[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: 40CFR80.69]
[Page 648-651]
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. 80.69 Requirements for downstream oxygenate blending.
The requirements of this section apply to all reformulated gasoline
blendstock for oxygenate blending, or RBOB, to which oxygenate is added
at any oxygenate blending facility, except that paragraph (a)(7) of this
section does not apply to adjusted VOC gasoline as defined in
Sec. 80.40(c).
(a) Requirements for refiners and importers. For any RBOB produced
or imported, the refiner or importer of the RBOB shall:
(1) Produce or import the RBOB such that, when blended with a
specified type and percentage of oxygenate, it meets the applicable
standards for reformulated gasoline;
(2) In order to determine the properties of RBOB for purposes of
calculating compliance with per-gallon or averaged standards, conduct
tests on each batch of the RBOB by:
(i) Adding the specified type and amount of oxygenate to a
representative sample of the RBOB; and
(ii) Determining the properties and characteristics of the resulting
gasoline using the methodology specified in Sec. 80.65(e);
(3) Carry out the independent analysis requirements specified in
Sec. 80.65(f);
(4) Determine properties of the RBOB which are sufficient to allow
parties downstream from the refinery or import facility to establish,
through sampling and testing, if the RBOB has been altered or
contaminated such that it will not meet the applicable reformulated
gasoline standards subsequent to the addition of the specified type and
amount of oxygenate;
(5) Transfer ownership of the RBOB only to an oxygenate blender who
is registered with EPA as such, or to an intermediate owner with the
restriction that it only be transferred to a registered oxygenate
blender;
(6) Have a contract with each oxygenate blender who receives any
RBOB produced or imported by the refiner or importer that requires the
oxygenate blender, or, in the case of a contract with an intermediate
owner, that requires the intermediate owner to require the oxygenate
blender to:
(i) Comply with blender procedures that are specified by the
contract and are calculated to assure blending with the proper type and
amount of oxygenate;
(ii) Allow the refiner or importer to conduct quality assurance
sampling and testing of the reformulated gasoline produced by the
oxygenate blender;
(iii) Stop selling any gasoline found to not comply with the
standards under which the RBOB was produced or imported; and
[[Page 649]]
(iv) Carry out the quality assurance sampling and testing that this
section requires the oxygenate blender to conduct;
(7) Conduct a quality assurance sampling and testing program to be
carried out at the facilities of each oxygenate blender who blends any
RBOB produced or imported by the refiner or importer with any oxygenate,
to determine whether the reformulated gasoline which has been produced
through blending complies with the applicable standards, using the
methodology specified in Sec. 80.46 for this determination.
(i) The sampling and testing program shall be conducted as follows:
(A) All samples shall be collected subsequent to the addition of
oxygenate, and either:
(1) Prior combining the resulting gasoline with any other gasoline;
or
(2) In the case of truck splash blending, subsequent to the delivery
of the gasoline to a retail outlet or wholesale purchaser-consumer
facility provided that the three most recent deliveries to the retail
outlet or wholesale purchaser facility were of gasoline produced using
that refiner's or importer's RBOB, and provided that any discrepancy
found through the retail outlet or wholesale purchaser facility sampling
is followed-up with measures reasonably designed to discover the cause
of the discrepancy; and
(B) Sampling and testing shall be at one of the following rates:
(1) In the case of RBOB which is blended with oxygenate in a
gasoline storage tank, a rate of not less than one sample for every
400,000 barrels of RBOB produced or imported by that refiner or importer
that is blended by that blender, or one sample every month, whichever is
more frequent; or
(2) In the case of RBOB which is blended with oxygenate in gasoline
delivery trucks through the use of computer-controlled in-line blending
equipment, a rate of not less than one sample for every 200,000 barrels
of RBOB produced or imported by that refiner or importer that is blended
by that blender, or one sample every three months, whichever is more
frequent; or
(3) In the case of RBOB which is blended with oxygenate in gasoline
delivery trucks without the use of computer-controlled in-line blending
equipment, a rate of not less than one sample for each 50,000 barrels of
RBOB produced or imported by that refiner or importer which is blended,
or one sample per month, whichever is more frequent;
(ii) In the event the test results for any sample indicate the
