[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: 40CFR80.48]

[Page 678-683]
 
                   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. 80.48  Augmentation of the complex emission model
by vehicle testing.

    (a) The provisions of this section apply only if a fuel claims 
emission reduction benefits from fuel parameters that are not included 
in the complex emission model or complex emission model database, or if 
the values of fuel parameters included in the complex emission model set 
forth in Sec. 80.45 fall outside the range of values for which the 
complex emission model is deemed valid.
    (b) To augment the complex emission model described at Sec. 80.45, 
the following requirements apply:
    (1) The petitioner must obtain prior approval from the Administrator 
for the design of the test program before beginning the vehicle testing 
process. To obtain approval, the petitioner must at minimum provide the 
following information: the fuel parameter to be evaluated for emission 
effects; the number and description of vehicles to be used in the test 
fleet, including model year, model name, vehicle identification number 
(VIN), mileage, emission performance (exhaust THC emission level), 
technology type, and manufacturer; a description of the methods used to 
procure and prepare the vehicles; the properties of the fuels to be used 
in the testing program (as specified at Sec. 80.49); the pollutants and 
emission categories intended to be evaluated; the precautions used to 
ensure that the effects of the parameter in question are independent of 
the effects of other parameters already included in the model; a 
description of the quality assurance procedures to be used during

[[Page 679]]

the test program; the statistical analysis techniques to be used in 
analyzing the test data, and the identity and location of the 
organization performing the testing.
    (2) Exhaust emissions shall be measured per the requirements of this 
section and Sec. 80.49 through Sec. 80.62.
    (3) The nonexhaust emission model (including evaporative, running 
loss, and refueling VOC and toxics emissions) shall not be augmented by 
vehicle testing.
    (4) The Agency reserves the right to observe and monitor any testing 
that is performed pursuant to the requirements of this section.
    (5) The Agency reserves the right to evaluate the quality and 
suitability of data submitted pursuant to the requirements of this 
section and to reject, re-analyze, or otherwise evaluate such data as is 
technically warranted.
    (6) Upon a showing satisfactory to the Administrator, the 
Administrator may approve a petition to waive the requirements of this 
section and Sec. 80.49, Sec. 80.50(a), Sec. 80.60(d)(3), and Sec. 
80.60(d)(4) in order to better optimize the test program to the needs of 
the particular fuel parameter. Any such waiver petition should provide 
information justifying the requested waiver, including an acceptable 
rationale and supporting data. Petitioners must obtain approval from the 
Administrator prior to conducting testing for which the requirements in 
question are waived. The Administrator may waive the noted requirements 
in whole or in part, and may impose appropriate conditions on any such 
waiver.
    (c) In the case of petitions to augment the complex model defined at 
Sec. 80.45 with a new parameter, the effect of the parameter being 
tested shall be determined separately, for each pollutant and for each 
emitter class category. If the parameter is not included in the complex 
model but is represented in whole or in part by one or more parameters 
included in the model, the petitioner shall be required to demonstrate 
the emission effects of the parameter in question independent of the 
effects of the already-included parameters. The petitioner shall also 
have to demonstrate the effects of the already-included parameters 
independent of the effects of the parameter in question. The emission 
performance of each vehicle on the fuels specified at Sec. 80.49, as 
measured through vehicle testing in accordance with Sec. 80.50 through 
Sec. 80.62, shall be analyzed to determine the effects of the fuel 
parameter being tested on emissions according to the following 
procedure:
    (1) The analysis shall fit a regression model to the natural 
logarithm of emissions measured from addition fuels 1, 2, and 3 only (as 
specified at Sec. 80.49(a) and adjusted as per paragraph (c)(1)(iv) of 
this section and Sec. 80.49(d)) that includes the following terms:
    (i) A term for each vehicle that shall reflect the effect of the 
vehicle on emissions independent of fuel compositions. These terms shall 
be of the form DixVi, where Di is the 
coefficient for the term and Vi is a dummy variable which 
shall have the value 1.0 for the ith vehicle and the value 0 for all 
other vehicles.
    (ii) A linear term in the parameter being tested for each emitter 
class, of the form Aix(P1-P1 
(avg))xEi, where Ai is the coefficient for the 
term, P1 is the level of the parameter in question, 
P1 (avg) is the average level of the parameter in question 
for all seven test fuels specified at Sec. 80.49(a)(1), and 
Ei is a dummy variable representing emitter class, as defined 
at Sec. 80.62. For normal emitters, E1 = 1 and E2 
= 0. For higher emitters, E1 = 0 and E2 = 1.
    (iii) For the VOC and NOX models, a squared term in the 
parameter being tested for each emitter class, of the form 
Bix(P1-P1 (avg))\2\xEi, 
where Bi is the coefficient for the term and where 
P1 , P1 (avg), and Ei are as defined in 
paragraph (c)(1)(ii) of this section.
    (iv) To the extent that the properties of fuels 1, 2, and 3 which 
are incorporated in the complex model differ in value among the three 
fuels, the complex model shall be used to adjust the observed emissions 
from test vehicles on those fuels to compensate for those differences 
prior to fitting the regression model.
    (v) The Ai and Bi terms and coefficients 
developed by the regression described in this paragraph (c) shall be 
evaluated against the statistical criteria defined in paragraph (e) of 
this

