[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: 40CFR80.65]
[Page 691-696]
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. 80.65 General requirements for refiners and importers.
(a) Date requirements begin. The requirements of this subpart D
apply to all gasoline produced, imported, transported, stored, sold, or
dispensed:
(1) At any location other than retail outlets and wholesale
purchaser-consumer facilities on or after December 1, 1994; and
(2) At any location on or after January 1, 1995.
(b) Certification of gasoline and RBOB. Gasoline or RBOB sold or
dispensed in a covered area must be certified under Sec. 80.40.
(c) Standards must be met on either a per-gallon or on an average
basis. (1) Any refiner or importer, for each batch of reformulated
gasoline or RBOB it produces or imports, shall meet:
(i) Those standards and requirements it designated under paragraph
(d) of this section for per-gallon compliance on a per-gallon basis; and
(ii) Those standards and requirements it designated under paragraph
(d) of this section for average compliance on an average basis over the
applicable averaging period.
(2) [Reserved]
(3)(i) For each averaging period, and separately for each parameter
that may be met either per-gallon or on average, any refiner shall
designate for each refinery, or any importer shall designate its
gasoline or RBOB as being subject to the standard applicable to that
parameter on either a per-gallon or average basis. For any specific
averaging period and parameter all batches of gasoline or RBOB shall be
designated as being subject to the per-gallon standard, or all batches
of gasoline and RBOB shall be designated as being subject to the average
standard. For any specific averaging period and parameter a refiner for
a refinery, or any importer may not designate certain batches as being
subject to the per-gallon standard and others as being subject to the
average standard.
(ii) In the event any refiner for a refinery, or any importer fails
to meet the requirements of paragraph (c)(3)(i) of this section and for
a specific averaging period and parameter designates certain batches as
being subject to the per-gallon standard and others as being subject to
the average, all batches produced or imported during the averaging
period that were designated as being subject to the average standard
shall, ab initio, be redesignated as being subject to the per-gallon
standard. This redesignation shall apply regardless of whether the
batches in question met or failed to meet the per-gallon standard for
the parameter in question.
(d) Designation of gasoline. Any refiner or importer of gasoline
shall designate the gasoline it produces or imports as follows:
(1) All gasoline produced or imported shall be properly designated
as either reformulated or conventional gasoline, or as RBOB.
(2) All gasoline designated as reformulated or as RBOB shall be
further properly designated as:
(i) Either VOC-controlled or not VOC-controlled;
(ii) In the case of gasoline or RBOB designated as VOC-controlled:
(A) Either intended for use in VOC-Control Region 1 or VOC-Control
Region 2 (as defined in Sec. 80.71); or
(B) Designated as ``adjusted VOC gasoline'' (as defined in Sec.
80.40(c)(1));
(iii) [Reserved]
(iv) For gasoline or RBOB produced, imported, sold, dispensed or
used during the period January 1, 1995 through December 31, 1997, either
as being subject to the simple model standards, or to the complex model
standards;
(v) For each of the following parameters, either gasoline or RBOB
which meets the standard applicable to that parameter on a per-gallon
basis or on average:
(A) Toxics emissions performance;
(B) NOX emissions performance in the case of gasoline
certified using the complex model.
(C) Benzene content;
(D) [Reserved]
(E) In the case of VOC-controlled gasoline or RBOB certified using
the simple model, RVP; and
[[Page 692]]
(F) In the case of VOC-controlled gasoline or RBOB certified using
the complex model, VOC emissions performance; and
(vi) In the case of RBOB, the gasoline must be designated as RBOB
and the designation must include the type(s) and amount(s) of oxygenate
required to be blended with the RBOB.
(3) Every batch of reformulated or conventional gasoline or RBOB
produced or imported at each refinery or import facility shall be
assigned a number (the ``batch number''), consisting of the EPA-assigned
refiner or importer registration number, the EPA facility registration
number, the last two digits of the year in which the batch was produced,
and a unique number for the batch, beginning with the number one for the
first batch produced or imported each calendar year and each subsequent
batch during the calendar year being assigned the next sequential number
(e.g., 4321-54321-95-000001, 4321-543321-95-000002, etc.)
