[Code of Federal Regulations]
[Title 40, Volume 16]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR80.2]
[Page 634-638]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 80_REGULATION OF FUELS AND FUEL ADDITIVES--Table of Contents
Subpart A_General Provisions
Sec. 80.2 Definitions.
As used in this part:
(a) Act means the Clean Air Act, as amended (42 U.S.C. 1857 et
seq.).
(b) Administrator means the Administrator of the Environmental
Protection Agency.
(c) Gasoline means any fuel sold in any State \1\ for use in motor
vehicles and motor vehicle engines, and commonly or commercially known
or sold as gasoline.
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\1\ State means a State, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American Samoa and the
Commonwealth of the Northern Mariana Islands.
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(d) Previously certified gasoline, or PCG, means gasoline or RBOB
that previously has been included in a batch for purposes of complying
with the standards in Subparts D, E, H, and J of this part, as
appropriate.
(e) Lead additive means any substance containing lead or lead
compounds.
(f) Previously designated diesel fuel or PDD means diesel fuel that
has been previously designated and included by a refiner or importer in
a batch for purposes of complying with the standards and requirements of
subpart I of this part.
(g) Unleaded gasoline means gasoline which is produced without the
use of any lead additive and which contains not more than 0.05 gram of
lead per gallon and not more than 0.005 gram of phosphorus per gallon.
(h) Refinery means any facility, including but not limited to, a
plant, tanker truck, or vessel where gasoline or diesel fuel is
produced, including any facility at which blendstocks are combined to
produce gasoline or diesel fuel, or at which blendstock is added to
gasoline or diesel fuel.
(i) Refiner means any person who owns, leases, operates, controls,
or supervises a refinery.
(j) Retail outlet means any establishment at which gasoline, diesel
fuel,
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methanol, natural gas or liquified petroleum gas is sold or offered for
sale for use in motor vehicles or nonroad engines, including locomotive
engines or marine engines.
(k) Retailer means any person who owns, leases, operates, controls,
or supervises a retail outlet.
(l) Distributor means any person who transports or stores or causes
the transportation or storage of gasoline or diesel fuel at any point
between any gasoline or diesel fuel refinery or importer's facility and
any retail outlet or wholesale purchaser-consumer's facility.
(m) Lead additive manufacturer means any person who produces a lead
additive or sells a lead additive under his own name.
(n) Reseller means any person who purchases gasoline or diesel fuel
identified by the corporate, trade, or brand name of a refiner from such
refiner or a distributor and resells or transfers it to retailers or
wholesale purchaser-consumers displaying the refiner's brand, and whose
assets or facilities are not substantially owned, leased, or controlled
by such refiner.
(o) Wholesale purchaser-consumer means any person that is an
ultimate consumer of gasoline, diesel fuel, methanol, natural gas, or
liquified petroleum gas and which purchases or obtains gasoline, diesel
fuel, natural gas or liquified petroleum gas from a supplier for use in
motor vehicles or nonroad engines, including locomotive engines or
marine engines and, in the case of gasoline, diesel fuel, methanol or
liquified petroleum gas, receives delivery of that product into a
storage tank of at least 550-gallon capacity substantially under the
control of that person.
(p)-(q) [Reserved]
(r) Importer means a person who imports gasoline, gasoline blending
stocks or components, or diesel fuel from a foreign country into the
United States (including the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Northern Mariana Islands).
(s) Gasoline blending stock, blendstock, or component means any
liquid compound which is blended with other liquid compounds to produce
gasoline.
(t) Carrier means any distributor who transports or stores or causes
the transportation or storage of gasoline or diesel fuel without taking
title to or otherwise having any ownership of the gasoline or diesel
fuel, and without altering either the quality or quantity of the
gasoline or diesel fuel.
(u) Ethanol blending plant means any refinery at which gasoline is
produced solely through the addition of ethanol to gasoline, and at
which the quality or quantity of gasoline is not altered in any other
manner.
(v) Ethanol blender means any person who owns, leases, operates,
controls, or supervises an ethanol blending plant.
(w) Cetane index or ``Calculated cetane index'' is a number
representing the ignition properties of diesel fuel oils from API
gravity and mid-boiling point as determined by ASTM standard method D
976-80, entitled ``Standard Methods for Calculated Cetane Index of
Distillate Fuels''. ASTM test method D 976-80 is incorporated by
reference. This incorporation by reference was approved by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. A copy may be obtained from the American Society for Testing
and Materials, 1916 Race Street, Philadelphia, PA 19103. A copy may be
inspected at the Air Docket Section (A-130), Room M-1500, U.S.
Environmental Protection Agency, Docket No. A-86-03, 401 M Street SW.,
Washington, DC 20460 or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html.
(x) Diesel fuel means any fuel sold in any State or Territory of the
United States and suitable for use in diesel engines, and that is--
(1) A distillate fuel commonly or commercially known or sold as No.
1 diesel fuel or No. 2 diesel fuel;
(2) A non-distillate fuel other than residual fuel with comparable
physical and chemical properties (e.g., biodiesel fuel); or
(3) A mixture of fuels meeting the criteria of paragraphs (1) and
(2) of this definition.
