** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments
November 25, 2014

Page 1 of 26 PART 80

— REGULATION OF FUELS AND FUEL ADDITIVES

1. The authority citation for part 8 0 continues to read as follows: Authority: 42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a).

Subpart A

— [Amended]

2. Section 80.2 is amended as follows:

a. By revising paragraph ( ttt).

b. By removing and reserving paragraph (cccc). § 80.2 Definitions.

* * * * * (ttt) ECA marine fuel is diesel, distillate, or residual fuel that meets the criteria of paragraph (ttt)(1) of this section, but not the criteria of paragraph (ttt)(2) of th is section. (1) All diesel, distillate, or residual fuel used, intended for use, or made available for use in Category 3 marine vessels while the vessels are operating within an Emission Control Area (ECA) , or an ECA associated area, is ECA marine fuel, un less it meets the criteria of paragraph (ttt)(2) of this section. (2) ECA marine fuel does not include any of the following fuel: (i) Fuel used by excluded vessels, or fuel used by vessels that is allowed by 40 CFR part

1043 the U.S. government pursuant to MARPOL Annex VI Regulation 3 or Regulation 4

to exceed the fuel sulfur limits operation while operating in an ECA or an ECA

associated area ( such as fuel used by excluded vessels or vessels equipped with e quivalent

emission controls in conformance with 40 CFR 1043.55 (see 33 U.S.C. 1903 ). (ii) Fuel that conforms fully to the requirements of this part for NRLM diesel fuel (including being designated as NRLM). (iii) Fuel used, or made available for use, in any diesel engines not installed on a Category 3

mar ine vessel.

* * * * * (cccc) [Reserved] Natural gas means a mixture of hydrocarbon gases that occurs with petroleum deposits, principally methane together with varying quantities of ethane, propane, butane, and other gases.

* * * * *

3. Section 80.8 is amended by revising paragraph (e)(1) to read as follows: § 80.8 Sampling methods for gasoline, diesel fuel, fuel additives, and renewable fuels.

* * * * * (e) * * * (1) ASTM International material. The following standards are available from ASTM

Internati onal, 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428

- 2959, (877)

909

- ASTM, or http://www.astm.org : (i) ASTM D4057

- 12, Standard Practice for Manual Sampling of Petroleum and Petroleum Products, approved December 1, 2012 (“ASTM D4057”). (ii) ASTM D4177

- 95 (Reapproved 2010), Standard Practice for Automatic Sampling of Petroleum and Petroleum Products, approved May 1, 2010 (“ASTM D4177”).** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments
November 25, 2014

Page 2 of 26 (iii) ASTM D5842

- 14, Standard Practice for Sampling and Handling of Fuels for Volatility
Measurement, approved January 15, 2014 (“ASTM D5842”). (iv) ASTM D5854

- 96 (Reapproved 2010), Standard Practice for Mixing and Handling of Liquid Samples of Petroleum and Petroleum Products, approved May 1, 2010 (“ASTM D5854”). (iii)

ASTM D5842

- 04 (Reapproved 2009), Sta ndard Practice for Sampling and Handling of Fuels for Volatility Measurement, approved July 1, 2009

. * * * * *

Subpart D

-- [Amended]

4. Section 80.46 is amended as follows:

a. B y revising paragraph (b)(1).

b. By revising paragraph (c)(2) introductory text.

c. By revising paragraph (d)

. d. By revising paragraph (e).

e. By revising paragraph (f)(1).

f. By revising paragraph (g)(1).

g. By revising paragraph (h)(1). § 80.46 Measurement of reformulated gasoline and conventional gasoline fuel parameters.

* * * * * (b) * * * (1) Through December 31, 2015, olefin content must be determined using ASTM D1319. Beginning January 1, 2016, the olefin content of gasoline must may be determined by a test method approved under §80.47.

* * * * * (c) * * * (2) Beginning Janua ry 1, 2016, RVP may must be determined by a test method approved under §80.47, except as provided in paragraph (c)(2)(i) of this section.

* * * * * (d) Distillation. Through December 31, 2015, distillation parameters must be determined using ASTM D86. Beginning January 1, 2016, the distillation parameters may must be determined by a test method approved under § 80.47. (Note: The precision estimates for reproducibil ity in ASTM D86

- 12 do not apply ; see §80.47(h).) (e) Benzene. Through December 31, 2015, benzene content must be determined using ASTM D3606, except that instrument parameters shall be adjusted to ensure complete resolution of the benzene, ethanol and met hanol peaks because ethanol and methanol may cause interference with ASTM D3606 when present. Beginning January 1, 2016, the benzene content may must be determined by a test method approved under §80.47. (f)(1) Through December 31, 2015, aromatic content must be determined using ASTM D5769, except the sample chilling requirements in section 8 of this standard method are optional. Beginning January 1, 2016, the aromatic content may must be determined by a test method approved under §80.47.

* * * * * (g) * * *** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments
November 25, 2014

Page 3 of 26 (1) Through December 31, 2015, oxygen and oxygenate content must be determined using ASTM D5599. Beginning January 1, 2016, oxygen and oxygenate content may must be determined by a test method approved under §80.47.

* * * * *

(h) * * * (1) ASTM International material. The following standards are available from ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428

- 2959, (877)

909

- ASTM, or http://www.astm.org : (i) ASTM D86

- 1 2, Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure, approved December 1, 2012 (“ASTM D86”)

. (ii) ASTM D1319

- 13, Standard Test Method for Hydrocarbon Types in Liquid Petroleum Products by Fluorescent Indicator Adsorption, approved May 1, 2013 (“ASTM D1319”)

. (iii) ASTM D2622

- 10, Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X

- ray Fluorescence Spectrometry, approved February 15, 2010 (“ASTM D2622”)

. (iv) ASTM D3120

- 08, Standard Test Method f or Trace Quantities of Sulfur in Light Liquid Petroleum Hydrocarbons by Oxidative Microcoulometry, approved December 15, 2008 (“ASTM D3120”)

. (v) ASTM D3246

- 11, Standard Test Method for Sulfur in Petroleum Gas by Oxidative Microcoulometry, approved June 1, 2011 (“ASTM D3246”)

. (vi) ASTM D3606

- 10, Standard Test Method for Determination of Benzene and Toluene in Finished Motor and Aviation Gasoline by Gas Chromatography, approved October 1, 2010 (“ASTM D3606”)

. (vii) ASTM D4468

- 85 (Reapproved 2011), Standard Test Method for Total Sulfur in Gaseous Fuels by Hydrogenolysis and Rateometric Colorimetry, approved November 1, 2011 (“ASTM D4468”)

. (viii) ASTM D4815

- 13, Standard Test Method for Determination of MTBE, ETBE, TAME, DIPE, tertiary

- Amyl Alcohol and C1 to C 4 Alcohols in Gasoline by Gas Chromatography, approved October 1, 2013 (“ASTM D4815”)

. (ix) ASTM D5191

- 13, Standard Test Method for Vapor Pressure of Petroleum Products (Mini Method), approved December 1, 2013 (“ASTM D5191”)

. (x) ASTM D5453

- 12, Standard Te st Method for Determination of Total Sulfur in Light Hydrocarbons, Spark Ignition Engine Fuel, Diesel Engine Fuel, and Engine Oil by Ultraviolet Fluorescence, approved November 1, 2012 (“ASTM D5453”)

. (xi) ASTM D5599

- 00 (Reapproved 2010), Standard Test Met hod for Determination of Oxygenates in Gasoline by Gas Chromatography and Oxygen Selective Flame Ionization Detection, approved October 1, 2010 (“ASTM D5599”)

. (xii) ASTM D5769

- 10, Standard Test Method for Determination of Benzene, Toluene, and Total

Aroma tics in Finished Gasolines by Gas Chromatography/Mass Spectrometry, approved May 1,

2010 (“ASTM D5769”)

. (xiii) ASTM D6550

- 10, Standard Test Method for Determination of Olefin Content of Gasolines by Supercritical

- Fluid Chromatography, approved October 1, 2010 (“ASTM D6550”)

. (xiv) ASTM D6667

- 10, Standard Test Method for Determination of Total Volatile Sulfur in Gaseous Hydrocarbons and Liquefied Petroleum Gases by Ultraviolet Fluorescence, approved October 1, 2010 (“ASTM D6667”)

.** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments
November 25, 2014

Page 4 of 26 (xv) ASTM D6920

- 13, Standa rd Test Method for Total Sulfur in Naphthas, Distillates, Reformulated Gasolines, Diesels, Biodiesels, and Motor Fuels by Oxidative Combustion and Electrochemical Detection, approved September 15, 2013 (“ASTM D6920”)

