1

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY

2565 PLYMOUTH ROAD

ANN ARBOR, MI 48105-2498

 OFFICE OF

AIR AND RADIATION

Memorandum

Date: April 8, 2013

From: Jeff Herzog, Assessment and Standards Divisions, 

Office of Transportation and Air Quality

To: Docket # EPA-HQ-OAR-2011-0135

Subject: Possible Approach to Fuel Quality Standards for Fuel Used in Flexible-Fuel 

Automotive Spark-Ignition Vehicles (FFVs)

FFVs are vehicles that are capable of operating on both gasoline and gasoline blends 

containing up to 85 volume percent denatured ethanol. FFVs are equipped with the same 

catalysts to control emissions as are conventional gasoline vehicles and hence are subject to the 

same deleterious effects from fuel sulfur on catalyst efficiency. Whether FFVs are operating on 

clear gasoline (E0), E85, or any level of ethanol in between, to maintain emission performance 

the vehicles still need the fuel to meet certain quality specifications, such as the 10-ppm average 

gasoline sulfur standard proposed in the Tier 3 Notice of Proposed Rule (NPRM). We anticipate 

that the volume of higher level ethanol blends used in FFVs may increase substantially as the 

volume requirements of the Renewable Fuels Standard (RFS) increase.1 Public and private 

initiatives are also currently underway to expand the use of ethanol blender pumps that dispense 

a variety of ethanol blends for use in FFVs ranging from E10 to E85.2 Therefore, it is becoming 

increasingly important that all fuels used in FFVs, not just gasoline, meet fuel quality standards. 

Additional regulations to assure that fuels used in FFVs are compatible with vehicle emissions 

 

1 Regulation of Fuel and Fuel Additives: Changes to the Renewable Fuel Standard Program, March 26, 2010, 75 FR 

14669.

2 The U.S. Department of Agriculture (USDA) has a program to assist in the funding for the installation of as many 

as 10,000 ethanol blender pumps over the next 15 years in rural areas. Growth Energy has a “Blend Your Own 

Ethanol” program to encourage the installation of ethanol blender pumps that dispense a range of ethanol blend 

levels for use in flexible fuel vehicles. 
2

control requirements will allow for the further expansion of ethanol blended fuels, which is 

important to satisfying the requirements of the RFS program. For these reasons, we believe it is 

important that our gasoline quality standards for not just sulfur, but also benzene, Reid Vapor 

Pressure (RVP), detergency, and compliance with the interpretive rule defining the phrase 

“substantially similar” in CAA section 211(f)(1)3, (i.e., contain only carbon, hydrogen, oxygen, 

nitrogen, and sulfur) apply to any fuel used in an FFV. The following sections discuss potential 

approaches for doing so and how the statutory and regulatory provisions relate to them.

1. Standards for E51-83

Historically, “E85” had been used to describe fuel blends containing gasoline and ethanol 

with a minimum and maximum ethanol content of 68 volume percent and 83 volume percent, 

respectively. In 2011, ASTM International updated the specification for “E85” to include a 

reduction in the minimum ethanol concentration to 51 volume percent.4 As part of the updated 

specification, ASTM retired the name “E85” in favor of “ethanol fuel blends for flexible-fuel 

automotive spark-ignition engines.” ASTM took this action because the term “E85” has caused 

confusion regarding the variability in the ethanol content depending upon seasonal climactic 

conditions and regional gasoline volatility specifications. For the purposes of this discussion, 

“E51-83” refers to the fuel which meets the ASTM D5798-11 specifications.

EPA’s current fuel regulations at 40 CFR Parts 79 and 80 currently do not sufficiently 

address the fuel quality of E51-83. The blend is not considered to be gasoline, and therefore is 

not subject to registration under Part 79 and the various Part 80 gasoline fuel quality standards 

and regulations EPA has established over the years. Nevertheless, there are two requirements 

that are imposed on E51-83. The first is that under Section 211(f) of the CAA, all fuels and fuel 

additives introduced into commerce must be substantially similar (subsim) to the fuel used to 

certify vehicles. While the Agency is just now proposing regulatory requirements in the Tier 3 

rulemaking for E85 certification test fuel, both EPA and vehicle manufacturers have historically 

blended E85 certification fuel from denatured fuel ethanol and the gasoline used for certification 

testing with the addition of small amounts of butane in some cases. Thus for in-use E51-83 to be 

compliant with the Section 211(f) substantially similar provision, it must have similar chemical 

and physical characteristics with the fuel used in the emissions certification testing for FFVs. 

The second requirement on in-use E51-83 pertains to the type of gasoline that is appropriate for 

use in blending E51-83 in RFG areas. The Agency issued guidance which states that any 

gasoline or reformulated blendstock for oxygenate blending (RBOB) used to manufacture E51-

83 must be in compliance with the applicable reformulated gasoline regulations.5 The Agency 

believes that the use of finished gasoline and blendstocks for oxygenate blending (BOBs) as 

E51-83 blendstocks ensures E51-83 quality and prevents inappropriate blending components 

(e.g., chemical wastes, metals, or certain hydrocarbons atypical of gasoline) from being used in 

the production of E51-83. Use of these blendstocks would also help ensure that E51-83 meets 

the necessary sulfur levels we are proposing in the Tier 3 proposed rule. However, the use of 

only these relatively low-volatility blendstocks sometimes interferes with expansion of E51-83 

 

3

See 73 FR 22277, 22281 (April 25, 2008).

4 ASTM International D5798-11, “Standard Specification for Ethanol Fuel Blends for Flexible-Fuel Automotive 

Spark-Ignition Engines”.

5 Letter to Robert Sydney, Division of Energy Resources, Boston, MA, from James Caldwell, U.S. EPA, February 

15, 2006. 
3

into the marketplace by preventing blends at the upper range of the allowed ethanol content 

because such blends could not meet the minimum volatility requirements under ASTM D5798-

11. Prior to the 2011 update of the ASTM specifications, it was frequently not possible to 

manufacture “E85” that met both ASTM minimum volatility specifications, and the CAA subsim 

requirements & EPA guidance regarding the blendstocks that can be used in RFG areas. Using 

market gasoline, particularly in RFG or low-RVP areas caused the volatility to be too low in 

such instances. Although the ASTM update provided a compliance method for manufacturing 

E51-83 under most circumstances, the result is that less ethanol can be used in FFVs, because the 

ethanol concentration is forced down from 83 percent toward the 51 percent minimum. As a 

result, some marketers discontinued distributing “E85.” Other marketers began blending in 

“natural gasoline” or other light hydrocarbon streams, potentially running afoul of the CAA 

subsim requirements and EPA blending guidance.6

To address this situation, we believe that we need to prescribe requirements for E51-83 

that would enable the continued expansion into the marketplace. We also believe that E51-83 

should meet the same sulfur, RVP, and benzene standards otherwise applicable to gasoline as 

well as the “substantially similar” requirements. By establishing such requirements, we could 

allow the use of butane and natural gasoline liquids (NGL) to be used to manufacture E51-83.7 

Butane is commonly blended into gasoline and natural gasoline is one of the denaturants 

specified by ASTM for the manufacture of denatured fuel ethanol (DFE).8 The use of butane as 

a blendstock would allow E51-83 to be manufactured with sufficient volatility to meet the 

ASTM specifications while maximizing the ethanol content. There are existing regulations 

governing the use of butane as a gasoline blendstock which might be applied to the use of butane 

as an E51-83 blendstock. The use of NGL as an E51-83 blendstock would also be useful in 

manufacturing high-ethanol content E51-83 that meets ASTM minimum volatility specifications 

particularly at ethanol production facilities where natural gasoline is typically available but 

butane is currently not available. Since NGL and butane are less expensive than gasoline or 

BOBs, we anticipate that such a change could help to reduce the price of E51-83 relative to 

finished gasoline.9 We believe that the envisioned approach would ensure E51-83 meets the 

necessary fuel quality requirements as under our current policies, but with additional flexibility. 

We would need to consider whether an absolute limit on the amount of butane or NGL that could 

be blended into E51-83 would be necessary. Such a limit might be needed if there is evidence 

that butane and NGL could come out of solution too rapidly when used at high concentrations as 

an E85 blendstock.

 

6

Such natural gasoline was either sourced from natural gas liquids or as a blendstock from a refiner. The higher 

temperature boiling components of NGL are sometimes referred to as natural gasoline

7 NGL are components of natural gas that are separated from the gas state in the form of liquids. This separation 

occurs in a field facility, in a natural gas processing plant, in a natural gas liquids fractionation facility, or as a result 

of shipping natural gas by pipeline through absorption, condensation, adsorption, or another method. This 

discussion is focused on the potential for allowing natural gas liquids for use as an E51-83 blendstock but potentially 

could be applied to cover the use of natural gasoline blendstock from refiners. 

8 ASTM International D4806-11(a), “Standard Specification for Denatured Ethanol for Blending with Gasolines for 

Use as Automotive Spark-Ignition Engine Fuel”.

9

In January of 2013, the retail price of E85 was approximately 60 cents per gallon more than regular gasoline on an 

energy content adjusted basis. AAA Fuel Gauge Report 

http://fuelgaugereport.aaa.com/?redirectto=http://fuelgaugereport.opisnet.com/index.asp.
4

To meet the envisioned fuel quality standards, E51-83 producers would have two options. 

Under the first option, E51-83 producers would have to meet similar requirements to all existing 

requirements for gasoline refiners. This would mean that their product (E51-83) would have to 

meet the various fuel quality standards and they would have maximum flexibility in how they 

did so. However, they would be subject to sampling, testing, and reporting requirements for all 

batches of E51-83 they produce. In recognition of the associated compliance burden of the first 

option, we also developed a second option that would allow producers of E51-83 to reduce their 

burden if they only use blendstocks that meet certain specifications. Under either option the 

resulting E51-83 produced would be required to meet the downstream sulfur, RVP, and a 

benzene per-gallon cap standard in order to ensure emission performance over the life of the 

vehicles that use it. These two options are discussed in the following subsections. Under both of 

these options, EPA would be acting under its authority in section 211(c) of the CAA. Draft 

regulatory text to support the implementation of the two options discussed below is contained in 

Section 4 of this memorandum.

