[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: 40CFR80.68]
[Page 676-682]
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. 80.68 Compliance surveys.
(a) Compliance survey option 1. In order to satisfy the compliance
survey requirements, any refiner or importer shall properly conduct a
program of compliance surveys in accordance with a survey program plan
which has been approved by the Administrator of EPA in each covered area
which is supplied with any gasoline for which compliance is achieved on
average that is produced by that refinery or imported by that importer.
Such approval shall be based upon the survey program plan meeting the
following criteria:
(1) The survey program shall consist of at least four surveys which
shall occur during the following time periods: one survey during the
period January 1 through May 31; two surveys during the period June 1
through September 15; and one survey during the period September 16
through December 31.
(2) The survey program shall meet the criteria stated in paragraph
(c) of this section.
(3) In the event that any refiner or importer fails to properly
carry out an approved survey program, the refiner or importer shall
achieve compliance with all applicable standards on a per-gallon basis
for the calendar year in which the failure occurs, and may not achieve
compliance with any standard on an average basis during this calendar
year. This requirement to achieve compliance per-gallon shall apply ab
initio to the beginning of any calendar year in which the failure
occurs, regardless of when during the year the failure occurs.
(b) Compliance survey option 2. A refiner or importer shall be
deemed to have satisfied the compliance survey requirements described in
paragraph (a) of this section if a comprehensive program of surveys is
properly conducted in accordance with a survey program plan which has
been approved by the Administrator of EPA. Such approval shall be based
upon the survey program plan meeting the following criteria:
(1) The initial schedule for the conduct of surveys shall be as
follows:
(i) 120 surveys shall be conducted in 1995;
(ii) 80 surveys shall be conducted in 1996;
(iii) 60 surveys shall be conducted in 1997;
(iv) 70 surveys shall be conducted in 1998 and thereafter.
(2) This initial survey schedule shall be adjusted as follows:
(i) In the event one or more ozone nonattainment areas in addition
to the nine specified in Sec. 80.70, opt into the reformulated gasoline
program, the number of surveys to be conducted in the year the area or
areas opt into the program and in each subsequent year shall be
increased according to the following formula:
[[Page 677]]
[GRAPHIC] [TIFF OMITTED] TR16FE94.009
where:
ANSi = the adjusted number of surveys for year i; i = the
opt-in year and each subsequent year
NSi = the number of surveys according to the schedule in
paragraph (b)(1) of this section in year i; i = the opt-in year and each
subsequent year
Vopt-in = the total volume of gasoline supplied to the opt-in
covered areas in the year preceding the year of the opt-in
Vorig = the total volume of gasoline supplied to the original
nine covered areas in the year preceding the year of the opt-in
(ii) In the event that any covered area(s) fails a survey or survey
series according to the criteria set forth in paragraph (c) of this
section, the annual decreases in the numbers of surveys prescribed by
paragraph (b)(1) of this section, as adjusted by paragraph (b)(2)(i) of
this section, shall be adjusted as follows in the year following the
year of the failure. Any such adjustment to the number of surveys shall
remain in effect so long as any standard for the affected covered area
has been adjusted to be more stringent as a result of a failed survey or
survey series. The adjustments shall be calculated according to the
following formula:
[GRAPHIC] [TIFF OMITTED] TR16FE94.010
where:
ANSi = the adjusted number of surveys in year i; i = the year
after the failure and each subsequent year
Vfailed = the total volume of gasoline supplied to the
covered area which failed the survey or survey series in the year of the
failure
Vtotal = the total volume of gasoline supplied to all covered
areas in the year of the failure
NSi = the number of surveys in year i according to the
schedule in paragraph (b)(1) of this section and as adjusted by
paragraph (b)(2)(i) of this section; i = the year after the failure and
each subsequent year
(3) The survey program shall meet the criteria stated in paragraph
(c) of this section.