[[Page 680]]

section. If both terms satisfy these criteria, then both terms shall be 
retained. If the Bi term satisfies these criteria and the 
Ai term does not, then both terms shall be retained. If the 
Bi term does not satisfy these criteria, then the 
Bi term shall be dropped from the regression model and the 
model shall be re-estimated. If, after dropping the Bi term 
and re-estimating the model, the Ai term does not satisfy 
these criteria, then both terms shall be dropped, all test data shall be 
reported to EPA, and the augmentation request shall be denied.
    (2) After completing the steps outlined in paragraph (c)(1) of this 
section, the analysis shall fit a regression model to a combined data 
set that includes vehicle testing results from all seven addition fuels 
specified at Sec. 80.49(a), the vehicle testing results used to develop 
the model specified at Sec. 80.45, and vehicle testing results used to 
support any prior augmentation requests which the Administrator deems 
necessary.
    (i) The analysis shall fit the regression models described in 
paragraphs (c)(2) (ii) through (v) of this section to the natural 
logarithm of measured emissions.
    (ii) All regressions shall include a term for each vehicle that 
shall reflect the effect of the vehicle on emissions independent of fuel 
compositions. These terms shall be of the form 
DixVi, where Di is the coefficient for 
the term and Vi is a dummy variable which shall have the 
value 1.0 for the ith vehicle and the value 0 for all other vehicles. 
Vehicles shall be represented by separate terms for each test program in 
which they were tested. The vehicle terms for the vehicles included in 
the test program undertaken by the petitioner shall be calculated based 
on the results from all seven fuels specified at Sec. 80.49(a). Note 
that the Di estimates for the petitioner's test vehicles in 
this regression are likely to differ from the Di estimates 
discussed in paragraph (c)(1)(i) of this section since they will be 
based on a different set of fuels.
    (iii) All regressions shall include existing complex model terms and 
their coefficients, including those augmentations that the Administrator 
deems necessary. All terms and coefficients shall be expressed in 
centered form. The Administrator shall make available upon request 
existing complex model terms and coefficients in centered form.
    (iv) All regressions shall include the linear and squared terms, and 
their coefficients, estimated in the final regression model described in 
paragraph (c)(1) of this section.
    (v) The VOC and NOX regressions shall include those 
interactive terms with other fuel parameters, of the form 
Ci(1, j)x(P1-P1 (avg))x(Pj-
Pj (avg))xEi, where Ci(1, j) is the 
coefficient for the term, P1 is the level of the parameter 
being added to the model, P1 (avg) is the average level of 
the parameter being added for all seven addition fuels specified at 
Sec. 80.49(a), Pj is the level of the other fuel parameter, 
Pj (avg) is the centering value for the other fuel parameter 
used to develop the complex model or used in the other parameter's 
augmentation study, and Ei is as defined in paragraph (c)(1) 
of this section, which are found to satisfy the statistical criteria 
defined in paragraph (e) of this section. Such terms shall be added to 
the regression model in a stepwise manner.
    (3) The model described in paragraphs (c) (1) and (2) of this 
section shall be developed separately for normal-emitting and higher-
emitting vehicles. Each emitter class shall be treated as a distinct 
population for the purposes of determining regression coefficients.
    (4) Once the augmented models described in paragraphs (c) (1) 
through (3) of this section have been developed, they shall be converted 
to an uncentered form through appropriate algebraic manipulation.
    (5) The augmented model described in paragraph (c)(4) of this 
section shall be used to determine the effects of the parameter in 
question at levels between the levels in Fuels 1 and 3, as defined at 
Sec. 80.49(a)(1), for all fuels which claim emission benefits from the 
parameter in question.
    (d)(1) In the case of petitions to augment the complex model defined 
at Sec. 80.45 by extending the range of an existing complex model 
parameter, the effect of the parameter being tested shall be determined 
separately, for each pollutant and for each technology