. (xvi) ASTM D7039

- 13, Standard Test Met hod for Sulfur in Gasoline, Diesel Fuel, Jet Fuel, Kerosine, Biodiesel, Biodiesel Blends, and Gasoline

- Ethanol Blends by Monochromatic Wavelength Dispersive X

- ray Fluorescence Spectrometry, approved September 15, 2013 (“ASTM D7039”)

. * * * * *

5. Section 80.47 is amended as follows:

a. By revising paragraph s (b)(1) , (b)(2)(i), and (b)(2)(ii).

b. By revising paragraphs (c)(1), (c)(2)(i), and (c)(2)(ii).

c. By revising paragraph (d)(1).

d. By revising paragraph (e)(1).

e. By revising paragraph (f)(1).

f. By revising paragraph (g)(1).

g. By revising paragraph (h)(1).

h. By revising paragraph (i)(1).

i. By revising paragraph (j)(1). j. By revising paragraph (l).

k. By revising paragraph (m)(6).

l. By revising paragraphs (n)(1), (n)(2)(i), and (n)(2 )(ii), and removing and reserving paragraph (n)(2)(iv).

m. By revising paragraphs (o)(1), (o)(2)(i), (o)(2)(ii), and removing and reserving paragraph (o)(2)(iv).

n. By revising paragraphs (p)(1), (p)(3)(i), and (p)(3)(ii), and removing and reserving para graph (p)(3)(iv).

o. By revising paragraph (r)(1). § 80.47 Performance

- based Analytical Test Method Approach.

* * * * * (b) * * * (1) Precision. Beginning January 1, 2016, for motor vehicle gasoline, gasoline blendstock, and gasoline fuel additives subject to the gasoline sulfur standard at § § 80.195 and § 80.1603, the maximum allowable standard deviation computed from the results of a

minimum of 20 tests made over 20 days ( tests may be arranged into no fewer than five batches of four or fewer tests each, with only one such batch allowed per day over the minimum of 20 days seven or fewer tests per week and two or fewer tests per day ) on samples usi ng good laboratory practices taken from a single homogeneous commercially available gasoline must be less than or equal to 1.5 times the repeatability “r” divided by 2.77, where “r” equals the ASTM repeatability of ASTM D7039 (Example: A 10ppm sulfur gasol ine sample: maximum allowable standard deviation of 20 tests≤1.5*(1. 75ppm 7 3 ppm /2.77)=0. 95 9 4 ppm). The 20 results must be a series of tests with a sequential record of analysis and no emissions omissions . A laboratory facility may exclude a given sample o r test result only if the exclusion is for a valid reason under good laboratory practices and it maintains records regarding the sample and test results and the reason for excluding them.** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments
November 25, 2014

Page 5 of 26 (2) * * * (i) The arithmetic average of a continuous series of at least 10 tests performed using good laboratory practices on a commercially available gravimetric sulfur standard in the range

of 1

- 10 ppm , say 10 ppm, shall not differ from the accepted reference value (ARV) of the standard by more than 0. 71 7 0 ppm sulfur; (ii) The arithmetic average of a continuous series of at least 10 tests performed using good laboratory practices on a commercially available gravimetric sulfur standard in the range

of 10

- 20 ppm

, say 20 ppm, shall not differ from the ARV of the standard by more than

1. 00 0 2 ppm sulfur; and

* * * * * (c) * * * (1) Precision. Beginning January 1, 2016, for butane subject to the butane sulfur standard at §§ 80.82, 80.195, 80.340(b) and 80.1603, the maximum allowable standard deviation computed from the resu lts of a minimum of 20 tests made over 20 days (tests may be arranged into no fewer than five batches of four or fewer tests each, with only one such batch allowed per day over the minimum of 20 days) on samples using good laboratory practices taken from a single homogeneous commercially available butane must be less than or equal to 1.5 times the repeatability (r) divided by 2.77, where “r” equals the ASTM repeatability of ASTM D6667 (Example: A 80 30 10 ppm sulfur butane sample:

maximum Maximum allowable standard deviation of 20 tests≤1.5*( 3.46 1.15ppm/2.77) =

1 0. 87 62 ppm 9.22ppm/2.77)=4.99 ppm ). The 20 results must be a series of tests with a sequential record of analysis and no emissions omissions . A laboratory facility may exclude a given sample or test result only if the exclusion is for a valid reason under good laboratory practices and it maintains records regarding the sample and test results and the reason for excluding them. (2) * * * (i) The arithmetic average of a continuous series of at least 1 0 tests performed using good laboratory practices on a commercially available gravimetric sulfur standard in the range

of 70

- 80 20 1

- 30 10 ppm, say 75 20 10 ppm, shall not differ from the accepted reference value (ARV) of the standard by more than 4.68 0. 94 47 p pm sulfur; (ii) The arithmetic average of a continuous series of at least 10 tests performed using good laboratory practices on a commercially available gravimetric sulfur standard in the range

of 80

- 90 30 10

- 40 20 ppm, say 85 40 20 ppm, shall not differ from the accepted reference value (ARV) of the standard by more than 5.31 1 0. 87 94 ppm sulfur; and

* * * * *

(d) * * * (1) Precision. Beginning January 1, 2016, for motor vehicle gasoline, gasoline blendstock, and gasoline fuel addit ives subject to the gasoline standards of this part, the maximum allowable standard deviation computed from the results of a minimum of 20 tests made over 20 days (tests may be arranged into no fewer than five batches of four or fewer tests each, with only one such batch allowed per day over the minimum of 20 days) on samples using good laboratory practices taken from a single homogeneous commercially available gasoline must be less than or equal to 0.3 times the reproducibility (R) , where “R” equals the A STM reproducibility of ASTM D1319 (Example: A gasoline containing 9 Vol% olefins: maximum allowable standard deviation of 20 tests ≤0.3*(3.06 Vol%) =** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments
November 25, 2014

Page 6 of 26 0.92 Vol%). The 20 results must be a series of tests with a sequential record of analysis

and no emission s omissions . A laboratory facility may exclude a given sample or test result only if the exclusion is for a valid reason under good laboratory practices and it maintains records regarding the sample and test results and the reason for excluding

them.

* * * * * (e) * * * (1) Precision. Beginning January 1, 2016, for motor vehicle gasoline, gasoline blendstock, and gasoline fuel additives subject to the gasoline standards of this part, the maximum allowable standard deviation computed from the results of a minimum of 20 tests made over 20 days (tests may be arranged into no fewer than five batches of four or fewer tests each, with only one such batch allowed per day over the minimum of 20 days) on samples using good laboratory practices taken from a single h omogeneous commercially available gasoline must be less than or equal to 0.3 times the reproducibility (R), where “R” equals the ASTM reproducibility of ASTM D1319 (Example: A gasoline containing

32Vol% aromatics: maximum allowable standard deviation of 20 tests ≤0.3*(3.7 Vol%) = 1.11Vol%). The 20 results must be a series of tests with a sequential record of analysis

and no emissions omissions . A laboratory facility may exclude a given sample or test result only if the exclusion is for a valid reason under good laboratory practices and it maintains records regarding the sample and test results and the reason for excluding

them.

* * * * *

(f) * * * (1) Precision. Beginning January 1, 2016, for motor vehicle gasoline, gasoline blendstock, and gasoline fuel additives subject to the gasoline standards of this part, the maximum allowable standard deviation computed from the results of a minimum of 20 tests made over 20 days (tests may be arranged into no fewer than five batches of four or fewer tests each, with only one such batch allowed per day over the minimum of 20 days) on samples using good laboratory practices taken from a single homogeneous commercially available gasoline must be less than or equal to 0.3 times the reproducibilit y (R), where “R” equals the ASTM reproducibility of ASTM D5599 (Example: A gasoline containing 3Mass% total oxygen: maximum allowable standard deviation of 20 tests ≤0.3*(0.32 Mass%) = 0.10 Mass%). The 20 results must be a series of tests with a sequentia l record of analysis and no emissions omissions . A laboratory facility may exclude a given sample or test result only if the exclusion is for a valid reason under good laboratory practices and it maintains records regarding the sample and test results and the reason for excluding them.

