[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: 40CFR80.78]

[Page 665-667]
 
                   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. 80.78  Controls and prohibitions on reformulated gasoline.

    (a) Prohibited activities. (1) No person may manufacture and sell or 
distribute, offer for sale or distribution, dispense, supply, offer for 
supply, store, transport, or cause the transportation of any gasoline 
represented as reformulated and intended for sale or use in any covered 
area:
    (i) Unless each gallon of such gasoline meets the applicable benzene 
maximum standard specified in Sec. 80.41;
    (ii) Unless each gallon of such gasoline meets the applicable oxygen 
content:
    (A) Minimum standard specified in Sec. 80.41; and
    (B) In the case of gasoline subject to simple model standards, 
maximum standard specified in Sec. 80.41;
    (iii) Unless each gallon is properly designated as oxygenated fuels 
program reformulated gasoline, within any oxygenated gasoline program 
control areas during the oxygenated gasoline control period;
    (iv) Unless the product transfer documentation for such gasoline 
complies with the requirements in Sec. 80.77; and
    (v) During the period May 1 through September 15 for all persons 
except retailers and wholesale purchaser-consumers, and during the 
period June 1 through September 15 for all persons including retailers 
and wholesale purchaser-consumers:
    (A) Unless each gallon of such gasoline is VOC-controlled for the 
proper VOC Control Region, except that gasoline designated for VOC-
Control Region 1 may be used in VOC-Control Region 2;
    (B) Unless each gallon of such gasoline that is subject to simple 
model standards has an RVP which is less than or equal to the applicable 
RVP maximum specified in Sec. 80.41;
    (C) Unless each gallon of such gasoline that is subject to complex 
model standards has a VOC emissions reduction percentage which is 
greater than or equal to the applicable minimum specified in Sec. 80.41.
    (2) No refiner or importer may produce or import any gasoline 
represented as reformulated or RBOB, and intended for sale or use in any 
covered area:
    (i) Unless such gasoline meets the definition of reformulated 
gasoline or RBOB; and
    (ii) Unless the properties of such gasoline or RBOB correspond to 
the product transfer documents.
    (3) No person may manufacture and sell or distribute, or offer for 
sale or distribution, dispense, supply, or offer for supply, store, 
transport or cause the transportation of gasoline represented as 
conventional which does not contain at least the minimum concentration 
of the conventional gasoline marker specified in Sec. 80.82.
    (4) Gasoline shall be presumed to be intended for sale or use in a 
covered area unless:
    (i) Product transfer documentation as described in Sec. 80.77 
accompanying such gasoline clearly indicates the gasoline is intended 
for sale and use only outside any covered area; or
    (ii) The gasoline is contained in the storage tank of a retailer or 
wholesale purchaser-consumer outside any covered area.
    (5) No person may combine any reformulated gasoline with any 
conventional gasoline or blendstock, except that a refiner may do so at 
a refinery under the requirements specified in Sec. 80.65(i), or if the 
combined product is designated as conventional gasoline.
    (6) No person may add any oxygenate to reformulated gasoline, except 
that such oxygenate may be added to reformulated gasoline provided that 
such gasoline is used in an oxygenated fuels program control area during 
an oxygenated fuels control period.
    (7) No person may combine any reformulated gasoline blendstock for 
oxygenate blending with any other gasoline, blendstock, or oxygenate 
except:

[[Page 666]]