Under the renewable fuel program in section 211(o) of the CAA, EPA is required to 

adopt regulations that ensure that transportation fuel used in the United States contains specified 

volumes of different types of renewable fuel. Section 211(o)(1)(L) defines transportation fuel as 

fuel for use in motor vehicle engines, non-road vehicles, or nonroad engines (except for ocean 

going vessels). The EPA regulations that implement these requirements specify that refiners and 

importers of gasoline and diesel fuel are “obligated parties” that incur an annual obligation to use 

a volume of renewable fuel. This annual volume obligation is specified as a percentage of the 

gasoline or diesel that they produce or import.10 To the extent that natural gas liquids (or natural 

gasoline from refiners) were to be used in significant volumes as an E85 blendstock in the future, 

it may be appropriate for EPA to amend its RFS regulation to include the blenders of such 

blendstocks as an obligated party under the RFS program, and subject to an annual obligation to 

use a volume of renewable fuel, like refiners and importers of the fossil fuels gasoline and 

diesel.11

a. Option 1: Assume Full Responsibilities of a Refiner

Under the first option, the producer of the E51-83 would be subject to the same 10 ppm 

annual average sulfur standard proposed for refiners in the Tier 3 NPRM. The producer would 

be required to register with EPA and conduct batch testing to demonstrate compliance with the 

proposed 10 ppm standard. As noted earlier, FFVs are equipped with same catalysts to control 

emissions as are conventional gasoline vehicles and hence are subject to the same deleterious 

effects from fuel sulfur on catalyst efficiency.

Consistent with the Tier 3 proposal, E51-83 would have to meet the maximum RVP 

standards currently applicable for E0 gasoline from May 1 through September 15.12 Under the 

Tier 3 proposal, FFVs would be designed with the same evaporative control equipment that is 

used on conventional gasoline vehicles and certified on gasoline with 9 psi RVP. Therefore, we 

 

10 40 CFR 80.1405(c), 80.1406

11 This would also be the case to the extent that natural gasoline blendstocks from refiners and importers were to be 

used as an E85 blendstock.

12 See 40 CFR 80.27(a)(2) regarding the RVP requirements that in conventional gasoline areas and 40 CFR 80.41 

regarding the requirements that apply in reformulated gasoline areas.
5

believe that subjecting E51-83 to the maximum RVP standards applicable to E0 gasoline would 

be needed to ensure that such equipment functions properly in controlling vehicle evaporative 

emissions. 

We could also consider adopting the minimum RVP specifications established by ASTM 

for E51-83 throughout the year. Minimum volatility standards for gasoline have not been 

necessary since in-use gasoline is always well above the minimum necessary for proper vehicle 

operation. However, this has not been the case for in-use E85. A substantial number of samples 

of “E85” were found to be noncompliant with the minimum ASTM volatility specifications, 

which could lead to increased exhaust emissions in-use.13 ASTM set minimum volatility 

specifications on E51-83 for safety reasons and to ensure adequate startability and drivability 

which are critical for exhaust emission performance.14 Since rapid engine start-up, warm-up, and 

driveability is extremely important for vehicles to comply with the proposed Tier 3 exhaust 

emission standards, it may be important that EPA also impose minimum volatility standards for 

E51-83. 

Refiners and importers of gasoline are subject to a 0.62 volume percent annual average 

and 1.30 volume percent maximum average benzene standard in any averaging period.15 It is 

important to control the benzene content of all of the blendstocks used in gasoline. For this 

reason, we are requesting comments in the Tier 3 NPRM regarding whether EPA should adopt 

benzene standards for denatured fuel ethanol that are similar to those in place in the State of 

California.16 The same public health concerns that necessitate the control the benzene content of 

gasoline apply to E51-83. Therefore, EPA believes it would be appropriate to implement 

benzene standards for E51-83. However, given the virtual lack of benzene in ethanol, there is no 

need for the benzene standard for E51-83 to be as high as the standard for gasoline and therefore 

no need to impose the additional regulatory requirements associated with an average standard. 

Consequently, we believe it may be possible to set the benzene standard for E51-83 at a 0.20 

volume percent cap or even lower without imposing any burden rather than implementing an 

average annual benzene standard similar to that for gasoline. This would allow us to prevent the 

blending of inappropriate batches of hydrocarbon blendstocks (e.g., solvents and waste streams) 

into E51-83 in the distribution system. 

It is also important to ensure the fuel quality parameters other than sulfur, benzene, and 

RVP are adequately controlled in E51-83 blends. For gasoline, this is accomplished through 

compliance with the interpretive rule defining the phrase “substantially similar” in CAA section 

211(f)(1).17 We believe that it is appropriate to explicitly apply the relevant specifications that 

were considered when issuing the “substantially similar” definition to E51-83. These 

requirements are intended to prevent the introduction of atypical elements into the fuel system 

 

13 National 2010-2011 Survey of E85: CRC Project E-85-2, Teresa Allman, NREL/TP-5400-52905, December 

2011.

14 Meeting the ASTM minimum volatility requirements for E51-83 ensures that the vapor phase in fuel storage tanks 

is too rich to be flammable. 

15 40 CFR 80.1230(a).

16 California Code of Regulations, Title 13, Section 2262.9, “Requirements Regarding Denatured Ethanol Intended 

For Use as a Blend Component in California Gasoline” specifies a 10 ppm maximum sulfur content, 0.06 volume % 

maximum benzene content, 1.7 volume % maximum aromatic content, 0.5 volume % maximum olefin content for 

denatured fuel ethanol.

17 See 73 FR 22277, 22281 (April 25, 2008). 
6

that could degrade the performance of the emissions control system. This is equally important 

for flex-fuel vehicles as it is for conventional gasoline vehicles. Hence, we would require that 

E51-83 must be composed solely of carbon, hydrogen, nitrogen, oxygen, and sulfur, which is 

consistent with the composition of fuels used to certify FFVs. 

a. Option 2: Treatment as a Blender 

Due to the limitations in being able to add ethanol at the refinery and distribute ethanol 

blends through the fuel distribution system, in the early 1990s EPA developed a special set of 

regulations and guidance that apply to entities who are deemed to be refiners only because they 

blend ethanol into gasoline at terminals. These regulations allowed such downstream oxygenate 

blenders to be exempt from much of the regulatory burden otherwise placed on refiners while 

still ensuring the fuel quality standards are being met in use. Were it not for these downstream 

oxygenate blender provisions, the batch sampling, testing, and reporting burden that otherwise 

apply to refiners would have precluded ethanol blending to make E10. Ethanol is blended with 

gasoline to manufacture E10 as the fuel is being loaded in tank trucks at terminals for delivery to 

fuel retailers. Testing each truck load would be too costly and logistically impractical.

18

Since batches of E51-83 are also typically manufactured as the fuel is delivered into tank 

trucks, sampling, testing and reporting for all of the requisite parameters for all batches under 

option 1 could likewise be prohibitively expensive and logistically impractical. Numerous 

downstream entities such as terminals and bulk plants would be subjected to all of the fuel 

requirements for refiners. This could be both overly burdensome for industry and present an 

untenable compliance assurance challenge to EPA. Therefore, we have developed an alternative 

approach that could allow producers of E51-83 to avoid much of the burden while still ensuring 

that the fuel blends meet the necessary standards. This is similar to EPA’s current oxygenate 

blender requirements applicable to gasoline, and to the current guidance regarding the use of 

certain blendstocks to manufacture E51-83 in RFG areas but with additional flexibility as 

described below. 

Under this option, E51-83 manufacturers would be required to use gasoline (RFG in RFG 

areas, RFG or CG in non-RFG areas), gasoline blendstocks (RBOB in RFG areas, RBOB or 

CBOB in non-RFG areas), and denatured fuel ethanol (DFE), which are all currently allowed to 

today, but also would be permitted to use natural gas liquids (NGL) and butane if they were 

produced to certain standards. The E51-83 producer would need to use only these blendstocks 

and have records, such as product transfer documents (PTDs) indicating that the gasoline, BOB, 

DFE, or other product was produced subject to the applicable standards. E51-83 manufacturers 

under this option would be considered “E51-83 blenders”. The use of NGL or butane that does 

not meet the specifications and quality control requirements discussed below in sections 1.i. and 

1.ii., or other nonapproved blendstocks in the production of E51-83 would mean that the 

manufacturer of E51-83 would need to comply with the requirements under option 1. 

 

18 For example, detaining tank trucks at terminals awaiting the results of testing could introduce unacceptable delay 

into the fuel distribution system. 
7

Under this option the finished E51-83 would be subject to the proposed downstream 

sulfur cap for gasoline of either 65 ppm or 95 ppm.19 Based on the sulfur specifications for the 

blendstocks of the E51-83 blend (as discussed below), however, we believe that the actual sulfur 

content would be at or below 10 ppm on average.20 Similarly, the blendstock specifications 

would ensure that in-use benzene levels for E51-83 would be well below the per-gallon cap of 

0.20 volume percent or less discussed in option 1. For this reason, testing of the final blend for 

sulfur and benzene would not be necessary.

 Under this second option there would be additional recordkeeping requirements. 

Producers of E51-83 would need to maintain PTDs as evidence that only blendstocks meeting 

the envisioned specifications have been used. They would also have to perform standard quality 

assurance activities that downstream parties typically conduct to meet their affirmative defenses 

to presumptive liability when EPA discovers a violation of fuel quality standards. For blenders 

that use only gasoline, BOB’s, and DFE to produce E51-83, demonstration of compliance with 

the maximum RVP standard under consideration could be accomplished by retention of PTDs 

for the blendstocks. This is because the gasoline/BOBs used would be in compliance with the 

maximum RVP standard due to the existing RVP requirements for gasoline, and all ethanol 

blends from E51 through E83 would have a lower RVP than that of the gasoline or BOB used 

due to ethanol blending characteristics.21 If NGL and/or butane were used to manufacture E51-

83, demonstration of compliance with a maximum RVP requirement could not be accomplished 

merely by retention of PTDs. In this situation, E51-83 blenders would still need to sample and 

test the RVP of each batch of E51-83 to ensure compliance with a maximum RVP standard. 

However, it may be possible to avoid sampling and testing for RVP as well. RVP models 

exist that could perhaps be developed further to avoid the need for sampling and testing for RVP 

when NGL or butane were used, but they are not yet applicable to these blends.22 Were they to 

be developed, then the E51-83 producer would not need to sample and test for RVP, but they 

would need to know the RVP of all the blendstocks used, which means PTDs for the blendstocks 

would need to contain this information. 23 The E51-83 producer would also have to report the 

calculated RVP of the E51-83 on its PTD. It is common practice for NGL producers to test the

RVP of each batch of NGL they produce in order to grade their product. As a result, requiring 

the RVP to be reported on PTDs for NGL should not represent a significant additional burden. It 

may be possible to use an assumed RVP of 2.5 psi for DFE since we believe that the actual RVP 

of different batches of DFE may not vary significantly.24 Likewise, we believe that it may be 

appropriate to use an assumed RVP of 52 for butane if a model could be used to predict the 

impact of butane blending on RVP.

 

19 In the Tier 3 proposal, we requested comment on whether to adopt a 65ppm downstream sulfur cap or to maintain 

the current 95ppm cap.