* * * * *

(g) * * * (1) Precision. Beginning January 1, 2016, for motor vehicle gasoline, gasoline blendstock, and gasoline fuel additives subject to the gasoline standards of this part and volatility standards at § 80.27, the maximum allowable standard deviation computed from the

result s of a minimum of 20 tests made over 20 days (tests may be arranged into no fewer

than five batches of four or fewer tests each, with only one such batch allowed per day** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments
November 25, 2014

Page 7 of 26 over the minimum of 20 days) on samples using good laboratory practices taken from a

s ingle homogeneous commercially available gasoline must be less than or equal to 0.3 times the reproducibility (R), where “R” equals the ASTM reproducibility of ASTM D5191 (Example: A gasoline having a RVP of 6.8psi: maximum Maximum allowable

standard devia tion of 20 tests withdrawn from a 250 milliliter container ≤0.3*(0.40psi) = 0.12 psi). The 20 results must be a series of tests with a sequential record of analysis and

no emissions omissions . A laboratory facility may exclude a given sample or test resul t only if the exclusion is for a valid reason under good laboratory practices and it maintains records regarding the sample and test results and the reason for excluding them.

* * * * * (h) * * * * * (1) Precision. Beginning January 1, 2016, for motor veh icle gasoline, gasoline blendstock, and gasoline fuel additives subject to the gasoline standards of this part, the maximum allowable standard deviation computed from the results of a minimum of 20 tests made over 20 days (tests may be arranged into no few er than five batches of four or fewer tests each, with only one such batch allowed per day over the minimum of 20 days) on samples using good laboratory practices taken from a single homogeneous commercially available gasoline must be less than or equal to 0.3 times the reproducibility (R), where “R” equals the ASTM reproducibility in Table 10, Groups 2, 3 and 4 (Automated ) of

ASTM D86

- 07 for the initial boiling point, E10, E50, E90 and final boiling point. (Example: A gasoline having an initial boiling po int of 26 °C and a final boiling point of 215 °C: maximum allowable standard deviation of 20 tests for initial boiling point ≤0.3*(8.5 °C) = 2.55 °C, maximum allowable standard deviation of 20 tests for E10 ≤0.3*(3.0+2.64*Sc)°C, maximum allowable standard deviation of 20 tests for E50 ≤0.3*(2.9+3.97*Sc)°C, maximum allowable standard deviation of 20 tests for E90 t ≤0.3*(2.0+2.53*Sc) °C, and maximum allowable standard deviation of 20 tests for final boiling point ≤0.3*(10.5°C) = 3.15°C ), where Sc is the aver age slope (or rate of change) of the gasoline distillation curve as calculated in accordance with section 13. 2 5 of ASTM

D86

- 07 . The 20 results must be a series of tests with a sequential record of analysis and

no emissions omissions

. Note that the precision criteria described in this paragraph (h)(1) differ from what is specified in ASTM D86

- 12. A laboratory facility may exclude a given sample or test result only if the exclusion is for a valid reason under good laboratory practices and it maintain s records regarding the sample and test results and the reason for excluding them.

* * * * *

(i) * * * (1) Precision. Beginning January 1, 2016, for motor vehicle gasoline, gasoline blendstock, and gasoline fuel additives subject to the gasoline standar ds of this part and MSAT2 standards at §§ 80.41, 80.101, 80.1230, the maximum allowable standard deviation computed from the results of a minimum of 20 tests made over 20 days (tests may be arranged into no fewer than five batches of four or fewer tests ea ch, with only one such batch allowed per day over the minimum of 20 days) on samples using good laboratory practices taken from a single homogeneous commercially available gasoline must be less than or equal to 0.3 times the reproducibility (R), where “R” equals the ASTM reproducibility of ASTM D3606 (Example: A gasoline having a 1Vol% benzene:** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments
November 25, 2014

Page 8 of 26 maximum Maximum allowable standard deviation of 20 tests ≤0.3*(0.18 Vol%) = 0.054Vol%). The 20 results must be a series of tests with a sequential record of analysi s and no emissions omissions . A laboratory facility may exclude a given sample or test result only if the exclusion is for a valid reason under good laboratory practices and it maintains records regarding the sample and test results and the reason for excl uding

them.

* * * * *

(j) * * * (1) Precision. Beginning January 1, 2016, for motor vehicle diesel fuel gasoline, gasoline blendstock, and gasoline fuel additives subject to the motor vehicle diesel standards at § 80.520, the maximum allowable standard deviation computed from the results of a minimum of 20 tests made over 20 days (tests may be arranged into no fewer than five

batches of four or fewer tests each, with only one such batch allowed per day over the minimum of 20 days) on samples using good l aboratory practices taken from a single homogeneous commercially available gasoline diesel fuel must be less than or equal to 0.3 times the reproducibility (R), where “R” equals the ASTM reproducibility of ASTM D1319 (Example: A diesel fuel containing 35 V ol% aromatics: maximum allowable standard deviation of 20 tests ≤0.3*(3. 3 7 Vol%) = 1.11 0.99 Vol%). The 20 results must be a series of tests with a sequential record of analysis and no emissions omissions . A laboratory facility may exclude a given sample or test result only if the exclusion is for a valid reason under good laboratory practices and it maintains records regarding the sample and test results and the reason for excluding them.

* * * * * (l) Q ualification criteria for Voluntary Consensus Standard Based (VCSB) Method

- Defined

Parameter Test Methods and Non

- voluntary Consensus Standard Based (non

- VCSB) Absolute Fuel Parameter of Sulfur in Gasoline and Butane

. (1) (i) Beginning January 1, 2016, the test facility or VCSB include full test method documentation by the Voluntary Consensus Standard Based (VCSB) organization, including a description of the technology and/or instrumentation that makes the method functional. (ii) For Non

- voluntary Consensus Standard Based (non

- VCSB) Absolute Fuel Parameter of Sulfur in Gasoline and Butane, the test facility or VCSB include full test method documentation, including a description of the technology and/or instrumentation that

makes the method functional. (2) (i) The test facility or VCSB i I nclude information reported in the test method that demonstrates the test method meets the applicable precision information for the method

defined fuel parameter as described in this section. (ii) For the absolute fuel paramete r of sulfur in gasoline and butane, the test facility or VCSB include information reported in the test method that demonstrates the applicable accuracy criteria as described in §80.47(b)(2) for gasoline and §80.47(c)(2) for butane. (3) The test facility o r VCSB include information reported in the test method that demonstrates the test method has been evaluated using ASTM D6708 and whether the comparison is a “null” result or whether a correlation equation needs to be applied that predicts designated test m ethod results from the applicable method

- defined alternative

test method.** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments
November 25, 2014

Page 9 of 26 (4) The test methods specified at §§80.2(w) and 80.46(a)(1), (a)(2), (b)(1), (c)(1), (d)(1), (e)(1), (f)(1), and (g)(1) and in use by a test facility prior to October 28, 2013 are e xempt from the requirements of paragraphs (l)(1) through (3) of this section.

* * * * * (m) * * *

(6) The candidate method

- defined non

- VCSB test method precision qualification must be

conducted in the form of “cross

- method reproducibility” (Rcm ) of the candidate method and applicable designated test method as required recommended in ASTM D6708, where

the Rcm must be equal to or less than 70 percent of the published reproducibility of the applicable designated test method using good laboratory practices.

* * * * * (n) * * *

(1) (i) Accuracy SQC. Every facility shall conduct tests on every instrument with a

co mmercially available gravimetric reference material, or check standard as defined in

the ASTM D6299 at least three times a year using good laboratory practices.

. The facility must pre

- treat and assess results from the check standard testing after at least 15 testing occasions as described in section 8.2 of this standard practice. The facility must

construct “MR” and “I” charts with control lines as described in section 8.4 and appropriate Annex sections of this standard practice. In circumstances where t he absolute difference between the mean of multiple back

- to

- back tests of the standard reference material and the accepted reference value of the standard reference material is greater than 0.75 times the published reproducibility of the test , the method

, the cause of

such difference must be investigated by the facility. Records of the standard reference materials measurements as well as any investigations into any exceedance of these criteria must be kept for a period of five years. (ii) The expanded unce rtainty of the accepted reference value of consensus named fuels shall have the following accuracy qualification criterion: Accuracy qualification criterion = square root [(0.75R)^2+(0.75R)^2/L], where L = the number of single results obtained

from differe nt labs used to calculate the consensus ARV. (2)(i) Precision SQC. Every facility shall conduct tests on every instrument with a quality control material as defined in paragraph 3.2. 8 3 in ASTM D6299 either once per week or once per every 20 production s te sts, whichever is more frequent. The facility must

construct and maintain an “I” chart as described in section 7 8 and section A1.5.1 and a

“MR” chart as described in section A1.5. 4 2 . Any violations of control limit(s) should be investigated by personnel of the facility and records kept for a period of five years. (ii) Validation of New QC Material. When a test facility is making a transition from one batch of QC material to the next batch of QC material, the facility will either construct an

“I” chart a s described in section 8. 7 and section A1.5.1 of ASTM D6299, or follow the “Q

- Procedure” in Annex 1.9 of ASTM D6299. In following the Q

- Procedure

, if the plot of results from the “old” and “new” QC materials on its respective chart shows no special

- cause signals, then the result of the “new” QC material will be considered valid.

