 through September 15 (16)(i) No later than December 1 of
the VOC emissions reduction percent- the year preceding the year in which
age calculated using the methodology the surveys will be conducted, the con-
specified in paragraph (c)(8)(i) of this tract with the surveyor to carry out
section; the entire survey plan shall be in ef-
(H) The results of the analyses of fect, and an amount of money nec-
complex model samples for oxygenate essary to carry out the entire survey
type and oxygen weight percent, ben- plan shall be paid to the surveyor or

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Environmental Protection Agency 80.69

placed into an escrow account with in- (5) Transfer ownership of the RBOB
structions to the escrow agent to pay only to an oxygenate blender who is
the money over to the surveyor during registered with EPA as such, or to an
the course of the conduct of the survey intermediate owner with the restric-
plan. tion that it only be transferred to a
(ii) No later than December 15 of the registered oxygenate blender;
year preceding the year in which the (6) Have a contract with each oxygen-
surveys will be conducted, the Admin- ate blender who receives any RBOB
istrator of EPA shall be given a copy of produced or imported by the refiner or
the contract with the surveyor, proof importer that requires the oxygenate
that the money necessary to carry out blender, or, in the case of a contract
the plan has either been paid to the with an intermediate owner, that re-
surveyor or placed into an escrow ac- quires the intermediate owner to re-
count, and if placed into an escrow ac- quire the oxygenate blender to:
count, a copy of the escrow agreement. (i) Comply with blender procedures
[59 FR 7813, Feb. 16, 1994, as amended at 59 that are specified by the contract and
FR 36963, July 20, 1994; 62 FR 12576, Mar. 17, are calculated to assure blending with
1997; 62 FR 68207, Dec. 31, 1997] the proper type and amount of oxygen-
ate;
80.69 Requirements for downstream (ii) Allow the refiner or importer to
oxygenate blending.
conduct quality assurance sampling
The requirements of this section and testing of the reformulated gaso-
apply to all reformulated gasoline line produced by the oxygenate blend-
blendstock for oxygenate blending, or er;
RBOB, to which oxygenate is added at (iii) Stop selling any gasoline found
any oxygenate blending facility. to not comply with the standards under
(a) Requirements for refiners and im- which the RBOB was produced or im-
porters. For any RBOB produced or im- ported; and
ported, the refiner or importer of the (iv) Carry out the quality assurance
RBOB shall: sampling and testing that this section
(1) Produce or import the RBOB such
requires the oxygenate blender to con-
that, when blended with a specified
duct;
type and percentage of oxygenate, it
(7) Conduct a quality assurance sam-
meets the applicable standards for re-
pling and testing program to be carried
formulated gasoline;
(2) In order to determine the prop- out at the facilities of each oxygenate
erties of RBOB for purposes of calcu- blender who blends any RBOB produced
lating compliance with per-gallon or or imported by the refiner or importer
averaged standards, conduct tests on with any oxygenate, to determine
each batch of the RBOB by: whether the reformulated gasoline
(i) Adding the specified type and which has been produced through
amount of oxygenate to a representa- blending complies with the applicable
tive sample of the RBOB; and standards, using the methodology spec-
(ii) Determining the properties and ified in 80.46 for this determination.
characteristics of the resulting gaso- (i) The sampling and testing program
line using the methodology specified in shall be conducted as follows:
80.65(e); (A) All samples shall be collected
(3) Carry out the independent anal- subsequent to the addition of oxygen-
ysis requirements specified in 80.65(f); ate, and either:
(4) Determine properties of the RBOB (1) Prior combining the resulting gas-
which are sufficient to allow parties oline with any other gasoline; or
downstream from the refinery or im- (2) In the case of truck splash blend-
port facility to establish, through sam- ing, subsequent to the delivery of the
pling and testing, if the RBOB has been gasoline to a retail outlet or wholesale
altered or contaminated such that it purchaser-consumer facility provided
will not meet the applicable reformu- that the three most recent deliveries to
lated gasoline standards subsequent to the retail outlet or wholesale pur-
the addition of the specified type and chaser facility were of gasoline pro-
amount of oxygenate; duced using that refiners or importers

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80.69 40 CFR Ch. I (7101 Edition)

RBOB, and provided that any discrep- (2) In the case of RBOB which is
ancy found through the retail outlet or blended with oxygenate in gasoline de-
wholesale purchaser facility sampling livery trucks through the use of com-
is followed-up with measures reason- puter-controlled in-line blending equip-
ably designed to discover the cause of ment, a rate of not less than one sam-
the discrepancy; and ple for every 100,000 barrels of RBOB
(B) Sampling and testing shall be at produced or imported by that refiner or
one of the following rates: importer that is blended by that blend-
(1) In the case of RBOB which is er, or one sample every two months,
blended with oxygenate in a gasoline whichever is more frequent; or
storage tank, a rate of not less than (3) In the case of RBOB which is
one sample for every 400,000 barrels of blended with oxygenate in gasoline de-
RBOB produced or imported by that re- livery trucks without the use of com-
finer or importer that is blended by puter-controlled in-line blending equip-
that blender, or one sample every ment, a rate of not less than one sam-
month, whichever is more frequent; or ple for each 25,000 barrels of RBOB pro-
(2) In the case of RBOB which is duced or imported by that refiner or
blended with oxygenate in gasoline de- importer which is blended, or one sam-
livery trucks through the use of com- ple every two weeks, whichever is more
puter-controlled in-line blending equip- frequent;
ment, a rate of not less than one sam- (D) Continue the increased frequency
ple for every 200,000 barrels of RBOB of sampling and testing until the re-
produced or imported by that refiner or sults of ten consecutive samples and
importer that is blended by that blend- tests indicate the gasoline complies
er, or one sample every three months, with applicable standards, at which
whichever is more frequent; or time the sampling and testing may be
(3) In the case of RBOB which is conducted at the original frequency;
blended with oxygenate in gasoline de-
(iii) This quality assurance program
livery trucks without the use of com-
is in addition to any quality assurance
puter-controlled in-line blending equip-
requirements carried out by other par-
ment, a rate of not less than one sam-
ties;
ple for each 50,000 barrels of RBOB pro-
duced or imported by that refiner or (8) A refiner or importer of RBOB
importer which is blended, or one sam- may, in lieu of the contractual and
ple per month, whichever is more fre- quality assurance requirements speci-
quent; fied in paragraphs (a) (6) and (7) of this
(ii) In the event the test results for section, base its compliance calcula-
any sample indicate the gasoline does tions on the following assumptions:
not comply with applicable standards (i) In the case of RBOB designated for
(within the correlation ranges specified any-oxygenate, assume that ethanol
in 80.65(e)(2)(i)), the refiner or im- will be added;
porter shall: (ii) In the case of RBOB designated
(A) Immediately take steps to stop for ether-only, assume that MTBE will
the sale of the gasoline that was sam- be added; and
pled; (iii) In the case of any-oxygenate and
(B) Take steps which are reasonably ether-only designated RBOB, assume
calculated to determine the cause of that the volume of oxygenate added
the noncompliance and to prevent fu- will be such that the resulting refor-
ture instances of noncompliance; mulated gasoline will have an oxygen
(C) Increase the rate of sampling and content of 2.0 weight percent;
testing to one of the following rates: (9) Any refiner or importer who does
(1) In the case of RBOB which is not meet the contractual and quality
blended with oxygenate in a gasoline assurance requirements specified in
storage tank, a rate of not less than paragraphs (a) (6) and (7) of this sec-
one sample for every 200,000 barrels of tion, and who does not designate its
RBOB produced or imported by that re- RBOB as ether-only or any-oxygenate,
finer or importer that is blended by shall base its compliance calculations
that blender, or one sample every two on the assumption that 4.0 volume per-
weeks, whichever is more frequent; or cent ethanol is added to the RBOB; and

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Environmental Protection Agency 80.69