(e) Determination of volume and properties. (1) Each refiner or
importer shall for each batch of reformulated gasoline or RBOB produced
or imported determine the volume and the value of each of the properties
specified in paragraph (e)(2)(i) of this section, except that the value
for RVP must be determined only in the case of reformulated gasoline or
RBOB that is VOC-controlled. These determinations shall:
(i) Be based on a representative sample of the reformulated gasoline
or RBOB that is analyzed using the methodologies specified in Sec.
80.46;
(ii) In the case of RBOB, follow the oxygenate blending instructions
specified in Sec. 80.69(a);
(iii) Be carried out either by the refiner or importer, or by an
independent laboratory; and
(iv) Be completed prior to the gasoline or RBOB leaving the refinery
or import facility for each parameter that the gasoline or RBOB is
subject to, or that is used to calculate an emissions performance that
the gasoline or RBOB is subject to, under Sec. 80.41(a) through (f).
(2) In the event that the values of any of these properties is
determined by the refiner or importer and by an independent laboratory
in conformance with the requirements of paragraph (f) of this section:
(i) The results of the analyses conducted by the refiner or importer
for such properties shall be used as the basis for compliance
determinations unless the absolute value of the differences of the test
results from the two laboratories is larger than the following values:
------------------------------------------------------------------------
Fuel property Range
------------------------------------------------------------------------
Sulfur content........................... 25 ppm
Aromatics content........................ 2.7 vol %
Olefins content.......................... 2.5 vol %
Benzene content.......................... 0.21 vol %
Ethanol content.......................... 0.4 vol %
Methanol content......................... 0.2 vol %
MTBE (and other methyl ethers) content... 0.6 vol %
ETBE (and other ethyl ethers) content.... 0.6 vol %
TAME..................................... 0.6 vol %
t-Butanol content........................ 0.6 vol %
RVP...................................... 0.3 psi
50% distillation (T50)................... 5 [deg]F
90% distillation (T90)................... 5 [deg]F
E200..................................... 2.5 vol %
E300..................................... 3.5 vol %
API Gravity.............................. 0.3 [deg]API
------------------------------------------------------------------------
(ii) In the event the values from the two laboratories for any
property fall outside these ranges, the refiner or importer shall use as
the basis for compliance determinations:
(A) The larger of the two values for the property, except the
smaller of the two results shall be used for oxygenates; or
(B) The refiner or importer shall have the gasoline analyzed for the
property at one additional independent laboratory. If this second
independent laboratory obtains a result for the property that is within
the range, as listed in paragraph (e)(2)(i) of this section, of the
refiner's or importer's result for this property, then the refiner's or
importer's result shall be used as the basis for compliance
determinations.
(f) Independent analysis requirement. (1) Any refiner or importer of
reformulated gasoline or RBOB shall carry out a program of independent
sample collection and analyses for the reformulated gasoline it produces
or imports, which meets the requirements of one of the following two
options:
(i) Option 1. The refiner or importer shall, for each batch of
reformulated gasoline or RBOB that is produced or imported, have the
value for each property specified in paragraph (e)(2)(i) of
[[Page 693]]
this section determined by an independent laboratory that collects and
analyzes a representative sample from the batch using the methodologies
specified in Sec. 80.46.
(ii) Option 2. The refiner or importer shall have a periodic
independent testing program carried out for all reformulated gasoline
produced or imported, which shall consist of the following:
(A) An independent laboratory shall collect a representative sample
from each batch of reformulated gasoline that the refiner or importer
produces or imports;
(B) EPA will identify up to ten percent of the total number of
samples collected under paragraph (f)(1)(ii)(A) of this section; and
(C) The designated independent laboratory shall, for each sample
identified by EPA under paragraph (f)(1)(ii)(B) of this section,
determine the value for each property using the methodologies specified
in Sec. 80.46.
