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

Page 1 of 26 PART 80—REGULATION OF FUELS AND FUEL ADDITIVES
1. The authority citation for part 80 continues to rea d as follows: Authority: 42 U.S.C. 7414, 7521, 7542, 7545, and 76 01(a).

Subpart A—[Amended]

2. Section 80.2 is amended as follows: a. By revising paragraph (ttt). b. By removing and reserving paragraph (cccc). § 80.2 Definitions.
* * * * * (ttt) ECA marine fuel is diesel, distillate, or res idual fuel that meets the criteria of paragraph (ttt)(1) of this section, but not the criteria of p aragraph (ttt)(2) of this section. (1) All diesel, distillate, or residual fuel used, intended for use, or made available for use in Category 3 marine vessels while the vessels are ope rating within an Emission Control Area (ECA) , or an ECA associated area, is ECA marine fuel, unless it meets the criteria of paragraph (ttt)(2) of this section. (2) ECA marine fuel does not include any of the fol lowing fuel: (i) Fuel used by excluded vessels, or fuel used by vessels t hat is allowed by 40 CFR part 1043 the U.S. government pursuant to MARPOL Annex V I Regulation 3 or Regulation 4
to exceed the fuel sulfur limits operation while operating in an ECA or an ECA associated area(such as fuel used by excluded vesse ls or vessels equipped with equivalent
emission controls in conformance with 40 CFR 1043.5 5 (see 33 U.S.C. 1903 ). (ii) Fuel that conforms fully to the requirements o f this part for NRLM diesel fuel (including being designated as NRLM). (iii) Fuel used, or made available for use, in any diesel engines not installed on a Category 3
marine vessel.
* * * * * (cccc) [Reserved]Natural gas means a mixture of hydrocarbo n gases that occurs with petroleum deposits, principally methane together with varying quantities of ethane, propane, butane, and other gases.
* * * * *

3. Section 80.8 is amended by revising paragraph (e)(1 ) to read as follows: § 80.8 Sampling methods for gasoline, diesel fuel, fuel additives, and renewable fuels.
* * * * * (e) * * * (1) ASTM International material. The following standards are available from ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428-2959, (877) 909-ASTM, or http://www.astm.org : (i) ASTM D4057-12, Standard Practice for Manual Sam pling of Petroleum and Petroleum Products, approved December 1, 2012 (“ASTM D4057”). (ii) ASTM D4177-95 (Reapproved 2010), Standard Prac tice for Automatic Sampling of Petroleum and Petroleum Products, approved May 1, 2 010 (“ASTM D4177”).** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments November 25, 2014

Page 2 of 26 (iii) ASTM D5842-14, Standard Practice for Sampling and Handling of Fuels for Volatility Measurement, approved January 15, 2014 (“ASTM D5842 ”). (iv) ASTM D5854-96 (Reapproved 2010), Standard Prac tice for Mixing and Handling of Liquid Samples of Petroleum and Petroleum Products, approv ed May 1, 2010 (“ASTM D5854”). (iii) ASTM D5842-04 (Reapproved 2009), Standard Practice for Sampling and Handling of Fuels for Volatility Measurement, approved July 1, 2009

. * * * * *

Subpart D--[Amended]

4. Section 80.46 is amended as follows: a. By revising paragraph (b)(1). b. By revising paragraph (c)(2) introductory text. c. By revising paragraph (d). d. By revising paragraph (e). e. By revising paragraph (f)(1). f. By revising paragraph (g)(1). g. By revising paragraph (h)(1). § 80.46 Measurement of reformulated gasoline and c onventional gasoline fuel parameters.
* * * * * (b) * * * (1) Through December 31, 2015, olefin content must be determined using ASTM D1319. Beginning January 1, 2016, the olefin content of ga soline must may be determined by a test method approved under §80.47.
* * * * * (c) * * * (2) Beginning January 1, 2016, RVP may must be determined by a test method approved under §80.47, except as provided in paragraph (c)(2 )(i) of this section.
* * * * * (d) Distillation. Through December 31, 2015, distillation parameter s must be determined using ASTM D86. Beginning January 1, 2016, the dis tillation parameters may must be determined by a test method approved under § 80.47. (Note: The precision estimates for reproducibility in ASTM D86-12 do not apply; see §8 0.47(h).) (e) Benzene. Through December 31, 2015, benzene content must be determined using ASTM D3606, except that instrument parameters shall be a djusted to ensure complete resolution of the benzene, ethanol and methanol peaks because ethanol and methanol may cause interference with ASTM D3606 when present. Beginning January 1, 2016 , the benzene content maymust be determined by a test method approved under §80.47. (f)(1) Through December 31, 2015, aromatic content must be determined using ASTM D5769, except the sample chilling requirements in section 8 of this standard method are optional. Beginning January 1, 2016, the aromatic content may must be determined by a test method approved under §80.47.
* * * * * (g) * * *** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments November 25, 2014

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

(h) * * * (1) ASTM International material. The following stan dards are available from ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428-2959, (877) 909-ASTM, or http://www.astm.org : (i) ASTM D86-12, Standard Test Method for Distillat ion of Petroleum Products at Atmospheric Pressure, approved December 1, 2012 (“ASTM D86”)

. (ii) ASTM D1319-13, Standard Test Method for Hydroc arbon Types in Liquid Petroleum Products by Fluorescent Indicator Adsorption, appro ved May 1, 2013 (“ASTM D1319”)

. (iii) ASTM D2622-10, Standard Test Method for Sulfu r in Petroleum Products by Wavelength Dispersive X-ray Fluorescence Spectrometry, approve d February 15, 2010 (“ASTM D2622”)

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

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

. (vi) ASTM D3606-10, Standard Test Method for Determ ination of Benzene and Toluene in Finished Motor and Aviation Gasoline by Gas Chromat ography, approved October 1, 2010 (“ASTM D3606”)

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

. (viii) ASTM D4815-13, Standard Test Method for Dete rmination of MTBE, ETBE, TAME, DIPE, tertiary-Amyl Alcohol and C1 to C4 Alcohols i n Gasoline by Gas Chromatography, approved October 1, 2013 (“ASTM D4815”)

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

. (x) ASTM D5453-12, Standard Test Method for Determi nation of Total Sulfur in Light Hydrocarbons, Spark Ignition Engine Fuel, Diesel En gine Fuel, and Engine Oil by Ultraviolet Fluorescence, approved November 1, 2012 (“ASTM D5453”)

. (xi) ASTM D5599-00 (Reapproved 2010), Standard Test Method for Determination of Oxygenates in Gasoline by Gas Chromatography and Ox ygen Selective Flame Ionization Detection, approved October 1, 2010 (“ASTM D5599”)

. (xii) ASTM D5769-10, Standard Test Method for Deter mination of Benzene, Toluene, and Total Aromatics in Finished Gasolines by Gas Chromatograp hy/Mass Spectrometry, approved May 1,
2010 (“ASTM D5769”)