(10) Specify in the product transfer 4321432195001, 4321432195002, etc.);


documentation for the RBOB each oxy- and
genate type or types and amount or (iii) Meet the compliance audit re-
range of amounts which is consistent quirements specified in 80.65(h).
with the designation of the RBOB as (c) Additional requirements for terminal
any-oxygenate, or ether-only, and storage tank blending. Any oxygenate
which, if blended with the RBOB will blender who produces reformulated
result in reformulated gasoline which: gasoline by blending any oxygenate
(i) Has VOC, toxics, or NOX emissions with any RBOB in any gasoline storage
reduction percentages which are no tank, other than a truck used for deliv-
lower than the percentages that formed ering gasoline to retail outlets or
the basis for the refiners or importers wholesale purchaser-consumer facili-
compliance determination for these pa- ties, shall, for each batch of reformu-
rameters; lated gasoline so produced determine
(ii) Has a benzene content and RVP the oxygen content and volume of this
level which are no higher than the val- gasoline prior to the gasoline leaving
ues for these characteristics that the oxygenate blending facility, using
formed the basis for the refiners or im- the methodology specified in 80.46.
porters compliance determinations for (d) Additional requirements for distribu-
these parameters; and tors dispensing RBOB into trucks for
(iii) Will not cause the reformulated blending. Any distributor who dispenses
gasoline to violate any standard speci- any RBOB into any truck which deliv-
fied in 80.41. ers gasoline to retail outlets or whole-
(b) Requirements for oxygenate blend- sale purchaser-consumer facilities,
ers. For all RBOB received by any oxy- shall for such RBOB so dispensed:
genate blender, the oxygenate blender (1) Transfer the RBOB only to an ox-
shall: ygenate blender who has registered
(1) Add oxygenate of the type(s) and with the Administrator of EPA as such;
amount (or within the range of (2) Transfer any RBOB designated as
amounts) specified in the product ether-only RBOB only if the dis-
transfer documents for the RBOB; tributor has a reasonable basis for
(2) Designate each batch of the re- knowing the oxygenate blender will
sulting reformulated gasoline as meet- blend an oxygenate other than ethanol
ing the oxygen standard per-gallon or with the RBOB; and
on average; (3) Obtain from the oxygenate blend-
(3) Meet the standard requirements er the oxygenate blenders EPA reg-
specified in 80.65(c) and 80.67(f), the istration number.
record keeping requirements specified (e) Additional requirements for oxygen-
in 80.74, and the reporting require- ate blenders who blend oxygenate in
ments specified in 80.75; and trucks. Any oxygenate blender who ob-
(4) In the case of each batch of refor- tains any RBOB in any gasoline deliv-
mulated gasoline which is designated ery truck shall:
for compliance with the oxygen stand- (1) On each occasion it obtains RBOB
ard on average: from a distributor, supply the dis-
(i) Determine the volume and the tributor with the oxygenate blenders
weight percent oxygen of the batch EPA registration number;
using the testing methodology speci- (2) Conduct a quality assurance sam-
fied in 80.46; pling and testing program to determine
(ii) Assign a number to the batch (the whether the proper type and amount of
batch number), beginning with the oxygenate is added to RBOB. The pro-
number one for the first batch pro- gram shall be conducted as follows:
duced each calendar year and each sub- (i) All samples shall be collected sub-
sequent batch during the calendar year sequent to the addition of oxygenate,
being assigned the next sequential and either:
number, and such numbers to be pre- (A) Prior combining the resulting
ceded by the oxygenate blenders reg- gasoline with any other gasoline; or
istration number, the facility number, (B) Subsequent to the delivery of the
and the second two digits of the year in gasoline to a retail outlet or wholesale
which the batch was produced (e.g., purchaser-consumer facility provided

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80.70 40 CFR Ch. I (7101 Edition)

that the three most recent deliveries to not less than one sample per each fifty
the retail outlet or wholesale pur- occasions RBOB and oxygenate are
chaser facility were of gasoline that blended in a truck by that oxygenate
was produced by that oxygenate blend- blender, or one sample every two
er and that had the same oxygenate re- weeks, whichever is more frequent; and
quirements, and provided that any dis- (D) This increased frequency shall
crepancy in oxygenate type or amount continue until the results of ten con-
found through the retail outlet or secutive samples and tests indicate the
wholesale purchaser facility sampling gasoline complies with applicable
is followed-up with measures reason- standards, at which time the frequency
ably designed to discover the cause of may revert to the original frequency.
the discrepancy; [59 FR 7813, Feb. 16, 1994, as amended at 59
(ii) Sampling and testing shall be at FR 36964, July 20, 1994; 62 FR 60135, Nov. 6,
one of the following rates: 1997]
(A) In the case computer-controlled
in-line blending is used, a rate of not 80.70 Covered areas.
less than one sample per each five hun- For purposes of subparts D, E, and F
dred occasions RBOB and oxygenate of this part, the covered areas are as
are loaded into a truck by that oxygen- follows:
ate blender, or one sample every three (a) The Los Angeles-Anaheim-River-
months, whichever is more frequent; or side, California, area, comprised of:
(B) In the case computer-controlled (1) Los Angeles County;
in-line blending is not used, a rate of (2) Orange County;
not less than one sample per each one (3) Ventura County;
hundred occasions RBOB and oxygen- (4) That portion of San Bernadino
ate are blended in a truck by that oxy- County that lies south of latitude 35
genate blender, or one sample per degrees, 10 minutes north and west of
month, whichever is more frequent; longitude 115 degrees, 45 minutes west;
(iii) Sampling and testing shall be of and
the gasoline produced through one of (5) That portion of Riverside County,
the RBOB-oxygenate blends produced which lies to the west of a line de-
by that oxygenate blender; scribed as follows:
(iv) Samples shall be analyzed for ox- (i) Beginning at the northeast corner
ygenate type and oxygen content using of Section 4, Township 2 South, Range
the testing methodology specified at 5 East, a point on the boundary line
80.46; and common to Riverside and San
(v) In the event the testing results Bernadino Counties;
for any sample indicate the gasoline (ii) Then southerly along section
does not contain the specified type and lines to the centerline of the Colorado
amount of oxygenate (within the River Aqueduct;
ranges specified in 80.70(b)(2)(i)): (iii) Then southeasterly along the
(A) Immediately stop selling (or centerline of said Colorado River Aque-
where possible, to stop any transferee duct to the southerly line of Section 36,
of the gasoline from selling) the gaso- Township 3 South, Range 7 East;
line which was sampled; (iv) Then easterly along the township
(B) Take steps to determine the line to the northeast corner of Section
cause of the noncompliance; 6, Township 4 South, Range 9 East;
(C) Increase the rate of sampling and (v) Then southerly along the easterly
testing to one of the following rates: line of Section 6 to the southeast cor-
(1) In the case computer-controlled ner thereof;
in-line blending is used, a rate of not (vi) Then easterly along section lines
less than one sample per each two hun- to the northeast corner of Section 10,
dred and fifty occasions RBOB and oxy- Township 4 South, Range 9 East;
genate are loaded into a truck by that (vii) Then southerly along section
oxygenate blender, or one sample every lines to the southeast corner of Section
six weeks, whichever is more frequent; 15, Township 4 South, Range 9 East;
or (viii) Then easterly along the section
(2) In the case computer-controlled lines to the northeast corner of Section
in-line blending is not used, a rate of 21, Township 4 South, Range 10 East;

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Environmental Protection Agency 80.70

(ix) Then southerly along the eas- (2) The following New Jersey coun-
terly line of Section 21 to the southeast ties:
corner thereof; (i) Bergen;
(x) Then easterly along the northerly (ii) Essex;
line of Section 27 to the northeast cor- (iii) Hudson;
ner thereof; (iv) Hunterdon;
(xi) Then southerly along section (v) Middlesex;
lines to the southeast corner of Section (vi) Monmouth;
34, Township 4 South, Range 10 East; (vii) Morris;
(xii) Then easterly along the town- (viii) Ocean;
ship line to the northeast corner of (ix) Passaic;
Section 2, Township 5 South, Range 10 (x) Somerset;
East; (xi) Sussex;
(xiii) Then southerly along the eas- (xii) Union; and
terly line of Section 2, to the southeast (3) The following New York counties:
corner thereof; (i) Bronx;
(xiv) Then easterly along the north- (ii) Kings;
erly line of Section 12 to the northeast (iii) Nassau;
corner thereof; (iv) New York (Manhattan);
(xv) Then southerly along the range (v) Queens;
line to the southwest corner of Section (vi) Richmond;
18, Township 5 South, Range 11 East; (vii) Rockland;
(xvi) Then easterly along section (viii) Suffolk;
lines to the northeast corner of Section (ix) Westchester;
24, Township 5 South, Range 11 East; (x) Orange; and
and (xi) Putnam.
(xvii) Then southerly along the range (e) The Philadelphia-Wilmington-
line to the southeast corner of Section Trenton area, comprised of:
36, Township 8 South, Range 11 East, a (1) The following Delaware counties:
point on the boundary line common to (i) New Castle; and
Riverside and San Diego Counties. (ii) Kent;
(b) San Diego County, California. (2) Cecil County, Maryland;
(3) The following New Jersey coun-
(c) The Greater Connecticut area,
ties:
comprised of:
(i) Burlington;
(1) The following Connecticut coun-
(ii) Camden;
ties:
(iii) Cumberland;
(i) Hartford;
(iv) Gloucester;
(ii) Middlesex; (v) Mercer;
(iii) New Haven; (vi) Salem; and
(iv) New London; (4) The following Pennsylvania coun-
(v) Tolland; ties:
(vi) Windham; and (i) Bucks;
(2) Portions of certain Connecticut (ii) Chester;
counties, described as follows: (iii) Delaware;
(i) In Fairfield County, the City of (iv) Montgomery; and
Shelton; and (v) Philadelphia.
(ii) In Litchfield County, all cities (f) The Chicago-Gary-Lake County,
and townships except the towns of Illinois-Indiana-Wisconsin area, com-
Bridgewater and New Milford. prised of:
(d) The New York-Northern New Jer- (1) The following Illinois counties:
sey-Long Island-Connecticut area, (i) Cook;
comprised of: (ii) Du Page;
(1) Portions of certain Connecticut (iii) Kane;
counties, described as follows: (iv) Lake;
(i) In Fairfield County, all cities and (v) McHenry;
townships except Shelton City; (vi) Will;
(ii) In Litchfield County, the towns of (2) Portions of certain Illinois coun-
Bridgewater and New Milford; ties, described as follows:

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80.70 40 CFR Ch. I (7101 Edition)

(i) In Grundy County, the townships ty Line proceeding to the east along
of Aux Sable and Goose Lake; and the county line to the intersection of
(ii) In Kendall County, Oswego town- county road 567 and the Jefferson-
ship; and Bullitt County Line;
(3) The following Indiana counties: (B) Proceeding south on county road
(i) Lake; and 567 to the junction with Ky 1116 (also
(ii) Porter. known as Zoneton Road);
(g) The Baltimore, Maryland area, (C) Proceeding to the south on KY
comprised of: 1116 to the junction with Hebron Lane;
(1) The following Maryland counties: (D) Proceeding to the south on He-
(i) Anne Arundel; bron Lane to Cedar Creek;
(ii) Baltimore; (E) Proceeding south on Cedar Creek
(iii) Carroll; to the confluence of Floyds Fork turn-
(iv) Harford; ing southeast along a creek that meets
(v) Howard; and Ky 44 at Stallings Cemetery;
(2) The City of Baltimore. (F) Proceeding west along Ky 44 to
(h) The Houston-Galveston-Brazoria, the eastern most point in the
Texas area, comprised of the following Shepherdsville city limits;
Texas counties: (G) Proceeding south along the
(1) Brazoria; Shepherdsville city limits to the Salt
(2) Fort Bend; River and west to a point across the
(3) Galveston; river from Mooney Lane;
(4) Harris; (H) Proceeding south along Mooney
(5) Liberty; Lane to the junction of Ky 480;
(6) Montgomery; (I) Proceeding west on Ky 480 to the
(7) Waller; and junction with Ky 2237;
(8) Chambers. (J) Proceeding south on Ky 2237 to
(i) The Milwaukee-Racine, Wisconsin the junction with Ky 61 and proceeding
area, comprised of the following Wis- north on Ky 61 to the junction with Ky
consin counties: 1494;
(1) Kenosha; (K) Proceeding south on Ky 1494 to
(2) Milwaukee; the junction with the perimeter of the
(3) Ozaukee; Fort Knox Military Reservation;
(4) Racine; (L) Proceeding north along the mili-
(5) Washington; and tary reservation perimeter to
(6) Waukesha. Castleman Branch Road;
(j) The ozone nonattainment areas (M) Proceeding north on Castleman
listed in this paragraph (j) are covered Branch Road to Ky 44;
areas for purposes of subparts D, E, and (N) Proceeding a very short distance
F of this part. The geographic extent of west on Ky 44 to a junction with Ky
each covered area listed in this para- 1020; and
graph (j) shall be the nonattainment (O) Proceeding north on Ky 1020 to
area boundaries as specified in 40 CFR the beginning.
part 81, subpart C: (ii) Portion of Oldham County de-
(1) Sussex County, Delaware; scribed as follows:
(2) District of Columbia portion of (A) Beginning at the intersection of
the Washington ozone nonattainment the Oldham-Jefferson County Line
area; with the southbound lane of Interstate
(3) The following Kentucky counties: 71;
(i) Boone; (B) Proceeding to the northeast along
(ii) Campbell; the southbound lane of Interstate 71 to
(iii) Jefferson; and the intersection of Ky 329 and the
(iv) Kenton; southbound lane of Interstate 71;
(4) Portions of the following Ken- (C) Proceeding to the northwest on
tucky counties: Ky 329 to the intersection of Zaring
(i) Portion of Bullitt County de- Road on Ky 329;
scribed as follows: (D) Proceeding to the east-northeast
(A) Beginning at the intersection of on Zaring Road to the junction of
Ky 1020 and the Jefferson-Bullitt Coun- Cedar Point Road and Zaring Road;

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Environmental Protection Agency 80.70

(E) Proceeding to the north-north- (S) Proceeding northwest along the


east on Cedar Point Road to the junc- Oldham-Jefferson County Line to the
tion of Ky 393 and Cedar Point Road; beginning.
(F) Proceeding to the south-south- (5) The following Maine counties:
east on Ky 393 to the junction of coun- (i) Androscoggin;
ty road 746 (the road on the north side (ii) Cumberland;
of Reformatory Lake and the Reform- (iii) Kennebec;
atory); (iv) Knox;
(G) Proceeding to the east-northeast (v) Lincoln;
on county road 746 to the junction with (vi) Sagadahoc;
Dawkins Lane (also known as Saddlers (vii) York;
Mill Road) and county road 746; (6) The following Maryland counties:
(i) Calvert;
(H) Proceeding to follow an electric
(ii) Charles;
power line east-northeast across from
(iii) Frederick;
the junction of county road 746 and
(iv) Montgomery;
Dawkins Lane to the east-northeast
(v) Prince Georges;
across Ky 53 on to the La Grange Water
(vi) Queen Annes; and
Filtration Plant; (vii) Kent;
(I) Proceeding on to the east-south- (7) The entire State of Massachu-
east along the power line then south setts;
across Fort Pickens Road to a power (8) The following New Hampshire
substation on Ky 146; counties:
(J) Proceeding along the power line (i) Strafford;
south across Ky 146 and the Seaboard (ii) Merrimack;
System Railroad track to adjoin the (iii) Hillsborough; and
incorporated city limits of La Grange; (iv) Rockingham;
(K) Then proceeding east then south (9) The following New Jersey coun-
along the La Grange city limits to a ties:
point abutting the north side of Ky 712; (i) Atlantic;
(L) Proceeding east-southeast on Ky (ii) Cape May; and
712 to the junction of Massie School (iii) Warren;
Road and Ky 712; (10) The following New York coun-
(M) Proceeding to the south-south- ties:
west and then north-northwest on (i) Dutchess;
Massie School Road to the junction of (ii) The portion of Essex County that
Ky 53 and Massie School Road; consists of the portion of Whiteface
(N) Proceeding on Ky 53 to the north- Mountain above 4,500 feet in elevation.
northwest to the junction of Moody (11) The entire State of Rhode Island;
Lane and Ky 53; (12) The following Texas counties:
and
(O) Proceeding on Moody Lane to the
(i) Collin;
south-southwest until meeting the city
(ii) Dallas;
limits of La Grange; (iii) Denton; and
(P) Then briefly proceeding north fol- (iv) Tarrant;
lowing the La Grange city limits to the (13) The following Virginia areas:
intersection of the northbound lane of (i) Alexandria;
Interstate 71 and the La Grange city (ii) Arlington County;
limits; (iii) Fairfax;
(Q) Proceeding southwest on the (iv) Fairfax County;
northbound lane of Interstate 71 until (v) Falls Church;
intersecting with the North Fork of (vi) Loudoun County;
Currys Fork; (vii) Manassas;
(R) Proceeding south-southwest be- (viii) Manassas Park;
yond the confluence of Currys Fork to (ix) Prince William County;
the south-southwest beyond the con- (x) Stafford County;
fluence of Floyds Fork continuing on (xi) Charles City County;
to the Oldham-Jefferson County Line; (xii) Chesterfield County;
and (xiii) Colonial Heights;

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80.71 40 CFR Ch. I (7101 Edition)