(4) On each occasion the comprehensive survey program does not occur
as specified in the approved plan with regard to any covered area:
(i) Each refiner or importer who supplied any reformulated gasoline
or RBOB to the covered area and who has not satisfied the survey
requirements described in paragraph (a) of this section shall be deemed
to have failed to carry out an approved survey program; and
(ii) The covered area will be deemed to have failed surveys for VOC
and NOX emissions performance, and survey series for benzene
and toxic and NOX emissions performance.
(c) General survey requirements. (1) During the period January 1,
1995 through December 31, 1997:
(i) Any sample taken from a retail gasoline storage tank for which
the three most recent deliveries were of gasoline designated as meeting:
(A) Simple model standards shall be considered a ``simple model
sample''; or
(B) Complex model standards shall be considered a ``complex model
sample.''
(ii) A survey shall consist of the combination of a simple model
portion and a complex model portion, as follows:
(A) The simple model portion of a survey shall consist of all simple
model samples that are collected pursuant to the applicable survey
design in a single covered area during any consecutive seven-day period
and that are not excluded under paragraph (c)(6) of this section.
(B) The complex model portion of a survey shall consist of all
complex model samples that are collected pursuant to the applicable
survey design in a single covered area during any consecutive seven-day
period and that
[[Page 678]]
are not excluded under paragraph (c)(6) of this section.
(iii)(A) The simple model portion of each survey shall be
representative of all gasoline certified using the simple model which is
being dispensed in the covered area.
(B) The complex model portion of each survey shall be representative
of all gasoline certified using the complex model which is being
dispensed in the covered area.
(2) Beginning on January 1, 1998:
(i) A survey shall consist of all samples that are collected
pursuant to the applicable survey design in a single covered area during
any consecutive seven-day period and that are not excluded under
paragraph (c)(6) of this section.
(ii) A survey shall be representative of all gasoline which is being
dispensed in the covered area.
(3)(i) A VOC survey and a NOX survey shall consist of any
survey conducted during the period June 1 through September 15;
(ii) A sample of gasoline taken at a retail outlet or wholesale
purchaser-consumer facility that has within the past 30 days commingled
ethanol blended reformulated gasoline with non-ethanol blended
reformulated gasoline in accordance with the provisions in Sec.
80.78(a)(8) shall not be used in a VOC survey required under this
section.
(4)(i) A toxics and benzene survey series shall consist of all
surveys conducted in a single covered area during a single calendar
year.
(ii) A NOX survey series shall consist of all surveys
conducted in a single covered area during the periods January 1 through
May 31, and September 16 through December 31 during a single calendar
year.
(5)(i) Each simple model sample included in a survey shall be
analyzed for oxygenate type and content, benzene content, aromatic
hydrocarbon content, and RVP in accordance with the methodologies
specified in Sec. 80.46; and
(ii) Each complex model sample included in a survey shall be
analyzed for oxygenate type and content, olefins, benzene, sulfur, and
aromatic hydrocarbons, E-200, E-300, and RVP in accordance with the
methodologies specified in Sec. 80.46.
(6)(i) The results of each survey shall be based upon the results of
the analysis of each sample collected during the course of the survey,
unless the sample violates the applicable per-gallon maximum or minimum
standards for the parameter being evaluated plus any enforcement
tolerance that applies to the parameter (e.g., a sample that violates
the benzene per-gallon maximum plus any benzene enforcement tolerance
but meets other per-gallon maximum and minimum standards would be
excluded from the benzene survey, but would be included in the surveys
for parameters other than benzene).
(ii) Any sample from a survey that violates any standard under Sec.
80.41, or that constitutes evidence of the violation of any prohibition
or requirement under this subpart D, may be used by the Administrator in
an enforcement action for such violation.
(7) Each laboratory at which samples in a survey are analyzed shall
participate in a correlation program with EPA to ensure the validity of
analysis results.