20 Blenders could receive occasional batches of gasoline or gasoline blendstocks for oxygenate blending (BOBs) that 

are near the 65 or 95 downstream sulfur cap proposed in the Tier 3 NPRM for use in the manufacture of E51-83.

21 SAE International Technical Paper Series 2007-01-4006, “ A Model for Estimating the Vapor Pressures of 

Commingled Ethanol Fuels, Sam R. Reddy, General Motors Research and Development Center. 

22 SAE International Technical Paper Series 2007-01-4006, “ A Model for Estimating the Vapor Pressures of 

Commingled Ethanol Fuels, Sam R. Reddy, General Motors Research and Development Center. 

23 Following is an example of such a PTD for NGL: Natural gasoline liquids. Meets EPA standards for natural gas 

liquids for use by an E51-83 blender. Cannot be sold as gasoline, RBOB, or CBOB EPA. RVP = fill in value

24 The limitation on the maximum allowed denaturant content of DFE of 2.5 volume percent proposed in the Tier 3 

would limit the variability in the RVP of DFE.
8

Even when it is not possible to eliminate the need to sample and test for RVP, it may be 

possible to limit the amount of testing required. The RVP of E51-83 batches at a given blend 

ratio remains essentially constant if the same grades of gasoline, BOBs, or NGL are used. Given 

this, stakeholders suggested that it might be sufficient to accept less frequent than per-batch 

testing as long as the same batches of gasoline, gasoline BOBs, or NGL are used to manufacture 

E51-83. The approach is based on the procedures industry follows to ensure compliance with 

gasoline RVP requirements during the time when gasoline RVP levels are phased down in 

preparation for lower summertime volatility requirements. Under this approach, after RVP tests 

had been conducted on two consecutive batches of E51-83 at a given ethanol blend ratio which 

show compliance, the frequency of RVP testing could be reduced to once every other day until 

different gasoline, BOBs, or NGL were added to the storage tank used to produce E51-83. To 

further ensure compliance, one test per shift (every 8 hours) might be required if a test showed a 

compliance margin with the RVP standard 0.5 RVP or less.25 Less frequent than per batch RVP 

testing could only be possible if the hydrocarbon blendstock used to produce E51-83 was drawn 

from a single storage tank that was well mixed to ensure uniform blendstock composition 

throughout the tank. Per batch testing would also be required if butane was used to manufacture 

E51-83. 

We would also need to consider whether the delivery of a new batch of DFE to a storage 

tank used to produce E51-83 would necessitate a return to more frequent RVP testing for E51-83 

production batches. Such an approach would be appropriate if the RVP of different batches of 

DFE varies substantially. We do not believe that this would be the case. The Alcohol and 

Tobacco Tax and Trade Bureau (TTB) of the U.S. Treasury Department requires that denatured 

fuel ethanol contain a minimum of 1.96 volume percent denaturant. The Tier 3 NPRM includes 

a proposal to limit the maximum denaturant content of DFE to 2 volume percent. If this proposal 

is finalized, the variability in the denaturant content of DFE would be 0.54 volume percent given 

rounding. Given the proposal in the Tier 3 NPRM to limit the denaturants that can be used to 

manufacture DFE to NGL, gasoline, and BOBs, and the narrow range in denaturant 

concentration, we believe that the RVP of different batches DFE would not vary substantially. 

Therefore, we currently do not believe that deliveries of new batches of DFE into the storage 

tank used to produce E51-83 would necessitate a return to per batch testing. 

i. Standards for Butane for use by Blenders to Produce E51-83 

There are different specifications and quality control requirements for commercial versus 

non-commercial grade butane blended into gasoline today.26 The specifications and quality 

control requirements that we are considering for butane used to produce E51-83 would parallel 

those for butane blended into gasoline. The following specifications would apply to noncommercial grade butane that is used as a blendstock to produce E51-83 under option 2: 

maximum 10 ppm sulfur, maximum 0.03 volume percent benzene, maximum 10.0 volume 

percent olefins, and maximum 2.0 volume percent aromatics. If commercial grade butane is 

used, it would have to meet: maximum 10 ppm sulfur, maximum 0.03 volume percent benzene, 

maximum 1.0 volume percent olefins, and maximum 2.0 volume percent aromatics. The 

standards for benzene, olefins, and aromatics under consideration for butane blended into E51-83 

 

25 The “compliance margin” refers to the difference between the test result and the standard. 

26 40 CFR 80.82.
9

are the same as the current standards for butane blended into gasoline.27 The current sulfur level 

for butane blended into gasoline is capped at 30 ppm, which reflects the current Tier 2 refinery 

average sulfur standard.28 The Tier 3 NPRM proposes to lower the butane sulfur cap to 10 ppm 

to be consistent with the proposed 10-ppm refinery average sulfur standard. No registration or 

other requirements for manufacturers of butane blendstocks would be needed given the relatively 

simple composition of butane and the successful application of the current requirements for 

butane blended into gasoline. However, similar to the requirements for blenders of butane into 

gasoline, producers of E51-83 who choose to use non-commercial grade butane to manufacture 

E51-83 would be required to conduct a quality assurance program by sampling and testing the 

butane obtained from each separate butane supplier in order to demonstrate that the butane meets 

the standards.29

ii. Standards for Natural Gas Liquids for use by Blenders to Produce E51-83

Production of E51-83 under option 2 using NGL blendstocks would require that the NGL 

blendstock, like butane, meet a 10-ppm per-gallon sulfur cap. Data on current sulfur levels of 

NGL is not readily available. The limited data available to EPA indicates that NGL sulfur levels 

vary considerably, with some batches below 10 ppm sulfur and others substantially in excess of 

10 ppm.30 To the extent that NGL would be used as a gasoline blendstock in the future, a portion 

of the NGL pool may need to be desulfurized to meet the proposed 10 ppm gasoline sulfur 

standard in the Tier 3 NPRM or a portion of the NGL pool that is already less that 10 ppm sulfur 

would need to be segregated. Such a low-sulfur grade of NGL could then be used in the 

manufacture of E51-83 as well as by refiners that produce gasoline. 

It may be possible to consider a higher sulfur standard for NGL used to produce E51-83 

if other assurances can be provided to ensure that the E51-83 blender meets the sulfur standard 

on average. However, requiring blenders to demonstrate compliance with a 10 ppm average 

sulfur standard might necessitate sulfur testing at the blender level that the approach under option 

2 seeks to avoid. Additional quality data on current NGL batches would be useful in helping to 

consider whether a higher sulfur specification for NGL might facilitate the use of NGL as an 

E51-83 blendstock while meeting our E51-83 fuel quality goals. NGL fuel quality data would 

also be useful in helping to determine what additional NGL quality specifications may be 

appropriate. The limited data we have available on the benzene content of NGL show samples 

with as high as 2 volume percent benzene, indicating that that regulatory control of benzene 

would be needed. Similar to the envisioned 0.20 volume percent benzene cap for butane, we 

would look to implement a 0.20 volume percent benzene cap standard for NGL rather than an 

average standard in order to simplify the regulatory requirements. If olefin and aromatic 

 

27 Industry worked with EPA to develop the specifications for non-commercial grade and commercial grade butane 

contained in the Tier 2 program. Butane produced from natural gas processing plants typically meets the standards 

for commercial-grade butane, and butane produced from refineries typically meets the standards for commercialgrade butane. The current standards for commercial- grade butane blended into gasoline are as follows: maximum 

30 ppm sulfur, maximum 0.03 volume percent benzene, maximum 1 volume percent olefins, and maximum 2 

volume percent aromatics. 40 CFR 80.82.

28 40 CFR 80.195.

29 Other affirmative defenses to presumptive liability would also apply to when both noncommercial grade and 

commercial grade butane was used. 

30 Specifics regarding these data were claimed as confidential business information by the companies that provided 

the data to EPA.
10

specifications are necessary, we would consider specifications based on those for noncommercial grade butane.31 The NGL for use in E51-83 would also have to be composed only of 

carbon hydrogen, nitrogen, oxygen, and sulfur pursuant to the earlier discussion on substantially 

similar definition, under section 211(f). Since NGL properties from different sources can vary 

widely, under option 2, we may also need to consider restricting the sources of NGL to natural 

gas liquids fractionation facilities and natural gas processing plants to ensure an appropriate level 

of quality control. We understand that the quality of NGL produced from condensation in 

pipelines may be more subject to potential contamination (e.g. with residual polychlorinated 

biphenyl (PCB) that was previously used as a lubricant).32 Hence, it may be necessary to 

implement additional quality controls for such NGL. Due to the greater potential for variability 

in the composition of natural gas liquids (NGL), we would need to require registration and batch 

testing requirements for producers of NGL that is used to manufacture E51-83. As with butane, 

we would need to consider whether an absolute limit on the amount of NGL that could be used 

as an E85 blendstock if there is evidence that NGL could come out of solution too rapidly when 

used at high concentrations as an E85 blendstock.

2. Standards for Mid-Level Ethanol Blends (E16-50)

As discussed earlier, whether FFVs are operating on clear gasoline (E0), E85, or any 

level of ethanol in between, to maintain emission performance these vehicles need the fuel to 

meet certain quality specifications. For this reason, we believe it is important that mid-level 

ethanol blends meet the same standards that apply to E0-E15 gasoline. 

Our various standards for gasoline apply to any fuel sold for use in motor vehicles, which 

is commonly or commercially known or sold as gasoline. In the fuel and fuel additive (F&FA) 

registration program, the gasoline family includes fuels composed of at least 50 percent clear 

gasoline by volume.33 As a result, mid-level ethanol blends of E16-50 are logically viewed as 

gasoline blends and are currently subject to gasoline standards. However, such fuels currently 

can only be used in FFVs. Therefore, there are two separate options for specifying standards that 

apply to E16-50 blends. First, we could treat E16-50 (and any other fuel blend that is at least 

50% gasoline) as gasoline under our regulations and clarify that gasoline means any blend that 

contains 50 percent or more gasoline. The draft regulations at §80.1606 clarifies this existing 

approach to implementing our regulations. Under this approach, all of the Clean Air Act 

provisions that apply to gasoline, such as section 211(h) of the CAA with respect to the 

regulation of RVP, and EPA’s regulations of gasoline such as those under section 211(c) with 

respect to the regulation of other fuel parameters. Fuels designated as motor vehicle gasoline are 

subject to the fuel and fuel additives (F&FA) registration program pursuant to the requirements 

of 40 CFR Part 79. Hence, under this approach E16-E50 blends would be required to register 

under the F&FA program and be subject to the associated heath effects testing requirements prior 

to their introduction into commerce. 

Alternatively, we could treat E16-50 as an alternative fuel used in FFVs. This would be a 

deviation from our existing regulations, but could be done under our existing 211(c) authority. 

