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PART 80—REGULATION OF FUELS AND FUEL ADDITIVES

1. The authority citation for part 80 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 this 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, unless 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 equivalent 

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 

marine 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 

International, 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”).
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(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), Standard 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. By 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 January 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 

reproducibility 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 methanol peaks because ethanol and methanol may cause interference with 

ASTM D3606 when present. Beginning January 1, 2016, the benzene content maymust 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) * * *
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(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 D86-12, 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 for 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 C4 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 Test 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 Method 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 

Aromatics 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”).
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(xv) ASTM D6920-13, Standard 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 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 

(“ASTM D7039”).

* * * * *

5. Section 80.47 is amended as follows:

a. By revising paragraphs (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 paragraph (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 daysseven or fewer tests per week and two or fewer tests per day) on 

samples using 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 gasoline sample: maximum allowable standard deviation of 20 

tests≤1.5*(1.75ppm73ppm/2.77)=0.95 94 ppm). The 20 results must be a series of tests 

with a sequential record of analysis and no emissionsomissions. 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.
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(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 70 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 02 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 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 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 3010 ppm sulfur butane sample: 

maximum Maximum allowable standard deviation of 20 tests≤1.5*(3.461.15ppm/2.77) = 

10.8762 ppm9.22ppm/2.77)=4.99 ppm). The 20 results must be a series of tests with a 

sequential record of analysis and no emissionsomissions. 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 10 tests performed using good 

laboratory practices on a commercially available gravimetric sulfur standard in the range 

of 70-80201-3010 ppm, say 75 2010 ppm, shall not differ from the accepted reference 

value (ARV) of the standard by more than 4.680.9447 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 80-903010-4020 ppm, say 85 4020 ppm, shall not differ from the accepted reference 

value (ARV) of the standard by more than 5.3110.8794 ppm sulfur; and

* * * * *

(d) * * *

(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 reproducibility (R) , where 

“R” equals the ASTM reproducibility of ASTM D1319 (Example: A gasoline containing 

9 Vol% olefins: maximum allowable standard deviation of 20 tests ≤0.3*(3.06 Vol%) = 
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0.92 Vol%). The 20 results must be a series of tests with a sequential record of analysis 

and no emissionsomissions. 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 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 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 emissionsomissions. 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 reproducibility (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 sequential record 

of analysis and no emissionsomissions. 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 

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 
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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 

D5191 (Example: A gasoline having a RVP of 6.8psi: maximum Maximum allowable 

standard deviation 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 emissionsomissions. 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.

* * * * *

(h) * * * * *

(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 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 point 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 E90t

≤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 average slope (or rate of change) 

of the gasoline distillation curve as calculated in accordance with section 13.25 of ASTM 

D86-07. The 20 results must be a series of tests with a sequential record of analysis and 

no emissionsomissions. 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 maintains 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 standards 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 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 of ASTM D3606 (Example: A gasoline having a 1Vol% benzene: 
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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 analysis 

and no emissionsomissions. 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.

* * * * *

(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 laboratory 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 Vol% aromatics: maximum allowable 

standard deviation of 20 tests ≤0.3*(3.37 Vol%) = 1.110.99Vol%). The 20 results must 

be a series of tests with a sequential record of analysis and no emissionsomissions. 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) Qualification 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 iInclude information reported in the test method that 

demonstrates the test method meets the applicable precision information for the methoddefined fuel parameter as described in this section.

(ii) For the absolute fuel parameter 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 or 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 method results from the applicable method-defined alternative 

test method.
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(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 exempt 

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 

commercially 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 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 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 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.

(2)(i) Precision SQC. Every facility shall conduct tests on every instrument with a quality 

control material as defined in paragraph 3.2.83 in ASTM D6299 either once per week or 

once per every 20 productions 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 A1.5.42. 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-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.

* * * * *
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(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 calculate the consensus ARV.

* * * * *

(o) * * *

(1)(i) Accuracy SQC. Every facility shall conduct tests of 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. 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 assessed based upon the 

respective EPA-designated test method using appropriate production 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 standard reference material 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 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 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.

(2)(i) Precision SQC. Every facility shall conduct tests of every instrument with a quality 

control material as defined in paragraph 3.2.83 in ASTM D6299 either once per week or 

once per every 20 productions 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 A1.5.42. 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-Procedure if the plot 
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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 calculate 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 tThe Accepted Reference Value of the check standard must beas

determined in either a VCSB Inter Laboratory Crosscheck Program (ILCP) or a 

commercially available ILCPby the respective 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 production 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 standard 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 measurements 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 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.

* * * * *

(3)(i) Precision SQC. Every facility shall conduct tests on every instrument with a quality 

control material as defined in paragraph 3.2.83 in ASTM D6299 either once per week or 

once per every 20 productions 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 A1.5.24. 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 
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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-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) [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 calculate the consensus ARV. 

* * * * *

(r) * * *

(1) * * *

(i) ASTM D86-12, Standard Test Method for Distillation of Petroleum Products at 

Atmospheric Pressure, approved December 1, 2012ASTM D86-07, Standard Test 

Method 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 Adsorption, 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 Chromatography, approved October 1, 

2010 (“ASTM D3606”).