(xiv) Hanover County; wholesale purchaser-consumers on


(xv) Henrico County; June 1, 1999. As of the effective date for
(xvi) Hopewell; retailers and wholesale purchaser-con-
(xvii) Richmond; sumers, the St. Louis, Missouri ozone
(xviii) Chesapeake; nonattainment area is a covered area.
(xix) Hampton; The geographical extent of the covered
(xx) James City County; area listed in this paragraph shall be
(xxi) Newport News; the nonattainment boundaries for the
(xxii) Norfolk; St. Louis ozone nonattainment area as
(xxiii) Poquoson; specified in 40 CFR 81.326.
(xxiv) Portsmouth; [59 FR 7813, Feb. 16, 1994, as amended at 59
(xxv) Suffolk; FR 36964, July 20, 1994; 60 FR 2699, Jan 11,
(xxvi) Virginia Beach; 1995; 60 FR 35491, July 10, 1995; 61 FR 35680,
(xxvii) Williamsburg; and July 8, 1996; 62 FR 30270, June 3, 1997; 63 FR
(xxviii) York County. 43049, Aug. 11, 1998; 63 FR 52104, Sept. 29, 1998;
(k) Any other area currently or pre- 64 FR 10371, Mar. 3, 1999]
viously designated as a nonattainment
area for ozone under 40 CFR 50.9 and 80.71 Descriptions of VOC-control re-
gions.
part D of Title I of the Clean Air Act,
as of November 15, 1990, or any time (a) Reformulated gasoline covered
later, may be included on petition of areas which are located in the fol-
the governor of the state in which the lowing States are included in VOC-Con-
area is located. Effective one year after trol Region 1:
an area has been reclassified as a se- Alabama Missouri
vere ozone nonattainment area, such Arizona Nevada
severe area shall also be a covered area Arkansas New Mexico
for purposes of this subpart D. California North Carolina
(l) Upon the effective date for re- Colorado Oklahoma
moval under 80.72(a), the geographic District of Columbia Oregon
Florida South Carolina
area covered by such approval shall no
Georgia Tennessee
longer be considered a covered area for Kansas Texas
purposes of subparts D, E and F of this Louisiana Utah
part. Maryland Virginia
(m) The prohibitions of section Mississippi
211(k)(5) will apply to all persons other
(b) Reformulated gasoline covered
than retailers and wholesale purchaser-
areas which are located in the fol-
consumers July 3, 1997. The prohibi-
lowing States are included in VOC-Con-
tions of section 211(k)(5) will apply to
trol Region 2:
retailers and wholesale purchaser-con-
sumers August 4, 1997. As of the effec- Connecticut New Hampshire
tive date for retailers and wholesale Delaware New Jersey
purchaser-consumers, the Phoenix, Ari- Idaho New York
Illinois North Dakota
zona ozone nonattainment area is a
Indiana Ohio
covered area. The geographical extent Iowa Pennsylvania
of the covered area listed in this para- Kentucky Rhode Island
graph shall be the nonattainment Maine South Dakota
boundaries for the Phoenix ozone non- Massachusetts Vermont
attainment area as specified in 40 CFR Michigan Washington
81.303. The Phoenix, Arizona ozone non- Minnesota West Virginia
attainment area is a covered area until Montana Wisconsin
Nebraska Wyoming
June 10, 1998. As of June 10, 1998, the
Phoenix area will no longer be a cov- (c) Reformulated gasoline covered
ered area. areas which are partially in VOC Con-
(n) The prohibitions of section trol Region 1 and partially in VOC Con-
211(k)(5) of the act will apply to all per- trol Region 2 shall be included in VOC
sons other than retailers and wholesale Control Region 1, except in the case of
purchaser-consumers on May 1, 1999. the Philadelphia-Wilmington-Trenton
The prohibitions of section 211(k)(5) of CMSA which shall be included in VOC
the act will apply to retailers and Control Region 2.

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Environmental Protection Agency 80.72

80.72 Procedures for opting out of (iii) If the State is not withdrawing
the covered areas. any such pending plan submission and
(a) In accordance with paragraph (b) does not intend to submit a revision to
of this section, the Administrator may any such approved plan provision or
approve a petition from a state asking pending plan submission, describe why
for removal of any opt-in area, or por- no revision is necessary;
tion of an opt-in area, from inclusion (iv) If reformulated gasoline is relied
as a covered area under 80.70. If the upon in any pending plan submission,
Administrator approves a petition, he other than as a contingency measure
or she shall set an effective date as pro- consisting of a future opt-in, and the
vided in paragraph (c) of this section. Agency has found such pending plan
The Administrator shall notify the submission complete or made a protec-
state in writing of the Agencys action tiveness finding under 40 CFR 51.448
on the petition and the effective date and 93.128, demonstrate whether the re-
of the removal when the petition is ap- moval of the reformulated gasoline
proved. program will affect the completeness
(b) To be approved under paragraph and/or protectiveness determinations;
(a) of this section, a petition must be (4) The Governor of a State, or his or
signed by the Governor of a State, or her authorized representative, shall
his or her authorized representative, submit additional information upon re-
and must include the following: quest of the Administrator,
(1) A geographic description of each (c)(1) For opt-out petitions received
opt-in area, or portion of each opt-in on or before December 31, 1997, except
area, which is covered by the petition; as provided in paragraphs (c)(2) and
(2) A description of all ways in which (c)(3) of this section, the Administrator
reformulated gasoline is relied upon as shall set an effective date for removal
a control measure in any approved of an area under paragraph (a) of this
State or local implementation plan or section as requested by the Governor,
plan revision, or in any submission to but no less than 90 days from the Agen-
the Agency containing any proposed
cys written notification to the state
plan or plan revision (and any associ-
approving the opt-out petition, and no
ated request for redesignation) that is
later than December 31, 1999.
pending before the Agency when the
petition is submitted; and (2) For opt-out petitions received on
or before December 31, 1997, except as
(3) For any opt-in areas covered by
provided in paragraph (c)(3) of this sec-
the petition for which reformulated
gasoline is relied upon as a control tion, where RFG is contained as an ele-
measure as described under paragraph ment of any plan or plan revision that
(b)(2) of this section, the petition shall has been approved by the Agency,
include the following information: other than as a contingency measure
(i) Identify whether the State is consisting of a future opt-in, then the
withdrawing any such pending plan effective date under paragraph (a) of
submission; this section shall be the date requested
(ii)(A) Identify whether the State in- by the Governor, but no less than 90
tends to submit a revision to any such days from the effective date of Agency
approved plan provision or pending approval of a revision to the plan that
plan submission that does not rely on removes RFG as a control measure.
reformulated gasoline as a control (3)(i) The Administrator may extend
measure, and describe the alternative the deadline for submitting opt-out pe-
air quality measures, if any, that the titions in paragraphs (c)(1) and (2) of
State plans to use to replace reformu- this section for a state if:
lated gasoline as a control measure; (A) The Governor or his authorized
(B) A description of the current sta- representative requests an extension
tus of any proposed revision to any prior to December 31, 1997;
such approved plan provision or pend- (B) The request indicates that there
ing plan submission, as well as a pro- is active or pending legislation before
jected schedule for submission of such the state legislature that was intro-
proposed revision; duced prior to March 28, 1997;

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80.73 40 CFR Ch. I (7101 Edition)

(C) The legislation is concerning opt- approval of a revision to the plan that
ing out of or remaining in the reformu- removes RFG as a control measure.
lated gasoline program; and (d) The Administrator shall publish a
(D) The request demonstrates that notice in the FEDERAL REGISTER an-
the legislation cannot reasonably be nouncing the approval of any petition
acted upon prior to December 31, 1997. under paragraph (a) of this section, and
(ii) The Administrator may extend the effective date for removal.
the deadline until no later than May [61 FR 35680, July 8, 1996, as amended at 62
31, 1998. If the deadline is extended, FR 54558, Oct. 20, 1997]
then opt-out requests from that state
received during the extension shall be 80.73 Inability to produce con-
considered under the provisions of forming gasoline in extraordinary
paragraphs (c)(1) and (2) of this section. circumstances.
(4) For opt-out petitions received In appropriate extreme and unusual
January 1, 1998 through December 31, circumstances (e.g., natural disaster or
2003, except as provided in paragraph Act of God) which are clearly outside
(c)(5) of this section, the Administrator the control of the refiner, importer, or
shall set an effective date for removal oxygenate blender and which could not
of an area under paragraph (a) of this have been avoided by the exercise of
section as requested by the Governor prudence, diligence, and due care, EPA
but no earlier than January 1, 2004 or may permit a refiner, importer, or oxy-
90 days from the Agencys written noti- genate blender, for a brief period, to
fication to the state approving the opt- distribute gasoline which does not
out petition, whichever date is later. meet the requirements for reformu-
(5) For opt-out petitions received lated gasoline, if:
January 1, 1998 through December 31, (a) It is in the public interest to do so
2003, where RFG is contained as an ele- (e.g., distribution of the nonconforming
ment of any plan or plan revision that gasoline is necessary to meet projected
has been approved by the Agency, shortfalls which cannot otherwise be
other than as a contingency measure compensated for);
consisting of a future opt-in, then the (b) The refiner, importer, or oxygen-
effective date for removal of an area ate blender exercised prudent planning
under paragraph (a) of this section and was not able to avoid the violation
shall be the date requested by the Gov- and has taken all reasonable steps to
ernor, but no earlier than January 1, minimize the extent of the noncon-
2004, or 90 days from the effective date formity;
of Agency approval of a revision to the (c) The refiner, importer, or oxygen-
plan that removes RFG as a control ate blender can show how the require-
measure, whichever date is later. ments for reformulated gasoline will be
(6) For opt-out petitions received on expeditiously achieved;
or after January 1, 2004, except as pro- (d) The refiner, importer, or oxygen-
vided in paragraph (c)(7) of this sec- ate blender agrees to make up air qual-
tion, the Administrator shall set an ef- ity detriment associated with the non-
fective date for removal of an area as conforming gasoline, where prac-
requested by the Governor, but no less ticable; and
than 90 days from the Agencys written (e) The refiner, importer, or oxygen-
notification to the state approving the ate blender pays to the U.S. Treasury
opt-out petition. an amount equal to the economic ben-
(7) For opt-out petitions received on efit of the nonconformity minus the
or after January 1, 2004, where RFG is amount expended, pursuant to para-
contained as an element of any plan or graph (d) of this section, in making up
plan revision that has been approved the air quality detriment.
by the Agency, other than as a contin-
gency measure consisting of a future 80.74 Recordkeeping requirements.
opt-in, then the effective date for re- All parties in the gasoline distribu-
moval of an area under paragraph (a) of tion network, as described in this sec-
this section shall be the date requested tion, shall maintain records containing
by the Governor, but no less than 90 the information as required in this sec-
days from the effective date of Agency tion. These records shall be retained