 

31 The specifications for non-commercial grade butane are located at 40 CFR 80.82.

32 Polychlorinated Biphenyls (PCBs); Reassessment of Use Authorizations, 

http://yosemite.epa.gov/opei/rulegate.nsf/byRIN/2070-AJ38

33 40 CFR 79.56(e)(1)(i).
11

Section 211(h) applies to the control of gasoline RVP. Hence, under this option we would be 

acting under the authority of 211(c) to enact RVP control for E16-50. We would take the same 

approach for E16-50 as discussed above for E51-83 with respect to sulfur, benzene, RVP 

standards, and substantially similar requirements under section 211(f). Under such an approach, 

the draft regulations written to address E51-83 might be modified to cover E16-50 blends by 

replacing “E51”with “E16”. Draft regulations focused only on implementing control of the 

sulfur content of E16-50 are contained in Section 4 of this memorandum. Given that E16-E50 

would not be considered gasoline under this approach, and as such not subject to the F&FA 

registration requirements, we would need to consider designating these blends as requiring such 

registration and testing. Should EPA grant a waiver in the future to allow an ethanol blend 

greater than E15 to be used in conventional gasoline vehicles, that blend would no longer be 

considered an alternative fuel and would be subject to the suite of EPA regulatory requirements 

that apply to gasoline.

3. Gasoline Deposit Control Requirements for E51-83 and E16-50

The current deposit control regulations require that the gasoline portion of E51-83 and 

E16-50 must contain a certified deposit control additive at a concentration at least as great as that 

used during gasoline deposit control additive certification testing (referred to as the Lowest 

Additive Concentration or LAC).34 The addition of ethanol to gasoline additized at the LAC to 

produce E51-83 and E16-50 results in an additive concentration that is lower than the LAC. 

EPA is not aware of data on the deposit control needs of FFVs that operate on E51-83 and E16-

50. It is unclear the extent to which the current requirements are effective in aiding the control 

of deposits in FFV engine and fuel supply systems that result from the use of E51-83 and E16-

50. Stakeholders have stated that as additive concentration diminishes due to dilution with DFE, 

there is a point where the presence of a deposit control additive ceases to be beneficial and can 

actually contribute to deposit formation. In light of this, it may be appropriate to remove the 

requirement that the gasoline portion of E51-83 and perhaps E16-50 must contain a deposit 

control additive until the specific deposit control needs of these blends can be evaluated. Thus, 

detergency may be the one gasoline standard that would not be extended to E16-83 blends, at 

least at first. Were we to remove the current requirement, changes to the volumetric additive 

reconciliation (VAR) provisions of the program that are used by additive blenders to demonstrate 

that they have used at least the LAC would also be needed. Such changes would reflect that 

gasoline used in the manufacture of E51-83 (and potentially E16-E50) would be excluded from 

the determination of compliance with the VAR requirements.

4. Draft Regulatory Text

To provide a clear understanding of what standards for E16-83 might entail and what the 

implications might be, we have developed the following draft regulatory text regarding the 

discussed sulfur requirements. These draft regulatory provisions would be in addition to the 

proposed regulatory text in the Tier 3 NPRM. The changes in addition to the proposed 

regulatory text in the Tier 3 NPRM are indicated in redline and strikeout text. Note that the 

numbering of the amendments is that contained in the Tier 3 proposal and that the sections that 

would remain unchanged have not been reproduced here.

 

34 40 CFR 80.161(a)(3).
12

For the reasons set forth in the preamble, part 80 of title 40, chapter 1 of the Code of 

Federal Regulations is amended as follows:

Part 80-REGULATION OF FUEL AND FUEL ADDITIVES

1. The authority citation for part 80 continues to read as follows:

Authority: 42 U.S.C., 7414, 7521(l), 7545, and 7601(a).

2. Section 80.2 is amended by:

a. Revising paragraph (d).

b. Revising paragraph (w).

c. Revising paragraph (z).

d. Adding paragraphs (vvv), (www), (xxx), (yyy), (zzz), and (aaaa), (bbbb), (cccc), 

(dddd) and (eeee).

§ 80.2 Definitions.

* * * * *

(d) Previously certified gasoline, or PCG, means gasoline, RBOB or CBOB that 

previously has been included in a batch of gasoline for purposes of complying with the standards 

of 40 CFR part 80 that apply to refiners and importers.

* * * * *

(w) Cetane Index or “Calculated cetane index” is a number representing the ignition 

properties of diesel fuel oils from API gravity and mid-boiling point, as determined by ASTM 

International standard method D976-06(2011), entitled, “Standard Test Method for Calculated 

Cetane Index of Distillate Fuels”, approved October 1, 2011. ASTM International test method 

D976-06(2011) is incorporated by reference. This incorporation by reference was 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 ASTM International, 100 Barr Harbor Dr., West Conshohocken, 

PA 19428-2959. Copies may be inspected at the Air Docket, EPA/DC, EPA West, Room B102, 

1301 Constitution Ave., NW, Washington, D.C., 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.

* * * * *

(z) Aromatic content is the aromatic hydrocarbon content in volume percent as 

determined by ASTM International standard test method D1319-10, entitled, “Standard Test 

Method for Hydrocarbon Types in Liquid Petroleum Products by Fluorescent Indicator 

Adsorption”, approved May 1, 2010. ASTM International test method D1319-10 is incorporated 

by reference. This incorporation by reference was 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 

ASTM International, 100 Barr Harbor Dr., West Conshohocken, PA 19428-2959. Copies may 

be inspected at the Air Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW, 
13

Washington, D.C., 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.

* * * * *

(vvv) Denatured Fuel Ethanol (DFE) means an alcohol of the chemical formula C2H6O 

which contains a denaturant to make it unfit for human consumption, that is used as an additive 

in gasoline or as a component in the manufacture of E51-83, and that meets the requirements of 

40 CFR 80.1610.

(www) Oxygenate manufacturer means any person who owns, leases, operates, controls, 

or supervises an oxygenate production facility.

(xxx) Oxygenate Production Facility means any facility where oxygenate is produced.

(yyy) CBOB means gasoline blendstock that becomes conventional gasoline solely upon 

the addition of oxygenate.

(zzz) Natural Gas Liquids (NGL) means the components of natural gas (primarily 

propane, butane, pentane, hexane, and heptane) that are separated from the gas state in the form 

of liquids in a natural gas liquids fractionationproduction facility, or in a natural gas processing 

plant, or in a natural gas pipeline. The higher temperature boiling components of NGL areis

sometimes also referred to as “natural gasoline”.

(aaaa) 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.

(cccc) E51-83 means the fuel for use in ethanol fueled flexible fuel vehicles that meets 

the requirements in ASTM D5798 - 11 Standard Specification for Ethanol Fuel Blends for 

Flexible-Fuel Automotive Spark-Ignition Engines”, and the requirements in this subpart.

(dddd) E51-83 production facility means any facility, including but not limited to, a plant, 

tanker truck, or vessel where E51-83 is produced, including any facility at which blendstocks are 

combined to produce E51-83, or at which blendstock is added to E51-83.

(eeee) E51-83 Blender means any person who owns, leases, operates, controls, or 

supervises an E51-83 production facility that produces E51-83 in compliance with the 

requirements of §80.1611.

(ffff) E51-83 Refiner means any person who owns, leases, operates, controls, or 

supervises an E51-83 production facility that produces E51-83 by means other than those 

described in §80.1611.

37. A new Subpart O is added to part 80 to read as follows:
14

Subpart O—Gasoline Sulfur

§80.1600 Definitions for subpart O.

§80.1601 Fuels subject to the provisions of this subpart.

§80.1602 Implementation dates for refiners and importers.

§80.1603 Gasoline sulfur standards for refiners and importers.

§80.1604 Gasoline and E51-83 sulfur standards and requirements for parties downstream of 

refiners and importers.

§80.1605 Deficit carry-forward for refiners and importers.

§80.1606 [Reserved]Standards and requirements for E16-50.

§80.1607 Gasoline sulfur standards and requirements for transmix processors and transmix 

blenders.

§80.1608 [Reserved]Standards and requirements for E51-83.

§80.1609 Blender rRequirements for gasoline oxygenate blenders.

§80.1610 Standards and requirements for producers of denatured fuel ethanol and other 

oxygenates for use by gasoline oxygenate blenders, and E51-83 blenders.

§80.1611—80.1612 [Reserved]

§80.1611 Blended E51-83 requirements.

§80.1612 Standards and requirements for natural gas liquids blendstock used by E51-83 

blenders.

§80.1613 Standards and other requirements for manufacturers and blenders of gasoline 

additives used in gasoline and E51-83 manufacturers and blenders.

§80.1614 [Reserved]

§80.1615 Credit generation.

§80.1616 Credit use and transfer.

§80.1617—80.1619 [Reserved]

§80.1620 Small refiner definition.

§80.1621 Small volume refinery definition.

§80.1622 Approval for small refiner and small volume refinery status.

§80.1623—80.1624 [Reserved]

§80.1625 Hardship provisions.

§80.1626—80.1629 [Reserved]

§80.1630 Sampling and testing requirements.

§80.1631 Sample retention requirements.

§80.1632—80.1639 [Reserved]

§80.1640 Standards and requirements that apply to refiners producing gasoline by blending 

blendstocks into previously certified gasoline (PCG).

§80.1641 Alternative sulfur standards and requirements that apply to importers who 

transport gasoline by truck.

§80.1642—80.1649 [Reserved]

§80.1650 Registration.

§80.1651 Product transfer document requirements.

§80.1652 Reporting requirements.

§80.1653 Recordkeeping.

§80.1654 California gasoline requirements.

§80.1655 National security exemptions.
15

§80.1656 Exemptions for gasoline used for research, development, or testing purposes.

§80.1657 [Reserved]

§80.1658 Requirements for gasoline for use in American Samoa, Guam, and the 

Commonwealth of the Northern Mariana Islands.

§80.1659 [Reserved]

§80.1660 Prohibited acts.

§80.1661 What evidence may be used to determine compliance with the prohibitions and 

requirements of this subpart and liability for violations of this subpart?

§80.1662 Liability for violations under subpart O.

§80.1663 Defenses for a violation of a prohibited act under subpart O.

§80.1664 [Reserved]

§80.1665 Penalties.

§80.1666 Additional requirements for foreign small refiners and foreign small volume 

refineries.

§80.1667 Attest engagement requirements.

§80.1668—80.1674 [Reserved]

§80.1675 Incorporation by reference.

§80.1601 Fuels subject to the provisions of this subpart.

(a) For the purposes of this subpart, the following fuels are subject to the standards and 

requirements of this subpart:

(1) Reformulated and conventional gasoline and RBOB, and CBOB (collectively called 

“gasoline” unless otherwise specified).