. (xiii) ASTM D6550-10, Standard Test Method for Dete rmination of Olefin Content of Gasolines by Supercritical-Fluid Chromatography, approved Oct ober 1, 2010 (“ASTM D6550”)

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

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

Page 4 of 26 (xv) ASTM D6920-13, Standard Test Method for Total Sulfur in Naphthas, Distillates, Reformulated Gasolines, Diesels, Biodiesels, and Mo tor Fuels by Oxidative Combustion and Electrochemical Detection, approved September 15, 2 013 (“ASTM D6920”)

. (xvi) ASTM D7039-13, Standard Test Method for Sulfu r in Gasoline, Diesel Fuel, Jet Fuel, Kerosine, Biodiesel, Biodiesel Blends, and Gasoline -Ethanol Blends by Monochromatic Wavelength Dispersive X-ray Fluorescence Spectromet ry, approved September 15, 2013 (“ASTM D7039”)

. * * * * *

5. Section 80.47 is amended as follows: a. By revising paragraphs (b)(1), (b)(2)(i), and ( b)(2)(ii). b. By revising paragraphs (c)(1), (c)(2)(i), and ( c)(2)(ii). c. By revising paragraph (d)(1). d. By revising paragraph (e)(1). e. By revising paragraph (f)(1). f. By revising paragraph (g)(1). g. By revising paragraph (h)(1). h. By revising paragraph (i)(1). i. By revising paragraph (j)(1). j. By revising paragraph (l). k. By revising paragraph (m)(6). l. By revising paragraphs (n)(1), (n)(2)(i), and (n)(2)(ii), and removing and reserving paragraph (n)(2)(iv). m. By revising paragraphs (o)(1), (o)(2)(i), (o)(2 )(ii), and removing and reserving paragraph (o)(2)(iv). n. By revising paragraphs (p)(1), (p)(3)(i), and ( p)(3)(ii), and removing and reserving paragraph (p)(3)(iv). o. By revising paragraph (r)(1). § 80.47 Performance-based Analytical Test Method A pproach.
* * * * * (b) * * * (1) Precision. Beginning January 1, 2016, for motor vehicle gaso line, gasoline blendstock, and gasoline fuel additives subject to the gasoline sulfur standard at § § 80.195 and § 80.1603, the maximum allowable standard deviation c omputed from the results of a minimum of 20 tests made over 20 days ( tests may be arranged into no fewer than five batches of four or fewer tests each, with only one such batch allowed per day over the minimum of 20 daysseven or fewer tests per week and two or fewer tests per day ) on samples using good laboratory practices taken from a single homogeneous commercially available gasoline must be less than or equal to 1. 5 times the repeatability “r” divided by 2.77, where “r” equals the ASTM repeatability of AS TM D7039 (Example: A 10ppm sulfur gasoline sample: maximum allowable standard deviation of 20

tests ≤ 1.5*(1. 75ppm73ppm /2.77)=0. 95 94 ppm). The 20 results must be a series of tests with a sequential record of analysis and no emissionsomissions . A laboratory facility may exclude a given sample or test result only if t he exclusion is for a valid reason under good laboratory practices and it maintains records regarding the sample and test results and the reason for excluding them.** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments November 25, 2014

Page 5 of 26 (2) * * * (i) The arithmetic average of a continuous series o f at least 10 tests performed using good laboratory practices on a commercially available gr avimetric sulfur standard in the range of 1-10 ppm , say 10 ppm, shall not differ from the accepted reference value (ARV) of the standard by more than 0. 71 70 ppm sulfur; (ii) The arithmetic average of a continuous series of at least 10 tests performed using good laboratory practices on a commercially available gr avimetric sulfur standard in the range of 10-20 ppm , say 20 ppm, shall not differ from the ARV of the standard by m ore than
1. 00 02 ppm sulfur; and
* * * * * (c) * * * (1) Precision. Beginning January 1, 2016, for butane subject to the butane sulfur standard at §§ 80.82, 80.195, 80.340(b) and 80.1603, the maximu m allowable standard deviation computed from the results of a minimum of 20 tests made over 20 days (tests may be arranged into no fewer than five batches of four or fewer tests each, with only one such batch allowed per day over the minimum of 20 days) on samples using good laboratory practices taken from a single homogeneous commercia lly available butane must be less than or equal to 1.5 times the repeatability (r) di vided by 2.77, where “r” equals the ASTM repeatability of ASTM D6667 (Example: A 80 3010 ppm sulfur butane sample:
maximum Maximum allowable standard deviation of 20 tests ≤ 1.5*( 3.461.15ppm/2.77) = 10.8762 ppm9.22ppm/2.77)=4.99 ppm ). The 20 results must be a series of tests with a sequential record of analysis and no emissionsomissions . A laboratory facility may exclude a given sample or test result only if the e xclusion is for a valid reason under good laboratory practices and it maintains records regar ding the sample and test results and the reason for excluding them. (2) * * * (i) The arithmetic average of a continuous series o f at least 10 tests performed using good laboratory practices on a commercially available gr avimetric sulfur standard in the range
of 70-80201-3010 ppm, say 75 2010 ppm, shall not differ from the accepted reference value (ARV) of the standard by more than 4.680.9447 ppm sulfur; (ii) The arithmetic average of a continuous series of at least 10 tests performed using good laboratory practices on a commercially available gr avimetric sulfur standard in the range
of 80-903010-4020 ppm, say 85 4020 ppm, shall not differ from the accepted reference value (ARV) of the standard by more than 5.3110.8794 ppm sulfur; and
* * * * *

(d) * * * (1) Precision. Beginning January 1, 2016, for motor vehicle gaso line, gasoline blendstock, and gasoline fuel additives subject to the gasoline standards of this part, the maximum allowable standard deviation computed from the resu lts of a minimum of 20 tests made over 20 days (tests may be arranged into no fewer t han five batches of four or fewer tests each, with only one such batch allowed per day over the minimum of 20 days) on samples using good laboratory practices taken from a single homogeneous commercially available gasoline must be less than or equal to 0. 3 times the reproducibility (R) , where “R” equals the ASTM reproducibility of ASTM D1319 ( Example: A gasoline containing
9 Vol% olefins: maximum allowable standard deviatio n of 20 tests ≤ 0.3*(3.06 Vol%) =** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments November 25, 2014