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Environmental Protection Agency 80.74

for a period of five years from the date (5) In the case of any refinery or im-
of creation, and shall be delivered to porter subject to the simple model
the Administrator of EPA or to the Ad- standards, the calculations used to de-
ministrators authorized representative termine the 1990 baseline levels of sul-
upon request. fur, T90, and olefins, and the calcula-
(a) All regulated parties. Any refiner, tions used to determine compliance
importer, oxygenate blender, carrier, with the standards for these param-
distributor, reseller, retailer, or whole- eters; and
sale-purchaser who sells, offers for sale, (6) In the case of any refinery or im-
dispenses, supplies, offers for supply, porter subject to the complex model
stores, transports, or causes the trans- standards before January 1, 1998, the
portation of any reformulated gasoline calculations used to determine the
or RBOB, shall maintain records con- baseline levels of VOC, toxics, and NOx
taining the following information: emissions performance.
(1) The product transfer documenta- (c) Refiners, importers and oxygenate
tion for all reformulated gasoline or blenders of averaged gasoline. In addition
RBOB for which the party is the trans- to other requirements of this section,
feror or transferee; and any refiner, importer, and oxygenate
(2) For any sampling and testing on blender who produces or imports any
RBOB or reformulated gasoline: reformulated gasoline for which com-
(i) The location, date, time, and stor- pliance with one or more applicable
age tank or truck identification for standard is determined on average
each sample collected; shall maintain records containing the
(ii) The identification of the person following information:
who collected the sample and the per- (1) The calculations used to deter-
son who performed the testing; mine compliance with the relevant
(iii) The results of the tests; and standards on average, for each aver-
(iv) The actions taken to stop the aging period and for each quantity of
sale of any gasoline found not to be in gasoline for which standards must be
compliance, and the actions taken to separately achieved; and
identify the cause of any noncompli- (2) For any credits bought, sold, trad-
ance and prevent future instances of ed or transferred pursuant to 80.67(h),
noncompliance. the dates of the transactions, the
(b) Refiners and importers. In addition names and EPA registration numbers
to other requirements of this section, of the parties involved, and the num-
any refiner and importer shall, for all ber(s) and type(s) of credits trans-
reformulated gasoline and RBOB pro- ferred.
duced or imported, maintain records (d) Oxygenate blenders. In addition to
containing the following information: other requirements of this section, any
(1) Results of the tests to determine oxygenate blender who blends any oxy-
reformulated gasoline properties and genate with any RBOB shall, for each
characteristics specified in 80.65; occasion such terminal storage tank
(2) Results of the tests for the pres- blending occurs, maintain records con-
ence of the marker specified in 80.82; taining the following information:
(3) The volume of gasoline associated (i) The date, time, location, and iden-
with each of the above test results tification of the blending tank or truck
using the method normally employed in which the blending occurred;
at the refinery or import facility for (ii) The volume and oxygenate re-
this purpose; quirements of the RBOB to which oxy-
(4) In the case of RBOB: genate was added; and
(i) The results of tests to ensure that, (iii) The volume, type, and purity of
following blending, RBOB meets appli- the oxygenate which was added, and
cable standards; and documents which show the source(s) of
(ii) Each contract with each oxygen- the oxygenate used.
ate blender to whom the refiner or im- (e) Distributors who dispense RBOB
porter transfers RBOB; or into trucks. In addition to other re-
(iii) Compliance calculations de- quirements of this section, any dis-
scribed in 80.69(a)(8) based on an as- tributor who dispenses any RBOB into
sumed addition of oxygenate; a truck used for delivering gasoline to

655

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80.75 40 CFR Ch. I (7101 Edition)

retail outlets shall, for each occasion shall be submitted by May 31 of each
RBOB is dispensed into such a truck, year beginning in 1995;
obtain records identifying: (ii) The second quarterly report shall
(1) The name and EPA registration include information for reformulated
number of the oxygenate blender that gasoline or RBOB produced or imported
received the RBOB; and from April 1 through June 30, and shall
(2) The volume and oxygenate re- be submitted by August 31 of each year
quirements of the RBOB dispensed. beginning in 1995;
(f) Conventional gasoline requirement. (iii) The third quarterly report shall
In addition to other requirements of include information for reformulated
this section, any refiner and importer gasoline or RBOB produced or imported
shall, for all conventional gasoline pro- from July 1 through September 30, and
duced or imported, maintain records shall be submitted by November 30 of
showing the blending of the marker re- each year beginning in 1995; and
quired under 80.82 into conventional (iv) The fourth quarterly report shall
gasoline, and the results of the tests include information for reformulated
showing the concentration of this gasoline or RBOB produced or imported
marker subsequent to its addition. from October 1 through December 31,
(g) Retailers before January 1, 1998. and shall be submitted by the last day
Prior to January 1, 1998 any retailer of February of each year beginning in
that sells or offers for sale any refor- 1996.
mulated gasoline shall maintain at (2) The following information shall
each retail outlet the product transfer be included in each quarterly report for
documentation for the most recent each batch of reformulated gasoline or
three deliveries to the retail outlet of RBOB which is included under para-
each grade of reformulated gasoline graph (a)(1) of this section:
sold or offered for sale at the retail (i) The batch number;
outlet, and shall make such docu- (ii) The date of production;
mentation available to any person con- (iii) The volume of the batch;
ducting any gasoline compliance sur- (iv) The grade of gasoline produced
vey pursuant to 80.68. (i.e., premium, mid-grade, or regular);
(v) For any refiner or importer:
80.75 Reporting requirements. (A) Each designation of the gasoline,
Any refiner, importer, and oxygenate pursuant to 80.65; and
blender shall report as specified in this (B) The properties, pursuant to
section, and shall report such other in- 80.65 and 80.66;
formation as the Administrator may (vi) For any importer, the PADD in
require. which the import facility is located;
(a) Quarterly reports for reformulated and
gasoline. Any refiner or importer that (vii) For any oxygenate blender, the
produces or imports any reformulated oxygen content.
gasoline or RBOB, and any oxygenate (3) Information pertaining to gaso-
blender that produces reformulated line produced or imported during 1994
gasoline meeting the oxygen standard shall be included in the first quarterly
on average, shall submit quarterly re- report in 1995.
ports to the Administrator for each re- (b) Reports for gasoline or RBOB pro-
finery or oxygenate blending facility at duced or imported under the simple
which such reformulated gasoline or model(1) RVP averaging reports. (i)
RBOB was produced and for all such re- Any refiner or importer that produced
formulated gasoline or RBOB imported or imported any reformulated gasoline
by each importer. or RBOB under the simple model that
(1) The quarterly reports shall be for was to meet RVP standards on average
all such reformulated gasoline or (averaged reformulated gasoline)
RBOB produced or imported during the shall submit to the Administrator,
following time periods: with the third quarterly report, a re-
(i) The first quarterly report shall in- port for each refinery or importer for
clude information for reformulated such averaged reformulated gasoline or
gasoline or RBOB produced or imported RBOB produced or imported during the
from January 1 through March 31, and previous RVP averaging period. This

656

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Environmental Protection Agency 80.75

information shall be reported sepa- average is greater or lesser than the


rately for the following categories: applicable standard;
(A) Gasoline or RBOB which is des- (H) The applicable T90 distillation
ignated as VOC-controlled intended for point standard under 80.41(h)(2)(i) in
areas in VOC-Control Region 1; and degrees Fahrenheit;
(B) Gasoline or RBOB which is des- (I) The average T90 distillation point
ignated as VOC-controlled intended for in degrees Fahrenheit; and
VOC-Control Region 2. (J) The difference between the appli-
(ii) The following information shall cable T90 distillation point standard
be reported: under 80.41(h)(2)(i) in degrees Fahr-
(A) The total volume of averaged re- enheit and the average T90 distillation
formulated gasoline or RBOB in gal- point under paragraph (b)(2)(ii)(I) of
lons; this section in degrees Fahrenheit, in-
(B) The compliance total value for dicating whether the average is greater
RVP; and or lesser than the applicable standard.
(C) The actual total value for RVP. (c) VOC emissions performance aver-
(2) Sulfur, olefins and T90 averaging re- aging reports. (1) Any refiner or im-
ports. (i) Any refiner or importer that porter that produced or imported any
produced or imported any reformulated reformulated gasoline or RBOB under
gasoline or RBOB under the simple the complex model that was to meet
model shall submit to the Adminis- the VOC emissions performance stand-
trator, with the fourth quarterly re- ards on average (averaged reformu-
port, a report for such reformulated lated gasoline) shall submit to the
gasoline or RBOB produced or imported Administrator, with the third quar-
during the previous year: terly report, a report for each refinery
(A) For each refinery or importer; or or importer for such averaged reformu-
(B) In the case of refiners who oper- lated gasoline produced or imported
ate more than one refinery, for each during the previous VOC averaging pe-
grouping of refineries as designated by riod. This information shall be re-
the refiner pursuant to 80.41(h)(2)(iii). ported separately for the following cat-
(ii) The following information shall egories:
be reported: (i) Gasoline or RBOB which is des-
(A) The total volume of reformulated ignated as VOC-controlled intended for
gasoline or RBOB in gallons; areas in VOC-Control Region 1; and
(B) The applicable sulfur content (ii) Gasoline or RBOB which is des-
standard under 80.41(h)(2)(i) in parts ignated as VOC-controlled intended for
per million; VOC-Control Region 2.
(C) The average sulfur content in (2) The following information shall
parts per million; be reported:
(D) The difference between the appli- (i) The total volume of averaged re-
cable sulfur content standard under formulated gasoline or RBOB in gal-
80.41(h)(2)(i) in parts per million and lons;
the average sulfur content under para- (ii) The compliance total value for
graph (b)(2)(ii)(C) of this section in VOC emissions performance; and
parts per million, indicating whether (iii) The actual total value for VOC
the average is greater or lesser than emissions performance.
the applicable standard; (d) Benzene content averaging reports.
(E) The applicable olefin content (1) Any refiner or importer that pro-
standard under 80.41(h)(2)(i) in volume duced or imported any reformulated
percent; gasoline or RBOB that was to meet the
(F) The average olefin content in vol- benzene content standards on average
ume percent; (averaged reformulated gasoline)
(G) The difference between the appli- shall submit to the Administrator,
cable olefin content standard under with the fourth quarterly report, a re-
80.41(h)(2)(i) in volume percent and port for each refinery or importer for
the average olefin content under para- such averaged reformulated gasoline
graph (b)(2)(ii)(F) of this section in vol- that was produced or imported during
ume percent, indicating whether the the previous toxics averaging period.