(2) Any blendstock (not including oxygenates) blended with PCG, as defined in §80.2(d), 

subject to the provisions of §80.1640.

(3) Oxygenates blended with gasoline, RBOB, or CBOB. 

(4) E51-83

(b) For the purposes of this subpart, the following fuels are not subject to the standards 

and requirements of this subpart:

(1) Gasoline that is used to fuel aircraft, racing vehicles or racing boats that are used only 

in sanctioned racing events, provided that:

(i) Product transfer documents associated with such gasoline, and any pump stand from 

which such gasoline is dispensed, identify the gasoline either as gasoline that is restricted for use 

in aircraft, or as gasoline that is restricted for use in racing motor vehicles or racing boats that are 

used only in sanctioned racing events;
16

(ii) The gasoline is completely segregated from all other gasoline throughout production, 

distribution and sale to the ultimate consumer; and

(iii) The gasoline is not made available for use as motor vehicle gasoline, or dispensed for 

use in motor vehicles, except for motor vehicles used only in sanctioned racing events.

(2) California gasoline as defined in §80.1600 subject to the provisions of §80.1654.

(3) Gasoline that is exported for sale and use outside the U.S.

(4) Exempt fuels under §§80.1655 (national security exemptions), 80.1656 (gasoline used 

for research, development, or testing purposes), and 80.1658 (gasoline used in American Samoa, 

Guam, and the Northern Mariana Islands).

§80.1604 Gasoline and E51-83 sulfur standards and requirements for parties downstream 

of refiners and importers.

(a) The sulfur standard for gasoline and E51-83 at any downstream location shall be 

determined in accordance with the provisions of this section. A downstream location is any 

point in the gasoline and E51-83 distribution system downstream from refineries and import 

facilities, including, but not limited to, facilities of any of the following parties:

(1) Distributors.

(2) Carriers.

(3) Oxygenate blenders.

(4) Retailers.

(5) Wholesale purchaser-consumers.

(b) Except as otherwise provided in this subpart O, the sulfur content of gasoline and

E51-83 at any downstream location shall not exceed 95 ppm, on a per-gallon basis, beginning 

January 1, 2017.

§80.1606 [Reserved]Standards and requirements for E16-50.

(a) The sulfur content of E16-50 at any location must comply with the requirements of

§80.1604.

(b) Beginning November 1, 2017, only the following blendstocks may be used to 

manufacture E16-50:

(1) Gasoline or blendstocks for oxygenate blending that met the sulfur content 

requirements of §80.1603.
17

(2) Oxygenate that meets the sulfur requirements of §80.1610.

(3) E51-83 that meets the sulfur requirements of §80.1608.

§80.1608 [Reserved]Standards and requirements for E51-83.

(a) The standards and requirements in paragraph (b) of this section apply to E51-83 

manufactured by a party that qualifies as an E51-83 blender under §80.1611. Parties that 

manufacture E51-83 that do not meet the requirements of an E51-83 blender are subject to all of 

the requirements applicable to a refiner in this subpart including those in paragraph (c) of this 

section.

(b) E51-83 manufactured by a party that qualifies as an E51-83 blender must satisfy the 

requirements of this section.

(1) Each batch must comply with the same downstream cap on maximum sulfur content 

specified for gasoline in §80.1603(a)(2).

(2) The benzene content of each batch must not be greater than 0.20 volume percent.

(3) Each batch must be composed only of carbon, hydrogen, nitrogen, oxygen, and sulfur.

(4) The Reid vapor pressure of each batch of E51-83 must comply with the same 

standards applicable for gasoline in §80.1627(a)(2). 

(i) Parties that use only denatured fuel ethanol that meets the requirements of §80.1610, 

gasoline that meets the requirements of this subpart, and gasoline blendstocks for oxygenate 

blending that meet the requirements of this subpart to produce E51-83 may demonstrate 

compliance with the Reid vapor pressure requirements in this section by retaining the product 

transfer documents for these blendstocks for 5 years and making them available to EPA upon 

request. 

(ii) Parties that use butane and/or natural gas liquids in the manufacture of E51-83 must 

demonstrate compliance with the Reid vapor pressure requirements of this section by testing in 

accordance with the requirements of §80.1630.

(c) E51-83 manufactured by a party that does not qualify as an E51-83 blender under 

§80.1611 must satisfy the requirements in this paragraph (c) of this section in addition to the 

other requirements for a refiner under this subpart

(1) Registration. A producer of E51-83 must register with EPA pursuant to the 

requirements of §80.76.

(2) E51-83 Composition. A producer of E51-83 must attest that the E51-83 it produces is 

composed solely of carbon, hydrogen, nitrogen, oxygen, and sulfur.
18

(3) Benzene Standard. The benzene content of each production batch of E51-83 must not 

exceed 0.20 volume percent as determined in accordance with the test requirements at §80.1632.

(4) Average sulfur standard. The volume weighted average sulfur content of batches of 

E51-83 produced during a calendar year must meet the requirements specified for gasoline in 

§80.1603(a)(1). 

(5) Per batch sulfur cap. Each batch of E51-83 must meet the maximum sulfur content 

specifications applicable to a gasoline refiner at §80.1603(a)(2).

(6) Reid vapor pressure standard. The Reid vapor pressure of each batch of E51-83 must 

comply with the same standards applicable for gasoline in §80.1627(a)(2). Demonstration of 

compliance with the RVP requirements must be determined by testing in accordance with the test 

requirements at §80.1630.

§80.1610 Standards and requirements for producers of denatured fuel ethanol and other 

oxygenates for use by gasoline oxygenate blenders.

Beginning January 1, 2017, producers of denatured fuel ethanol (DFE) or other oxygenates for 

use by oxygenate blenders under §80.1609 and E51-83 blenders under §80.1611 must comply 

with the following requirements:

(a) Standards.

(1) The sulfur content must not be greater than 10 ppm as determined in accordance with 

the test requirements of §80.1630.

(2) The DFE or other oxygenate must be composed solely of carbon, hydrogen, nitrogen, 

oxygen and sulfur.

(3) In the case of DFE, only gasoline, RBOB, CBOB, or natural gas liquids may be used 

as denaturants. 

(4) The concentration of all denaturants used in DFE is limited to a maximum of 2.5 

volume percent.

(b) Registration. Unless registered under §80.1450, the producer of DFE or other 

oxygenate must register with EPA pursuant to the requirements of §80.1650. 

(c) PTDs. The producer of DFE or other oxygenate must initiate a PTD for each batch of 

DFE or other oxygenate that it ships from its facility which contains the statement in either 

paragraph (c)(1) or (c)(2) of this section, as applicable. 

(1) For DFE, “Meets EPA standards for denatured fuel ethanol for use in gasoline and 

E51-83”; or
19

(2) For oxygenates other than DFE, “Meets EPA standards for motor fuel oxygenates for 

use in gasoline and E51-83” 

(3) PTDs that are complaint with the requirements in paragraph (c) of this section must 

be transferred from each party transferring oxygenate to each party that receives oxygenate 

through to the oxygenate blender. 

(d) Every batch of oxygenate produced or imported at oxygenate production or import 

facility shall be assigned a number (the “batch number”), consisting of the EPA-assigned 

oxygenate 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, 4321–543321–95–000002, etc.)

§§80.1611 —80.1612 [Reserved] Blended E51-83 requirements.

A manufacturer of E51-83 who satisfies the requirements in this section is subject to the 

requirements and prohibitions applicable to downstream parties and the prohibition specified in 

§80.1660. Such an E51-83 blender must only use only the following blendstocks to produce 

E51-83:

(a) Gasoline that meets the requirements of this subpart. In reformulated gasoline areas, 

only reformulated gasoline may be used.

(b) Gasoline blendstocks for oxygenate blending that meets the requirements of this 

subpart. In reformulated gasoline areas, only reformulated blendstock for oxygenate blending 

may be used.

(c) Denatured fuel ethanol that meets the requirements of §80.1610.

(d) Natural gas liquids that meet the requirements of §80.1612.

(e) Butane that either meets the requirements for commercial grade butane in §80.82(c) 

or the requirements for noncommercial grade butane in §80.82(d). If non-commercial grade 

butane is used, the E51-83 blender must conduct a quality assurance program that meets the 

requirements of §80.82(b)(1)(i) and (ii). 

§80.1612 Standards and requirements for natural gas liquids blendstock used by E51- 83 

blenders.

(a) A producer or importer of NGL for use in the manufacture of E51-83 by blenders 

under §80.1611 must satisfy the requirements in this paragraph.

(1) Registration. Register with EPA pursuant to the requirements of §80.1650.
20

(2) NGL Composition. Certify that the NGL it produces is composed solely of carbon, 

hydrogen, nitrogen, oxygen, and sulfur. 

(3) Sulfur standard. Demonstrate that the sulfur content of each production batch of NGL 

is not greater than 10 ppm as determined in accordance with the test requirements at §80.1630.

(4) Benzene Standard. Demonstrate that the benzene content of each production batch of 

NGL is not greater than 0.03 volume percent as determined in accordance with the test 

requirements at §80.1630.

(5) Sources of natural gas liquids. Certify that the NGL was derived solely of from 

natural gas liquids fractionation facilities and natural gas processing plants.

(6) PTDs. Initiate a PTD for each batch of NGL which states: “Meets EPA standards for 

natural gas liquids for use by an E51-83 blender. Cannot be sold as gasoline, RBOB, or 

CBOB.”.

(7) Every batch of NGL produced or imported at an NGL production or import facility 

shall be assigned a number (the “batch number”), consisting of the EPA-assigned NGL 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, 4321–543321–95–000002, etc.)

(b) NGL and E51-83 made from NGL cannot be sold as gasoline or E16 or be 

commingled with gasoline or E16-50 and subsequently sold as gasoline or E16-50.

§80.1613 Standards and other requirements for gasoline additive manufacturers and 

blenders of additives used in gasoline and E51-83.

Gasoline additive mManufacturers and blenders of additives used in gasoline and E51-83 must 

meet the following requirements:

(a) Gasoline aAdditive manufacturers, as defined in §79.2(f), must meet the following 

requirements: 

(1)(i) Except as otherwise provided, this section applies to any additive, as defined in 

§79.2(e), manufactured for use in gasoline or E51-83 that is not an oxygenate compound, and 

that is sold for use at a concentration of less than 1.0% by volume. 

(ii) Oxygenate compound additives subject to the 10 ppm per-gallon sulfur standard and 

the requirements of §80.1610 are not subject to the provisions of this section except for the 

provisions of paragraph (b)(1) of this section.
21

(2) The additive must contribute no more than 3 ppm on a per gallon basis to the sulfur 

content of gasoline or E51-83 when used at the maximum recommended treatment rate.

