[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: 40CFR80.41]
[Page 599-604]
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. 80.41 Standards and requirements for compliance.
(a) Simple model per-gallon standards. The ``simple model''
standards for compliance when achieved on a per-gallon basis are as
follows:
Simple Model Per-Gallon Standards
Reid vapor pressure (in pounds per square inch):
Gasoline designated for VOC-Control Region 1................ [le]7.2
Gasoline designated for VOC-Control Region 2................ [le]8.1
Oxygen content (percent, by weight)........................... X emissions performance reduction (percent)................. X emissions performance reduction (percent).................. [ge]1.5
Oxygen content (percent, by weight):
Standard................................................... [ge]2.1
Per-Gallon Minimum......................................... [ge]1.5
Benzene (percent, by volume):
Standard................................................... [le]0.9
5
Per-Gallon Maximum......................................... [le]1.3
0
(e) Phase II complex model per-gallon standards. The Phase II
``complex model'' standards for compliance when achieved on a per-gallon
basis are as follows:
[[Page 600]]
Phase II--Complex Model Per-Gallon Standards
VOC emissions performance reduction (percent):
Gasoline designated for VOC-Control Region 1 [ge]27.5
Adjusted VOC gasoline designated for VOC-Control Region 2 [ge]23.9
All other gasoline designated for VOC-Control Region 2 [ge]25.9
Toxic air pollutants emissions performance reduction (percent) [ge]20.0
NOX emissions performance reduction (percent):
Gasoline designated as VOC-controlled....................... [ge]5.5
Gasoline not designated as VOC-controlled................... [ge]0.0
Oxygen content (percent, by weight)........................... [ge]2.0
Benzene (percent, by volume).................................. [le]1.00
(f) Phase II complex model averaged standards. The Phase II
``complex model'' standards for compliance when achieved on average are
as follows:
Phase II Complex Model Averaged Standards
VOC emissions performance reduction (percent):
Gasoline designated for VOC-Control Region 1
Standard............................................... [ge]29.
0
Per-Gallon Minimum..................................... [ge]25.
0
Adjusted VOC gasoline designated for VOC-Control Region 2
Standard............................................... [ge]25.
4
Per-Gallon Minimum..................................... [ge]21.
4
All other gasoline designated for VOC-Control Region 2
Standard............................................... [ge]27.
4
Per-Gallon Minimum..................................... [ge]23.
4
Toxic air pollutants emissions performance reduction (percent). [ge]21.
5
NOX emissions performance reduction (percent):
Gasoline designated as VOC-controlled...................... [ge]6.8
Gasoline not designated as VOC-controlled.................. [ge]1.5
Oxygen content (percent, by weight):
Standard..................................................... [ge]2.1
Per-Gallon Minimum........................................... [ge]1.5
Benzene (percent, by volume):
Standard................................................... [le]0.9
5
Per-Gallon Maximum......................................... [le]1.3
0
(g) Oxygen maximum standard. (1) The per-gallon standard for maximum
oxygen content, which applies to reformulated gasoline subject to the
simple model per-gallon or average standards, is as follows:
(i) Oxygen content shall not exceed 3.2 percent by weight from
ethanol within the boundaries of any State if the State notifies the
Administrator that the use of an oxygenate will interfere with
attainment or maintenance of an ambient air quality standard or will
contribute to an air quality problem.
(ii) A State may request the standard specified in paragraph
(g)(1)(i) of this section separately for reformulated gasoline
designated as VOC-controlled and reformulated gasoline not designated as
VOC-controlled.
(2) The standard in paragraph (g)(1)(i) of this section shall apply
60 days after the Administrator publishes a notice in the Federal
Register announcing such a standard.
(h) Additional standard requirements. In addition to the standards
specified in paragraphs (a) through (g) of this section, the following
standards apply for all reformulated gasoline:
(1) The standard for heavy metals, including lead or manganese, on a
per-gallon basis, is that reformulated gasoline may contain no heavy
metals. The Administrator may waive this prohibition for a heavy metal
(other than lead) if the Administrator determines that addition of the
heavy metal to the gasoline will not increase, on an aggregate mass or
cancer-risk basis, toxic air pollutant emissions from motor vehicles.
(2) In the case of any refinery or importer subject to the simple
model standards:
(i) The annual average levels for sulfur, T-90, and olefins cannot
exceed that refinery's or importer's 1990 baseline levels for each of
these parameters; and
(ii) The 1990 baseline levels and the annual averages for these
parameters shall be established using the methodology set forth in
Secs. 80.91 through 80.92; and
(iii) In the case of a refiner that operates more than one refinery,
the standards specified under this paragraph (h)(2) shall be met using
the refinery grouping selected by the refiner under Sec. 80.101(h).