Page 6 of 26 0.92 Vol%). The 20 results must be a series of tes ts with a sequential record of analysis
and no emissionsomissions . A laboratory facility may exclude a given sample or test result only if the exclusion is for a valid reason under good laboratory practices and it maintains records regarding the sample and test res ults and the reason for excluding
them.
* * * * * (e) * * * (1) Precision. Beginning January 1, 2016, for motor vehicle gas oline, gasoline blendstock, and gasoline fuel additives subject to the gasoline standards of this part, the maximum allowable standard deviation computed from the resu lts of a minimum of 20 tests made over 20 days (tests may be arranged into no fewer t han five batches of four or fewer tests each, with only one such batch allowed per day over the minimum of 20 days) on samples using good laboratory practices taken from a single homogeneous commercially available gasoline must be less than or equal to 0. 3 times the reproducibility (R), where “R” equals the ASTM reproducibility of ASTM D1319 ( Example: A gasoline containing
32Vol% aromatics: maximum allowable standard deviat ion of 20 tests ≤ 0.3*(3.7 Vol%) = 1.11Vol%). The 20 results must be a series of te sts with a sequential record of analysis
and no emissionsomissions . A laboratory facility may exclude a given sample or test result only if the exclusion is for a valid reason under good laboratory practices and it maintains records regarding the sample and test res ults and the reason for excluding
them.
* * * * *

(f) * * * (1) Precision. Beginning January 1, 2016, for motor vehicle gas oline, gasoline blendstock, and gasoline fuel additives subject to the gasoline standards of this part, the maximum allowable standard deviation computed from the resu lts of a minimum of 20 tests made over 20 days (tests may be arranged into no fewer t han five batches of four or fewer tests each, with only one such batch allowed per day over the minimum of 20 days) on samples using good laboratory practices taken from a single homogeneous commercially available gasoline must be less than or equal to 0. 3 times the reproducibility (R), where “R” equals the ASTM reproducibility of ASTM D5599 ( Example: A gasoline containing 3Mass% total oxygen: maximum allowable standard dev iation of 20 tests ≤ 0.3*(0.32 Mass%) = 0.10 Mass%). The 20 results must be a ser ies of tests with a sequential record of analysis and no emissionsomissions . A laboratory facility may exclude a given sample or test result only if the exclusion is for a valid reason under good laboratory practices and it maintains records regarding the sample and t est results and the reason for excluding them.
* * * * *

(g) * * * (1) Precision. Beginning January 1, 2016, for motor vehicle gas oline, gasoline blendstock, and gasoline fuel additives subject to the gasoline standards of this part and volatility standards at § 80.27, the maximum allowable standar d deviation computed from the results of a minimum of 20 tests made over 20 days (tests may be arranged into no fewer
than five batches of four or fewer tests each, with only one such batch allow ed per day** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments November 25, 2014

Page 7 of 26 over the minimum of 20 days) on samples using good laboratory practices taken from a single homogeneous commercially available gasoline must be less than or equal to 0.3 times the reproducibility (R), where “R” equals the ASTM reproducibility of ASTM D5191 (Example: A gasoline having a RVP of 6.8psi: maximum Maximum allowable
standard deviation of 20 tests withdrawn from a 250 milliliter container ≤ 0.3*(0.40psi) = 0.12 psi). The 20 results must be a series of test s with a sequential record of analysis and

no emissionsomissions . A laboratory facility may exclude a given sample or test result only if the exclusion is for a valid reason under g ood laboratory practices and it maintains records regarding the sample and test results and t he reason for excluding them.
* * * * * (h) * * * * * (1) Precision. Beginning January 1, 2016, for motor vehicle gaso line, gasoline blendstock, and gasoline fuel additives subject to the gasoline standards of this part, the maximum allowable standard deviation computed from the resu lts of a minimum of 20 tests made over 20 days (tests may be arranged into no fewer t han five batches of four or fewer tests each, with only one such batch allowed per day over the minimum of 20 days) on samples using good laboratory practices taken from a single homogeneous commercially available gasoline must be less than or equal to 0. 3 times the reproducibility (R), where “R” equals the ASTM reproducibility in Table 10, Groups 2, 3 and 4 (Automated ) of
ASTM D86 -07 for the initial boiling point, E10, E50, E90 and f inal boiling point. (Example: A gasoline having an initial boiling poin t of 26 °C and a final boiling point of
215 °C: maximum allowable standard deviation of 20 tests for initial boiling point

≤ 0.3*(8.5 °C) = 2.55 °C, maximum allowable standard deviation of 20 tests for E10

≤ 0.3*(3.0+2.64*Sc)°C, maximum allowable standard dev iation of 20 tests for E50

≤ 0.3*(2.9+3.97*Sc)°C, maximum allowable standard dev iation of 20 tests for E90 t
≤ 0.3*(2.0+2.53*Sc) °C, and maximum allowable standar d deviation of 20 tests for final boiling point ≤ 0.3*(10.5°C) = 3.15°C ), where Sc is the average sl ope (or rate of change) of the gasoline distillation curve as calculated in accordance with section 13. 25 of ASTM
D86 -07 . The 20 results must be a series of tests with a sequential record of analysis and

no emissionsomissions

. Note that the precision criteria described in this paragraph (h)(1) differ from what is specified in ASTM D86-12. A laboratory facility may exclude a given sample or test result only if the exclusion i s for a valid reason under good laboratory practices and it maintains records regar ding the sample and test results and the reason for excluding them.
* * * * *

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

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

(j) * * * (1) Precision. Beginning January 1, 2016, for motor vehicle diesel fuel gasoline, gasoline blendstock, and gasoline fuel additives subject to the motor vehicle diesel standards at § 80.520, the maximum allowable standard deviation co mputed from the results of a minimum of 20 tests made over 20 days (tests may be arranged into no fewer than five
batches of four or fewer tests each, with only one such batch allow ed per day over the minimum of 20 days) on samples using good laborator y practices taken from a single homogeneous commercially available gasoline diesel fuel must be less than or equal to 0.3 times the reproducibility (R), where “R” equals the ASTM reproducibility of ASTM D1319 (Example: A diesel fuel containing 35 Vol% ar omatics: maximum allowable
standard deviation of 20 tests ≤ 0.3*(3. 37 Vol%) = 1.110.99 Vol%). The 20 results must be a series of tests with a sequential record of an alysis and no emissionsomissions . A laboratory facility may exclude a given sample or t est result only if the exclusion is for a valid reason under good laboratory practices and it maintains records regarding the sample and test results and the reason for excludin g them.
* * * * * (l) Qualification criteria for Voluntary Consensus Stan dard Based (VCSB) Method-Defined
Parameter Test Methods and Non-voluntary Consensus Standard Based (non-VC SB) Absolute Fuel Parameter of Sulfur in Gasoline and B utane

. (1) (i) Beginning January 1, 2016, the test facility or VCSB include full test method documentation by the Volun tary Consensus Standard Based (VCSB) organization, inclu ding a description of the technology and/or instrumentation that makes the me thod functional. (ii) For Non-voluntary Consensus Standard Based (no n-VCSB) Absolute Fuel Parameter of Sulfur in Gasoline and Butane, the test facility or VCSB include full test method documentation, including a description of the techn ology and/or instrumentation that
makes the method functional. (2) (i) The test facility or VCSB iI nclude information reported in the test method that demonstrates the test method meets the applicable p recision information for the methoddefined fuel parameter as described in this section

. (ii) For the absolute fuel parameter of sulfur in g asoline and butane, the test facility or VCSB include information reported in the test method tha t demonstrates the applicable accuracy criteria as described in §80.47(b)(2) for gasoline and §80.47(c)(2) for butane. (3) The test facility or VCSB include information reported in the test method that
demonstrates the test method has been evaluated usi ng ASTM D6708 and whether the comparison is a “null” result or whether a correlat ion equation needs to be applied that predicts designated test method results from the ap plicable method-defined alternative
test method.** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments November 25, 2014

Page 9 of 26 (4) The test methods specified at §§80.2(w) and 80 .46(a)(1), (a)(2), (b)(1), (c)(1), (d)(1), (e)(1), (f)(1), and (g)(1) and in use by a test fac ility prior to October 28, 2013 are exempt from the requirements of paragraphs (l)(1) through (3) of this section.