[[Page 681]]

group and emitter class category, at levels between the extension level 
and the nearest limit of the core of the data used to develop the 
unaugmented complex model as follows:

------------------------------------------------------------------------
                                                       Data core limits
                   Fuel parameter                    -------------------
                                                        Lower     Upper
------------------------------------------------------------------------
Sulfur, ppm.........................................      10       450
RVP, psi............................................       7        10
E200, vol %.........................................      33        66
E300, vol %.........................................      72        94
Aromatics, vol %....................................      18        46
Benzene, vol %......................................       0.4       1.8
Olefins, vol %......................................       1        19
Oxygen, wt %........................................
  As ethanol........................................       0         3.4
  All others:.......................................       0         2.7
------------------------------------------------------------------------

    (2) The emission performance of each vehicle on the fuels specified 
at Sec. 80.49(b)(2), as measured through vehicle testing in accordance 
with Sec. Sec. 80.50 through 80.62, shall be analyzed to determine the 
effects of the fuel parameter being tested on emissions according to the 
following procedure:
    (i) The analysis shall incorporate the vehicle testing data from the 
extension fuels specified at Sec. 80.49(b), the vehicle testing results 
used to develop the model specified at Sec. 80.45, and vehicle testing 
results used to support any prior augmentation requests which the 
Administrator deems necessary. A regression incorporating the following 
terms shall be fitted to the natural logarithm of emissions contained in 
this combined data set:
    (A) A term for each vehicle that shall reflect the effect of the 
vehicle on emissions independent of fuel compositions. These terms shall 
be of the form Di x Vi, where Di is the 
coefficient for the term and Vi is a dummy variable which 
shall have the value 1.0 for the ith vehicle and the value 0 for all 
other vehicles. Vehicles shall be represented by separate terms for each 
test program in which they were tested. The vehicle terms for the 
vehicles included in the test program undertaken by the petitioner shall 
be calculated based on the results from all three fuels specified at 
Sec. 80.49(b)(2).
    (B) Existing complex model terms that do not include the parameter 
being extended and their coefficients, including those augmentations 
that the Administrator deems necessary. The centering values for these 
terms shall be identical to the centering values used to develop the 
complex model described at Sec. 80.45.
    (C) Existing complex model terms that include the parameter being 
extended. The coefficients for these terms shall be estimated by the 
regression. The centering values for these terms shall be identical to 
the centering values used to develop the complex model described at 
Sec. 80.45.
    (D) If the unaugmented VOC or NOX complex models do not 
contain a squared term for the parameter being extended, such a term 
should be added in a stepwise fashion after completing the model 
described in paragraphs (d)(2)(i)(A) through (C) of this section. The 
coefficient for this term shall be estimated by the regression. The 
centering value for this term shall be identical to the centering value 
used to develop the complex model described at Sec. 80.45.
    (E) The terms defined in paragraphs (d)(2)(i)(C) and (D) of this 
section shall be evaluated against the statistical criteria defined in 
paragraph (e) of this section.
    (ii) The model described in paragraph (d)(2)(i) of this section 
shall be developed separately for normal-emitting and higher-emitting 
vehicles, as defined at Sec. 80.62. Each emitter class shall be treated 
as a distinct population for the purposes of determining regression 
coefficients.
    (e) Statistical criteria. (1) The petitioner shall be required to 
submit evidence with the petition which demonstrates the statistical 
validity of the regression described in paragraph (c) or (d) of this 
section, including at minimum:
    (i) Evidence demonstrating that colinearity problems are not severe, 
including but not limited to variance inflation statistics of less than 
10 for the second-order and interactive terms included in the regression 
model.
    (ii) Evidence demonstrating that the regression residuals are 
normally distributed, including but not limited to the skewness and 
Kurtosis statistics for the residuals.
    (iii) Evidence demonstrating that overfitting and underfitting risks 
have been balanced, including but not limited to the use of Mallow's 
Cp criterion.

