[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: 40CFR80.41]
[Page 633-638]
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................ <=7.2
Gasoline designated for VOC-Control Region 2................ <=8.1
Oxygen content (percent, by weight)........................... X 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
[[Page 635]]
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 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
[[Page 636]]
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 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) [Reserved]
(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 the following
number of days after the date EPA announces the change:
(1) 90 days for refinery or import facilities;
(2) 180 days for retail outlets and wholesale purchaser-consumer
facilities; and
(3) 150 days for all other facilities.
(q) Refineries and importers subject to adjusted standards.
Standards for average compliance that are adjusted to be more or less
stringent by operation of
[[Page 637]]
paragraphs (k), (l) (m) or (n) of this section apply to average
reformulated gasoline produced at each refinery 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 if:
(i) Any averaged reformulated gasoline from that refinery 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 supplies
the covered area during any year that the standards are more stringent
than the initial standards; unless
(iii) The refiner is able to show that the volume of averaged
reformulated gasoline from a refinery that supplied the covered area
during any years under paragraphs (q)(1)(i) or (ii) of this section was
less than one percent of the reformulated gasoline produced at the
refinery 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, 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:
[[Page 638]]
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; 71 FR 74566, Dec. 15, 2005; 71 FR
8972, Feb. 22, 2006; 71 FR 26698, May 8, 2006]