* * * * *** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments
November 25, 2014

Page 10 of 26 (iv) [Reserved] The expanded uncertainty of the accepted reference value of consensus named fuels shall have the following accuracy qualification criterion: Accuracy qual ification criterion = square root [(0.75R)^2+(0.75R)^2/L], where L = the number of single results

obtained from different labs used to calculate the consensus ARV.

* * * * * (o) * * * (1) (i) Accuracy SQC. Every facility shall conduct tests of every instru ment with a commercially available check standard as defined in the ASTM D6299 at least three times a year using good laboratory practices

. . The check standard must be an ordinary fuel with levels of the fuel parameter of interest close to either the appl icable regulatory standard or the average level of use for the facility. For facilities using a VCSB designated method defined test method, The the Accepted Reference Value of the check standard must be determined by the respective designated test method for the fuel parameter following the guidelines of ASTM D6299. Facilities using a VCSB alternative method defined test method must use the Accepted Reference Value of the check standard as determined in a VCSB Inter Laboratory Crosscheck Program (ILCP) or a commercially available ILCP following the guidelines of ASTM D6299. If the Accepted Reference Value is not provided in the ILCP, accuracy must be assesse d based upon the respective EPA

- designated test method using appropriate production samples. The

f acility must pre

- treat and assess results from the check standard testing after at least 15 testing occasions as described in section 8.2 of this standard practice. The facility must

construct “MR” and “I” charts with control lines as described in section 8.4 and appropriate Annex sections of this standard practice. In circumstances where the absolute difference between the mean of multiple back

- to

- back tests of the standard reference material and the accepted reference value of the standard reference mat erial is greater than 0.75 times the published reproducibility of the test method

, it the cause of

such difference must be investigated by the facility. Participation in a VCSB ILCP at least three times a year satisfies this Accuracy SQC requirement (Examples of ILCP: ASTM Reformulated Gasoline ILCP or ASTM motor gasoline ILCP). Records of the standard reference materials measurements as well as any inves tigations into any exceedance of these criteria must be kept for a period of five years. (ii) The expanded uncertainty of the accepted reference value of consensus named fuels shall have the following accuracy qualification criterion: Accuracy qualificatio n criterion = square root [(0.75R)^2+(0.75R)^2/L], where L = the number of single results obtained

from different labs used to calculate the consensus ARV. (2)(i) Precision SQC. Every facility shall conduct tests of every instrument with a quality

control material as defined in paragraph 3.2. 8 3 in ASTM D6299 either once per week or once per every 20 production s tests, whichever is more frequent. The facility must

construct and maintain an “I” chart as described in section 7 8 and section A1.5.1 and a

“MR” chart as described in section A1.5. 4 2 . Any violations of control limit(s) should be investigated by personnel of the facility and records kept for a period of five years.

(ii) Validation of New QC Material. When a test facility is making a transition from one batch of QC material to the next batch of QC material, the facility will either construct

an “I” chart as described in section 8. 7 and section A1.5.1 of ASTM D6299, or follow the “Q

- Procedure” in Annex 1.9 of ASTM D6299. In following the Q

- Proce dure if the plot** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments
November 25, 2014

Page 11 of 26 of results from the “old” and “new” QC materials on its respective chart shows no special

- cause signals, then the result of the “new” QC material will be considered valid.

* * * * * (iv) [Reserved] The expanded uncertainty of the accepted reference value of consensus named fuels shall have the following accuracy qualification criterion: Accuracy qualification criterion = square root [(0.75R)^2+(0.75R)^2/L], where L = the number of single results

obtained from different labs used to calculat e the consensus ARV.

* * * * * (p) * * * (1) (i) Accuracy SQC for Non

- VCSB Method

- Defined test methods with minimal matrix effects. Every facility shall conduct tests on every instrument with a commercially available

check standard as defined in the ASTM D6299 at least three times a year using good laboratory practices.

. The check standard must be an ordinary fuel with levels of the fuel parameter of interest close to either the applicable regulatory standard or the average level of use for the facility. Facilities using a Non

- VCSB alternative method defined test

method must use t T he Accepted Reference Value of the check standard must be as determined in either a VCSB Inter Laboratory Crosscheck Program (ILCP) or a commercially available ILCP by the respec tive designated test method for the fuel

parameter following the guidelines of ASTM D6299. If the Accepted Reference Value is not provided in the ILCP, accuracy must be assessed based upon the respective EPA designated test method using appropriate produc tion samples. The facility must pre

- treat and assess results from the check standard testing after at least 15 testing occasions as described in section 8.2 of this standard practice. The facility must construct “MR” and

“I” charts with control lines as described in section 8.4 and appropriate Annex sections of this standard practice. In circumstances where the absolute difference between the mean of multiple back

- to

- back tests of the standard reference material and the accepted

reference value of the st andard reference material is greater than 0.75 times the published reproducibility of the fuel parameter’s respective designated test method , the cause of

such difference must be investigated by the facility. Records of the standard reference

materials me asurements as well as any investigations into any exceedance of these criteria must be kept for a period of five years. (ii) The expanded uncertainty of the accepted reference value of consensus named fuels shall have the following accuracy qualification c riterion: Accuracy qualification criterion = square root [(0.75R)^2+(0.75R)^2/L], where L = the number of single results obtained

from different labs used to calculate the consensus ARV.

* * * * * (3)(i) Precision SQC. Every facility shall conduct tests o n every instrument with a quality control material as defined in paragraph 3.2. 8 3 in ASTM D6299 either once per week or once per every 20 production s tests, whichever is more frequent. The facility must

construct and maintain an “I” chart as described in section 7 8 and section A1.5.1 and a

“MR” chart as described in section A1.5. 2 4 . Any violations of control limit(s) should be investigated by personnel of the facility and records kept for a period of five years.

(ii) Validation of New QC Material. When a test facility is making a transition from one batch of QC material to the next batch of QC material, the facility will either construct** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments
November 25, 2014

Page 12 of 26 an “I” chart as described in section 8. 7 and section A1.5.1 of ASTM D6299, or follow the “Q

- Procedure” in Anne x 1.9 of ASTM D6299. In following the Q

- Procedure

, if the plot of results from the “old” and “new” QC materials on its respective chart shows no special

- cause signals, then the result of the “new” QC material will be considered valid.

* * * * * (iv) [Rese rved] The expanded uncertainty of the accepted reference value of consensus named fuels shall have the following accuracy qualification criterion: Accuracy qualification criterion = square root [(0.75R)^2+(0.75R)^2/L], where L = the number of single results

obtained from different labs used to calculate the consensus ARV.

* * * * * (r) * * * (1) * * * (i) ASTM D86

- 12, Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure, approved December 1, 2012 ASTM D86

- 07, Standard Test

Met hod for Distillation of Petroleum Products at Atmospheric Pressure, approved January 15, 2007 (“ASTM D86”)

. (ii) ASTM D1319

- 13, Standard Test Method for Hydrocarbon Types in Liquid Petroleum Products by Fluorescent Indicator Ad sorption, approved May 1, 2013 (“ASTM D1319”)

. (iii) ASTM D3606

- 10, Standard Test Method for Determination of Benzene and Toluene in Finished Motor and Aviation Gasoline by Gas Chromatogr aphy, approved October 1,

2010 (“ASTM D3606”)

. (iv) ASTM D5191

- 13, St andard Test Method for Vapor Pressure of Petroleum Products (Mini

Meth od), approved December 1, 2013 (“ASTM D5191”)

. (v) ASTM D5599

- 00 (Reapproved 2010), Standard Test Method for Determination of Oxygenates in Gasoline by Gas Chromatography and Oxygen Sele ctive Flame Ionization

Detec tion, approved October 1, 2010 (“ASTM D5599”)

. (vi) ASTM D6299

- 13, Standard Practice for Applying Statistical Quality Assurance and Control Charting Techniques to Evaluate Analytical Measurement System Perform ance, approved Octo ber 1, 2013 (“ASTM D6299”)