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80.75 40 CFR Ch. I (7101 Edition)

(2) The following information shall (2)(i) The following information shall
be reported: be included in each report required by
(i) The volume of averaged reformu- paragraph (f)(1) of this section:
lated gasoline or RBOB in gallons; (A) The total volume of averaged
(ii) The compliance total content of RBOB in gallons;
benzene; (B) The total volume of averaged re-
(iii) The actual total content of ben- formulated gasoline in gallons;
zene; (C) The compliance total content for
(iv) The number of benzene credits oxygen;
generated as a result of actual total (D) The actual total content for oxy-
benzene being less than compliance gen;
total benzene; (E) The number of oxygen credits
(v) The number of benzene credits re- generated as a result of actual total ox-
quired as a result of actual total ben- ygen being greater than compliance
zene being greater than compliance total oxygen;
total benzene; (F) The number of oxygen credits re-
(vi) The number of benzene credits quired as a result of actual total oxy-
transferred to another refinery or im- gen being less than compliance total
porter; and oxygen;
(vii) The number of benzene credits (G) The number of oxygen credits
obtained from another refinery or im- transferred to another refinery, im-
porter. porter, or oxygenate blending facility;
(e) Toxics emissions performance aver- and
aging reports. (1) Any refiner or im- (H) The number of oxygen credits ob-
porter that produced or imported any tained from another refinery, importer,
reformulated gasoline or RBOB that or oxygenate blending facility.
was to meet the toxics emissions per- (ii) The information required by
formance standards on average (aver- paragraph (f)(2)(i) of this section shall
aged reformulated gasoline) shall sub- be reported separately for the following
mit to the Administrator, with the categories:
fourth quarterly report, a report for (A) For gasoline subject to the simple
each refinery or importer for such model standards:
averaged reformulated gasoline that (1) Gasoline designated as VOC-con-
was produced or imported during the trolled; and;
previous toxics averaging period. (2) Gasoline designated as non-VOC-
(2) The following information shall controlled.
be reported: (B) For gasoline subject to the Phase
(i) The volume of averaged reformu- I or Phase II complex model standards:
lated gasoline or RBOB in gallons; (1) Gasoline which is designated as
(ii) The compliance value for toxics OPRG; and
emissions performance; and (2) Gasoline which is designated as
(iii) The actual value for toxics emis- non-OPRG.
sions performance. (iii) The results of the compliance
(f) Oxygen averaging reports. (1) Any calculations required in 80.67(f) shall
refiner, importer, or oxygenate blender also be included in each report required
that produced or imported any refor- by paragraph (f)(1) of this section, for
mulated gasoline that was to meet the each of the following categories:
oxygen standards on average (aver- (A) All reformulated gasoline;
aged reformulated gasoline) shall sub- (B) Gasoline which is designated as
mit to the Administrator, with the non-OPRG; and
fourth quarterly report, a report for (C) For gasoline subject to the simple
each refinery and oxygenate blending model standards, gasoline which is des-
facility at which such averaged refor- ignated as VOC-controlled.
mulated gasoline was produced and for (g) NOX emissions performance aver-
all such averaged reformulated gaso- aging reports. (1) Any refiner or im-
line imported by each importer during porter that produced or imported any
the previous oxygen averaging period. reformulated gasoline or RBOB that

658

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Environmental Protection Agency 80.75

was to meet the NOX emissions per- aged reformulated gasoline was pro-
formance standard on average (aver- duced submit to the Administrator,
aged reformulated gasoline) shall sub- with the fourth quarterly report, a re-
mit to the Administrator, with the port that contains the identity of each
fourth quarterly report, a report for covered area that was supplied with
each refinery or importer for such any averaged reformulated gasoline
averaged reformulated gasoline that produced at each refinery or blended by
was produced or imported during the each oxygenate blender during the pre-
previous NOX averaging period. vious year.
(2) The following information shall (j) Additional reporting requirements for
be reported: certain importers. In the case of any im-
(i) The volume of averaged reformu- porter to whom different standards
lated gasoline or RBOB in gallons; apply for gasoline imported at different
(ii) The compliance value for NOX facilities by operation of 80.41(q)(2),
emissions performance; and such importer shall submit separate re-
(iii) The actual value for NOX emis- ports for gasoline imported into facili-
sions performance. ties subject to different standards.
(3) The information required by para- (k) Reporting requirements for early use
graph (g)(2) of this section shall be re- of the complex model. Any refiner for
ported separately for the following cat- any refinery, or any importer, that
egories: elects to be subject to complex model
(i) Gasoline and RBOB which is des- standards under 80.41(i)(1) shall report
ignated as VOC-controlled; and such election in writing to the Admin-
(ii) Gasoline and RBOB which is not istrator no later than sixty days prior
designated as VOC-controlled. to the beginning of the calendar year
(h) Credit transfer reports. (1) As an ad- during which such standards would
ditional part of the fourth quarterly re- apply. This report shall include the re-
port required by this section, any re-
finerys or importers baseline values
finer, importer, and oxygenate blender
for VOC, NOX, and toxics emissions per-
shall, for each refinery, importer, or
formance, in milligrams per mile.
oxygenate blending facility, supply the
following information for any oxygen (l) Reports for per-gallon compliance
or benzene credits that are transferred gasoline. In the case of reformulated
from or to another refinery, importer, gasoline or RBOB for which compliance
or oxygenate blending facility: with each of the standards set forth in
(i) The names, EPA-assigned reg- 80.41 is achieved on a per-gallon basis,
istration numbers and facility identi- the refiner, importer, or oxygenate
fication numbers of the transferor and blender shall submit to the Adminis-
transferee of the credits; trator, by the last day of February of
(ii) The number(s) and type(s) of each year beginning in 1996, a report of
credits that were transferred; and the volume of each designated reformu-
(iii) The date(s) of transaction(s). lated gasoline or RBOB produced or im-
(2) For purposes of this paragraph (h), ported during the previous calendar
oxygen credit transfers shall be re- year for which compliance is achieved
ported separately for each of the fol- on a per-gallon basis, and a statement
lowing oxygen credit types: that each gallon of this reformulated
(i) For gasoline subject to the simple gasoline or RBOB met the applicable
model standards: standards.
(A) VOC controlled; and (m) Reports of compliance audits. Any
(B) Non-VOC controlled. refiner, importer, and oxygenate blend-
(ii) [Reserved] er shall cause to be submitted to the
(i) Covered areas of gasoline use report. Administrator, by May 31 of each year,
Any refiner or oxygenate blender that the report of the compliance audit re-
produced or imported any reformulated quired by 80.65(h).
gasoline that was to meet any reformu- (n) Report submission. The reports re-
lated gasoline standard on average quired by this section shall be:
(averaged reformulated gasoline) (1) Submitted on forms and following
shall, for each refinery and oxygenate procedures specified by the Adminis-
blending facility at which such aver- trator; and

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80.76 40 CFR Ch. I (7101 Edition)