(i) Use of simple and complex models. (1) During each calendar year
1995 through 1997, any refinery or importer shall be subject to either
the simple model standards specified in paragraphs (a) and (b) of this
section, or the Phase I complex model standards specified in paragraphs
(c) and (d) of this section, at the option of the refiner or importer,
provided that:
(i) No refinery or importer may be subject to a combination of
simple and complex standards during any calendar year; and
(ii) Any refiner or importer that elects to achieve compliance with
the anti-dumping requirements using the:
[[Page 601]]
(A) Simple model shall meet the requirements of this subpart D using
the simple model standards; or
(B) Complex model or optional complex model shall meet the
requirements of this subpart D using the complex model standards.
(2) During the period January 1, 1998 through December 31, 1999, any
refiner or importer shall be subject to the Phase I complex model
standards specified in paragraphs (c) and (d) of this section.
(3) Beginning on January 1, 2000, any refiner or importer shall be
subject to the Phase II complex model standards specified in paragraphs
(e) and (f) of this section.
(j) Complex model early use. Before January 1, 1998, the VOC,
toxics, and NOX emissions performance standards for any
refinery or importer subject to the Phase I complex model standards
shall be determined by evaluating all of the following parameter levels
in the Phase I complex model (specified in Sec. 80.45) at one time:
(1) The simple model values for benzene, RVP, and oxygen specified
in Sec. 80.41 (a) or (b), as applicable;
(2) The aromatics value which, together with the values for benzene,
RVP, and oxygen determined under paragraph (j)(1) of this section, meets
the Simple Model toxics requirement specified in paragraph (a) or (b) of
this section, as applicable;
(3) The refinery's or importer's individual baseline values for
sulfur, E-300, and olefins, as established under Sec. 80.91; and
(4) The appropriate seasonal value of E-200 specified in
Sec. 80.45(b)(2).
(k) Effect of VOC survey failure. (1) On each occasion during 1995
or 1996 that a covered area fails a simple model VOC emissions reduction
survey conducted pursuant to Sec. 80.68, the RVP requirements for that
covered area beginning in the year following the failure shall be
adjusted to be more stringent as follows:
(i) The required average RVP level shall be decreased by an
additional 0.1 psi; and
(ii) The maximum RVP level for each gallon of averaged gasoline
shall be decreased by an additional 0.1 psi.
(2) On each occasion that a covered area fails a complex model VOC
emissions reduction survey conducted pursuant to Sec. 80.68, or fails a
simple model VOC emissions reduction survey conducted pursuant to
Sec. 80.68 during 1997, the VOC emissions performance standard for that
covered area beginning in the year following the failure shall be
adjusted to be more stringent as follows:
(i) The required average VOC emissions reduction shall be increased
by an additional 1.0%; and
(ii) The minimum VOC emissions reduction, for each gallon of
averaged gasoline, shall be increased by an additional 1.0%.
(3) In the event that a covered area for which required VOC
emissions reductions have been made more stringent passes all VOC
emissions reduction surveys in two consecutive years, the averaging
standards VOC emissions reduction for that covered area beginning in the
year following the second year of passed survey series shall be made
less stringent as follows:
(i) The required average VOC emissions reduction shall be decreased
by 1.0%; and
(ii) The minimum VOC emissions reduction shall be decreased by 1.0%.
(4) In the event that a covered area for which the required VOC
emissions reductions have been made less stringent fails a subsequent
VOC emissions reduction survey:
(i) The required average VOC emission reductions for that covered
area beginning in the year following this subsequent failure shall be
made more stringent by increasing the required average and the minimum
VOC emissions reduction by 1.0%; and
(ii) The required VOC emission reductions for that covered area
thereafter shall not be made less stringent regardless of the results of
subsequent VOC emissions reduction surveys.
(l) Effect of toxics survey failure. (1) On each occasion during
1995 or 1996 that a covered area fails a simple model toxics emissions
reduction survey series, conducted pursuant to Sec. 80.68, the simple
model toxics emissions reduction requirement for that covered area
beginning in the year following the
[[Page 602]]
year of the failure is made more stringent by increasing the average
toxics emissions reduction by an additional 1.0%.