. (vii) ASTM D6667

- 10, Standard Test Method for Determination of Total Volatile Sulfur in Gaseous Hydrocarbons and Liquefied Petroleum Gases by Ultraviolet Fluorescence, approved October 1, 2010 (“ASTM D6667”)

. (viii) ASTM D6708

- 1 3, Standard Practice for Statistical Assessment and Improvement of Expected Agreement Between Two Test Methods that Purport to Measure the Same Property of a Material, approved May 1, 2013 (“ASTM D6708”)

. (ix) ASTM D6792

- 13, Standard Practice for Quality S ystem in Petroleum Products and Lubricants Testing Labor atories, approved May 15, 2013 (“ASTM D6792”)

. (x) ASTM D7039

- 13, Standard Test Method for Sulfur in Gasoline, Diesel Fuel, Jet Fuel, Kerosine, Biodiesel, Biodiesel Blends, and Gasoline

- Ethanol Blends by Monochromatic Wavelength Dispersive X

- ray Fluorescence Spectrometry, approved September 15, 2013, approved September 15, 2013 (“ASTM D7039”)

. * * * * *

6. Section 80.75 is amended by r evising paragraph (a)(2)(xi)(G) to read as follows: § 80.75 Reporting requirements.

* * * * *** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments
November 25, 2014

Page 13 of 26 (a) * * * (2) * * * (xi) * * * (G) The properties of the pentane batch specified by the pentane supplier, or the properties specified in § 80.8 6(a)(3) or (a)(4) 2(c) or (d) , as appropriate along with the test method used to measure these properties.

* * * * *

7. Section 80.82 is amended by revising paragraph (e)(1) to read as follows: § 80.82 Butane blending.

* * * * * (e)(1) When butane is blended with conventional gasoline under this section during the period May 1 through S eptember 15, the refiner shall demonstrate through sampling and testing, using the test method for Reid vapor pressure in § 80.46 or § 80.47, as applicable, that each batch of conventional gasoline blended with butane meets the volatility standards specifi ed in § 80.27 and in any EPA approved SIP

. * * * * *

8. Section 80.85 is amended by revising paragraphs (a) introductory text, (b) introductory text, (g), and (i) to read as follows: § 80.85 Pentane blending.

* * * * * (a) Any refiner y that blends pentane f or which the refiner y has product transfer documents from a registered pentane supplier which demonstrate that the pentane is blender

- commercial grade, as defined in § 80.86(a)(3), may demonstrate compliance with the standards in this part based on the pro perties specified in § 80.86(a)(3), or the properties specified by the pentane supplier, provided that the refiner y does all the following:

* * * * * (b) Any refiner that blends pentane for which the refiner has product transfer documents from a registered pentane supplier which demonstrate that the pentane is blender

- non

- commercial grade, as defined in § 80.86(a)(4), may demonstrate compliance with the standards in this part based on the properties specified in § 80.86(a)(4), or the properties specified by the pentane supplier, provided that the refiner y does all the following:

* * * * * (g) All pentane blended into gasoline during the annual averaging period must be included in annual average compliance calculations by a refiner for the each of its refiner ies y

. * * * * * (i) If a refiner does not fully implement the requirements of this section, they it may not rely on test results from the pentane producer, and may only blend pentane with gasoline if they it fully comply complies with all applicable requir ements of this part 80, including the sampling and testing requirements applicable to refiners who produce gasoline by adding blendstocks to PCG.

9. Section 80.8 6 is amended by revising paragraphs (b)(2)(iv) and (b)(3)(iii) to read as follows: § 80.86 Requi rements for producers and importers of pentane used by pentane blenders.

* * * * * (b) * * *** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments
November 25, 2014

Page 14 of 26 (2) * * * (iv) A description of the production facility which demonstrates that the facility is capable of producing pentane that is complaint compliant with the requirements of this section without significant modifications to the existing facility.

* * * * * (3) * * * (iii) A description of the importer’s operating facility which demonstrates that the importer is capable of providing pentane that is complaint c ompliant with the requirements of this section without significant modifications to the existing facility.

* * * * *

Subpart H

— [Amended]

10. Section 80.330 is amended as follows:

a. By revising paragraphs (b)(1)(i), (b)(1)(ii), and (b)(2).

b. By revising paragraph (c)(1).

c. By revising paragraph (d)(2).

d. By revising paragraph (e). § 80.330 What are the sampling and testing requirements for refiners and importers?

* * * * * (b) * * * (1) * * * (i) ASTM International standard practice D4057. American Soc iety for Testing and Materials (ASTM) method D 4057

- 95, entitled “Standard Practice for Manual Sampling

of Petroleum and Petroleum Products.” (ii) Samples collected under the applicable procedures in ASTM method standard practice

D5842

- 95, entitled “Standa rd Practice for Sampling and Handling of Fuels for Volatility Measurement,” may be used for measuring sulfur content if there is no contamination present that could affect the sulfur test result. (2) Automatic sampling of petroleum products in pipelines sh all be performed according to the applicable procedures specified in ASTM method standard practice D4177

. - 95, entitled “Standard Practice for Automatic Sampling of Petroleum and Petroleum

Products.”

* * * * * (c) * * * (1) For purposes of paragraph (a) of this section, refiners and importers shall use the method provided in §80.46(a)(1) or one of the alternative test methods listed in §80.46(a)(3) to measure the sulfur content of gasoline they produce or import through December 31,

20 15 . Beginning January 1 , 2016, for purposes of paragraph (a) of this section, refiners and importers shall use an approved method in §80.47.

* * * * * (d) * * * (2) Except as provided in paragraph (d)(1) of this section, any ASTM sulfur test method for gaseous fuels may be used for quality assurance testing under §§80.340(b)(4) and 80.400, if the protocols of the ASTM method are followed and the alternative test method is** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments
November 25, 2014

Page 15 of 26 correlated to the method provided in §80.46(a)(2) through December 31, 20 15 , or in §80.47 beginning January 1 , 2016. (e) Incorporations by reference . ASTM standard practices D 4057

- 95, D 4177

- 95 and D

5842

- 95 are incorporated by reference. These incorporations by reference were approved by the Director of the Federal Register in accordance with 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. Copies may be inspected at the Air Docket Section (LE

- 131), room M

- 1500, U.S. Environmental Protection Agency, Docket

No. A

- 97

- 03, 1200 Pennsylvania Ave ., NW., 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

. Materials incorporated by reference. The published materials identified in this section are incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To en force any edition other than that specified in this section, a document must be published in the FEDERAL REGISTER and the material must be available to the public. All approved materials are available for inspection at the Air and Radiation Docket and Info rmation Center (Air Docket) in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave. NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holi days. The telephone number of the EPA/DC Public Reading Room is (202) 566

- 1744, and the telephone number for the Air Docket is (202) 566

- 1742. These approved materials are also available for inspection at the National Archives and Records Administration (N ARA). 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. In addition, these materials are available from the sources listed bel ow. (1) ASTM International material. The following standards are available from ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428

- 2959, (877) 909

- ASTM, or http://www.astm.org: (i) ASTM standard practice D4057

- 12, Standard Practice for Manual Sampling of Petroleum and Petroleum Products, approved December 1, 2012 (“ASTM D4057”)

. (ii) ASTM standard practice D4177

- 95 (Reapproved 2010), Standard Practice for Automatic Sampling of Petroleum and Petroleum Products, approved May 1, 2010 (“ASTM D4177”)

. (iii) ASTM standard practice D5842

- 14, Standard Practice for Sampling and Handling of for Fuels for Volatility Measurement, approved January 15, 2014 (“ASTM D5842”)

. (2) [Reserved]

Subpart I

— [Amended]

11. Section 80.574 is amended by revising paragraph (b) to read as follows: § 80.574 What labeling requirements apply to retailers and wholesale purchaser

consumers of ECA marine fuel beginning June 1, 2014?