(3) The additive manufacturer must maintain records of its additive production quality 

control activities which demonstrates that the sulfur content of additive production batches 

complies with the sulfur requirement in paragraph (a)(1) of this section and make these records 

available upon request.

(4) The maximum treatment rate on the product transfer document for the additive must 

state all the following: 

(i) The maximum registered concentration.

(ii) The maximum allowed treatment rate which corresponds to the maximum registered 

concentration. The maximum allowed concentration must comply with the requirements in 

paragraph (a)(2) of this section.

(b) The following provisions apply to parties who are downstream of the gasoline refiner 

or importer and who blend additives to gasoline, RBOB or CBOB and who are not refiners.

(1) On any occasion where the additive blender is solely acting as an oxygenate blender, 

as defined in §80.2(mm), it is subject to the prohibition in §80.1660(e) and the downstream 

gasoline sulfur standard of §80.1604(b).

(2) On any occasion where an additive blender blends an additive (subject to the 

requirements of §80.1613(a)) at a concentration of less than 1.0% by volume, it is subject to the 

prohibition in §80.1660(f) and the downstream gasoline sulfur standard of §80.1604(b).

(3) On any occasion where an additive blender blends an additive at a concentration of 

1.0% by volume or greater, it is a fuel manufacturer as defined in §79.2(d), and is subject to all 

the provisions that apply to refiners under this subpart O.

§80.1650 Registration.

The following registration requirements apply under this subpart:

(a) Registration with the Administrator of EPA is required for any:

(1) Gasoline refiner or importer having any refinery or import facility subject to the 

gasoline sulfur standards under this subpart O.

(2) Oxygenate producer or importer having any oxygenate production facility or import 

facility subject to the oxygenate sulfur standards under §80.1610 unless already registered under 

§80.1450.
22

(3) Oxygenate blender who has any oxygenate blending facility that blends oxygenate 

into RBOB where the resulting gasoline is subject to the gasoline sulfur standards under this 

subpart O.

(b) Registration dates.

(1) Any gasoline refiner or importer required to register shall do so by March 31, 2013, 

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

reformulated gasoline, conventional gasoline, RBOB, or CBOB, whichever is later.

(2) Any oxygenate producer or importer required to register shall do so by December 1, 

2017, or at least thirty days in advance of the first date that such person will produce or import 

oxygenate, whichever is later.

(3) Any oxygenate blender required to register shall do so by March 31, 2013, or at least 

thirty days in advance of the first date that such person will blend oxygenate into RBOB, 

whichever is later.

(c) Refiner registration.

(1) Registration shall be on forms prescribed by the Administrator, and shall include all 

the following information:

(i) The name, business address, contact name, e-mail address, and telephone number of 

the refiner.

(ii) For each separate refinery, the facility name, physical location, contact name, e-mail 

address, telephone number, and type of facility.

(iii) For each separate refinery:

(A) Whether records are kept on-site or off-site of the refinery.

(B) If records are kept off-site, the primary off-site storage facility name, physical 

location, contact name, e-mail address, and telephone number.

(iv) For each separate refinery that produces reformulated gasoline and/or RBOB, the 

name, address, contact name, e-mail address, and telephone number of the independent 

laboratory used to meet the independent analysis requirements of §80.65(f).

(2) EPA will supply a company registration number to each refiner, and a facility 

registration number for each refinery that is identified. These registration numbers shall be used 

in all reports to the Administrator.

(3) Updates to registration.
23

(i) Any refiner shall submit updated registration information to the Administrator within 

thirty days of any occasion when the registration information previously supplied becomes 

incomplete or inaccurate; except that

(ii) EPA must be notified in writing of any change in designated independent laboratory 

under paragraph (a)(1)(iv) of this section at least thirty days in advance of such change.

(d) Gasoline importer registration.

(1) Registration shall be on forms prescribed by the Administrator, and shall include all 

the following information:

(i) The name, business address, contact name, e-mail address, and telephone number of 

the importer.

(ii) For each importer’s operations in a single PADD:

(A) Whether records are kept on-site at the registered address or off-site.

(B) If records are kept off-site, the primary off-site storage facility name, physical 

location, contact name, e-mail address, and telephone number.

(C) For importers that import reformulated gasoline and/or RBOB, the name, address, 

contact name and telephone number of the independent laboratory used to meet the independent 

analysis requirements of §80.65(f).

(2) EPA will supply a company registration number to each importer. This registration 

number shall be used in all reports to the Administrator.

(3) Updates to registration.

(i) Any importer shall submit updated registration information to the Administrator 

within thirty days of any occasion when the registration information previously supplied 

becomes incomplete or inaccurate; except that

(ii) EPA must be notified in writing of any change in designated independent laboratory 

under paragraph (d)(1)(ii)(C) of this section at least thirty days in advance of such change.

(e) Oxygenate producer registration.

(1) Registration shall be on forms prescribed by the Administrator, and shall include all 

the following information:

(i) The name, business address, contact name, e-mail address, and telephone number of 

the oxygenate producer.
24

(ii) For each separate oxygenate production facility, the facility name, physical location, 

contact name, telephone number, and type of facility.

(iii) For each separate oxygenate production facility:

(A) Whether records are kept on-site or off-site of the refinery.

(B) If records are kept off-site, the primary off-site storage facility name, physical 

location, contact name, and telephone number.

(2) EPA will supply a company registration number to each oxygenate producer, and a 

facility registration number for each oxygenate production facility that is identified. These 

registration numbers or those provided under §80.1450 shall be used in all reports to the 

Administrator.

(3) Updates to registration. Any oxygenate 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.

(f) Oxygenate importer registration.

(1) Registration shall be on forms prescribed by the Administrator, and shall include all 

the following information:

(i) The name, business address, contact name, and e-mail address, telephone number of 

the importer.

(ii) For each importer’s operations in a single PADD:

(A) Whether records are kept on-site at the registered address or off-site.

(B) If records are kept off-site, the primary off-site storage facility name, physical 

location, contact name, e-mail address, and telephone number.

(2) EPA will supply a company registration number to each importer. This registration 

number shall be used in all reports to the Administrator.

(g) Oxygenate blender registration.

(1) Registration shall be on forms prescribed by the Administrator, and shall include all 

the following information:

(i) The name, business address, contact name, and e-mail address, telephone number of 

the oxygenate blender.
25

(ii) For each separate oxygenate blending facility, the facility name, physical location, 

contact name, telephone number, and type of facility.

(iii) For each separate oxygenate blending facility:

(A) Whether records are kept on-site or off-site of the refinery.

(B) If records are kept off-site, the primary off-site storage facility name, physical 

location, contact name, e-mail address, and telephone number.

(2) EPA will supply a company registration number to each oxygenate blender, and a 

facility registration number for each oxygenate blending facility that is identified. These 

registration numbers or those provided under §80.1450 shall be used in all reports to the 

Administrator.

(3) Updates to registration. Any oxygenate 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.

(h) E51-83 manufacturers that do not meet the requirements of an E51-83 blender 

pursuant to §80.1611 and manufactures of natural gas liquids for use in the production of E51-83 

must provide EPA all the following information if such information has not already been 

provided under the provisions of this part 80:

(1) Any person required to register shall do so at least thirty days in advance of the first 

date that such person will produce or import E51-83 or natural gas liquids for use in the 

production of E51-83 whichever is later.

(2) Registration shall be on forms prescribed by the Administrator, and shall include all 

the following information:

(i) The name, business address, contact name, and telephone number of the producer or 

importer of E51-83 or natural gas liquids for use in the production of E51-83.

(ii) For each separate production facility of E51-83 or natural gas liquids for use in the 

production of E51-83, the facility name, physical location, contact name, telephone number, and 

type of facility.

(iii) For each separate production facility, import facility, and/or for each importer's 

operations in a single PADD, all of the following:

(A) Whether records are kept on-site or off-site of the production facility, or in the case 

of importers, the registered address.

(B) If records are kept off-site, the primary off-site storage facility name, physical 

location, contact name, and telephone number.
26

(4) EPA will supply a registration number to each producer and importer of E51-83 or

natural gas liquids for use in the production of E51-83, and a facility registration number for 

each production or import facility that is identified, which shall be used in all reports to the 

Administrator.

(5)(i) Any producer or importer of E51-83 or natural gas liquids for use in the production 

of E51-83 shall submit updated registration information to the Administrator within thirty days 

of any occasion when the registration information previously supplied becomes incomplete or 

inaccurate.

(ii) Reserved

(6) Entity registration.

(i) Registration shall be on forms prescribed by the Administrator, and shall include the 

name, business address, contact name, telephone number, e-mail address, and type of production, 

importation, or distribution activity or activities engaged in by the entity.

(ii) Registration shall include the information required under paragraph (c) of this section 

for each facility owned or operated by the entity that delivers or receives custody of gasoline.

§80.1651 Product transfer document requirements.

(a) On each occasion that any person transfers custody or title to any gasoline, RBOB, 

CBOB, or oxygenate, natural gas liquids for use by an E51-83 blender, E16-50, or E51-83 other 

than when gasoline, E16-50, or E51-83 is sold or dispensed for use in motor vehicles at a retail 

outlet or wholesale purchaser-consumer facility, the transferor shall provide to the transferee 

documents which include all the following information:

(1) The name and address of the transferor.

(2) The name and address of the transferee.

(3) The volume of gasoline, RBOB, CBOB, or oxygenate, natural gas liquid for use by an 

E51-83 blender E16-50, or E51-83 which is being transferred.

(4) The location of the gasoline, RBOB, CBOB, or oxygenate, natural gas liquid for use 

by an E51-83 blender, E16-50, or E51-83 at the time of the transfer.

(5) The date of the transfer.

(b) On each occasion when any person transfers custody or title to any gasoline for export 

or with an exemption under §§80.1654, 80.1655, 80.1656, and/or 80.1658, any of the following 

statements must be included on the product transfer document:
27

(1) For gasoline with a national security exemption under §80.1655, “This gasoline is for 

use in vehicles, engines, or equipment under an EPA-approved national security exemption 

only.”.

(2) For gasoline with a research, development, or testing exemption under §80.1656, 

“This gasoline is for research, development, or testing purposes only.”.

(3) For gasoline for use in American Samoa, Guam, and the Commonwealth of the 

Northern Mariana Islands under §80.1658, “This is gasoline for use only in Guam, American 

Samoa, or the Northern Mariana Islands.”.

(4) For gasoline for export purposes, “This gasoline is for export only.”.

(5) For gasoline for racing purposes, “This gasoline is for racing purposes only.”.

(6) For California gasoline, pursuant to §80.1654, “California gasoline.”.

(c) On each occasion when any person transfers custody or title to any gasoline additive 

intended to be used at less than 1 volume percent, other than when gasoline is sold or dispensed 

for use in motor vehicles at a retail outlet or wholesale purchaser-consumer facility, the 

transferor shall provide to the transferee documents which include information on the maximum 

recommended treatment level. 