(2) Signed and certified as correct by identified, which shall be used in all re-
the owner or a responsible corporate ports to the Administrator.
officer of the refiner, importer, or oxy- (e)(1) Any refiner, importer, or oxy-
genate blender. genate blender shall submit updated
[59 FR 7813, Feb. 16, 1994, as amended at 59 registration information to the Admin-
FR 36964, July 20, 1994; 60 FR 65574, Dec. 20, istrator within thirty days of any occa-
1995; 62 FR 60135, Nov. 6, 1997] sion when the registration information
previously supplied becomes incom-
80.76 Registration of refiners, im- plete or inaccurate; except that
porters or oxygenate blenders. (2) EPA must be notified in writing of
(a) Registration with the Adminis- any change in designated independent
trator of EPA is required for any re- laboratory at least thirty days in ad-
finer and importer, and any oxygenate vance of such change.
blender that produces any reformu- [59 FR 7813, Feb. 16, 1994, as amended at 59
lated gasoline. FR 36965, July 20, 1994]
(b) Any person required to register
shall do so by November 1, 1994, or not 80.77 Product transfer documenta-
later than three months in advance of tion.
the first date that such person will On each occasion when any person
produce or import reformulated gaso- transfers custody or title to any refor-
line or RBOB, or conventional gasoline mulated gasoline or RBOB, other than
or applicable blendstocks, whichever is when gasoline is sold or dispensed for
later. use in motor vehicles at a retail outlet
(c) Registration shall be on forms or wholesale purchaser-consumer facil-
prescribed by the Administrator, and ity, the transferor shall provide to the
shall include the following informa- transferee documents which include
tion: the following information:
(1) The name, business address, con- (a) The name and address of the
tact name, and telephone number of transferor;
the refiner, importer, or oxygenate
(b) The name and address of the
blender;
transferee;
(2) For each separate refinery and ox-
(c) The volume of gasoline which is
ygenate blending facility, the facility
being transferred;
name, physical location, contact name,
telephone number, and type of facility; (d) The location of the gasoline at
and the time of the transfer;
(3) For each separate refinery and ox- (e) The date of the transfer;
ygenate blending facility, and for each (f) The proper identification of the
importers operations in a single gasoline as conventional or reformu-
PADD: lated;
(i) Whether records are kept on-site (g) In the case of reformulated gaso-
or off-site of the refinery or oxygenate line or RBOB:
blending facility, or in the case of im- (1) The proper identification as:
porters, the registered address; (i)(A) VOC-controlled for VOC-Con-
(ii) If records are kept off-site, the trol Region 1; or VOC-controlled for
primary off-site storage facility name, VOC-Control Region 2; or Not VOC-con-
physical location, contact name, and trolled; or
telephone number; and (B) In the case of gasoline or RBOB
(iii) The name, address, contact name that is VOC-controlled for VOC-Control
and telephone number of the inde- Region 1, the gasoline may be identi-
pendent laboratory used to meet the fied as suitable for use either in VOC-
independent analysis requirements of Control Region 1 or VOC-Control Re-
80.65(f). gion 2;
(d) EPA will supply a registration (ii) [Reserved]
number to each refiner, importer, and (iii) Prior to January 1, 1998, certified
oxygenate blender, and a facility reg- under the simple model standards or
istration number for each refinery and certified under the complex model
oxygenate blending facility that is standards; and

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Environmental Protection Agency 80.78

(2) The minimum and/or maximum or oxygenate blenders, the EPA-as-


standards with which the gasoline or signed registration number of those
RBOB conforms for: persons.
(i) Benzene content;
[59 FR 7813, Feb. 16, 1994, as amended at 59
(ii) Except for RBOB, oxygen con- FR 36965, July 20, 1994; 62 FR 60136, Nov. 6,
tent; 1997; 62 FR 68207, Dec. 31, 1997]
(iii) In the case of VOC-controlled
gasoline subject to the simple model 80.78 Controls and prohibitions on
standards, RVP; reformulated gasoline.
(iv) In the case of gasoline subject to (a) Prohibited activities. (1) No person
the complex model standards: may manufacture and sell or dis-
(A) Prior to January 1, 1998, the NOx tribute, offer for sale or distribution,
emissions performance minimum, and dispense, supply, offer for supply, store,
for VOC-controlled gasoline the VOC transport, or cause the transportation
emissions performance minimum, in of any gasoline represented as reformu-
milligrams per mile; and lated and intended for sale or use in
(B) Beginning on January 1, 1998, for any covered area:
VOC-controlled gasoline, the VOC
(i) Unless each gallon of such gaso-
emissions performance minimum; and
line meets the applicable benzene max-
(3) Identification of VOC-controlled
imum standard specified in 80.41;
reformulated gasoline or RBOB as gas-
(ii) Unless each gallon of such gaso-
oline or RBOB which contains ethanol,
line meets the applicable oxygen con-
or which does not contain any ethanol.
tent:
(h) Prior to January 1, 1998, in the
case of reformulated gasoline or RBOB (A) Minimum standard specified in
subject to the complex model stand- 80.41; and
ards: (B) In the case of gasoline subject to
(1) The name and EPA registration simple model standards, maximum
number of the refinery at which the standard specified in 80.41;
gasoline was produced, or importer (iii) Unless each gallon is properly
that imported the gasoline; and designated as oxygenated fuels pro-
(2) Instructions that the gasoline or gram reformulated gasoline, within
RBOB may not be combined with any any oxygenated gasoline program con-
other gasoline or RBOB that was pro- trol areas during the oxygenated gaso-
duced at any other refinery or was im- line control period;
ported by any other importer; (iv) Unless the product transfer docu-
(i) In the case of reformulated gaso- mentation for such gasoline complies
line blendstock for which oxygenate with the requirements in 80.77; and
blending is intended: (v) During the period May 1 through
(1) Identification of the product as September 15 for all persons except re-
RBOB and not reformulated gasoline; tailers and wholesale purchaser-con-
(2) The designation of the RBOB as sumers, and during the period June 1
suitable for blending with: through September 15 for all persons
(A) Any-oxygenate; including retailers and wholesale pur-
(B) Ether-only; or chaser-consumers:
(C) Other specified oxygenate type(s) (A) Unless each gallon of such gaso-
and amount(s); and line is VOC-controlled for the proper
(3) The oxygenate type(s) and VOC Control Region, except that gaso-
amount(s) which the RBOB requires in line designated for VOC-Control Region
order to meet the properties claimed 1 may be used in VOC-Control Region 2;
by the refiner or importer of the RBOB; (B) Unless each gallon of such gaso-
(4) Instructions that the RBOB may line that is subject to simple model
not be combined with any other RBOB standards has an RVP which is less
except other RBOB having the same re- than or equal to the applicable RVP
quirements for oxygenate type(s) and maximum specified in 80.41;
amount(s), or, prior to blending, with (C) Unless each gallon of such gaso-
reformulated gasoline; and line that is subject to complex model
(j) In the case of transferrers or standards has a VOC emissions reduc-
transferees who are refiners, importers tion percentage which is greater than

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80.78 40 CFR Ch. I (7101 Edition)

or equal to the applicable minimum fied by the refiner or importer at the


specified in 80.41. time the RBOB was produced or im-
(2) No refiner or importer may ported; or
produce or import any gasoline rep- (ii) Other RBOB for which the same
resented as reformulated or RBOB, and oxygenate type and amount (or range
intended for sale or use in any covered of amounts) was specified by the re-
area: finer or importer.
(i) Unless such gasoline meets the (8) No person may combine any VOC-
definition of reformulated gasoline or controlled reformulated gasoline that
RBOB; and is produced using ethanol with any
(ii) Unless the properties of such gas- VOC-controlled reformulated gasoline
oline or RBOB correspond to the prod- that is produced using any other oxy-
uct transfer documents. genate during the period January 1
(3) No person may manufacture and through September 15.
sell or distribute, or offer for sale or (9) Prior to January 1, 1998:
distribution, dispense, supply, or offer (i) No person may combine any refor-
for supply, store, transport or cause mulated gasoline or RBOB that is sub-
the transportation of gasoline rep- ject to the simple model standards
resented as conventional which does with any reformulated gasoline or
not contain at least the minimum con- RBOB that is subject to the complex
centration of the conventional gasoline model standards, except that such gas-
marker specified in 80.82. olines may be combined at a retail out-
(4) Gasoline shall be presumed to be let or wholesale purchaser-consumer
intended for sale or use in a covered facility;
area unless: (ii) No person may combine any re-
(i) Product transfer documentation formulated gasoline subject to the
as described in 80.77 accompanying complex model standards that is pro-
such gasoline clearly indicates the gas- duced at any refinery or is imported by
oline is intended for sale and use only any importer with any other reformu-
outside any covered area; or lated gasoline that is produced at a dif-
(ii) The gasoline is contained in the ferent refinery or is imported by a dif-
storage tank of a retailer or wholesale ferent importer, unless the other refin-
purchaser-consumer outside any cov- ery or importer has an identical base-
ered area. line for meeting complex model stand-
(5) No person may combine any refor- ards during this period; and
mulated gasoline with any non-oxygen- (iii) No person may combine any
ate blendstock except: RBOB subject to the complex model
(i) A person that meets each require- standards that is produced at any re-
ment specified for a refiner under this finery or is imported by any importer
subpart; and with any RBOB that is produced at a
(ii) The blendstock that is added to different refinery or is imported by a
reformulated gasoline meets all refor- different importer, unless the other re-
mulated gasoline standards without re- finery or importer has an identical
gard to the properties of the reformu- baseline for meeting complex model
lated gasoline to which the blendstock standards during this period.
is added. (10) No person may combine any re-
(6) No person may add any oxygenate formulated gasoline with any conven-
to reformulated gasoline, except that tional gasoline and sell the resulting
such oxygenate may be added to refor- mixture as reformulated gasoline.
mulated gasoline provided that such (b) Liability. Liability for violations
gasoline is used in an oxygenated fuels of paragraph (a) of this section shall be
program control area during an determined according to the provisions
oxygenated fuels control period. of 80.79.
(7) No person may combine any refor- (c) Determination of compliance. Com-
mulated gasoline blendstock for oxy- pliance with the standards listed in
genate blending with any other gaso- paragraph (a) of this section shall be
line, blendstock, or oxygenate except: determined by use of one of the testing
(i) Oxygenate of the type and amount methodologies specified in 80.46, ex-
(or within the range of amounts) speci- cept that where test results using the