* * * * *** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments
November 25, 2014

Page 16 of 26 (b) * * * (1) For US Mail : U.S. EPA, Attn: ECA Marine Fuel Diesel Sulfur Alternative Label Request, 6406J, 1200 Pennsylvania Avenue, NW, Washington, DC 20460. (2) [Reserved]

12. Section 80.584 is amended by revising paragraph (a) to read as follows: §80.584 What are the precision and accuracy criteria for approval of test m ethods for determining the sulfur content of motor vehicle diesel fuel, NRLM diesel fuel, and ECA

marine fuel? (a) Precision. (1) For motor vehicle diesel fuel and diesel fuel additives subject to the 15 ppm sulfur standard of §80.520(a)(1) and NRLM diesel fuel and diesel fuel additives subject to the 15 ppm sulfur standard of §80.510(b) and (c), a standard deviation less than 0.72 ppm, computed from the results of a minimum of 20 repeat tests made over 20 days (tests may be arranged into no fewer than five batches of four or fewer tests each, with only one such batch allowed per day over the minimum of 20 days) on samples taken from a single homogeneous commercially available diesel fuel with a sulfur content in the range of 5

- 15 ppm. The 20 results must be a series of tests with a sequential record of the analyses and no omissions. A laboratory facility may exclude a given sample or test result only if the exclusion is for a valid reason under good laboratory practices and it maintains records regarding the sample and test results and the reason for excluding

them. (2) For motor vehicle diesel fuel subject to the 500 ppm sulfur standard of §80.520(c), and for NRLM diesel fuel subject to the 500 ppm sulfur standard of §80.510(a), of a standard

deviation less than 9.68 ppm, computed from the results of a minimum of 20 repeat tests made over 20 days (tests may be arranged into no fewer than five batches of four or fewer tests each, with only one such batch allowed per day over the minimum of 20 days) on samples taken from a single homogeneous commercially available diesel fuel with a sulfur content in the range of 200

- 500 ppm. The 20 results must be a series of tests with a sequential record of the analyses and no omissions. A laboratory facility may exclude a gi ven sample or test result only if the exclusion is for a valid reason under good laboratory practices and it maintains records regarding the sample and test results and the reason for excluding them. (3) For ECA marine fuel subject to the 1,000 ppm sulfur standard of §80.510(k), of a standard deviation less than 18.07 ppm, computed from the results of a minimum of 20

repeat tests made over 20 days (tests may be arranged into no fewer than five batches of four or fewer tests each, with only one such batch al lowed per day over the minimum of 20 days) on samples taken from a single homogeneous commercially available diesel fuel with a sulfur content in the range of 700

- 1,000 ppm. The 20 results must be a series of tests with a sequential record of the analyses and no omissions. A laboratory facility may exclude a given sample or test result only if the exclusion is for a valid reason under good laboratory practices and it maintains records regarding the sample and test results and the reason for excluding them.

* * * * *

13. Section 80.585 is amended as follows:

a. By revising paragraph (a).** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments
November 25, 2014

Page 17 of 26 b. By revising paragraphs (e)(1), (e)(2), and (e)(4).

c. By adding a new paragraph (f). § 80.585 What is the process for approval of a test method for determining the sulfur

content of diesel or ECA marine fuel? (a) (1) Approval of test methods approved by voluntary consensus

- based standards bodies. Through December 31, 2015, f F or such a method to be appro ved, the following information must be submitted to the Administrator by each test facility for each test method that it wishes to have approved: Any test method approved by a voluntary consensus

- based standards body, such

as ASTM International the America n Society for Testing and Materials (ASTM) or the

International Standards Organization for Standardization (ISO), shall be approved as a test method for determining the sulfur content of diesel fuel if it meets the applicable accuracy and precision criteri a under §80.584. The approval of a test method is limited to the single test facility that performed the testing for accuracy and precision. The individual facility must submit the accuracy and precision results for each method, including information on th e date and time of each test measurement used to demonstrate precision, following procedures established by the

Administrator. (2) Approval of test methods approved by voluntary consensus

- based standards bodies. Beginning January 1, 2016, for any individu al testing facility

, a ny test method approved by a voluntary consensus

- based standards body, such as the ASTM International American Society for Testing and Materials (ASTM) or the International Standards Organization for Standardization (ISO), shall be deemed approved as a test method for determining the sulfur content of diesel fuel if it meets the applicable accuracy and precision criteria under §80.584. These records must be kept by the testing facility for a period of five years.

* * * * * (e) * * * (1) Follow all mandatory provisions of ASTM D6299

- 02 and construct control charts from the mandatory quality control testing prescribed in paragraph 7.1 of the reference method, following guidelines under A 1.5.1 for individual observa tion charts and A 1.5. 2 4 for moving range charts. The Director of the Federal Register approved the incorporation by

reference of ASTM D 6299

- 02, Standard Practice for Applying Statistical Quality Assurance Techniques to Evaluate Analytical Measurement Sy stem Performance, 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. E PA, 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. (2) Follow paragraph 7.3.1 of ASTM D6299

- 02 to check standards using a reference material at least monthly or following any major change to the laboratory equipment or test procedure. Any deviation from the accepted reference value of a check standard greater than 1.44 ppm (for diesel fuel subject to the 15 ppm sulfur standard), 19.36 ppm (for diesel fuel subject to the 500 ppm sulfur stan dard), or 36.14 ppm (for ECA marine fuel subject to the 1,000 ppm sulfur standard must be investigated. Commented [A1]: Clarify to apply to any testing facility used for this testing will be required to obtain approval. This will more closely mirror 80.585(a)(1) and that the testing facility is responsible to get approval for the test method(s) they develop at their facility.

Commented [A2]: Word smithing: “de emed” is added to clarify the approval is by virtue of a testing facility meeting the accuracy and precision requirements (performance & recordkeeping) and not by written approval directly from EPA as defined 80.585(a)(1).** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments
November 25, 2014

Page 18 of 26 * * * * * (4) Upon discovery of any quality control testing violation of paragraph A 1.5.1.3 for

individual observation charts or A1.5.4.1 and A1.5.4.2 for moving range charts of ASTM

D6299 or A 1.5.2.1 of ASTM D 6299

- 02 , or any check standard deviation greater than 1.44 ppm (for diesel fuel subject to the 15 ppm sulfur standard), 19.36 ppm (for diesel fuel subject to the 500 ppm sulfur standard), or 36.14 ppm (for ECA marine fuel subject to the 1,000 ppm sulfur standard), conduct an investigation into the cause of such violation or deviation and, after restoring method performance to statistical control, retest retained samples from batches originally test ed since the last satisfactory quality control material or check standard testing occasion. (f) Materials incorporated by reference. The published materials identified in this section are incorporated by reference into this section with the approval of th e Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, a document must be published in the FEDERAL REGISTER and the material must be available to the public. All approv ed materials are available for inspection at the Air and Radiation Docket and Information Center (Air Docket) in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave. NW, Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number of the EPA/DC Public Reading Room is (202) 566

- 1744, and the telephone number for the Air Docket is (202) 566

- 1742. These approved materials are also available for inspection 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_l ocations.html

. In addition, these materials are available from the sources listed below. (1) ASTM International material. The following standards are available from ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428

- 2959, (877) 909

- ASTM, or http://www.astm.org : (i) ASTM D6299

- 13 , Standard Practice for Applying Statistical Quality Assurance and Control Charting Techniques to Evaluate Analytical Measurement System Performance, approved October 1, 2013 (“ASTM D6299”)

. (ii) [R eserved] (2) [Reserved]

14. Section 80.590 is amended by revising paragraph s (a)(7)(vii) and (b) to read as follows: §80.590 What are the product transfer document requirements for motor vehicle diesel fuel, NRLM diesel fuel, heating oil, ECA marine fuel, and other distillates? (a) * * * (7) * * * (vii) ECA marine fuel. For ECA marine fuel produced or imported beginning June 1, 2014, “1,000 ppm sulfur (maximum) ECA marine fuel. For use in Category 3 marine vessels only. Not for use in engines not installed on C3 marine vessels.” (b) T Any of t he following may be substituted for the descriptions in paragraph (a) of this section, as appropriate:** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments
November 25, 2014

Page 19 of 26 (1) “This is high sulfur diesel fuel for use only in Guam, American Samoa, or the Northern

Mariana Islands.” ; (2) “This diesel fuel is for export use only.” ; (3) “This diesel fuel is for research, development, or testing purposes only.” ; o r (4) “This diesel fuel is for use in diesel highway vehicles or nonroad equipment under an

EPA

- approved national security exemption only.” (5) “High sulfur fuel. For use only in ships with an approved permit as allowed by MARPOL Annex VI, Regulation 3. ” (6) “High sulfur fuel. For use only in ships as allowed by MARPOL Annex VI, Regulation

4.” (7) “High sulfur fuel. For use only in ships as allowed by MARPOL Annex VI, Regulation 3 or Regulation 4.”

* * * * * Question: Under b(5),(6),(7) What is meant by “High sulfur”? Is there a sulfur limit attributed to these three descriptions?

15. Section 80.597 is amended by revising paragraph (d)(3) to read as follows: §80.597 What are the registration requirements?