* * * * * (m) * * *

(6) The candidate method-defined non-VCSB test meth od precision qualification must be conducted in the form of “cross-method reproducibil ity” (Rcm) of the candidate method and applicable designated test method as required recommended in ASTM D6708, where the Rcm must be equal to or less than 70 percent of the published reproducibility of the applicable designated test method using good labora tory practices.
* * * * * (n) * * *

(1) (i) Accuracy SQC. Every facility shall conduct tests on every instrum ent with a commercially available gravimetric reference materi al, or check standard as defined in
the ASTM D6299 at least three times a year using good laboratory practices.

. The facility must pre-treat and assess results from the check standard testing after at least 15 testing occasions as described in section 8.2 of th is standard practice. The facility must
construct “MR” and “I” charts with control lines as described in section 8.4 and appropriate Annex sections of this standard practic e. In circumstances where the absolute difference between the mean of multiple ba ck-to-back tests of the standard reference material and the accepted reference value of the standard reference material is greater than 0.75 times the published reproducibili ty of the test , the method , the cause of
such difference must be investigated by the facility. Records of the standard reference materials measurements as well as any investigation s into any exceedance of these criteria must be kept for a period of five years. (ii) The expanded uncertainty of the accepted refer ence value of consensus named fuels shall have the following accuracy qualification criterion : Accuracy qualification criterion = square root [(0.75R)^2+(0.75R)^2/L], where L = the number of single results obtained
from different labs used to calculate the consensus ARV. (2)(i) Precision SQC. Every facility shall conduct tests on every instr ument with a quality control material as defined in paragraph 3.2. 83 in ASTM D6299 either once per week or once per every 20 production s tests, whichever is more frequent. The facility m ust construct and maintain an “I” chart as described in section 7 8 and section A1.5.1 and a
“MR” chart as described in section A1.5. 42 . Any violations of control limit(s) should be investigated by personnel of the facility and recor ds kept for a period of five years. (ii) Validation of New QC Material. When a test facility is making a transition from one batch of QC material to the next batch of QC materi al, the facility will either construct an
“I” chart as described in section 8. 7 and section A1.5.1 of ASTM D6299, or follow the “Q-Procedure” in Annex 1.9 of ASTM D6299. In follo wing the Q-Procedure

, if the plot of results from the “old” and “new” QC materials on its respective chart shows no special-cause signals, then the result of the “new” QC material will be considered valid.
* * * * *** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments November 25, 2014

Page 10 of 26 (iv) [Reserved]The expanded uncertainty of the accepted reference value of consensus named fuels shall have the following accuracy qualificati on criterion: Accuracy qualification criterion = square root [(0.75R)^2+(0.75R)^2/L], wh ere L = the number of single results
obtained from different labs used to calculate the consensus ARV.
* * * * * (o) * * * (1) (i) Accuracy SQC. Every facility shall conduct tests of every instrument with a commercially available check standard as defined in the ASTM D6299 at least three times a year using good laboratory practices

. . The check standard must be an ordinary fuel with levels of the fuel parameter of interest close to either the applicable regulatory standard or the average level of use for the facili ty. For facilities using a VCSB designated method defined test method, The the Accepted Reference Value of the check standard must be determined by the respective desig nated test method for the fuel parameter following the guidelines of ASTM D6299. Facilities using a VCSB alternative method defined test method must use the Accepted Re ference Value of the check standard as determined in a VCSB Inter Laboratory C rosscheck Program (ILCP) or a commercially available ILCP following the guideline s of ASTM D6299. If the Accepted Reference Value is not provided in the ILCP, accura cy must be assessed based upon the respective EPA-designated test method using appropr iate production samples. The facility must pre-treat and assess results from the check standard testing after at least 15 testing occasions as described in section 8.2 of th is standard practice. The facility must
construct “MR” and “I” charts with control lines as described in section 8.4 and appropriate Annex sections of this standard practic e. In circumstances where the absolute difference between the mean of multiple ba ck-to-back tests of the standard reference material and the accepted reference value of the standard reference material is greater than 0.75 times the published reproducibili ty of the test method , it the cause of
such difference must be investigated by the facility. Participation in a VCSB ILCP at least three times a year satisfies this Accuracy SQ C requirement (Examples of ILCP: ASTM Reformulated Gasoline ILCP or ASTM motor gasol ine ILCP). Records of the
standard reference materials measurements as well a s any investigations into any exceedance of these criteria must be kept for a per iod of five years. (ii) The expanded uncertainty of the accepted refer ence value of consensus named fuels shall have the following accuracy qualification criterion : Accuracy qualification criterion = square root [(0.75R)^2+(0.75R)^2/L], where L = the number of single results obtained
from different labs used to calculate the consensus ARV. (2)(i) Precision SQC. Every facility shall conduct tests of every instr ument with a quality control material as defined in paragraph 3.2. 83 in ASTM D6299 either once per week or once per every 20 production s tests, whichever is more frequent. The facility m ust construct and maintain an “I” chart as described in section 7 8 and section A1.5.1 and a
“MR” chart as described in section A1.5. 42 . Any violations of control limit(s) should be investigated by personnel of the facility and recor ds kept for a period of five years.

(ii) Validation of New QC Material. When a test f acility is making a transition from one batch of QC material to the next batch of QC materi al, the facility will either construct
an “I” chart as described in section 8. 7 and section A1.5.1 of ASTM D6299, or follow the “Q-Procedure” in Annex 1.9 of ASTM D6299. In follo wing the Q-Procedure if the plot** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments November 25, 2014

Page 11 of 26 of results from the “old” and “new” QC materials on its respective chart shows no special-cause signals, then the result of the “new” QC material will be considered valid.

* * * * * (iv) [Reserved]The expanded uncertainty of the accepted reference value of consensus named fuels shall have the following accuracy qualificati on criterion: Accuracy qualification criterion = square root [(0.75R)^2+(0.75R)^2/L], wh ere L = the number of single results
obtained from different labs used to calculate the consensus ARV.
* * * * * (p) * * * (1) (i) Accuracy SQC for Non-VCSB Method-Defined test metho ds with minimal matrix effects. Every facility shall conduct tests on every instrum ent with a commercially available
check standard as defined in the ASTM D6299 at leas t three times a year using good laboratory practices.