(2)(i) Any refiner or importer shall designate one independent
laboratory for each refinery or import facility at which reformulated
gasoline or RBOB is produced or imported. This independent laboratory
will collect samples and perform analyses in compliance with the
requirements of this paragraph (f) of this section.
(ii) Any refiner or importer shall identify this designated
independent laboratory to EPA under the registration requirements of
Sec. 80.76.
(iii) In order to be considered independent:
(A) The laboratory shall not be operated by any refiner or importer,
and shall not be operated by any subsidiary or employee of any refiner
or importer;
(B) The laboratory shall be free from any interest in any refiner or
importer; and
(C) The refiner or importer shall be free from any interest in the
laboratory; however
(D) Notwithstanding the restrictions in paragraphs (f)(2)(iii) (A)
through (C) of this section, a laboratory shall be considered
independent if it is owned or operated by a gasoline pipeline company,
regardless of ownership or operation of the gasoline pipeline company by
refiners or importers, provided that such pipeline company is owned and
operated by four or more refiners or importers.
(iv) Use of a laboratory that is debarred, suspended, or proposed
for debarment pursuant to the Governmentwide Debarment and Suspension
regulations, 2 CFR part 1532, or the Debarment, Suspension and
Ineligibility provisions of the Federal Acquisition Regulations, 48 CFR
part 9, subpart 9.4, shall be deemed noncompliance with the requirements
of this paragraph (f).
(v) Any laboratory that fails to comply with the requirements of
this paragraph (f) shall be subject to debarment or suspension under
Governmentwide Debarment and Suspension regulations, 2 CFR part 1532, or
the Debarment, Suspension and Ineligibility regulations, Federal
Acquisition Regulations, 48 CFR part 9, subpart 9.4.
(3) Any refiner or importer shall, for all samples collected or
analyzed pursuant to the requirements of this paragraph (f), cause its
designated independent laboratory:
(i) At the time the designated independent laboratory collects a
representative sample from a batch of reformulated gasoline, to:
(A) Obtain the refiner's or importer's assigned batch number for the
batch being sampled;
(B) Determine the volume of the batch;
(C) Determine the identification number of the gasoline storage tank
or tanks in which the batch was stored at the time the sample was
collected;
(D) Determine the date and time the batch became finished
reformulated gasoline, and the date and time the sample was collected;
(E) Determine the grade of the batch (e.g., premium, mid-grade, or
regular); and
(F) In the case of reformulated gasoline produced through computer-
controlled in-line blending, determine the date and time the blending
process began and the date and time the blending process ended, unless
exempt under paragraph (f)(4) of this section;
(ii) To retain each sample collected pursuant to the requirements of
this paragraph (f) for a period of 30 days, except that this period
shall be extended
[[Page 694]]
to a period of up to 180 days upon request by EPA;
(iii) To submit to EPA periodic reports, as follows:
(A) A report for the period January through March shall be submitted
by May 31; a report for the period April through June shall be submitted
by August 31; a report for the period July through September shall be
submitted by November 30; and a report for the period October through
December shall be submitted by February 28;
(B) Each report shall include, for each sample of reformulated
gasoline that was analyzed pursuant to the requirements of this
paragraph (f):
(1) The results of the independent laboratory's analyses for each
property; and
(2) The information specified in paragraph (f)(3)(i) of this section
for such sample; and
(iv) To supply to EPA, upon EPA's request, any sample collected or a
portion of any such sample.