(8)(i) The results of each simple model VOC survey shall be
determined as follows:
(A) For each simple model sample from the survey, the VOC emissions
reduction percentage shall be determined based upon the tested values
for RVP and oxygen for that sample as applied to the VOC emissions
reduction equation at Sec. 80.42(a)(1) for VOC-Control Region 1 and
Sec. 80.42(a)(2) for VOC-Control Region 2;
(B) The VOC emissions reduction survey standard applicable to each
covered area shall be calculated by using the VOC emissions equation at
Sec. 80.42(a)(1) with RVP = 7.2 and OXCON = 2.0 for covered areas
located in VOC-Control Region 1 and using the VOC emissions equation at
Sec. 80.42(a)(2) with RVP = 8.1 and OXCON = 2.0 for covered areas
located in VOC-Control Region 2; and
(C) The covered area shall have failed the simple model VOC survey
if the VOC emissions reduction average of all survey samples is less
than VOC emissions reduction survey standard calculated under paragraph
(c)(8)(i)(B) of this section.
[[Page 679]]
(ii) The results of each complex model VOC emissions reduction
survey shall be determined as follows:
(A) For each complex model sample from the survey series, the VOC
emissions reduction percentage shall be determined based upon the tested
parameter values for that sample and the appropriate methodology for
calculating VOC emissions reduction at Sec. 80.45;
(B) The covered area shall have failed the complex model VOC survey
if the VOC emissions reduction percentage average of all survey samples
is less than the applicable per-gallon standard for VOC emissions
reduction;
(C) For adjusted VOC gasoline sold in the covered areas described at
Sec. 80.70(f) and (i), the covered area shall have failed the complex
model VOC survey if the VOC emissions reduction percentage average of
all survey samples is less than the weighted average of the applicable
per-gallon standards for VOC emissions reduction calculated according to
the following formula:
[GRAPHIC] [TIFF OMITTED] TR17JY01.003
Where:
WSTD=Weighted average of the applicable per-gallon VOC standards.
VOCU=Per gallon VOC standard applicable in the covered area to RFG
containing less than 10 percent ethanol by volume.
VOCA=Per gallon VOC standard applicable in the covered area to RFG
containing 10 percent ethanol by volume.
nu=Number of samples in the VOC survey with oxygen content
less than 3.5 percent by weight.
na=Number of samples in the VOC survey with oxygen content
equal to or greater than 3.5 percent by weight.
n=Total number of samples in the VOC survey.
(9)(i) The results of each simple model toxics emissions reduction
survey series conducted in any covered area shall be determined as
follows:
(A) For each simple model sample from the survey series, the toxics
emissions reduction percentage shall be determined based upon the tested
parameter values for that sample and the appropriate methodology for
calculating toxics emissions performance reduction at Sec. 80.42.
(B) The annual average of the toxics emissions reduction percentages
for all samples from a survey series shall be calculated according to
the following formula \2\:
---------------------------------------------------------------------------
\2\ The formula requires, first, that the toxic reductions of
samples taken in each one-week survey be averaged to obtain an average
for each such survey. Then these survey averages are, themselves,
averaged separately for high-ozone and non-high-ozone season surveys, to
obtain two overall averages. These overall averages are each to be
multiplied by a seasonal weight (0.468 for high-ozone season and 0.532
for non-high ozone season) and the resulting products added together to
obtain the average annual toxic emission reduction.
[GRAPHIC] [TIFF OMITTED] TR15DE05.010
[[Page 680]]
Where:
AATER = the annual average toxics emissions reduction
TER1,j = the toxics emissions reduction for sample j of
gasoline collected during the high ozone season
TER2,j = the toxics emissions reduction for sample j of
gasoline collected outside the high ozone season
n1 = the number of gasoline samples collected during a one-
week survey conducted within the high ozone season
s1 = the number of one-week surveys conducted within the high
ozone season
n2 = the number of gasoline samples collected during a one-
week survey conducted outside the high ozone season
s2 = the number of one-week surveys conducted outside of the
high ozone season
(C) The covered area shall have failed the simple model toxics
survey series if the annual average toxics emissions reduction is less
than the simple model per-gallon standard for toxics emissions
reduction.