    (i) Oxygenate of the type and amount (or within the range of 
amounts) specified by the refiner or importer at the time the RBOB was 
produced or imported;
    (ii) Other RBOB for which the same oxygenate type and amount (or 
range of amounts) was specified by the refiner or importer; or
    (iii) Under the terms of paragraph (a)(5) of this section.
    (8) No person may combine any VOC-controlled reformulated gasoline 
that is produced using ethanol with any VOC-controlled reformulated 
gasoline that is produced using any other oxygenate during the period 
January 1 through September 15.
    (9) Prior to January 1, 1998:
    (i) No person may combine any reformulated gasoline or RBOB that is 
subject to the simple model standards with any reformulated gasoline or 
RBOB that is subject to the complex model standards, except that such 
gasolines may be combined at a retail outlet or wholesale purchaser-
consumer facility;
    (ii) No person may combine any reformulated gasoline subject to the 
complex model standards that is produced at any refinery or is imported 
by any importer with any other reformulated gasoline that is produced at 
a different refinery or is imported by a different importer, unless the 
other refinery or importer has an identical baseline for meeting complex 
model standards during this period; and
    (iii) No person may combine any RBOB subject to the complex model 
standards that is produced at any refinery or is imported by any 
importer with any RBOB that is produced at a different refinery or is 
imported by a different importer, unless the other refinery or importer 
has an identical baseline for meeting complex model standards during 
this period.
    (10) The prohibitions against combining certain categories of 
gasoline under paragraphs (a)(5), (a)(7) and (a)(8) of this section do 
not apply in the case of a party who is changing the type of gasoline 
stored in a gasoline storage tank or the type of gasoline transported 
through a gasoline pipe or manifold within a single facility (a gasoline 
storage tank, pipe, or manifold change of service), or in the case of a 
change of service that involves mixing gasoline with blendstock, 
provided that:
    (i) The change of service is for a legitimate operational reason and 
is not for the purpose of combining the categories of gasoline or of 
combining gasoline with blendstock;
    (ii) Prior to adding product of the new category the volume of 
product of the old category in the tank, pipe or manifold is made as low 
as possible through normal pumping operations;
    (iii) The volume of product of the new category that is added to the 
tank, pipe or manifold is as large as possible taking into account the 
availability of product of the new category; and
    (iv) In any case where the new category of product is reformulated 
gasoline, subsequent to adding the gasoline of the new category, a 
representative sample from the tank, pipe or manifold is collected and 
analyzed, and such analysis shows compliance with each standard under 
Sec. 80.41 that is relevant to the new gasoline category. The analysis 
for each standard must be conducted using the method specified under 
Sec. 80.46, or using another method that is approved by the American 
Society of Testing and Materials (ASTM), provided that the protocols of 
the ASTM method are followed and the alternative method is correlated to 
the method specified under Sec. 80.46.
    (11) The prohibition against combining reformulated gasoline with 
RBOB under paragraph (a)(8) of this section does not apply in the case 
of a party who is changing the type of product stored in a tank from 
which trucks are loaded, from reformulated gasoline to RBOB, or vice 
versa, provided that:
    (i) The change of service requirements described in paragraph 
(a)(10) of this section cannot be met without taking the storage tank 
out of service;
    (ii) Prior to adding product of the new category the volume of 
product of the old category in the tank is drawn down to the lowest 
point which allows trucks to be loaded during the transition;
    (iii) The volume of product of the new category that is added to the 
tank is as large as possible taking into account the availability of 
product of the new category;

[[Page 667]]

    (iv) When transitioning from RBOB to reformulated gasoline:
    (A) If the reformulated gasoline in the storage tank has an oxygen 
content of less than 1.5 wt%, oxygenate must be blended into the 
reformulated gasoline at the loading rack such that the reformulated 
gasoline has a minimum oxygen content of 1.5 wt%;
    (B) Subsequent to any oxygenate blending, the reformulated gasoline 
must meet all applicable standards that apply at the terminal; and
    (C) Prior to the date the VOC-control standards apply to the 
terminal the reformulated gasoline in the storage tank must have an 
oxygen content of not less than 1.5 wt%;
    (v) When transitioning from reformulated gasoline to RBOB:
    (A) The oxygen content of the reformulated gasoline produced using 
the RBOB must be not less than the minimum oxygen amount specified in 
the RBOB product transfer documents;
    (B) Subsequent to any oxygenate blending, the reformulated gasoline 
produced using the RBOB must meet all applicable standards that apply at 
the terminal; and
    (C) The transition from reformulated gasoline to RBOB may not begin 
until the date the VOC-control standards no longer apply to the 
terminal; and
    (vi) The party must demonstrate compliance with the requirements 
specified in paragraphs (a)(11)(iv) and (v) of this section through 
testing of samples collected from the terminal storage tank and from 
trucks loaded at the terminal subsequent to each receipt of new product 
until the transition is complete. The analyses must be conducted using 
the test method specified under Sec. 80.46, or using another test method 
that is approved by the American Society of Testing and Materials 
(ASTM), provided that the protocols of the ASTM method are followed and 
the alternative method is correlated with the method specified under 
Sec. 80.46.
    (b) Liability. Liability for violations of paragraph (a) of this 
section shall be determined according to the provisions of Sec. 80.79.
    (c) Determination of compliance. Compliance with the standards 
listed in paragraph (a) of this section shall be determined by use of 
one of the testing methodologies specified in Sec. 80.46, except that 
where test results using the testing methodologies specified in 
Sec. 80.46 are not available or where such test results are available 
but are in question, EPA may establish noncompliance with standards 
using any information, including the results of testing using methods 
that are not included in Sec. 80.46.
    (d) Dates controls and prohibitions begin. The controls and 
prohibitions specified in paragraph (a) of this section apply at any 
location other than retail outlets and wholesale purchaser-consumer 
facilities on or after December 1, 1994, at any location on or after 
January 1, 1995.

[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36965, July 20, 1994; 62 
FR 60136, Nov. 6, 1997; 62 FR 68207, Dec. 31, 1997; 66 FR 67106, Dec. 
28, 2001]