gasoline does not comply with applicable standards (within the
correlation ranges specified in Sec. 80.65(e)(2)(i)), the refiner or
importer shall:
(A) Immediately take steps to stop the sale of the gasoline that was
sampled;
(B) Take steps which are reasonably calculated to determine the
cause of the noncompliance and to prevent future instances of
noncompliance;
(C) Increase the rate of sampling and testing to one of the
following rates:
(1) In the case of RBOB which is blended with oxygenate in a
gasoline storage tank, a rate of not less than one sample for every
200,000 barrels of RBOB produced or imported by that refiner or importer
that is blended by that blender, or one sample every two weeks,
whichever is more frequent; or
(2) In the case of RBOB which is blended with oxygenate in gasoline
delivery trucks through the use of computer-controlled in-line blending
equipment, a rate of not less than one sample for every 100,000 barrels
of RBOB produced or imported by that refiner or importer that is blended
by that blender, or one sample every two months, whichever is more
frequent; or
(3) In the case of RBOB which is blended with oxygenate in gasoline
delivery trucks without the use of computer-controlled in-line blending
equipment, a rate of not less than one sample for each 25,000 barrels of
RBOB produced or imported by that refiner or importer which is blended,
or one sample every two weeks, whichever is more frequent;
(D) Continue the increased frequency of sampling and testing until
the results of ten consecutive samples and tests indicate the gasoline
complies with applicable standards, at which time the sampling and
testing may be conducted at the original frequency;
(iii) This quality assurance program is in addition to any quality
assurance
[[Page 650]]
requirements carried out by other parties;
(8) A refiner or importer of RBOB may, in lieu of the contractual
and quality assurance requirements specified in paragraphs (a) (6) and
(7) of this section, base its compliance calculations on the following
assumptions:
(i) In the case of RBOB designated for any-oxygenate, assume that
ethanol will be added;
(ii) In the case of RBOB designated for ether-only, assume that MTBE
will be added; and
(iii) In the case of any-oxygenate and ether-only designated RBOB,
assume that the volume of oxygenate added will be such that the
resulting reformulated gasoline will have an oxygen content of 2.0
weight percent;
(9) Any refiner or importer who does not meet the contractual and
quality assurance requirements specified in paragraphs (a) (6) and (7)
of this section, and who does not designate its RBOB as ether-only or
any-oxygenate, shall base its compliance calculations on the assumption
that 4.0 volume percent ethanol is added to the RBOB; and
(10) Specify in the product transfer documentation for the RBOB each
oxygenate type or types and amount or range of amounts which is
consistent with the designation of the RBOB as any-oxygenate, or ether-
only, and which, if blended with the RBOB will result in reformulated
gasoline which:
(i) Has VOC, toxics, or NOX emissions reduction
percentages which are no lower than the percentages that formed the
basis for the refiner's or importer's compliance determination for these
parameters;
(ii) Has a benzene content and RVP level which are no higher than
the values for these characteristics that formed the basis for the
refiner's or importer's compliance determinations for these parameters;
and
(iii) Will not cause the reformulated gasoline to violate any
standard specified in Sec. 80.41.
(b) Requirements for oxygenate blenders. For all RBOB received by
any oxygenate blender, the oxygenate blender shall:
(1) Add oxygenate of the type(s) and amount (or within the range of
amounts) specified in the product transfer documents for the RBOB;
(2) Designate each batch of the resulting reformulated gasoline as
meeting the oxygen standard per-gallon or on average;
(3) Meet the standard requirements specified in Sec. 80.65(c) and
Sec. 80.67(f), the record keeping requirements specified in Sec. 80.74,
and the reporting requirements specified in Sec. 80.75; and
(4) In the case of each batch of reformulated gasoline which is
designated for compliance with the oxygen standard on average:
(i) Determine the volume and the weight percent oxygen of the batch
using the testing methodology specified in Sec. 80.46;
(ii) Assign a number to the batch (the ``batch number''), beginning
with the number one for the first batch produced each calendar year and
each subsequent batch during the calendar year being assigned the next
sequential number, and such numbers to be preceded by the oxygenate
blender's registration number, the facility number, and the second two
digits of the year in which the batch was produced (e.g., 4321-4321-95-
001, 4321-4321-95-002, etc.); and
(iii) Meet the compliance audit requirements specified in
Sec. 80.65(h).