(ii) The results of each complex model toxics emissions reduction
survey series conducted in any covered area shall be determined as
follows:
(A) For each complex model sample from the survey series, the toxics
emissions reduction percentage shall be determined based upon the tested
parameter values for that sample and the appropriate methodology for
calculating toxics emissions reduction at Sec. 80.45;
(B) The annual average of the toxics emissions reduction percentages
for a survey series shall be calculated according to the formula
specified in paragraph (c)(9)(i)(B) of this section; and
(C) The covered area shall have failed the complex model toxics
survey series if the annual average toxics emissions reduction is less
than the applicable per-gallon complex model standard for toxics
emissions reduction.
(10) The results of each NOX emissions reduction survey
and survey series shall be determined as follows:
(i) For each sample from the survey and survey series, the
NOX emissions reduction percentage shall be determined based
upon the tested parameter values for that sample and the appropriate
methodology for calculating NOX emissions reduction at Sec.
80.45; and
(ii) The average NOX emission reduction percentage for
each single week-long NOX survey shall be calculated as the
average of all NOX emission reduction percentages from the
survey.
(iii) The covered area shall have failed a NOX survey if
the average NOX emissions reduction percentage for all survey
samples is less than the applicable Phase I or Phase II complex model
per-gallon standard for NOX emissions reduction.
(iv) The average NOX emission reduction percentage for a
NOX survey series shall be calculated according to the
following formula:
[GRAPHIC] [TIFF OMITTED] TR15DE05.011
Where:
ANER = the average NOX emission reduction percentage for a
NOX survey series,
n = the number of gasoline samples taken in the course of a week-long
NOX survey,
NERj = the NOX emissions reduction percentage for
gasoline sample j determined according to the appropriate methodology at
Sec. 80.45, and
S = the number of week-long NOX surveys conducted during the
NOX survey series period
(v) The covered area shall have failed a NOX survey
series if the average NOX emissions reduction percentage for
the series, as computed in paragraph (c)(10)(iv) of this section, is
less than the applicable Phase I or Phase II complex model per gallon
standard for NOX emissions reduction.
(11)(i) The results of each benzene content survey series conducted
in any covered area shall be determined according to the following
formula:
[[Page 681]]
[GRAPHIC] [TIFF OMITTED] TR15DE05.012
Where:
AABC = the annual average benzene content for a benzene content survey
series,
n = the number of gasoline samples taken in the course of a week-long
benzene content survey,
BCj = the benzene content for gasoline sample j taken in the
course of a week-long benzene content survey, and
S = the number of week-long benzene content surveys conducted during the
year.
(ii) If the annual average benzene content computed in paragraph
(c)(11)(i) of this section is greater than 1.000 percent by volume, the
covered area shall have failed a benzene content survey series.
(12) [Reserved]
(13) Each survey program shall:
(i) Be planned and conducted by a person who is independent of the
refiner or importer (the surveyor). In order to be considered
independent:
(A) The surveyor shall not be an employee of any refiner or
importer;
(B) The surveyor shall be free from any obligation to or interest in
any refiner or importer; and
(C) The refiner or importer shall be free from any obligation to or
interest in the surveyor; and
(ii) Include procedures for selecting sample collection locations,
numbers of samples, and gasoline compositions which will result in:
(A) Simple model surveys representing all gasoline certified using
the simple model being dispensed at retail outlets within the covered
area during the period of the survey; and
(B) Complex model surveys representing all gasoline certified using
the complex model being dispensed at retail outlets within the covered
area during the period of the survey; and
(iii) Include procedures such that the number of samples included in
each survey or survey series (whichever is applicable) assures that:
(A) In the case of simple model surveys or survey series, the
average levels of oxygen, benzene, RVP, and aromatic hydrocarbons are
determined with a 95% confidence level, with error of less than 0.1 psi
for RVP, 0.05% for benzene (by volume), and 0.1% for oxygen (by weight);
and
(B) In the case of complex model surveys or survey series, the
average levels of oxygen, benzene, RVP, aromatic hydrocarbons, olefins,
T-50, T-90 and sulfur are determined with a 95% confidence level, with
error of less than 0.1 psi for RVP, 0.05% for benzene (by volume), 0.1%
