[Code of Federal Regulations]

[Title 40, Volume 16]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR80.29]



[Page 627-628]

 

                   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 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.



[[Page 628]]



    (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]