(2) On each occasion that a covered area fails a complex model
toxics emissions reduction survey series, conducted pursuant to
Sec. 80.68, or fails a simple model toxics emissions reduction survey
series conducted pursuant to Sec. 80.68 during 1997, the complex model
toxics emissions reduction requirement for that covered area beginning
in the year following the year of the failure is made more stringent by
increasing the average toxics emissions reduction by an additional 1.0%.
(3) In the event that a covered area for which the toxics emissions
standard has been made more stringent passes all toxics emissions survey
series in two consecutive years, the averaging standard for toxics
emissions reductions for that covered area beginning in the year
following the second year of passed survey series shall be made less
stringent by decreasing the average toxics emissions reduction by 1.0%.
(4) In the event that a covered area for which the toxics emissions
reduction standard has been made less stringent fails a subsequent
toxics emissions reduction survey series:
(i) The standard for toxics emissions reduction for that covered
area beginning in the year following this subsequent failure shall be
made more stringent by increasing the average toxics emissions reduction
by 1.0%; and
(ii) The standard for toxics emissions reduction for that covered
area thereafter shall not be made less stringent regardless of the
results of subsequent toxics emissions reduction surveys.
(m) Effect of NOX survey or survey series failure.
(1) On each occasion that a covered area fails a NOX
emissions reduction survey or survey series conducted pursuant to
Sec. 80.68, the required average NOX emissions reductions for
that covered area beginning in the year following the failure shall be
increased in stringency by an additional 1.0%.
(2) In the event that a covered area for which required
NOX emissions reductions have been made more stringent passes
all NOX emissions reduction surveys and survey series in two
consecutive years, the required average NOX emissions
reductions for that covered area beginning in the year following the
second year of passed surveys and survey series shall be decreased in
stringency by 1.0%.
(3) In the event that a covered area for which the required
NOX emissions reductions have been made less stringent fails
a subsequent NOX emissions reduction survey or survey series:
(i) The required average NOX emission reductions for that
covered area beginning in the year following this subsequent failure
shall be increased in stringency by 1.0%; and
(ii) The required NOX emission reductions for that
covered area thereafter shall not be made less stringent regardless of
the results of subsequent NOX emissions reduction surveys or
survey series.
(n) Effect of benzene survey failure. (1) On each occasion that a
covered area fails a benzene content survey series, conducted pursuant
to Sec. 80.68, the benzene content standards for that covered area
beginning in the year following the year of the failure shall be made
more stringent as follows:
(i) The average benzene content shall be decreased by 0.05% by
volume; and
(ii) The maximum benzene content for each gallon of averaged
gasoline shall be decreased by 0.10% by volume.
(2) In the event that a covered area for which the benzene standards
have been made more stringent passes all benzene content survey series
conducted in two consecutive years, the benzene standards for that
covered area beginning in the year following the second year of passed
survey series shall be made less stringent as follows:
(i) The average benzene content shall be increased by 0.05% by
volume; and
(ii) The maximum benzene content for each gallon of averaged
gasoline shall be increased by 0.10% by volume.
(3) In the event that a covered area for which the benzene standards
have been made less stringent fails a subsequent benzene content survey
series:
(i) The standards for benzene content for that covered area
beginning in the year following this subsequent failure shall be the
more stringent standards
[[Page 603]]
which were in effect prior to the operation of paragraph (n)(2) of this
section; and
(ii) The standards for benzene content for that covered area
thereafter shall not be made less stringent regardless of the results of
subsequent benzene content surveys.
(o) Effect of oxygen survey failure. (1) In any year that a covered
area fails an oxygen content survey series, conducted pursuant to
Sec. 80.68, the minimum oxygen content requirement for that covered area
beginning in the year following the year of the failure is made more
stringent by increasing the minimum oxygen content standard, for each
gallon of averaged gasoline, by an additional 0.1%; however, in no case
shall the minimum oxygen content standard be greater than 2.0%.
(2) In the event that a covered area for which the minimum oxygen
content standard has been made more stringent passes all oxygen content
survey series in two consecutive years, the minimum oxygen content
standard for that covered area beginning in the year following the
second year of passed survey series shall be made less stringent by
decreasing the minimum oxygen content standard by 0.1%.
(3) In the event that a covered area for which the minimum oxygen
content standard has been made less stringent fails a subsequent oxygen
content survey series:
(i) The standard for minimum oxygen content for that covered area
beginning in the year following this subsequent failure shall be made
more stringent by increasing the minimum oxygen content standard by
0.1%; and
(ii) The minimum oxygen content standard for that covered area
thereafter shall not be made less stringent regardless of the results of
subsequent oxygen content surveys.