(c) Additional requirements for terminal storage tank blending. Any
oxygenate blender who produces reformulated gasoline by blending any
oxygenate with any RBOB in any gasoline storage tank, other than a truck
used for delivering gasoline to retail outlets or wholesale purchaser-
consumer facilities, shall, for each batch of reformulated gasoline so
produced determine the oxygen content and volume of this gasoline prior
to the gasoline leaving the oxygenate blending facility, using the
methodology specified in Sec. 80.46.
(d) Additional requirements for distributors dispensing RBOB into
trucks for blending. Any distributor who dispenses any RBOB into any
truck which delivers gasoline to retail outlets or wholesale purchaser-
consumer facilities, shall for such RBOB so dispensed:
(1) Transfer the RBOB only to an oxygenate blender who has
registered with the Administrator of EPA as such;
[[Page 651]]
(2) Transfer any RBOB designated as ether-only RBOB only if the
distributor has a reasonable basis for knowing the oxygenate blender
will blend an oxygenate other than ethanol with the RBOB; and
(3) Obtain from the oxygenate blender the oxygenate blender's EPA
registration number.
(e) Additional requirements for oxygenate blenders who blend
oxygenate in trucks. Any oxygenate blender who obtains any RBOB in any
gasoline delivery truck shall:
(1) On each occasion it obtains RBOB from a distributor, supply the
distributor with the oxygenate blender's EPA registration number;
(2) Conduct a quality assurance sampling and testing program to
determine whether the proper type and amount of oxygenate is added to
RBOB. The program shall be conducted as follows:
(i) All samples shall be collected subsequent to the addition of
oxygenate, and either:
(A) Prior combining the resulting gasoline with any other gasoline;
or
(B) Subsequent to the delivery of the gasoline to a retail outlet or
wholesale purchaser-consumer facility provided that the three most
recent deliveries to the retail outlet or wholesale purchaser facility
were of gasoline that was produced by that oxygenate blender and that
had the same oxygenate requirements, and provided that any discrepancy
in oxygenate type or amount found through the retail outlet or wholesale
purchaser facility sampling is followed-up with measures reasonably
designed to discover the cause of the discrepancy;
(ii) Sampling and testing shall be at one of the following rates:
(A) In the case computer-controlled in-line blending is used, a rate
of not less than one sample per each five hundred occasions RBOB and
oxygenate are loaded into a truck by that oxygenate blender, or one
sample every three months, whichever is more frequent; or
(B) In the case computer-controlled in-line blending is not used, a
rate of not less than one sample per each one hundred occasions RBOB and
oxygenate are blended in a truck by that oxygenate blender, or one
sample per month, whichever is more frequent;
(iii) Sampling and testing shall be of the gasoline produced through
one of the RBOB-oxygenate blends produced by that oxygenate blender;
(iv) Samples shall be analyzed for oxygenate type and oxygen content
using the testing methodology specified at Sec. 80.46; and
(v) In the event the testing results for any sample indicate the
gasoline does not contain the specified type and amount of oxygenate
(within the ranges specified in Sec. 80.70(b)(2)(i)):
(A) Immediately stop selling (or where possible, to stop any
transferee of the gasoline from selling) the gasoline which was sampled;
(B) Take steps to determine the cause of the noncompliance;
(C) Increase the rate of sampling and testing to one of the
following rates:
(1) In the case computer-controlled in-line blending is used, a rate
of not less than one sample per each two hundred and fifty occasions
RBOB and oxygenate are loaded into a truck by that oxygenate blender, or
one sample every six weeks, whichever is more frequent; or
(2) In the case computer-controlled in-line blending is not used, a
rate of not less than one sample per each fifty occasions RBOB and
oxygenate are blended in a truck by that oxygenate blender, or one
sample every two weeks, whichever is more frequent; and
(D) This increased frequency shall continue until the results of ten
consecutive samples and tests indicate the gasoline complies with
applicable standards, at which time the frequency may revert to the
original frequency.
[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36964, July 20, 1994; 62
FR 60135, Nov. 6, 1997; 66 FR 37165, July 17, 2001]