[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: 40CFR80.40]

[Page 598-599]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 80--REGULATION OF FUELS AND FUEL ADDITIVES--Table of Contents
 
                    Subpart D--Reformulated Gasoline
 
Sec. 80.40  Fuel certification procedures.

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


    (a) Gasoline that complies with one of the standards specified in 
Sec. 80.41 (a) through (f) that is relevant for the gasoline, and that 
meets all other relevant requirements prescribed under Sec. 80.41, shall 
be deemed certified.
    (b) Any refiner or importer may, with regard to a specific fuel 
formulation, request from the Administrator a certification that the 
formulation meets one of the standards specified in Sec. 80.41 (a) 
through (f).
    (c)(1) ``Adjusted VOC gasoline'' for purposes of the general 
requirements in Sec. 80.65(d)(2)(ii), and the certification procedures 
in this section is gasoline that contains 10 volume percent ethanol, or 
RBOB intended for blending with 10 volume percent ethanol, that is 
intended for use in the areas described at Sec. 80.70(f) and (i), and is 
designated by

[[Page 599]]

the refiner as adjusted VOC gasoline subject to less stringent VOC 
standards in Sec. 80.41(e) and (f). In order for ``adjusted VOC 
gasoline'' to qualify for the regulatory treatment specified in 
Sec. 80.41(e) and (f), reformulated gasoline must contain denatured, 
anhydrous ethanol. The concentration of the ethanol, excluding the 
required denaturing agent, must be at least 9% and no more than 10% (by 
volume) of the gasoline. The ethanol content of the gasoline shall be 
determined by use of one of the testing methodologies specified in 
Sec. 80.46(g).
    (2) Refiners may choose not to designate as adjusted VOC gasoline or 
RBOB that otherwise meets the requirements of paragraph (c)(1) of this 
section, in which case the more stringent VOC standards in Sec. 80.41 
apply.
    (3) For purposes of Sec. 80.78(a)(1)(v), the ``Adjusted VOC 
gasoline'' standards under Sec. 80.41 are the applicable VOC emissions 
performance standards only for adjusted VOC gasoline that is intended 
for use in or sold for use by an ultimate consumer in the covered areas 
described at Sec. 80.70(f) and (i). For purposes of Sec. 80.78(a)(1)(v), 
gasoline designated as adjusted VOC gasoline that is intended for use or 
that is sold for use by an ultimate consumer in any covered area in VOC-
Control Region 2 other than those described at Sec. 80.70(f) and (i), is 
subject to the VOC performance standards in Sec. 80.41 applicable to all 
other gasoline designated for VOC-Control Region 2.

[59 FR 7813, Feb. 16, 1994, as amended at 66 FR 37164, July 17, 2001; 67 
FR 8736, Feb. 26, 2002]