. The check standard must be an ordinary fuel with levels of the fuel parameter of interest close to either the applicabl e regulatory standard or the average level of use for the facility. Facilities using a Non-VCSB alternative method defi ned test
method must use tT he Accepted Reference Value of the check standard must beas
determined in either a VCSB Inter Laboratory Crosscheck Progra m (ILCP) or a commercially available ILCPby the respective design ated test method for the fuel
parameter following the guidelines of ASTM D6299. If the Accepted Reference Value is not provided in the ILCP, accuracy must be assessed based upon the respective EPA designated test method using appropriate production samples. The facility must pre-treat and assess results from the check standard testing after at least 15 testing occasions as described in section 8.2 of this standard practice. The facility must construct “MR” and
“I” charts with control lines as described in secti on 8.4 and appropriate Annex sections of this standard practice. In circumstances where the absolute difference between the mean of multiple back-to-back tests of the standard refe rence material and the accepted
reference value of the standard reference material is greater than 0.75 times the published reproducibility of the fuel parameter’s respective designated test method , the cause of
such difference must be investigated by the facility. Records of the standard reference materials measurements as well as any investigation s into any exceedance of these criteria must be kept for a period of five years. (ii) The expanded uncertainty of the accepted refer ence value of consensus named fuels shall have the following accuracy qualification criterion : Accuracy qualification criterion = square root [(0.75R)^2+(0.75R)^2/L], where L = the number of single results obtained
from different labs used to calculate the consensus ARV.
* * * * * (3)(i) Precision SQC. Every facility shall conduct tests on every instr ument with a quality control material as defined in paragraph 3.2. 83 in ASTM D6299 either once per week or once per every 20 production s tests, whichever is more frequent. The facility m ust construct and maintain an “I” chart as described in section 7 8 and section A1.5.1 and a
“MR” chart as described in section A1.5. 24 . Any violations of control limit(s) should be investigated by personnel of the facility and recor ds kept for a period of five years.

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

Page 12 of 26 an “I” chart as described in section 8. 7 and section A1.5.1 of ASTM D6299, or follow the “Q-Procedure” in Annex 1.9 of ASTM D6299. In follo wing the Q-Procedure

, if the plot of results from the “old” and “new” QC materials on its respective chart shows no special-cause signals, then the result of the “new” QC material will be considered valid.
* * * * * (iv) [Reserved]The expanded uncertainty of the accepted reference value of consensus named fuels shall have the following accuracy qualificati on criterion: Accuracy qualification criterion = square root [(0.75R)^2+(0.75R)^2/L], wh ere L = the number of single results
obtained from different labs used to calculate the consensus ARV.
* * * * * (r) * * * (1) * * * (i) ASTM D86-12, Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure, approved December 1, 2012ASTM D86-07, Standard Test
Method for Distillation of Petroleum Products at At mospheric Pressure, approved January 15, 2007 (“ASTM D86”)

. (ii) ASTM D1319-13, Standard Test Method for Hydroc arbon Types in Liquid Petroleum Products by Fluorescent Indicator Adsorption, appro ved May 1, 2013 (“ASTM D1319”)

. (iii) ASTM D3606-10, Standard Test Method for Deter mination of Benzene and Toluene in Finished Motor and Aviation Gasoline by Gas Chromat ography, approved October 1,
2010 (“ASTM D3606”)

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

. (v) ASTM D5599-00 (Reapproved 2010), Standard Test Method for Determination of Oxygenates in Gasoline by Gas Chromatography and Ox ygen Selective Flame Ionization Detection, approved October 1, 2010 (“ASTM D5599”)

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

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

. (viii) ASTM D6708-13, Standard Practice for Statist ical Assessment and Improvement of Expected Agreement Between Two Test Methods that Pu rport to Measure the Same Property of a Material, approved May 1, 2013 (“ASTM D6708”)

. (ix) ASTM D6792-13, Standard Practice for Quality S ystem in Petroleum Products and Lubricants Testing Laboratories, approved May 15, 2 013 (“ASTM D6792”)

. (x) ASTM D7039-13, Standard Test Method for Sulfur in Gasoline, Diesel Fuel, Jet Fuel, Kerosine, Biodiesel, Biodiesel Blends, and Gasoline -Ethanol Blends by Monochromatic Wavelength Dispersive X-ray Fluorescence Spectromet ry, approved September 15, 2013, approved September 15, 2013 (“ASTM D7039”)

. * * * * *

6. Section 80.75 is amended by revising paragraph (a)( 2)(xi)(G) to read as follows: § 80.75 Reporting requirements.
* * * * *** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments November 25, 2014

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

7. Section 80.82 is amended by revising paragraph (e)( 1) to read as follows: § 80.82 Butane blending.
* * * * * (e)(1) When butane is blended with conventional gas oline under this section during the period May 1 through September 15, the refiner shall demon strate through sampling and testing, using the test method for Reid vapor pressure in § 80.46 or § 80.47, as applicable, that each batch of conventional gasoline blended with butane meets the volatility standards specified in § 80.27 and in any EPA approved SIP

. * * * * *

8. Section 80.85 is amended by revising paragraphs (a) introductory text, (b) introductory text, (g), and (i) to read as follows: § 80.85 Pentane blending.
* * * * * (a) Any refiner y that blends pentane for which the refiner y has product transfer documents from a registered pentane supplier which demonstrate tha t the pentane is blender-commercial grade, as defined in § 80.86(a)(3), may demonstrate complianc e with the standards in this part based on the properties specified in § 80.86(a)(3), or the p roperties specified by the pentane supplier, provided that the refiner y does all the following:
* * * * * (b) Any refiner that blends pentane for which the r efiner has product transfer documents from a registered pentane supplier which demonstrate that the pentane is blender-non-commercial grade, as defined in § 80.86(a)(4), may demonstrate compli ance with the standards in this part based on the properties specified in § 80.86(a)(4), or the p roperties specified by the pentane supplier, provided that the refiner y does all the following:
* * * * * (g) All pentane blended into gasoline during the an nual averaging period must be included in annual average compliance calculations by a refiner for the each of its refiner iesy

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

9. Section 80.86 is amended by revising paragraphs (b) (2)(iv) and (b)(3)(iii) to read as follows: § 80.86 Requirements for producers and importers of pentane used by pentane blenders.
* * * * * (b) * * *** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments November 25, 2014

Page 14 of 26 (2) * * * (iv) A description of the production facility which demonstrates that the facility is capable of producing pentane that is complaint compliant with the requirements of this section without significant modifications to the existing facility.
* * * * * (3) * * * (iii) A description of the importer’s operating fac ility which demonstrates that the importer is capable of providing pentane that is complaint compliant with the requirements of this section without significant modifications to the existing f acility.
* * * * *