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(y) Motor vehicle diesel fuel means any diesel fuel or other
distillate fuel that is used, intended for use, or made available for
use in motor vehicles or motor vehicle engines.
(z) Aromatic content is the aromatic hydrocarbon content in volume
percent as determined by ASTM standard test method D 1319-03, entitled,
``Standard Test Method for Hydrocarbon Types in Liquid Petroleum
Products by Fluorescent Indicator Adsorption''. ASTM test method D 1319-
03 is incorporated by reference. This incorporation by reference was
approved by the Director of the Federal Register in accordance 5 U.S.C.
552(a) and 1 CFR part 51. Copies may be obtained from the American
Society for Testing and Materials, 100 Barr Harbor Dr., West
Conshohocken, PA 19428-2959. Copies may be inspected at the Air Docket,
EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington,
DC, or at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030 or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.
(aa) [Reserved]
(bb) Sulfur percentage is the percentage of sulfur in diesel fuel by
weight, as determined using the applicable sampling and testing
methodologies set forth in Sec. 80.580.
(cc) Designated Volatility Nonattainment Area means any area
designated as being in nonattainment with the National Ambient Air
Quality Standard for ozone pursuant to rulemaking under section
107(d)(4)(A)(ii) of the Clean Air Act.
(dd) Designated Volatility Attainment Area means an area not
designated as being in nonattainment with the National Ambient Air
Quality Standard for ozone pursuant to rulemaking under section
107(d)(4)(A)(ii) of the Clean Air Act.
(ee) Reformulated gasoline means any gasoline whose formulation has
been certified under Sec. 80.40, and which meets each of the standards
and requirements prescribed under Sec. 80.41.
(ff) Conventional gasoline means any gasoline which has not been
certified under Sec. 80.40.
(gg) Batch of gasoline means a quantity of gasoline that is
homogeneous with regard to those properties that are specified for
conventional or reformulated gasoline.
(hh) Covered area means each of the geographic areas specified in
Sec. 80.70 in which only reformulated gasoline may be sold or dispensed
to ultimate consumers.
(ii) Reformulated gasoline credit means the unit of measure for the
paper transfer of benzene content resulting from reformulated gasoline
which contains less than 0.95 volume percent benzene.
(jj) Oxygenate means any substance which, when added to gasoline,
increases the oxygen content of that gasoline. Lawful use of any of the
substances or any combination of these substances requires that they be
``substantially similar'' under section 211(f)(1) of the Clean Air Act,
or be permitted under a waiver granted by the Administrator under the
authority of section 211(f)(4) of the Clean Air Act.
(kk) Reformulated gasoline blendstock for oxygenate blending, or
RBOB means a petroleum product which, when blended with a specified type
and percentage of oxygenate, meets the definition of reformulated
gasoline, and to which the specified type and percentage of oxygenate is
added other than by the refiner or importer of the RBOB at the refinery
or import facility where the RBOB is produced or imported.
(ll) Oxygenate blending facility means any facility (including a
truck) at which oxygenate is added to gasoline or blendstock, and at
which the quality or quantity of gasoline is not altered in any other
manner except for the addition of deposit control additives.
(mm) Oxygenate blender means any person who owns, leases, operates,
controls, or supervises an oxygenate blending facility, or who owns or
controls the blendstock or gasoline used or the gasoline produced at an
oxygenate blending facility.
(nn) [Reserved]
(oo) Liquefied petroleum gas means a liquid hydrocarbon fuel that is
stored under pressure and is composed primarily of species that are
gases at atmospheric conditions (temperature = 25
[[Page 637]]
[deg]C and pressure = 1 atm), excluding natural gas.
(pp) Control area means a geographic area in which only oxygenated
gasoline under the oxygenated gasoline program may be sold or dispensed,
with boundaries determined by section 211(m) of the Act.
(qq) Control period means the period during which oxygenated
gasoline must be sold or dispensed in any control area, pursuant to
section 211(m)(2) of the Act.
(rr) Oxygenated gasoline means gasoline which contains a measurable
amount of oxygenate.
(ss) Tank truck means a truck and/or trailer used to transport or
cause the transportation of gasoline or diesel fuel, that meets the
definition of motor vehicle in section 216(2) of the Act.
(tt) Natural gas means a fuel whose primary constituent is methane.
(uu) Methanol means any fuel sold for use in motor vehicles and
commonly known or commercially sold as methanol or MXX, where XX is the
percent methanol (CH3OH) by volume.
(vv) Opt-in area. An area which becomes a covered area under Sec.
80.70 pursuant to section 211(k)(6) of the Clean Air Act.
(ww) Gasoline Treated as Blendstock, or GTAB, means imported
gasoline that is excluded from the import facility's compliance
calculations, but is treated as blendstock in a related refinery that
includes the GTAB in its refinery compliance calculations.
(xx) Diesel fuel additive means any substance not composed solely of
carbon and/or hydrogen, or of diesel blendstocks, that is added to,
intended to be added to, used in, or offered for use in motor vehicle
diesel fuel or NRLM diesel fuel or in diesel motor vehicle or diesel
NRLM engine fuel systems subsequent to the production of diesel fuel by
processing crude oil from refinery processing units.