* * * * * (d) * * * (3) Except as prescribed in paragraph (d)(6) of this section, each entity as defined in §80.502 that intends to deliver or receive custody of any of the following fuels beginning June 1, 2014, must register with EPA by December 31, 2012, or prior to commencement of producing, importi ng, or distributing any distillate or residual fuel listed in this paragraph (d) (3) :

* * * * *

16. Section 80.607 is amended as follows:

a. By revising the section heading.

b. By revising paragraph (a).

c. By revising paragraphs (c)(3)(iv) and (c)(4)(iv).

d. By revising paragraphs (d)(1) and (d)(3).

e. By revising paragraph (f). §80.607 What are the requirements for obtaining an exemption for diesel fuel or ECA

marine fuel used for research, development or testing purposes? (a) Written request for a rese arch and development exemption . Any person may receive an exemption from the provisions of this subpart for MVNRLM diesel fuel or ECA marine

fuel used for research, development, or testing purposes by submitting the information listed in paragraph (c) of t his section to: Director, Transportation and Regional Programs Division ( U.S. EPA

—

Attn: Research and Development Exemption Request, 6406J )

, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC

20460

. (postal mail); or Directo r, Transportation and Regional Programs Division, U.S. Environmental Protection Agency, 1310 L Street, NW., 6th floor, Washington, DC 20005 (express mail/courier); and Director, Air Enforcement Division (2242A), U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.

* * * * * Commented [A3]: Question regarding §80.590 (b) ( 5), (6), (7) : What products does EPA intend to be covered by ‘High Sulfur Fuel’ as referenced in 80.590(b)(5),(6),&(7)?** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments
November 25, 2014

Page 20 of 26 (c) * * * (3) * * * (iv) The quantity of fuel which does not comply with the requirements of §§80.520 and 80.521 for motor vehicle diesel fuel, or §80.510 for NRLM diesel fuel or ECA marine

fuel

. * * * * * (4) * * * (iv) The manner in which the party will ensure that the research and development fuel will be segregated from motor vehicle diesel fuel

, or NRLM diesel fuel , or ECA marine fuel , as applicable, and how fuel pumps wi ll be labeled to ensure proper use of the research and development fuel.

* * * * * (d) Additional requirements. (1) The product transfer documents associated with research and development motor vehicle diesel fuel must comply with the product transfer

document requirements of §80.590(b)(3).

* * * * * (3) The research and development fuel must be kept segregated from non

- exempt MVNRLM

diesel fuel and ECA marine fuel at all points in the distribution system.

* * * * * (f) Effects of e xemption. Motor vehicle diesel fuel

, or NRLM diesel fuel , or ECA marine

fuel that is subject to a research and development exemption under this section is exempt from other provisions of this subpart provided that the fuel is used in a manner that compli es with the purpose of the program under paragraph (c) of this section and the requirements of this section.

* * * * *

17. Section 80.608 is amended by revising paragraph (d) to read as follows: §80.608 What requirements apply to diesel fuel and ECA marine f uel for use in the

Territories?

* * * * * (d) Segregated from non

- exempt MVNRLM diesel fuel and/or non

- exempt ECA marine fuel at all points in the distribution system from the point the fuel is designated as exempt fuel only for use in Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands, while the exempt fuel is in the United States ( including an or the North

American United States Emission Control Area , or an ECA associated area per 40 CFR

1043.20 ) but outside these Territories.

Subpart L

-- [Amended]

18. Section 80.1295 is amended by revising paragraph (b)(1)(ii) to read as follows: § 80.1295 How are gasoline benzene credits used?

* * * * * (b) * * * (1) * * * (ii) Any credit transfer takes place no later than the last day of February March 31 following the calendar year averaging per iod when the credits are used.** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments
November 25, 2014

Page 21 of 26 * * * * *

Subpart M

-- [Amended]

19. Section 80.1453 is amended by revising paragraph s (a) introductory text and (a)(12) introductory text to read as follows:

§80.1453 What are the product transfer document (PTD) requirements for the RFS program? (a) On each occasion when any party transfers custody or ownership of neat and/or blended

renewable fuels , except when such fuel is dispensed into motor vehicles or nonroad vehicles, engines, or equipment

, or separated RINs subject to this subpart, the transferor must provide to the transferee documents that include all of the following information, as applicable:

* * * * * (12) Except as provided in § 80.1433, f F or the trans fer of renewable fuel for which RI Ns were generated, an accurate and clear statement on the product transfer document of the fuel type from Table 1 to § 80.1426, and designation of t he fuel use(s) intended by the transferor, as follows:

* * * * *

20. Section 80.1471 is amended by revising paragraph (d)(1) to read as follows:

§80.1471 Requirements for QAP Auditors

.
* * * * * (d)(1) In the event that an independent third

- party auditor identifies a RIN that may have been invalidly generated, the independent third

- party auditor shall, within the next five business day s , send notification of the potentially invalidly generated RIN to the EPA and the renewable fuel producer that generated the RIN.

* * * * *

Subpart O

— Gasoline Sulfur

21. Section 80.1609 is amended by revising paragraph (a) to read as follows: § 80.1609 Oxygenate blender requirements. (a) Oxygenate blenders who blend only oxy genate that complies with the requirements of paragraph (b) of this section into gasoline downstream of the refinery that produced the gasoline or the import facility where the gasoline was imported are not subject to the refiner or importer requirements o f this subpart for such gasoline, but are subject to the requirements and prohibitions applicable to downstream parties in this subpart. Such oxygenate blenders are subject to the requirements of paragraph (b) of this section, the requirements and prohibi tions applicable to downstream parties, the requirements of § 80.1603(d)( 4 2 ), and the prohibition specified in § 80.1660(e).

* * * * * Commented [A4]: Adding “custody or” brings this requirement into alignment with PTD language in remainder of 40CFR80 and encourages compliance by all parties who may have custody but not ownership of any applicable products.** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments
November 25, 2014

Page 22 of 26 22. Section 80.1611 is amended as follows:

a. By revising paragraph (a)(1).

b. By revising paragraphs (c) introductory text, (c)(1), and (c)(2).

c. By revising paragraph (d). § 80.1611 Standards and requirements for certified ethanol denaturant.

* * * * * (a) * * * (1) The sulfur content must not be greater than 330 ppm as determined in accordance with the test requireme nts of § 80.1630. If the denaturant manufacturer represents a batch of denaturant as having a maximum sulfur content of less than lower than 330 ppm i n the PTD (for example, no greater than 120 ppm) , then the actual sulfur content must be no greater than the stated value as determined in accordance with the requirements of § 80.1644.

* * * * * (c) PTDs. In addition to any other product transfer document requirements under this part 80, on each occasion when any person transfers custody or title to any ce rtified ethanol

denaturant designated as suitable for the production of DFE meeting federal quality requirements upstream of a DFE production or import facility, the transferor shall provide to the transferee product transfer documents which include all th e following information

. (1) The following statement: “Certified Ethanol Denaturant suitable for use in the manufacture of denatured fuel ethanol meeting EPA standards.”

. (2) If the certified ethanol denaturant manufacturer represents that a batch of ethanol denaturant has sulfur content less than 330 ppm, then either the actual sulfur content of the denaturant must be clearly stated on the PTD, or t T he PTD must state the sulfur content is 330 ppm or less

, . or if the certified ethanol denaturant manufa cturer represents a batch of denaturant as having a maximum sulfur content lower than 330 ppm the PTD must state that lower sulfur maximum (e.g.

, has a sulfur content of 120 ppm or less).

* * * * * (d) Batch numbers. Every batch of certified ethanol denat urant produced or imported at

oxygenate a denaturant production or import facility shall be assigned a number (the “batch number”), consisting of the EPA

- assigned ethanol denaturant producer or importer registration number, the EPA facility registration nu mber, 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 ass igned the next sequential number (e.g.

, 4321

– 54321

– 95

– 000001, 4321

– 54321

– 95

– 000002, etc.).

23. Section 80.1613 is amended by revising paragraph (a) introductory text and paragraph (b)(3)

to read as follows: § 80.1613 Standards and other requirements for gasol ine additive manufacturers and

blenders.

* * * * * (a) Gasoline additive manufacturers, as defined in 40 CFR 79.2(f), who manufacture

additives with a maximum allowed treatment rate of less than 1.0 volume percent or less must meet all the following requirements:

* * * * * (b) * * *** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments
November 25, 2014

Page 23 of 26 (3) The person does not add the additive at a concentration that contributes more than 3 ppm on a per gallon basis to the sulfur content of gasoline.