Subpart H—[Amended]

10. Section 80.330 is amended as follows: a. By revising paragraphs (b)(1)(i), (b)(1)(ii), an d (b)(2). b. By revising paragraph (c)(1). c. By revising paragraph (d)(2). d. By revising paragraph (e). § 80.330 What are the sampling and testing requirem ents for refiners and importers?
* * * * * (b) * * * (1) * * * (i) ASTM International standard practice D4057. Americ an Society for Testing and Materials (ASTM) method D 4057-95, entitled “Standa rd Practice for Manual Sampling
of Petroleum and Petroleum Products.” (ii) Samples collected under the applicable procedu res in ASTM method standard practice
D5842 -95, entitled “Standard Practice for Sampling and H andling of Fuels for Volatility Measurement,” may be used for measuring sulfur content if there is no contamination present that could affect the sulfur test result. (2) Automatic sampling of petroleum products in pip elines shall be performed according to the applicable procedures specified in ASTM method standard practice D4177 .-95, entitled “Standard Practice for Automatic Sampling of Petroleum and Petroleum
Products.”
* * * * * (c) * * * (1) For purposes of paragraph (a) of this section, refiners and importers shall use the method provided in §80.46(a)(1) or one of the alternative test methods listed in §80.46(a)(3) to measure the sulfur content of gasoline they produce or import through December 31,
20 15 . Beginning January 1, 2016, for purposes of paragr aph (a) of this section, refiners and importers shall use an approved method in §80.4 7.
* * * * * (d) * * * (2) Except as provided in paragraph (d)(1) of this section, any ASTM sulfur test method for gaseous fuels may be used for quality assurance tes ting under §§80.340(b)(4) and 80.400, if the protocols of the ASTM method are followed an d the alternative test method is** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments November 25, 2014

Page 15 of 26 correlated to the method provided in §80.46(a)(2) t hrough December 31, 20 15 , or in §80.47 beginning January 1, 2016. (e) Incorporations by reference . ASTM standard practices D 4057-95, D 4177-95 and D 5842-95 are incorporated by reference. These incorp orations by reference were approved by the Director of the Federal Register in accordan ce with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the American S ociety for Testing and Materials, 100 Barr Harbor Dr., West Conshohocken, PA 19428. C opies may be inspected at the Air Docket Section (LE-131), room M-1500, U.S. Environm ental Protection Agency, Docket No. A-97-03, 1200 Pennsylvania Ave., NW., Washingto n, DC 20460, or at the National Archives and Records Administration (NARA). For inf ormation on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_fe deral_regulations/ibr_locations.html

. Materials incorporated by reference. The published materials identified in this section are incorporated by reference into this section wit h the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR pa rt 51. To enforce any edition other than that specified in this section, a document mus t be published in the FEDERAL
REGISTER and the material must be available to the public. All approved materials are available for inspection at the Air and Radiation D ocket and Information Center (Air Docket) in the EPA Docket Center (EPA/DC) at Rm. 33 34, EPA West Bldg., 1301 Constitution Ave. NW., Washington, DC. The EPA/DC P ublic Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday throug h Friday, excluding legal holidays. The telephone number of the EPA/DC Public Reading R oom is (202) 566-1744, and the telephone number for the Air Docket is (202) 566-17 42. These approved materials are also available for inspection at the National Archi ves 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_fe deral_regulations/ibr_locations.html. In addition, these materials are available from the sources listed below. (1) ASTM International material. The following stan dards are available from ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428- 2959, (877) 909-ASTM, or http://www.astm.org: (i) ASTM standard practice D4057-12, Standard Pract ice for Manual Sampling of Petroleum and Petroleum Products, approved December 1, 2012 (“ASTM D4057”). (ii) ASTM standard practice D4177-95 (Reapproved 20 10), Standard Practice for Automatic Sampling of Petroleum and Petroleum Products, appro ved May 1, 2010 (“ASTM D4177”). (iii) ASTM standard practice D5842-14, Standard Pra ctice for Sampling and Handling of for Fuels for Volatility Measurement, approved January 15, 2014 (“ASTM D5842”). (2) [Reserved]

Subpart I—[Amended]

11. Section 80.574 is amended by revising paragraph (b) to read as follows: § 80.574 What labeling requirements apply to retai lers and wholesale purchaserconsumers of ECA marine fuel beginning June 1, 2014 ?
* * * * *** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments November 25, 2014

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

12. Section 80.584 is amended by revising paragraph (a) to read as follows: §80.584 What are the precision and accuracy criteri a for approval of test methods for determining the sulfur content of motor vehicle die sel fuel, NRLM diesel fuel, and ECA
marine fuel? (a) Precision. (1) For motor vehicle diesel fuel and diesel fuel additives subject to the 15 ppm sulfur standard of §80.520(a)(1) and NRLM diese l fuel and diesel fuel additives subject to the 15 ppm sulfur standard of §80.510(b) and (c), a standard deviation less than 0.72 ppm, computed from the results of a minimum of 20 repeat tests made over 20 days (tests may be arranged into no fewer than five batc hes of four or fewer tests each, with only one such batch allowed per day over the minimu m of 20 days) on samples taken from a single homogeneous commercially available di esel fuel with a sulfur content in the range of 5-15 ppm. The 20 results must be a ser ies of tests with a sequential record of the analyses and no omissions. A laboratory facilit y may exclude a given sample or test result only if the exclusion is for a valid reason under good laboratory practices and it maintains records regarding the sample and test res ults and the reason for excluding
them. (2) For motor vehicle diesel fuel subject to the 50 0 ppm sulfur standard of §80.520(c), and for NRLM diesel fuel subject to the 500 ppm sulfur standard of §80.510(a), of a standard deviation less than 9.68 ppm, computed from the res ults of a minimum of 20 repeat tests made over 20 days (tests may be arranged into no fewer than five batc hes of four or fewer tests each, with only one such batch allowed per day over the minimum of 20 days) on samples taken from a single homogeneous commerci ally available diesel fuel with a sulfur content in the range of 200-500 ppm. The 20 results must be a series of tests with a sequential record of the analyses and no omissions. A laboratory facility may exclude a given sample or test result only if the exclusion i s for a valid reason under good laboratory practices and it maintains records regar ding the sample and test results and the reason for excluding them. (3) For ECA marine fuel subject to the 1,000 ppm su lfur standard of §80.510(k), of a standard deviation less than 18.07 ppm, computed fr om the results of a minimum of 20
repeat tests made over 20 days (tests may be arranged into no fewer than five batc hes of four or fewer tests each, with only one such batch allowed per day over the minimum of 20 days) on samples taken from a single homogeneous commerci ally available diesel fuel with a sulfur content in the range of 700-1,000 ppm . The 20 results must be a series of tests with a sequential record of the analyses and no omissions. A laboratory facility may exclude a given sample or test result only if the e xclusion is for a valid reason under good laboratory practices and it maintains records regar ding the sample and test results and the reason for excluding them.
* * * * *