(d) On each occasion when any person transfers natural gas liquids for use by an E51-83 

blender, the transferor shall provide transfer documents which state “Meets EPA standards for 

natural gas liquids for use by an E51-83 blender. Cannot be sold as gasoline, RBOB, or CBOB”. 

(e) On each occasion when any person transfers E51-83 other than when it is sold or 

dispensed for use in motor vehicles at a retail outlet or wholesale purchaser-consumer facility, 

the transferor shall provide to the transferee documents which state :”E51-83”.

(f) On each occasion when any person transfers E16-50 other than when gasoline is sold 

or dispensed for use in motor vehicles at a retail outlet or wholesale purchaser-consumer facility, 

the transferor shall provide to the transferee documents which state :”E16-50”.

§80.1652 Reporting requirements.

Beginning with the 2017 averaging period or the first year credits are generated under §80.1615 

(whichever is earlier), and continuing for each averaging period thereafter, any refiner or 

importer, any E51-83 refiner or importer,and any oxygenate producer or importer, and any 

producer or importer of natural gas liquids for use by an E51-83 blender, shall submit to EPA 

annual reports that contain the information required in this section, and any other information as 

EPA may require. 

(a) Refiner and importer aAnnual reports. Any refiner, for each of its refineries, any E51-

83 refiner for each of its E51-83 production facilities, any producer of natural gasoline liquids for 
28

E51-83 blending for each of its production facilities, and any importer for the gasoline, E51-83, 

or natural gas liquids for E51-83 blending that it imports, shall submit a report for each calendar 

year averaging period that includes all the following information:

(1) The EPA importer, or refiner and refinery facility registration numbers.

(2) The average standard under §80.1603, reported to two (2) decimal places.

(3) The total volume of gasoline produced or imported, reported to the nearest whole 

number.

(4) The annual average sulfur level of the gasoline produced or imported, reported to two 

(2) decimal places.

(5) The annual average sulfur level after inclusion of any credits, reported to two (2) 

decimal places.

(6) Separately provided information for credits, and separately by year of creation, as 

follows:

(i) The number of credits at the beginning of the averaging period, reported to the nearest 

whole number.

(ii) The number of credits generated, reported to the nearest whole number.

(iii) The number of credits used, reported to the nearest whole number.

(iv) If any credits were obtained from or transferred to other parties; and for each other 

party, its name and EPA refiner or importer registration number, and the number of credits 

obtained from or transferred to the other party.

(v) The number of credits that expired at the end of the averaging period, reported to the 

nearest whole number.

(vi) The number of credits that will carry over into the subsequent averaging period, 

reported to the nearest whole number.

(7) For each batch of gasoline produced or imported during the averaging period, all of 

the following:

(i) The batch number assigned under §80.65(d)(3); except that if composite samples of 

conventional gasoline representing multiple batches produced subsequent to December 31, 2003, 

are tested under §80.101(i)(2) for anti-dumping compliance purposes, for purposes of this 

subpart a separate batch number must be assigned to each batch using the batch numbering 

procedures under §80.65(d)(3).
29

(ii) The date the batch was produced.

(iii) The volume of the batch, reported to the nearest whole number.

(iv) The sulfur content of the batch, reported to two (2) decimal places, along with 

identification of the test method used to determine the sulfur content of the batch, as determined 

under §80.1630.

(8) The total volume of E51-83 produced or imported, reported to the nearest whole 

number.

(9) The annual average sulfur level of the E51-83 produced or imported, reported to two 

(2) decimal places. Gasoline sulfur credits may not be used to determine compliance with the 

average sulfur standard for E51-83 under §80.1608(c),

(11) Certification that all batches of E51-83 produced or imported were compliant with 

the requirements of §80.1608(c). 

(12) The total volume of natural gas liquids for use by E51-83 blenders produced or 

imported, reported to the nearest whole number

(13) Certification that all batches of natural gas liquids for use by E51-83 blenders were 

compliant with the requirements of §80.1612.

(148) All values measured or calculated pursuant to the requirements of this paragraph 

(a) shall be in accordance with the rounding procedure specified in §80.9.

(159) When submitting reports under this paragraph (a) from January 1, 2017 through 

December 31, 2019, any importer shall exclude Certified Sulfur-FRGAS.

(b) Additional reporting requirements for importers. From January 1, 2017 through 

December 31, 2019, importers shall report all of the following information for Sulfur-FRGAS 

imported during an annual averaging period:

(1) The EPA refiner and refinery registration numbers of each foreign refiner and refinery 

where the Certified Sulfur-FRGAS was produced.

(2) The total gallons of Certified Sulfur-FRGAS and Non-Certified Sulfur-FRGAS 

imported from each foreign refiner and refinery, reported to one (1) decimal place.

(c) Oxygenate producer reports. On an annual basis, the producer of DFE or other 

oxygenate must submit a summary report to EPA which includes all of the following:

(1) The facility identification information provided pursuant to §80.1650.

(2) The total volume of all batches of DFE and other oxygenate produced.
30

(3) An attestation that all of the batches of DFE and other oxygenate produced during the 

compliance period were in compliance with the requirements of this subpart.

(d) Report submission. Any annual report required under this section shall be:

(1) Signed and certified as meeting all of the applicable requirements of this subpart by 

the owner or a responsible corporate officer of the refiner or importer; and

(2) Submitted to EPA no later than the last day of February for the prior calendar year 

averaging period.

(e) Attest reports. Attest reports for refiner and importer attest engagements required 

under §80.1667 shall be submitted to the Administrator by March 31, 2013 of each year for the 

prior calendar year averaging period.

§80.1653 Recordkeeping.

(a) Records that must be kept for gasoline. Beginning January 1, 2017 or January 1 of 

the first year that credits are generated, any person who produces, imports, sells, offers for sale, 

dispenses, distributes, supplies, offers for supply, stores, or transports gasoline, shall keep 

records that contain all of the following information:

(1) The product transfer document information required under §80.1651.

(2) All of the following information for any sampling and testing for sulfur content 

required under this subpart O:

(i) The location, date, time, and storage tank or truck identification for each sample 

collected.

(ii) The name and title of the person who collected the sample and the person who 

performed the test.

(iii) The results of the test as originally printed by the testing apparatus, or where no 

printed result is produced, the results as originally recorded by the person who performed the 

test.

(iv) Any record that contains a test result for the sample that is not identical to the result 

recorded under paragraph (a)(2)(iii) of this section.

(v) The test methodology used.

(b) Additional records that refiners and importers of gasoline must keep. Beginning 

January 1, 2014, or January 1 of the first year credits are generated under §80.1615, whichever is 

earlier, any refiner for each of its refineries and any importer for the gasoline it imports, shall 

keep records that include all of the following information:
31

(1) For each batch of gasoline produced or imported:

(i) The batch volume.

(ii) The batch number assigned under §80.65(d)(3) and the appropriate designation under 

paragraph (b)(1)(iv) of this section; except that for composite samples of conventional gasoline 

representing multiple batches , that are tested under §80.101(i)(2) for purposes of this subpart, a 

separate batch number must be assigned to each batch using the batch numbering procedures 

under §80.65(d)(3).

(iii) The date of production or importation.

(iv) If appropriate, the designation of the batch as California gasoline under §80.1654, 

exempt gasoline for national security purposes under §80.1655, exempt gasoline for research and 

development under §80.1656, or for export outside the United States.

(v) The test methodology used.

(2) Information regarding credits, separately kept according to the year of creation; and 

for credit generation or use starting in 2014. Information shall be kept separately for different 

types of credits generated under §80.1615:

(i) The number of credits in the refiner's or importer's possession at the beginning of the 

averaging period.

(ii) The number of credits generated.

(iii) The number of credits used.

(iv) If any credits were obtained from or transferred to other parties, all the following for 

each other party:

(A) The party’s name.

(B) The party’s EPA refiner or importer registration number.

(C) The number of credits obtained from, or transferred to, the party.

(v) The number of credits that expired at the end of the averaging period.

(vi) The number of credits in the refiner's or importer's possession that will carry over 

into the subsequent averaging period.

(vii) Contracts or other commercial documents that establish each transfer of credits from 

the transferor to the transferee.
32

(3) The calculations used to determine compliance with the applicable sulfur average 

standards of §80.1603, or §80.1604.

(4) The calculations used to determine the number of credits generated under §80.1615.

(5) A copy of all reports submitted to EPA under §80.1652.

(6) In the case of parties who process transmix, records of any sampling and testing 

required under §80.1607.

(c) Additional records importers of gasoline must keep. Any importer shall keep records 

that identify and verify the source of each batch of certified Sulfur-FRGAS and non-certified 

Sulfur-FRGAS imported and demonstrate compliance with the requirements for importers under 

§80.1666.

(d) Records that producers of denatured fuel ethanol and other oxygenates must keep.

(1) The date each batch was produced.

(2) The batch volume and an identification of the test methodology used.

(3) The test results on the sulfur content of each batch and the test methodology used.

(4) The volume percent denaturant used in each batch if the oxygenate is denatured fuel 

ethanol.

(5) The type and source of the denaturant used in each batch if the oxygenate if 

denatured fuel ethanol.

(e) Records that parties that take custody of oxygenates must keep. All parties that take 

custody of oxygenate from the oxygenate producer through to the oxygenate blender must keep a 

copy of the product transfer document for each batch of oxygenate.

(f) Length of time records must be kept. The records required under this subpart O shall 

be kept for five years from the date they were created; except in the following cases:

(1) Transfers of credits. Except as provided in paragraph (f)(2) of this section, records 

relating to credit transfers shall be kept by the transferor for 5 years from the date the credits are 

transferred; and shall be kept by the transferee for 5 years from the date the credits were 

transferred, used, or terminated, whichever is later.

(2) Early credits.

(i) Where the party generating the credits does not transfer the credits, records must be 

kept for 5 years from the date of creation, use, or termination, whichever is later.
33

(ii) Where early credits are transferred, records relating to such credits shall be kept by 

the transferor for 5 years from the date the credits are transferred; and shall be kept by the 

transferee for 5 years from the date the credits were transferred, used, or terminated, whichever is 

later.

(g) Make records available to EPA. On request by EPA the records required in this 

section shall be provided to the Administrator's authorized representative. For records that are 

electronically generated or maintained, the equipment and software necessary to read the records 

shall be made available; or, if requested by EPA, electronic records shall be converted to paper 

documents which shall be provided to the Administrator's authorized representative.

(h) Records that producers and importers of natural gas liquids for use in the production 

of E51-83 must keep.

(1) The product transfer document information required under §80.1651.

(2) The date each batch was produced.

(3) The batch volume.