(4) Any refiner that produces reformulated gasoline using computer-
controlled in-line blending equipment is exempt from the independent
sampling and testing requirements specified in paragraphs (f)(1) through
(3) of this section and from the requirement of paragraph (e)(1) of this
section to obtain test results for each batch prior to the gasoline
leaving the refinery, provided that such refiner:
(i) Obtains from EPA an exemption from these requirements. In order
to seek such an exemption, the refiner shall submit a petition to EPA,
such petition to include:
(A) A description of the refiner's computer-controlled in-line
blending operation, including a description of:
(1) The location of the operation;
(2) The length of time the refiner has used the operation;
(3) The volumes of gasoline produced using the operation since the
refiner began the operation or during the previous three years,
whichever is shorter, by grade;
(4) The movement of the gasoline produced using the operation to the
point of fungible mixing, including any points where all or portions of
the gasoline produced is accumulated in gasoline storage tanks;
(5) The physical lay-out of the operation;
(6) The automated control system, including the method of monitoring
and controlling blend properties and proportions;
(7) Any sampling and analysis of gasoline that is conducted as a
part of the operation, including on-line, off-line, and composite, and a
description of the methods of sampling, the methods of analysis, the
parameters analyzed and the frequency of such analyses, and any written,
printed, or computer-stored results of such analyses, including
information on the retention of such results;
(8) Any sampling and analysis of gasoline produced by the operation
that occurs downstream from the blending operation prior to fungible
mixing of the gasoline, including any such sampling and analysis by the
refiner and by any purchaser, pipeline or other carrier, or by
independent laboratories;
(9) Any quality assurance procedures that are carried out over the
operation; and
(10) Any occasion(s) during the previous three years when the
refiner adjusted any physical or chemical property of any gasoline
produced using the operation downstream from the operation, including
the nature of the adjustment and the reason the gasoline had properties
that required adjustment; and
(B) A description of the independent audit program of the refiner's
computer-controlled in-line blending operation that the refiner proposes
will satisfy the requirements of this paragraph (f)(4); and
(ii) Carries out an independent audit program of the refiner's
computer-controlled in-line blending operation, such program to include:
(A) For each batch of reformulated gasoline produced using the
operation, a review of the documents generated that is sufficient to
determine the properties and volume of the gasoline produced;
(B) Audits that occur no less frequently than annually;
(C) Reports of the results of such audits submitted to the refiner,
and to EPA by the auditor no later than February 28 of each year;
[[Page 695]]
(D) Audits that are conducted by an auditor that meets the non-
debarred criteria specified in Sec. 80.125 (a) and/or (d); and
(iii) Complies with any other requirements that EPA includes as part
of the exemption.
(g) [Reserved]
(h) Compliance audits. Any refiner and importer of any reformulated
gasoline or RBOB shall have the reformulated gasoline and RBOB it
produced or imported during each calendar year audited for compliance
with the requirements of this subpart D, in accordance with the
requirements of subpart F, at the conclusion of each calendar year.
(i) Exclusion of previously certified gasoline. Any refiner who uses
previously certified reformulated or conventional gasoline or RBOB to
produce reformulated gasoline or RBOB must exclude the previously
certified gasoline for purposes of demonstrating compliance with the
standards under Sec. 80.41. This exclusion must be accomplished by the
refiner as follows:
(1)(i) Determine the volume and properties of each batch of
previously certified gasoline used to produce reformulated gasoline or
RBOB using the procedures in paragraph (e)(1) of this section and Sec.
80.66, and the independent analysis requirements in paragraph (f) of
this section in the case of previously certified reformulated gasoline.
(ii) In the case of previously certified reformulated gasoline or
RBOB determine the emissions performances for toxics and NOX,
and VOC for VOC-controlled gasoline, and the designations for VOC
control.
(iii) In the case of previously certified conventional gasoline
determine the exhaust toxics and NOX emissions performances.
(2) Determine the volume and properties, and the emissions
performance for toxics and NOX, and VOC for VOC-controlled
gasoline, of any batch of reformulated gasoline or RBOB produced at the
refinery using previously certified gasoline and include each batch in
the refinery's compliance calculations without regard to the presence of
previously certified gasoline in the batch.
(3) In the case of any parameter or emissions performance standard
that the refiner has designated for the refinery to meet on a per-gallon
basis under paragraph (d)(2)(v) of this section, the per-gallon standard
that applies to any batch of reformulated gasoline or RBOB produced by
the refinery is as follows:
(i) When using any previously certified reformulated gasoline or
RBOB, the more stringent of:
(A) The per-gallon standard that applies to the refinery under Sec.