13. Section 80.585 is amended as follows: a. By revising paragraph (a).** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments November 25, 2014

Page 17 of 26 b. By revising paragraphs (e)(1), (e)(2), and (e)( 4). c. By adding a new paragraph (f). § 80.585 What is the process for approval of a tes t method for determining the sulfur
content of diesel or ECA marine fuel? (a) (1) Approval of test methods approved by voluntary cons ensus-based standards bodies. Through December 31, 2015, fF or such a method to be approved, the following info rmation must be submitted to the Administrator by each test facility for each test method that it wishes to have approved: Any test method approved by a volunt ary consensus-based standards body, such

as ASTM International the American Society for Testing and Materials (ASTM) or the
International Standards Organization for Standardization (ISO), shall be approved as a test method for determining the sulfur content of diesel fuel if it meets the applicable accuracy and precision criteria under §80.584. The approval of a test method is limited to the single test facility that performed the testing for accuracy an d precision. The individual facility must submit the accuracy and precision results for each method, including information on the date and time of each test measurement used to demonstrate precision , following procedures established by the
Administrator. (2) Approval of test methods approved by voluntary cons ensus-based standards bodies. Beginning January 1, 2016, any test method approved by a voluntary consensus-based standards body, such as the ASTM International Amer ican Society for Testing and Materials (ASTM) or the International Standards Org anization for Standardization (ISO), shall be approved as a test method for determining the sulfur content of diesel fuel if it meets the applicable accuracy and precision criteri a under §80.584. These records must be kept by the facility for a period of five years.
* * * * * (e) * * * (1) Follow all mandatory provisions of ASTM D6299 -02 and construct control charts from the mandatory quality control testing prescribed in paragraph 7.1 of the reference method, following guidelines under A 1.5.1 for individual o bservation charts and A 1.5. 2 4 for moving range charts. The Director of the Federal Register approved the incorporation by reference of ASTM D 6299-02, Standard Practice for Applying Statistical Quality Assurance Techniques to Evaluate Analytical Measure ment System Performance, as prescribed in 5 U.S.C. 552(a) and 1 CFR part 51. An yone may purchase copies of this standard from the American Society for Testing and Materials, 100 Barr Harbor Dr., West Conshohocken, PA 19428. Anyone may inspect cop ies at the U.S. EPA, Air and Radiation Docket and Information Center, 1301 Const itution Ave., NW., Room B102, EPA West Building, Washington, DC 20460 or at the N ational Archives and Records Administration (NARA). For information on the avail ability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_fe deral_regulations/ibr_locations.html. (2) Follow paragraph 7.3.1 of ASTM D6299 -02 to check standards using a reference material at least monthly or following any major change to t he laboratory equipment or test procedure. Any deviation from the accepted referenc e value of a check standard greater than 1.44 ppm (for diesel fuel subject to the 15 pp m sulfur standard), 19.36 ppm (for diesel fuel subject to the 500 ppm sulfur standard) , or 36.14 ppm (for ECA marine fuel subject to the 1,000 ppm sulfur standard must be in vestigated.
* * * * *** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments November 25, 2014

Page 18 of 26 (4) Upon discovery of any quality control testing v iolation of paragraph A 1.5.1.3 for
individual observation charts or A1.5.4.1 and A1.5. 4.2 for moving range charts of ASTM
D6299or A 1.5.2.1 of ASTM D 6299-02 , or any check standard deviation greater than 1.44 ppm (for diesel fuel subject to the 15 ppm sul fur standard), 19.36 ppm (for diesel fuel subject to the 500 ppm sulfur standard), or 36 .14 ppm (for ECA marine fuel subject to the 1,000 ppm sulfur standard), conduct an inves tigation into the cause of such violation or deviation and, after restoring method performance to statistical control, retest retained samples from batches originally tested sin ce the last satisfactory quality control material or check standard testing occasion. (f) Materials incorporated by reference. The published materials identified in this sectio n are incorporated by reference into this section wit h the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR pa rt 51. To enforce any edition other than that specified in this section, a document mus t be published in the FEDERAL
REGISTER and the material must be available to the public. All approved materials are available for inspection at the Air and Radiation D ocket and Information Center (Air Docket) in the EPA Docket Center (EPA/DC) at Rm. 33 34, EPA West Bldg., 1301 Constitution Ave. NW, Washington, DC. The EPA/DC P ublic Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday throug h Friday, excluding legal holidays. The telephone number of the EPA/DC Public Reading R oom is (202) 566-1744, and the telephone number for the Air Docket is (202) 566-17 42. These approved materials are also available for inspection at the National Archi ves and Records Administration (NARA). For information on the availability of thi s material at NARA, call (202) 741- 6030 or go to http://www.archives.gov/federal_register/code_of_fe deral_regulations/ibr_locations.html

. In addition, these materials are available from the so urces listed below. (1) ASTM International material. The following standards are available from ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428- 2959, (877) 909-ASTM, or http://www.astm.org : (i) ASTM D6299-13, Standard Practice for Applying S tatistical Quality Assurance and Control Charting Techniques to Evaluate Analytical Measurement System Performance, approved October 1, 2013 (“ASTM D6299”). (ii) [Reserved] (2) [Reserved]

14. Section 80.590 is amended by revising paragraphs (a )(7)(vii) and (b) to read as follows: §80.590 What are the product transfer document req uirements for motor vehicle diesel fuel, NRLM diesel fuel, heating oil, ECA marine fue l, and other distillates? (a) * * * (7) * * * (vii) ECA marine fuel. For ECA marine fuel produced or imported beginning June 1, 2014, “1,000 ppm sulfur (maximum) ECA marine fuel. For us e in Category 3 marine vessels only. Not for use in engines not installed on C3 ma rine vessels.” (b) TAny of t he following may be substituted for the description s in paragraph (a) of this section, as appropriate: (1) “This is high sulfur diesel fuel for use only i n Guam, American Samoa, or the Northern
Mariana Islands.” ;** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments November 25, 2014

Page 19 of 26 (2) “This diesel fuel is for export use only.” ; (3) “This diesel fuel is for research, development, or testing purposes only.” ; or (4) “This diesel fuel is for use in diesel highway vehicles or nonroad equipment under an EPA-approved national security exemption only.” (5) “High sulfur fuel. For use only in ships with a n approved permit as allowed by MARPOL Annex VI, Regulation 3.” (6) “High sulfur fuel. For use only in ships as all owed by MARPOL Annex VI, Regulation
4.” (7) “High sulfur fuel. For use only in ships as all owed by MARPOL Annex VI, Regulation 3 or Regulation 4.”
* * * * *