* * * * *

24. Section 80.1615 is amended by revising paragraph s (d)(1) and (d)(2) to read as follows: § 80.1615 Credit generation.

* * * * * (d) For approved small refiners and small volume refineries only, the number of credits generated from January 1, 2017 through December 31, 2019 shall be calculated annually for each

ap plicable averaging period as follows: (1) If From January 1, 2017 through December 31, 2019, i f a small refiner or small volume refinery has an annual average sulfur level (S
a ) less than 30.00 ppm but greater than 10.00 ppm from January 1, 2017 through Dec ember 31, 2019 , the refiner may generate credits using the equation specified in paragraph (b) of this section for use in complying with the annual average standards of subpart H of this part. (2) F rom January 1, 2017 through December 31, 2019 , i I f a small refiner or small volume refinery has an annual average sulfur level (S
a ) less than 10.00 ppm from January 1, 2017 through December 31, 2019 , the refiner may generate credits using the equation specified in paragraph (c) of this section for use in complyin g with the annual average standards of § 80.1603(c)(1) and the following equation for complying with the annual average standards of subpart H of this part:

CR T2 = V a × (20.00)

Where:

CR T2 = Credits generated for the averaging period for use in complying with the annual average standards of subpart H of this part only.

V a = Total annual volume of gasoline produced at a refinery or imported during the averaging period. (For example: A smal l refiner with an annual average sulfur level of 8 ppm in 2018 may generate CR
a = 2 ppm

- volume credits (10

- 8) for compliance with the annual average standards of § 80.1603(c)(1) plus CR T2 = 20 ppm

- volume credits (30

- 10) for compliance with the annual

avera ge sulfur standa rds of subpart H of this part.)

* * * * *

25. Section 80.1616 is amended by adding a nd reserving paragraph (a)(4) and amending paragraph (b)(2) to read as follows: § 80.1616 Credit use and transfer. (a) * * * (4) [Reserved]

* * * * * (b) * * * (2) Credits generated under § 80.1615(b) through (d) are valid for use for five years after the year in which they are generated, except that any CR
a credits generated in 2015 and 2016 and any remaining CR T2 credits will expire and become invalid after Ma rch December 31, 2020 20 19

, (with when the 2019 annual compliance report is

, due March 31, 2020)

. * * * * *** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments
November 25, 2014

Page 24 of 26 26. Section 80.1620 is amended by revising paragraphs (d), (e)(1), (e)(2), and (f)(1) to read as

follows: § 80.1620 Small refiner definition.

* * * * * (d) Notwithstanding the provisions of paragraphs (a) and (e)(1) of this section, a refiner that acquires or reactivates a refinery that was shut down or non

- operational during calendar year

2011 2012 , may apply for small refiner status under this subpart O. (e) * * * (1) Refiners with refineries built or started up on or after January 1, 2012 2013

. (2) Persons who exceed the employee or crude oil capacity criteria under this section on January 1, 2012 2013 , but who meet these criteria after that date, regardless of whether the reduction in employees or crude oil capacity is due to operational changes at the refinery or a company sale or reorganization.

* * * * * (f)(1) A refiner approved as a small refiner under § 80.1622 who subsequently ceases product ion of gasoline from processing crude oil through refinery processing units, employs more than 1,500 people, or exceeds the 155,000 bpcd crude oil capacity limit after January 1,

2012 2013 as a result of merger with or acquisition of or by another entity, is disqualified as a small refiner, except as provided for under paragraph (f)(4) of this section. If such disqualification occurs, the refiner shall notify EPA in writing no later than 20 days following the disqualifying event.

* * * * *

27. Section 80.1621 is amended by adding paragraphs (c) and (d) to read as follows: § 80.1621 Small volume refinery definition.

* * * * * (c) [Reserved] (d)(1) A refinery approved as a small refinery under § 80.1622 that subsequently ceases production of gasoline from proces sing crude oil through refinery processing units or exceeds the 75,000 barrel average aggregate daily crude oil throughput limit is disqualified as a small refinery. If such disqualification occurs, the refinery shall notify EPA in writing no later than 20 days following the disqualifying event. (2) Any refinery whose status changes under this paragraph (d) shall meet the applicable standards of § 80.1603 within a period of up to 30 months from the disqualifying event.

28. Section 80.1640 is amended by revisin g paragraph (a)(2) to read as follows: § 80.1640 Standards and requirements that apply to refiners producing gasoline by blending blendstocks into previously certified gasoline (PCG). (a) * * * (2) To accomplish the exclusion required in paragraph (a)( 1 5 ) of this section, the refiner must determine the volume and sulfur content of the PCG used at the refinery and the volume of and sulfur content of the gasoline produced at the refinery, and use the compliance calculation procedures in paragraphs (a)(3) and (4) of this section.

* * * * *** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments
November 25, 2014

Page 25 of 26 29. Section 80.1642 is amended by revising paragraphs (c)(1) and (c)(3) to read as follows: § 80.1642 Sampling and testing requirements for producers and importers of denatured fuel ethanol and other oxygenates for use by o xygenate blenders.

* * * * * (c) * * * (1) The sulfur content of the batch of DFE shall be calculated by volume weighting the sulfur

contribution from the denaturant ) , and the neat ethanol used. (2) * * * (3) The sulfur content of the certified denaturan t (s) used in the calculation in paragraph (c)(1) of

this section must be consistent with the PTD (s) obtained from a registered certified ethanol denaturant producer (s) or importer (s) in accordance with the requirements of § 80.1611. If the

PTD from the ce rtified ethanol denaturant states that the sulfur content is 330 ppm, then the sulfur content of the sulfur content of the ethanol denaturant must be assumed to be 330 ppm.

* * * * *

30. Section 80.1645 is amended by revising the section heading and the intro ductory text to read

as follows: § 80.1645 Sample retention requirements for producers and importers of certified ethanol

denaturant designated as suitable for the manufacture of denatured fuel ethanol meeting federal quality requirements

. Beginning January 1, 2017, or on the first day that any producer or importer of ethanol denaturant designates a batch of certified ethanol denaturant as suitable for the manufacture of denatured fuel ethanol meeting federal quality requirements , whichever is earlier, the ethanol denaturant producer or importer shall do all the following:

* * * * *

31. Section 80.1650 is amended as follows:

a. By revising paragraph (a)(4).

b. By revising paragraph (b).

c. By revising paragraph (g)(3). § 80.1650 Registration

.
* * * * * (a) * * * (4) Producer or importer of certified ethanol denaturant subject to the standards under § 80.1611

. (b) Registration dates. (1) Any gasoline refiner or importer required to register shall do so by December 1, 2016, or at least 30 day s in advance of the first date that such person will produce or import reformulated gasoline, conventional gasoline, RBOB, or CBOB, whichever is earlier

. If a previously unregistered refiner or importer intends to generate credits prior to January 1,

2017 (pursuant to § 80.1615), registration must occur at least 90 days prior to submitting an annual compliance report demonstrating credit generation. (2) Any oxygenate producer or importer required to register shall do so by November 1, 2016, or

at least 60 days in advance of the first date that such person will produce or import oxygenate

, whichever is earlier

. (3) Any oxygenate blender required to register shall do so by November 1, 2016, or at least 90 days in advance of the first date that such person wil l blend oxygenate into RBOB , whichever is

earlier

.** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments
November 25, 2014

Page 26 of 26 (4) Any ethanol denaturant producer or importer required to register shall do so by November 1, 2016, or at least 60 days in advance of the first date that such person will produce or import

ethanol denatu rant , whichever is earlier

. * * * * * (g) * * * (3) Any oxygenate blender producer shall submit updated registration information to the Administrator within thirty days of any occasion when the registration information previously supplied becomes incomplete or inaccurate.

* * * * *

32. Section 80.1652 is amended by revising paragraph (c) i ntroductory text to read as follows: § 80.1652 Reporting requirements for gasoline refiners, gasoline importers, oxygenate producers, and oxygenate importers.

* * * * * (c) Oxygenate refiner producer and importer annual reports. Any oxygenate producer, for each of its production facilities, and any importer for the oxygenate it imports, shall submit a report for each calendar year period that includes all the following information:

* * * * *

33. Section 80.1667 is amended by removing and reserving paragraph (c)(1) to read as follows: § 80.1667 Attest engagement requirements.

* * * * * (c) * * * (1) Obtain a written representation from the company representative stating the refinery produces gasol ine from crude oil. [Reserved]

* * * * *