[Code of Federal Regulations]
[Title 40, Volume 14]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR80.29]

[Page 593-594]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 80--REGULATION OF FUELS AND FUEL ADDITIVES--Table of Contents
 
                  Subpart B--Controls and Prohibitions
 
Sec. 80.29  Controls and prohibitions on diesel fuel quality.

    (a) Prohibited activities. Beginning October 1, 1993 and continuing 
until the implementation dates for subpart I of part 80 as specified in 
Sec. 80.500, except as

[[Page 594]]

provided in 40 CFR 69.51, no person, including but not limited to, 
refiners, importers, distributors, resellers, carriers, retailers or 
wholesale purchaser-consumers, shall manufacture, introduce into 
commerce, sell, offer for sale, supply, store, dispense, offer for 
supply or transport any diesel fuel for use in motor vehicles, unless 
the diesel fuel:
    (1) Has a sulfur percentage, by weight, no greater than 0.05 
percent;
    (2)(i) Has a cetane index of at least 40; or
    (ii) Has a maximum aromatic content of 35 volume percent; and
    (3) Is free of visible evidence of the dye solvent red 164; unless 
it is used in a manner that is tax-exempt as defined under section 4082 
of the Internal Revenue Code (26 U.S.C. 4082).
    (b) Determination of compliance. (1) Any diesel fuel which does not 
show visible evidence of being dyed with dye solvent red 164 (which has 
a characteristic red color in diesel fuel) shall be considered to be 
available for use in diesel motor vehicles and motor vehicle engines, 
and shall be subject to the prohibitions of paragraph (a) of this 
section.
    (2) Compliance with the sulfur, cetane, and aromatics standards in 
paragraph (a) of this section shall be determined based on the level of 
the applicable component or parameter, using the sampling methodologies 
specified in Sec. 80.330(b), as applicable, and the appropriate testing 
methodologies specified in Sec. 80.580(a) for sulfur, Sec. 80.2(w) for 
cetane index, and Sec. 80.2(z) for aromatic content. Any evidence or 
information, including the exclusive use of such evidence or 
information, may be used to establish the level of the applicable 
component or parameter in the diesel fuel, if the evidence or 
information is relevant to whether that level would have been in 
compliance with the standard if the appropriate sampling and testing 
methodology had been correctly performed. Such evidence may be obtained 
from any source or location and may include, but is not limited to, test 
results using methods other than the compliance methods in this 
paragraph (b), business records, and commercial documents.
    (3) Determination of compliance with the requirements of this 
section other than the standards described in paragraph (a) of this 
section, and determination of liability for any violation of this 
section, may be based on information obtained from any source or 
location. Such information may include, but is not limited to, business 
records and commercial documents.
    (c) Transfer documents. (1) Any person that transfers custody or 
title of diesel fuel for use in motor vehicles which contains visible 
evidence of the dye solvent red 164 shall provide documents to the 
transferee which state that such fuel meets the applicable standards for 
sulfur and cetane index or aromatic content under these regulations and 
is only for tax-exempt use in diesel motor vehicles as defined under 
section 4082 of the Internal Revenue Code.
    (2) Any person that is the transferor or the transferee of diesel 
fuel for use in motor vehicles which contains visible evidence of the 
dye solvent red 164, shall retain the documents required under paragraph 
(c)(1) of this section for a period of five years from the date of 
transfer of such fuel and shall provide such documents to the 
Administrator or the Administrator's representative upon request.
    (d) Liability. Liability for violations of paragraph (a)(1) of this 
section shall be determined according to the provisions of Sec. 80.30. 
Any person that violates paragraph (a)(2) or (c) of this section shall 
be liable for penalties in accordance with paragraph (e) of this 
section.
    (e) Penalties. Penalties for violations of paragraph (a) or (c) of 
this section shall be determined according to the provisions of 
Sec. 80.5.

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