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Environmental Protection Agency 80.79

testing methodologies specified in rect or circumstantial evidence, that


80.46 are not available or where such the carrier caused the violation.
test results are available but are in (b) Defenses for prohibited activities. (1)
question, EPA may establish non- In any case in which a refiner, im-
compliance with standards using any porter, oxygenate blender, carrier, dis-
information, including the results of tributor, reseller, retailer, or wholesale
testing using methods that are not in- purchaser-consumer would be in viola-
cluded in 80.46. tion under paragraph (a) of this sec-
(d) Dates controls and prohibitions tion, it shall be deemed not in viola-
begin. The controls and prohibitions tion if it can demonstrate:
specified in paragraph (a) of this sec- (i) That the violation was not caused
tion apply at any location other than by the regulated party or its employee
retail outlets and wholesale purchaser- or agent;
consumer facilities on or after Decem- (ii) That product transfer documents
ber 1, 1994, at any location on or after account for all of the gasoline in the
January 1, 1995. storage tank found in violation and in-
dicate that the gasoline met relevant
[59 FR 7813, Feb. 16, 1994, as amended at 59 requirements; and
FR 36965, July 20, 1994; 62 FR 60136, Nov. 6,
(iii)(A) That it has conducted a qual-
1997; 62 FR 68207, Dec. 31, 1997]
ity assurance sampling and testing pro-
80.79 Liability for violations of the gram, as described in paragraph (c) of
prohibited activities. this section; except that
(B) A carrier may rely on the quality
(a) Persons liable. Where the gasoline assurance program carried out by an-
contained in any storage tank at any other party, including the party that
facility owned, leased, operated, con- owns the gasoline in question, provided
trolled or supervised by any refiner, that the quality assurance program is
importer, oxygenate blender, carrier, carried out properly.
distributor, reseller, retailer, or whole- (2)(i) Where a violation is found at a
sale purchaser-consumer is found in facility which is operating under the
violation of the prohibitions described corporate, trade or brand name of a re-
in 80.78(a), the following persons shall finer, that refiner must show, in addi-
be deemed in violation: tion to the defense elements required
(1) Each refiner, importer, oxygenate by paragraph (b)(1) of this section, that
blender, carrier, distributor, reseller, the violation was caused by:
retailer, or wholesale purchaser-con- (A) An act in violation of law (other
sumer who owns, leases, operates, con- than the Act or this part), or an act of
trols or supervises the facility where sabotage or vandalism;
the violation is found; (B) The action of any reseller, dis-
(2) Each refiner or importer whose tributor, oxygenate blender, carrier, or
corporate, trade, or brand name, or a retailer or wholesale purchaser- con-
whose marketing subsidiarys cor- sumer supplied by any of these persons,
porate, trade, or brand name, appears in violation of a contractual under-
at the facility where the violation is taking imposed by the refiner designed
found; to prevent such action, and despite
(3) Each refiner, importer, oxygenate periodic sampling and testing by the
blender, distributor, and reseller who refiner to ensure compliance with such
manufactured, imported, sold, offered contractual obligation; or
for sale, dispensed, supplied, offered for (C) The action of any carrier or other
supply, stored, transported, or caused distributor not subject to a contract
the transportation of any gasoline with the refiner but engaged by the re-
which is in the storage tank containing finer for transportation of gasoline, de-
gasoline found to be in violation; and spite specification or inspection of pro-
(4) Each carrier who dispensed, sup- cedures and equipment by the refiner
plied, stored, or transported any gaso- which are reasonably calculated to pre-
line which is in the storage tank con- vent such action.
taining gasoline found to be in viola- (ii) In this paragraph (b), to show
tion, provided that EPA demonstrates, that the violation was caused by any
by reasonably specific showings by di- of the specified actions the party must

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80.80 40 CFR Ch. I (7101 Edition)

demonstrate by reasonably specific the amount of economic benefit or sav-


showings, by direct or circumstantial ings resulting from each such viola-
evidence, that the violation was caused tion.
or must have been caused by another. (b) Any violation of a standard for
(c) Quality assurance program. In average compliance during any aver-
order to demonstrate an acceptable aging period, or for per-gallon compli-
quality assurance program for reformu- ance for any batch of gasoline, shall
lated gasoline at all points in the gaso- constitute a separate violation for each
line distribution network, other than and every standard that is violated.
at retail outlets and wholesale pur- (c) Any violation of any standard
chaser-consumer facilities, a party based upon a multi-day averaging pe-
must present evidence of the following. riod shall constitute a separate day of
(1) Of a periodic sampling and testing violation for each and every day in the
program to determine if the applicable averaging period. Any violation of any
maximum and/or minimum standards credit creation or credit transfer re-
for oxygen, benzene, RVP, or VOC quirement shall constitute a separate
emission performance are met. day of violation for each and every day
(2) That on each occasion when gaso- in the averaging period.
line is found in noncompliance with (d)(1)(i) Any violation of any per- gal-
one of the requirements referred to in lon standard or of any per-gallon min-
paragraph (c)(1) of this section: imum or per-gallon maximum, other
(i) The party immediately ceases than the standards specified in para-
selling, offering for sale, dispensing, graph (e) of this section, shall con-
supplying, offering for supply, storing, stitute a separate day of violation for
transporting, or causing the transpor- each and every day such gasoline giv-
tation of the violating product; and ing rise to such violations remains any
(ii) The party promptly remedies the place in the gasoline distribution sys-
violation (such as by removing the vio- tem, beginning on the day that the gas-
lating product or adding more com- oline that violates such per-gallon
plying product until the applicable standard is produced or imported and
standards are achieved). distributed and/or offered for sale, and
(3) An oversight program conducted ending on the last day that any such
by a carrier under paragraph (c)(1) of gasoline is offered for sale or is dis-
this section need not include periodic pensed to any ultimate consumer for
sampling and testing of gasoline in a use in any motor vehicle; unless
tank truck operated by a common car- (ii) The violation is corrected by al-
rier, but in lieu of such tank truck tering the properties and characteris-
sampling and testing the common car- tics of the gasoline giving rise to the
rier shall demonstrate evidence of an violations and any mixture of gasolines
oversight program for monitoring com- that contains any of the gasoline giv-
pliance with the requirements of 80.78 ing rise to the violations such that the
relating to the transport or storage of said gasoline or mixture of gasolines
gasoline by tank truck, such as appro- has the properties and characteristics
priate guidance to drivers on compli- that would have existed if the gasoline
ance with applicable requirements and giving rise to the violations had been
the periodic review of records normally produced or imported in compliance
received in the ordinary course of busi- with all per-gallon standards.
ness concerning gasoline quality and (2) For the purposes of this paragraph
delivery. (d), the length of time the gasoline in
[38 FR 1255, Jan. 10, 1973, as amended at 62 question remained in the gasoline dis-
FR 68207, Dec. 31, 1997] tribution system shall be deemed to be
twenty-five days; unless the respective
80.80 Penalties. party or EPA demonstrates by reason-
(a) Any person that violates any re- ably specific showings, by direct or cir-
quirement or prohibition of subpart D, cumstantial evidence, that the gasoline
E, or F of this part shall be liable to giving rise to the violations remained
the United States for a civil penalty of any place in the gasoline distribution
not more than the sum of $25,000 for system for fewer than or more than
every day of each such violation and twenty-five days.

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Environmental Protection Agency 80.81

(e)(1) Any reformulated gasoline that 80.81 Enforcement exemptions for


is produced or imported and offered for California gasoline.
sale and for which the requirements to (a)(1) The requirements of subparts
determine the properties and charac- D, E, F and J of this part are modified
teristics under 80.65(f) is not met, or in accordance with the provisions con-
any conventional gasoline for which tained in this section in the case of
the refiner or importer does not sample California gasoline.
and test to determine the relevant (2) For the purposes of this section,
properties, shall be deemed: California gasoline means any gaso-
(i)(A) Except as provided in para- line that is sold, intended for sale, or
graph (e)(1)(i)(B) of this section to have made available for sale as a motor ve-
the following properties: hicle fuel in the State of California and
that:
Sulfur content970 ppm (i) Is manufactured within the State
Benzene content5 vol % of California;
RVP (summer)11 psi (ii) Is imported into the State of
50% distillation250 F California from outside the United
90% distillation375 F