(4) All of the following information for any sampling and testing for sulfur content 

required under this subpart O:

(i) The location, date, time, and storage tank or truck identification for each sample 

collected.

(ii) The name and title of the person who collected the sample and the person who 

performed the test.

(iii) The results of the test as originally printed by the testing apparatus, or where no 

printed result is produced, the results as originally recorded by the person who performed the 

test.

(iv) Any record that contains a test result for the sample that is not identical to the result 

recorded under paragraph (a)(2)(iii) of this section.

(v) The test methodology used.

(5) The test results on the benzene content of each batch and the test methodology used.

(6) The source of each batch of NGL per §80.1612(a)(5).

(i) Records that parties that take custody of NGL for use by E51-83 blenders must keep. 

All parties that take custody of NGL for use by E51-83 blenders from the producer or importer 

through to the E51-83 blender must retain records of the product transfer document information 

required in §80.1651.
34

(j) Records that must be kept by producers and importers of E51-83 that are subject the 

requirements of a refiner under §80.1608(c).

(1) The product transfer document information required under §80.1651.

(2) The date each batch was produced.

(3) The batch volume.

(4) All of the following information for any sampling and testing for sulfur content 

required under this subpart O:

(i) The location, date, time, and storage tank or truck identification for each sample 

collected.

(ii) The name and title of the person who collected the sample and the person who 

performed the test.

(iii) The results of the test as originally printed by the testing apparatus, or where no 

printed result is produced, the results as originally recorded by the person who performed the 

test.

(iv) Any record that contains a test result for the sample that is not identical to the result 

recorded under paragraph (a)(2)(iii) of this section.

(v) The test methodology used.

(5) The test results on the benzene content of each batch and the test methodology used.

(6) The test results on the RVP of each batch and the test methodology used.

(k) Records that must be kept by parties that qualify as an E51-83 blender under 

§80.1611.

(1) The product transfer document information required under §80.1651 for the 

blendstocks used.

(2) The date each batch was produced.

(3) The batch volume.

(4) In cases where butane and/or NGL is used to produce E51-83, the test results on the 

RVP of each batch and the test methodology.

(l) Records that parties that take custody of E51-83 must keep. All parties that take 

custody of E51-83 other than when E51-83 is sold or dispensed for use in motor vehicles at a 

retail outlet or wholesale purchaser-consumer facility, must retain records of the product transfer 

document information under §80.1651.
35

§80.1660 Prohibited acts.

No person shall:

(a) Averaging violation. Produce or import gasoline that does not comply with the 

applicable sulfur average standard under §80.1603. Produce or import E51-83 that does not 

comply with the applicable sulfur average standard under §80.1608(c).

(b) Cap standard violation. Produce, import, sell, offer for sale, dispense, supply, offer 

for supply, store or transport gasoline or oxygenate (including any denaturant) that does not 

comply with the applicable sulfur cap standards under §80.1603, §80.1604, or §80.1610.

Produce, import, sell, offer for sale, dispense, supply, offer for supply, store or transport E16-50, 

E51-83, or natural gas liquids for use by E51-83 blenders that does not comply with the 

applicable sulfur cap standards under §80.1604, §80.1606, §80.1608, §80.1611, or §80.1612.

(c) Causing an averaging or cap standard violation. Cause another person to commit an 

act in violation of paragraph (a), (b), (d), (e), (f), (g), or (h) of this section.

(d) Causing violating gasoline, oxygenate, E16-50, E51-83, or natural gas liquids for use 

by E51-83 blenders to be in the distribution system. Cause gasoline, E16-50, E51-83, or natural 

gas liquids for use by an oxygenate blender to be in the distribution system which does not 

comply with an applicable sulfur cap standard under §80.1603, §80.1604, §80.1608,or §80.1610, 

or §80.1612. 

(e) Oxygenate violation. Starting March 1, 2017, blend into gasoline, RBOB, or CBOB,

E16-50, or E51-83 any oxygenate, including but not limited to denatured ethanol, that has a 

sulfur content higher than 10 ppm.

(f) Additive blender violation. Unless acting in the capacity of a gasoline refiner or 

importer under §80.1613, introduce an additive other than an oxygenate compound into gasoline, 

CBOB, or RBOB, E16-50, or E51-83 which contributes more than 3 ppm to the sulfur content 

of the finished gasoline, CBOB, or RBOB, E16-50, or E51-83.

(g) Additive manufacturer violation. Cause or contribute to the introduction into 

commerce of an gasoline additive intended to be used in gasoline, E16-50, or E51-83 at less than 

1 volume percent which does not comply with the requirements of §80.1613.

(h) Credit violation. Generate, transfer, or use invalid credits or improperly transfer or 

use credits.

(i) Benzene cap violation for E51-83, and natural gas liquids for use by E51-83 blenders. 

Produce or import E51-83, or natural gas liquids for use by E51-83 blenders that does not 

comply with the applicable benzene cap standard under §80.1608(c), or §80.1612.
36

(j) RVP standard violation for E51-83. Produce or import E51-83 that does not comply 

with the RVP standard under §80.1608.

(ki) Failure to meet a requirement. No person shall fail to meet a requirement that applies 

to that person under this subpart.

§80.1662 Liability for violations under subpart O.

The following persons are liable for violations under this subpart:

(a) Persons liable for violations of prohibited acts.

(1) Averaging violation. Any refiner or importer who violates §80.1608(c)(4) or 

§80.1660(a) is liable for the violation.

(2) Causing an averaging violation. Any refiner, importer, distributor, reseller, carrier, 

retailer, wholesale purchaser-consumer, or oxygenate blender who causes another party to 

violate §80.1608(c)(4), or §80.1660(a), is liable for a violation of §80.1660(c).

(3) Cap standard violation. Any refiner, importer, distributor, reseller, carrier, retailer, 

wholesale purchaser-consumer, oxygenate producer, oxygenate blender, E51-83 blender, 

additive manufacturer, or additive blender who owned, leased, operated, controlled or supervised 

a facility where a violation of §80.1660(b) occurred, is deemed in violation of §80.1660(c).

(4) Causing a cap standard violation. Any refiner, importer, distributor, reseller, carrier, 

retailer, wholesale purchaser-consumer, oxygenate producer, oxygenate blender, additive 

manufacturer, or additive blender who produced, imported, sold, offered for sale, dispensed, 

supplied, offered for supply, stored, transported, or caused the transportation or storage of 

gasoline, oxygenate, E16-50, or E51-83 that violates §80.1660(b), is deemed in violation of 

§80.1660(c).

(5) Branded refiner/importer liability. Any refiner or importer whose corporate, trade, or 

brand name, or whose marketing subsidiary’s corporate, trade, or brand name appeared at a 

facility where a violation of §80.1660(b) occurred, is deemed in violation of §80.1660(b).

(6) Causing violating gasoline, E16-50, E51-83, or natural gas liquids for use by an E51-

83 blender to be in the distribution system. Any refiner, importer, distributor, reseller, carrier, 

oxygenate producer, oxygenate blender, natural gas liquids manufacturer, E51-83 blender, 

additive manufacturer, or additive blender who owned, leased, operated, controlled or supervised 

a facility from which gasoline, oxygenate, E16-50, E51-83, or natural gas liquids for use by an 

E51-83 blender was released into the distribution system which does not comply with an 

applicable sulfur cap standard or a sulfur averaging standard is deemed in violation of 

§80.1660(d).
37

(7) Carrier causation. In order for a carrier to be liable under paragraph (a)(2), (a)(3), 

(a)(4), or (a)(6) of this section, EPA must demonstrate, by reasonably specific showing by direct 

or circumstantial evidence, that the carrier caused the violation.

(8) Oxygenate blender violation. Any oxygenate blender who violates §80.1660(e) is 

liable for the violation.

(9) Additive manufacturer violation. Any additive manufacturer who violates 

§80.1660(g) is deemed liable for the violation.

(10) Additive blender violation. Any additive blender who violates §80.1660(f) is 

deemed liable for the violation. 

(11) Credit violation. Any refiner or importer who violates §80.1660(h) is liable for the 

violation.

(12) Parent corporation liability. Any parent corporation is liable for any violations of 

this subpart that are committed by any of its wholly-owned subsidiaries.

(13) Joint venture and joint owner liability. Each partner to a joint venture, or each 

owner of a facility owned by two or more owners, is jointly and severally liable for any violation 

of this subpart that occurs at the joint venture facility or facility owned by the joint owners, or is 

committed by the joint venture operation or any of the joint owners of the facility.

(b) Persons liable for failure to meet other provisions of this subpart. Any person who:

(1) Fails to comply with a provision of this subpart not addressed in paragraph (a) of this 

section is liable for a violation of that provision.

(2) Caused another person to fail to meet a requirement of this subpart not addressed in 

paragraph (a) of this section, is liable for causing a violation of that provision.

§80.1665 Penalties.

(a) Any person liable for a violation under §80.1662 is subject to civil penalties as 

specified in section 205 of the Clean Air Act for every day of each such violation and the amount 

of economic benefit or savings resulting from each violation.

(b) Any person liable under §80.1662(a)(1) or (2) for a violation of the applicable sulfur 

averaging standard or causing another party to violate that standard during any averaging period, 

is subject to a separate day of violation for each and every day in the averaging period. Any 

person liable under §80.1662(a)(11) or §80.1662(b) for a failure to fulfill any requirement for 

credit generation, transfer, use, banking, or deficit correction, is subject to a separate day of 

violation for each and every day in the averaging period in which invalid credits are generated or 

used.
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(c)(1) Any person liable under §80.1662(a)(3) through (a)(10) for a violation of an 

applicable sulfur per gallon cap standard under this subpart O or of causing another party to 

violate a cap standard, is subject to a separate day of violation for each and every day the noncomplying gasoline, E16-50, or E51-83 remains any place in the gasoline distribution system.

(2) Any person liable under §80.1662(a)(6) for causing gasoline, E16-50, or E51-83 to be 

in the distribution system which does not comply with an applicable sulfur cap standard, or a 

sulfur averaging standard, is subject to a separate day of violation for each and every day that the 

non-complying gasoline, E16-50, or E51-83 remains any place in the gasoline distribution 

system.

(3) For purposes of paragraph (c) of this section, the length of time the gasoline, E16-50, 

or E51-83 in question remained in the gasoline distribution system is deemed to be twenty-five 

days, unless a person subject to liability or EPA demonstrates by reasonably specific showings, 

by direct or circumstantial evidence, that the non-complying gasoline, E16-50, or E51-83 

remained in the gasoline distribution system for fewer than or more than twenty-five days.

(d) Any person liable under §80.1662(b) for failure to meet, or causing a failure to meet, 

a provision of this subpart is liable for a separate day of violation for each and every day such 

provision remains unfulfilled.