(yy)-(zz) [Reserved]
(aaa) Distillate fuel means diesel fuel and other petroleum fuels
that can be used in engines that are designed for diesel fuel. For
example, jet fuel, heating oil, kerosene, No. 4 fuel, DMX, DMA, DMB, and
DMC are distillate fuels; and natural gas, LPG, gasoline, and residual
fuel are not distillate fuels. Blends containing residual fuel may be
distillate fuels.
(bbb) Residual fuel means a petroleum fuel that can only be used in
diesel engines if it is preheated before injection. For example, No. 5
fuels, No. 6 fuels, and RM grade marine fuels are residual fuels. Note:
Residual fuels do not necessarily require heating for storage or
pumping.
(ccc) Heating Oil means any 1, 2, or non-petroleum
diesel blend that is sold for use in furnaces, boilers, stationary
diesel engines, and similar applications and which is commonly or
commercially known or sold as heating oil, fuel oil, and similar trade
names, and that is not jet fuel, kerosene, or MVNRLM diesel fuel.
(ddd) Jet fuel means any distillate fuel used, intended for use, or
made available for use in aircraft.
(eee) Kerosene means any No.1 distillate fuel commonly or
commercially sold as kerosene.
(fff) #1D means the distillate fuel classification relating to ``No.
1-D'' diesel fuels as described in ASTM D 975-04. The Director of the
Federal Register approved the incorporation by reference of ASTM D 975-
04, Standard Specification for Diesel Fuel Oils, as prescribed in 5
U.S.C. 552(a) and 1 CFR part 51. Anyone may purchase copies of this
standard from the American Society for Testing and Materials, 100 Barr
Harbor Dr., West Conshohocken, PA 19428. Anyone may inspect copies at
the U.S. EPA, Air and Radiation Docket and Information Center, 1301
Constitution Ave., NW., Room B102, EPA West Building, Washington, DC
20460 or at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.
(ggg) #2D means the distillate fuel classification relating to ``No.
2-D'' diesel fuels as described in ASTM D 975-04.
(hhh)-(jjj) [Reserved]
(kkk) Nonroad diesel engine means an engine that is designed to
operate with diesel fuel that meets the definition of
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nonroad engine in 40 CFR 1068.30, including locomotive and marine diesel
engines.
(lll) Locomotive engine means an engine used in a locomotive as
defined under 40 CFR 92.2.
(mmm) Marine engine and Category 3 have the meanings given under 40
CFR 94.2.
(nnn) Nonroad, locomotive, or marine (NRLM) diesel fuel means any
diesel fuel or other distillate fuel that is used, intended for use, or
made available for use, as a fuel in any nonroad diesel engines,
including locomotive and marine diesel engines, except the following:
Distillate fuel with a T90 greater than 700 [deg]F that is used only in
Category 2 and 3 marine engines is not NRLM diesel fuel. Use the
distillation test method specified in 40 CFR 1065.1010 to determine the
T90 of the fuel. NR diesel fuel and LM diesel fuel are subcategories of
NRLM diesel fuel.
(ooo) Nonroad (NR) diesel fuel means any NRLM diesel fuel that is
not ``locomotive or marine (LM) diesel fuel.''
(ppp) Locomotive or marine (LM) diesel fuel means any diesel fuel or
other distillate fuel that is used, intended for use, or made available
for use, as a fuel in locomotive or marine diesel engines, except for
the following fuels:
(1) Fuel that is also used, intended for use, or made available for
use in motor vehicle engines or nonroad engines other than locomotive
and marine diesel engines is not LM diesel fuel.
(2) Distillate fuel with a T90 greater than 700 [deg]F that is used
only in Category 2 and 3 marine engines is not LM diesel fuel. Use the
distillation test method specified in 40 CFR 1065.1010 to determine the
T90 of the fuel.
(qqq) MVNRLM diesel fuel means any diesel fuel or other distillate
fuel that meets the definition of motor vehicle (MV) or nonroad,
locomotive, or marine (NRLM) diesel fuel. Motor vehicle diesel fuel,
NRLM diesel fuel, NR diesel fuel, and LM diesel fuel are subcategories
of MVNRLM diesel fuel.
(rrr) Solvent yellow 124 means N-ethyl-N-[2-[1-(2-
methylpropoxy)ethoxyl]-4-phenylazo]-benzeneamine.
(sss) Non-petroleum diesel (NP diesel) means a diesel fuel that
contains at least 80 percent mono-alkyl esters of long chain fatty acids
derived from vegetable oils or animal fats.
(Sec. 211, (Sec. 223, Pub. L. 95-95, 91 Stat. 764, 42 U.S.C. 7545(g))
and sec. 301(a) 42 U.S.C. 7602(a), formerly 42 U.S.C. 1857g(a)) of the
Clean Air Act, as amended)
[38 FR 1255, Jan. 10, 1973]
Editorial Note: For Federal Register citations affecting Sec. 80.2,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and on GPO Access.