[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: 40CFR80.40]

[Page 655-656]
 
                   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. 80.40  Fuel certification procedures.

    Source: 59 FR 7813, Feb. 16, 1994, unless otherwise noted.


    (a) Gasoline that complies with one of the standards specified in 
Sec. 80.41 (a) through (f) that is relevant for the gasoline, and that 
meets all other relevant requirements prescribed under Sec. 80.41, 
shall be deemed certified.
    (b) Any refiner or importer may, with regard to a specific fuel 
formulation,

[[Page 656]]

request from the Administrator a certification that the formulation 
meets one of the standards specified in Sec. 80.41 (a) through (f).
    (c)(1) ``Adjusted VOC gasoline'' for purposes of the general 
requirements in Sec. 80.65(d)(2)(ii), and the certification procedures 
in this section is gasoline that contains 10 volume percent ethanol, or 
RBOB intended for blending with 10 volume percent ethanol, that is 
intended for use in the areas described at Sec. 80.70(f) and (i), and 
is designated by the refiner as adjusted VOC gasoline subject to less 
stringent VOC standards in Sec. 80.41(e) and (f). In order for 
``adjusted VOC gasoline'' to qualify for the regulatory treatment 
specified in Sec. 80.41(e) and (f), reformulated gasoline must contain 
denatured, anhydrous ethanol. The concentration of the ethanol, 
excluding the required denaturing agent, must be at least 9% and no more 
than 10% (by volume) of the gasoline. The ethanol content of the 
gasoline shall be determined by use of one of the testing methodologies 
specified in Sec. 80.46(g).
    (2) Refiners may choose not to designate as adjusted VOC gasoline or 
RBOB that otherwise meets the requirements of paragraph (c)(1) of this 
section, in which case the more stringent VOC standards in Sec. 80.41 
apply.
    (3) For purposes of Sec. 80.78(a)(1)(v), the ``Adjusted VOC 
gasoline'' standards under Sec. 80.41 are the applicable VOC emissions 
performance standards only for adjusted VOC gasoline that is intended 
for use in or sold for use by an ultimate consumer in the covered areas 
described at Sec. 80.70(f) and (i). For purposes of Sec. 
80.78(a)(1)(v), gasoline designated as adjusted VOC gasoline that is 
intended for use or that is sold for use by an ultimate consumer in any 
covered area in VOC-Control Region 2 other than those described at Sec. 
80.70(f) and (i), is subject to the VOC performance standards in Sec. 
80.41 applicable to all other gasoline designated for VOC-Control Region 
2.

[59 FR 7813, Feb. 16, 1994, as amended at 66 FR 37164, July 17, 2001; 67 
FR 8736, Feb. 26, 2002]