80.41; or
(B) The most stringent value for that parameter or emissions
performance for any previously certified reformulated gasoline or RBOB
used to produce the batch.
(ii) When using any previously certified conventional gasoline, the
per-gallon standard that applies to the refinery under Sec. 80.41.
(4) In the case of any parameter or emissions performance standard
that the refiner has designated for the refinery to meet on average
under paragraph (d)(2)(v) of this section, any previously certified
gasoline must be excluded from the refinery's compliance calculations as
follows:
(i) Where a refiner uses previously certified reformulated gasoline
or RBOB to produce reformulated gasoline or RBOB:
(A) The refiner must include the volume and properties of any batch
of previously certified reformulated gasoline or RBOB in the refinery's
compliance calculations for the standard under Sec. 80.67(g) as a
negative batch, by multiplying the term Vi in Sec.
80.67(g)(1)(ii) (i.e., the batch volume) times negative 1; and
(B) The negative batch under paragraph (i)(4)(i)(A) of this section
must be included in the averaging categories that correspond to the
designation regarding VOC control of the previously certified gasoline
batch when received; and
(C) The net volume of gasoline in the refinery's reformulated
gasoline compliance calculations must be positive in each of the
following categories where the standard is being met on average:
------------------------------------------------------------------------
Gasoline category that must
Standard have net positive volume
------------------------------------------------------------------------
(1) Oxygen................................ All RFG \1\.
(2) Benzene............................... All RFG and RBOB.
[[Page 696]]
(3) VOC emissions performance............. (i)RFG and RBOB that is VOC-
controlled for Region 1.
(ii) RFG and RBOB that is
VOC-controlled for Region
2.
(4) Toxics emissions performance.......... All RFG and RBOB.
(5) NOX emissions performance............. (i) All RFG and RBOB.
(ii) RFG and RBOB that is
VOC-controlled.
------------------------------------------------------------------------
\1\ ``RFG'' is an abbreviation for reformulated gasoline.
(ii) Where a refiner uses previously certified conventional gasoline
to produce reformulated gasoline or RBOB:
(A) The refiner must include the volume and properties of any batch
of previously certified conventional gasoline as a negative batch in the
refiner's anti-dumping compliance calculations under Sec. 80.101(g) for
the refinery, or where applicable, the refiner's aggregation under Sec.
80.101(h); and
(B) The net volume of gasoline in the refiner's anti-dumping
compliance calculations for the refinery, or, where applicable, the
refiner's aggregation under Sec. 80.101(h), must be positive.
(5) The refiner must use any previously certified gasoline that the
refiner includes as a negative batch under paragraph (i)(4) of this
section in its compliance calculations for the refinery, or where
appropriate, the refiner's aggregation, as a component in gasoline
production during the annual averaging period in which the previously
certified gasoline was included as a negative batch in the refiner's
compliance calculations.
(6) (i) Any refiner may use the procedures specified in this
paragraph (i) to combine previously certified conventional gasoline with
reformulated gasoline or RBOB, to reclassify conventional gasoline into
reformulated gasoline or RBOB, or to change the designations of
reformulated gasoline or RBOB with regard to VOC control.
(ii) The procedures under this section are refinery procedures. Any
person who uses the procedures under this section is a refiner who must
meet all requirements applicable to refiners under this subpart.
(7) Nothing in this paragraph (i) prevents any party from combining
previously certified reformulated gasolines from different sources in a
manner that does not violate the prohibitions in Sec. 80.78(a).
[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36962, July 20, 1994; 59
FR 39289, Aug. 2, 1994; 59 FR 60715, Nov. 28, 1994; 62 FR 60135, Nov. 6,
1997; 66 FR 37165, July 17, 2001; 66 FR 67105, Dec. 28, 2001; 67 FR
8737, Feb. 26, 2002; 71 FR 74567, Dec. 15, 2005; 71 FR 26698, May 8,
2006; 72 FR 2427, Jan. 19, 2007]