(iv) ASTM D5191-13, Standard Test Method for Vapor Pressure of Petroleum Products (Mini 

Method), 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 Selective Flame Ionization 

Detection, 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 Performance, 

approved October 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 D6708-13, 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 System in Petroleum Products and 

Lubricants Testing Laboratories, 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 revising paragraph (a)(2)(xi)(G) to read as follows:

§ 80.75 Reporting requirements.

* * * * *
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(a) * * *

(2) * * *

(xi) * * *

(G) The properties of the pentane batch specified by the pentane supplier, or the properties 

specified in § 80.86(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 September 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 specified 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 refinery that blends pentane for which the refinery 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 properties specified in § 80.86(a)(3), or the properties specified by the pentane supplier, 

provided that the refinery 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 refinery 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 refineriesy.

* * * * *

(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 requirements of this part 80, including the sampling and 

testing requirements applicable to refiners who produce gasoline by adding blendstocks to PCG. 

9. Section 80.86 is amended by revising paragraphs (b)(2)(iv) and (b)(3)(iii) to read as follows:

§ 80.86 Requirements for producers and importers of pentane used by pentane blenders. 

* * * * *

(b) * * *
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(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 compliant 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 Society 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 “Standard 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 shall 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, 

2015. 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 
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correlated to the method provided in §80.46(a)(2) through December 31, 2015, 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 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 approved 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_locations.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 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 purchaserconsumers of ECA marine fuel beginning June 1, 2014?

* * * * *
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(b) * * *

(1) For US Mail: U.S. EPA, Attn: ECA Marine FuelDiesel 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 methods 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 

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.

(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 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 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).
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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, fFor such a method to be approved, 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 American 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 criteria 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 the 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 individual testing facility, any 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 observation 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 System 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. EPA, Air and 

Radiation Docket and Information Center, 1301 Constitution Ave., NW., Room B102, 

EPA West Building, Washington, DC 20460 or at the National Archives and Records 

Administration (NARA). For information on the availability of this material at NARA, 

call 202-741-6030, or go to: 

http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(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 standard), 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: “deemed” 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).
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* * * * *

(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 

D6299or 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 tested 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 the 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 approved 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_locations.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) [Reserved]

(2) [Reserved]

14. Section 80.590 is amended by revising paragraphs (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) TAny of the following may be substituted for the descriptions in paragraph (a) of this 

section, as appropriate:
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(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.”; or

(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, importing, 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 research 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 this 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 Director, 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)?
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(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 will 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 exemption. 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 

complies 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 fuel 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 

AmericanUnited 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 FebruaryMarch 31 following the 

calendar year averaging period when the credits are used.
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* * * * *

Subpart M--[Amended] 

19. Section 80.1453 is amended by revising paragraphs (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, fFor the transfer of renewable fuel for which RINs 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 the 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 nextfive business 

days, 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 oxygenate 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 of 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 prohibitions 

applicable to downstream parties, the requirements of § 80.1603(d)(42), 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.
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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 requirements 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 in 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 certified 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 the 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 tThe PTD must state the sulfur content is 330 

ppm or less,. or if the certified ethanol denaturant manufacturer 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 denaturant 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 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, 4321–54321–95–

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 gasoline 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) * * *
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(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 paragraphs (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 

applicable averaging period as follows:

(1) If From January 1, 2017 through December 31, 2019, if a small refiner or small volume 

refinery has an annual average sulfur level (Sa) less than 30.00 ppm but greater than 10.00 ppm

from January 1, 2017 through December 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) From January 1, 2017 through December 31, 2019, iIf a small refiner or small volume 

refinery has an annual average sulfur level (Sa) 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 complying 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:

CRT2 = Va × (20.00)

Where:

CRT2 = Credits generated for the averaging period for use in complying with the annual average 

standards of subpart H of this part only.

Va = Total annual volume of gasoline produced at a refinery or imported during the averaging 

period.

(For example: A small refiner with an annual average sulfur level of 8 ppm in 2018 may 

generate CRa = 2 ppm-volume credits (10-8) for compliance with the annual average standards 

of § 80.1603(c)(1) plus CRT2 = 20 ppm-volume credits (30-10) for compliance with the annual 

average sulfur standards of subpart H of this part.)

* * * * *

25. Section 80.1616 is amended by adding and 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 CRa credits generated in 2015 and 2016 and 

any remaining CRT2 credits will expire and become invalid after March December 31, 20202019, 

(with when the 2019 annual compliance report is, due March 31, 2020).

* * * * *
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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 

20112012, may apply for small refiner status under this subpart O.

(e) * * *

(1) Refiners with refineries built or started up on or after January 1, 20122013.

(2) Persons who exceed the employee or crude oil capacity criteria under this section on 

January 1, 20122013, 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 

production 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 processing 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 revising 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)(15) 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.

* * * * *
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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 oxygenate 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 denaturant(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 certified 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 introductory 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 days 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 will blend oxygenate into RBOB, whichever is 

earlier.
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(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 denaturant, whichever is earlier.

* * * * *

(g) * * *

(3) Any oxygenate blenderproducer 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) introductory 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 

gasoline from crude oil.[Reserved]

* * * * *