(p) Effective date for changed minimum or maximum standards. In the
case of any minimum or maximum standard that is changed to be more
stringent by operation of paragraphs (k), (m), (n), or (o) of this
section, the effective date for such change shall be ninety days
following the date EPA announces the change.
(q) Refineries, importers, and oxygenate blenders subject to
adjusted standards. Standards for average compliance that are adjusted
to be more or less stringent by operation of paragraphs (k), (l), (m),
(n), or (o) of this section apply to averaged reformulated gasoline
produced at each refinery or oxygenate blending facility, or imported by
each importer as follows:
(1) Adjusted standards for a covered area apply to averaged
reformulated gasoline that is produced at a refinery or oxygenate
blending facility if:
(i) Any averaged reformulated gasoline from that refinery or
oxygenate blending facility supplied the covered area during any year a
survey was conducted which gave rise to a standards adjustment; or
(ii) Any averaged reformulated gasoline from that refinery or
oxygenate blending facility supplies the covered area during any year
that the standards are more stringent than the initial standards; unless
(iii) The refiner or oxygenate blender is able to show that the
volume of averaged reformulated gasoline from a refinery or oxygenate
blending facility that supplied the covered area during any year under
paragraphs (q)(1) (i) or (ii) of this section was less than one percent
of the reformulated gasoline produced at the refinery or oxygenate
blending facility during that year, or 100,000 barrels, whichever is
less.
(2) Adjusted standards for a covered area apply to averaged
reformulated gasoline that is imported by an importer if:
(i) The covered area with the adjusted standard is located in
Petroleum Administration for Defense District (PADD) I, and the gasoline
is imported at a facility located in PADDs I, II or III;
(ii) The covered area with the adjusted standard is located in PADD
II, and the gasoline is imported at a facility located in PADDs I, II,
III, or IV;
(iii) The covered area with the adjusted standard is located in PADD
III, and the gasoline is imported at a facility located in PADDs II,
III, or IV;
(iv) The covered area with the adjusted standard is located in PADD
IV, and the gasoline is imported at a facility located in PADDs II, or
IV; or
(v) The covered area with the adjusted standard is located in PADD
V,
[[Page 604]]
and the gasoline is imported at a facility located in PADDs III, IV, or
V; unless
(vi) Any gasoline which is imported by an importer at any facility
located in any PADD supplies the covered area, in which case the
adjusted standard also applies to averaged gasoline imported at that
facility by that importer.
(3) Any gasoline that is transported in a fungible manner by a
pipeline, barge, or vessel shall be considered to have supplied each
covered area that is supplied with any gasoline by that pipeline, or
barge or vessel shipment, unless the refiner or importer is able to
establish that the gasoline it produced or imported was supplied only to
a smaller number of covered areas.
(4) Adjusted standards apply to all averaged reformulated gasoline
produced by a refinery or imported by an importer identified in this
paragraph (q), except:
(i) In the case of adjusted VOC standards for a covered area located
in VOC Control Region 1, the adjusted VOC standards apply only to
averaged reformulated gasoline designated as VOC-controlled intended for
use in VOC Control Region 1; and
(ii) In the case of adjusted VOC standards for a covered area
located in VOC Control Region 2, the adjusted VOC standards apply only
to averaged reformulated gasoline designated as VOC-controlled intended
for use in VOC Control Region 2.
(r) Definition of PADD. For the purposes of this section only, the
following definitions of PADDs apply:
(1) The following States are included in PADD I:
Connecticut
Delaware
District of Columbia
Florida
Georgia
Maine
Maryland
Massachusetts
New York
New Hampshire
New Jersey
North Carolina
Pennsylvania
Rhode Island
South Carolina
Vermont
Virginia
West Virginia
(2) The following States are included in PADD II:
Illinois
Indiana
Iowa
Kansas
Kentucky
Michigan
Minnesota
Missouri
Nebraska
North Dakota
Ohio
Oklahoma
South Dakota
Tennessee
Wisconsin
(3) The following States are included in PADD III:
Alabama
Arkansas
Louisiana
Mississippi
New Mexico
Texas
(4) The following States are included in PADD IV:
Colorado
Idaho
Montana
Utah
Wyoming
(5) The following States are included in PADD V:
Arizona
California
Nevada
Oregon
Washington
[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36958, July 20, 1994; 61
FR 12041, Mar. 25, 1996; 62 FR 68205, Dec. 31, 1997; 64 FR 37689, July
13, 1999; 66 FR 37164, July 17, 2001]