for oxygen (by weight), 0.5% for olefins (by volume), 5 [deg]F. for T-50
and T-90, and 10 ppm for sulfur; or an equivalent level of precision for
the complex model-determined emissions parameters; and
(iv) Require that the surveyor shall:
(A) Not inform anyone, in advance, of the date or location for the
conduct of any survey;
(B) Upon request by EPA made within thirty days following the
submission of the report of a survey, provide a duplicate of any
gasoline sample taken during that survey to EPA at a location to be
specified by EPA each sample to be identified by the name and address of
the facility where collected, the date of collection, and the
classification of the sample as simple model or complex model; and
(C) At any time permit any representative of EPA to monitor the
conduct of the survey, including sample collection, transportation,
storage, and analysis; and
(v) Require the surveyor to submit to EPA a report of each survey,
within thirty days following completion of the survey, such report to
include the following information:
(A) The identification of the person who conducted the survey;
(B) An attestation by an officer of the surveyor company that the
survey was conducted in accordance with the survey plan and that the
survey results are accurate;
(C) If the survey was conducted for one refiner or importer, the
identification of that party;
[[Page 682]]
(D) The identification of the covered area surveyed;
(E) The dates on which the survey was conducted;
(F) The address of each facility at which a gasoline sample was
collected, the date of collection, and the classification of the sample
as simple model or complex model;
(G) The results of the analyses of simple model samples for
oxygenate type and oxygen weight percent, benzene content, aromatic
hydrocarbon content, and RVP, the calculated toxics emission reduction
percentage, and for each survey conducted during the period June 1
through September 15 the VOC emissions reduction percentage calculated
using the methodology specified in paragraph (c)(8)(i) of this section;
(H) The results of the analyses of complex model samples for
oxygenate type and oxygen weight percent, benzene, aromatic hydrocarbon,
and olefin content, E-200, E-300, and RVP, the calculated NOX
and toxics emissions reduction percentage, and for each survey conducted
during the period June 1 through September 15, the calculated VOC
emissions reduction percentage;
(I) The name and address of each laboratory where gasoline samples
were analyzed;
(J) A description of the methodology utilized to select the
locations for sample collection and the numbers of samples collected;
(K) For any samples which were excluded from the survey, a
justification for such exclusion; and
(L) The average toxics emissions reduction percentage for simple
model samples and the percentage for complex model samples, the average
benzene percentage, and for each survey conducted during the period June
1 through September 15, the average VOC emissions reduction percentage
for simple model samples and the percentage for complex model samples,
and the average NOX emissions reduction percentage for all
complex model samples;
(14) Each survey shall be conducted at a time and in a covered area
selected by EPA no earlier than two weeks before the date of the survey.
(15) The procedure for seeking EPA approval for a survey program
plan shall be as follows:
(i) The survey program plan shall be submitted to the Administrator
of EPA for EPA's approval no later than September 1 of the year
preceding the year in which the surveys will be conducted; and
(ii) Such submittal shall be signed by a responsible corporate
officer of the refiner, importer, or oxygenate blender, or in the case
of a comprehensive survey program plan, by an officer of the
organization coordinating the survey program.
(16)(i) No later than December 1 of the year preceding the year in
which the surveys will be conducted, the contract with the surveyor to
carry out the entire survey plan shall be in effect, and an amount of
money necessary to carry out the entire survey plan shall be paid to the
surveyor or placed into an escrow account with instructions to the
escrow agent to pay the money over to the surveyor during the course of
the conduct of the survey plan.
(ii) No later than December 15 of the year preceding the year in
which the surveys will be conducted, the Administrator of EPA shall be
given a copy of the contract with the surveyor, proof that the money
necessary to carry out the plan has either been paid to the surveyor or
placed into an escrow account, and if placed into an escrow account, a
copy of the escrow agreement.
[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36963, July 20, 1994; 62
FR 12576, Mar. 17, 1997; 62 FR 68207, Dec. 31, 1997; 66 FR 37165, July
17, 2001; 71 FR 74568, Dec. 15, 2005; 71 FR 26699, May 8, 2006]