[[Page 682]]

    (2) The petitioner shall be required to submit evidence with the 
petition which demonstrates that the appropriate terms have been 
included in the regression, including at minimum:
    (i) Descriptions of the analysis methods used to develop the 
regressions, including any computer code used to analyze emissions data 
and the results of regression runs used to develop the proposed 
augmentation, including intermediate regressions produced during the 
stepwise regression process.
    (ii) Evidence demonstrating that the significance level used to 
include terms in the model was equal to 0.90.
    (f) The complex emission model shall be augmented with the results 
of vehicle testing as follows:
    (1) The terms and coefficients determined in paragraph (c) or (d) of 
this section shall be used to supplement the complex emission model 
equation for the corresponding pollutant and emitter category. These 
terms and coefficients shall be weighted to reflect the contribution of 
the emitter category to in-use emissions as shown at Sec. 80.45.
    (2) If the candidate parameter is not included in the unaugmented 
complex model and is not represented in whole or in part by one or more 
parameters included in the model, the modification shall be accomplished 
by adding the terms and coefficients to the complex model equation for 
that pollutant, technology group, and emitter category.
    (3) If the parameter is included in the complex model but is being 
tested at levels beyond the current range of the model, the terms and 
coefficients determined in paragraph (d) of this section shall be used 
to supplement the complex emission model equation for the corresponding 
pollutant.
    (i) The terms and coefficients of the complex model described at 
Sec. 80.45 shall be used to evaluate the emissions performance of fuels 
with levels of the parameter being tested that are within the valid 
range of the model, as defined at Sec. 80.45.
    (ii) The emissions performance of fuels with levels of the parameter 
that are beyond the valid range of the unaugmented model shall be given 
in percentage change terms by 100 - [(100 + A) x (100 + C) / (100 + B)], 
where:
    (A) ``A'' shall be set equal to the percentage change in emissions 
for a fuel with identical fuel property values to the fuel being 
evaluated except for the parameter being extended, which shall be set 
equal to the nearest limit of the data core, using the unaugmented 
complex model.
    (B) ``B'' shall be set equal to the percentage change in emissions 
for the fuel described in paragraph (f)(3)(i) of this section according 
to the augmented complex model.
    (C) ``C'' shall be set equal to the percentage change in emissions 
of the actual fuel being evaluated using the augmented complex model.
    (g) EPA reserves the right to analyze the data generated during 
vehicle testing, to use such analyses to determine the validity of other 
augmentation petitions, and to use such data to update the complex model 
for use in certifying all reformulated gasolines.
    (h) Duration of acceptance of emission effects determined through 
vehicle testing:
    (1) If the Agency does not accept, modify, or reject a particular 
augmentation for inclusion in an updated complex model (performed 
through rulemaking), then the augmentation shall remain in effect until 
the next update to the complex model takes effect.
    (2) If the Agency does reject or modify a particular augmentation 
for inclusion in an updated complex model, then the augmentation shall 
no longer be able to be used as of the date the updated complex model is 
deemed to take effect, unless the following conditions and limitations 
apply:
    (i) The augmentation in question may continue to be used by those 
fuel suppliers which can prove, to the Administrator's satisfaction, 
that the fuel supplier had already begun producing a fuel utilizing the 
augmentation at the time the revised model is promulgated.
    (ii) The augmentation in question may only be used to evaluate the 
emissions performance of fuels in conjunction with the complex emission 
model in effect as of the date of production of the fuels.
    (iii) The augmentation may only be used for three years of fuel 
production, or a total of five years from the date

[[Page 683]]

the augmentation first took effect, whichever is shorter.
    (3) The Administrator shall determine when sufficient new 
information on the effects of fuel properties on vehicle emissions has 
been obtained to warrant development of an updated complex model.

[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36962, July 20, 1994]