15. Section 80.597 is amended by revising paragraph (d) (3) to read as follows: §80.597 What are the registration requirements?
* * * * * (d) * * * (3) Except as prescribed in paragraph (d)(6) of thi s section, each entity as defined in §80.502 that intends to deliver or receive custody of any of the following fuels beginning June 1, 2014, must register with EPA by December 31, 2012, or prior to commencement of producing, importing, or distributing any distillate or residual fuel listed in this paragraph (d) (3) : * * * * *

16. Section 80.607 is amended as follows: a. By revising the section heading. b. By revising paragraph (a). c. By revising paragraphs (c)(3)(iv) and (c)(4)(iv ). d. By revising paragraphs (d)(1) and (d)(3). e. By revising paragraph (f). §80.607 What are the requirements for obtaining an exemption for diesel fuel or ECA
marine fuel used for research, development or testing purposes ? (a) Written request for a research and development exemption. Any person may receive an exemption from the provisions of this subpart for MVNRLM diesel fuel or ECA marine
fuel used for research, development, or testing purpose s by submitting the information listed in paragraph (c) of this section to: Director, Transportation and Regional Programs Division (U.S. EPA—Attn: Research and Development E xemption Request, 6406J )

, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC
20460 . (postal mail); or Director, Transportation and Re gional Programs Division, U.S. Environmental Protection Agency, 1310 L Street, NW. , 6th floor, Washington, DC 20005 (express mail/courier); and Director, Air Enforceme nt Division (2242A), U.S. Environmental Protection Agency, Ariel Rios Buildin g, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
* * * * * (c) * * * (3) * * *** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments November 25, 2014

Page 20 of 26 (iv) The quantity of fuel which does not comply wit h the requirements of §§80.520 and 80.521 for motor vehicle diesel fuel, or §80.510 fo r NRLM diesel fuel or ECA marine
fuel

. * * * * * (4) * * * (iv) The manner in which the party will ensure that the research and development fuel will be segregated from motor vehicle diesel fuel , or NRLM diesel fuel , or ECA marine fuel , as applicable, and how fuel pumps will be labeled to e nsure proper use of the research and development fuel.
* * * * * (d) Additional requirements. (1) The product transf er documents associated with research and development motor vehicle diesel fuel must comply with the product transfer
document requirements of §80.590(b)(3).

* * * * * (3) The research and development fuel must be kept segregated from non-exempt MVNRLM
diesel fuel and ECA marine fuel at all points in the distribution system.
* * * * * (f) Effects of exemption. Motor vehicle diesel fue l , or NRLM diesel fuel , or ECA marine
fuel that is subject to a research and development exem ption under this section is exempt from other provisions of this subpart provided that the fuel is used in a manner that complies with the purpose of the program under para graph (c) of this section and the requirements of this section.
* * * * *

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

Territories?
* * * * * (d) Segregated from non-exempt MVNRLM diesel fuel a nd/or non-exempt ECA marine fuel at all points in the distribution system from the p oint the fuel is designated as exempt fuel only for use in Guam, American Samoa, or the Common wealth of the Northern Mariana Islands, while the exempt fuel is in the United Sta tes ( including an or the North
AmericanUnited States Emission Control Area , or an ECA associated area per 40 CFR
1043.20 ) but outside these Territories.

Subpart L--[Amended]

18. Section 80.1295 is amended by revising paragraph (b )(1)(ii) to read as follows: § 80.1295 How are gasoline benzene credits used?
* * * * * (b) * * * (1) * * * (ii) Any credit transfer takes place no later than the last day of FebruaryMarch 31 following the calendar year averaging period when the credits are used.
* * * * *** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments November 25, 2014

Page 21 of 26 Subpart M--[Amended]

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

§80.1453 What are the product transfer document (P TD) requirements for the RFS program? (a) On each occasion when any party transfers owner ship of neat and/or blended renewable
fuels , except when such fuel is dispensed into motor veh icles or nonroad vehicles, engines, or equipment, or separated RINs subject to this subpart, the tra nsferor must provide to the transferee documents that include al l of the following information, as applicable:
* * * * * (12) Except as provided in § 80.1433, fF or the transfer of renewable fuel for which RINs we re generated, an accurate and clear statement on the p roduct transfer document of the fuel type from Table 1 to § 80.1426, and designation of the fuel use(s) intended by the transferor, as follows:
* * * * *

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

§80.1471 Requirements for QAP Auditors.
* * * * * (d)(1) In the event that an independent third-party auditor identifies a RIN that may have been invalidly generated, the independent third-party au ditor shall, within the nextfive business day s , send notification of the potentially invalidly ge nerated RIN to the EPA and the renewable fuel producer that generated the RIN.
* * * * *

Subpart O—Gasoline Sulfur

21. Section 80.1609 is amended by revising paragraph (a ) to read as follows: § 80.1609 Oxygenate blender requirements. (a) Oxygenate blenders who blend only oxygenate tha t complies with the requirements of paragraph (b) of this section into gasoline downstr eam of the refinery that produced the gasoline or the import facility where the gasoline was impor ted are not subject to the refiner or importer requirements of this subpart for such gasoline, but are subject to the requirements and prohibitions applicable to downstream parties in th is subpart. Such oxygenate blenders are subject to the requirements of paragraph (b) of thi s section, the requirements and prohibitions applicable to downstream parties, the requirements of § 80.1603(d)( 42 ), and the prohibition specified in § 80.1660(e).
* * * * *

22. Section 80.1611 is amended as follows: a. By revising paragraph (a)(1).** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments November 25, 2014

Page 22 of 26 b. By revising paragraphs (c) introductory text, ( c)(1), and (c)(2). c. By revising paragraph (d). § 80.1611 Standards and requirements for certified ethanol denaturant.
* * * * * (a) * * * (1) The sulfur content must not be greater than 330 ppm as determined in accordance with the test requirements of § 80.1630. If the denaturant manufacturer represents a batch of denaturant as having a maximum sulfur content of less than lower than 330 ppm i n the PTD (for example, no greater than 120 ppm) , then the actual sulfur content must be no greater than the stated value as determined in accordance with the requirements o f § 80.1644.
* * * * * (c) PTDs. In addition to any other product transfer documen t requirements under this part 80, on each occasion when any person transfers cust ody or title to any certified ethanol
denaturant designated as suitable for the production of DFE m eeting federal quality requirements upstream of a DFE production or import facility, th e transferor shall provide to the transferee product transfer documents which include all the fo llowing information. (1) The following statement: “Certified Ethanol Den aturant suitable for use in the manufacture of denatured fuel ethanol meeting EPA s tandards.”

. (2) If the certified ethanol denaturant manufacturer re presents that a batch of ethanol denaturant has sulfur content less than 330 ppm, th en either the actual sulfur content of the denaturant must be clearly stated on the PTD, or tT he PTD must state the sulfur content is 330 ppm or less ,. or if the certified ethanol denaturant manufactu rer represents a batch of denaturant as having a maximum sulfur content lower than 330 p pm the PTD must state that lower sulfur maximum (e.g., has a sulfur content of 120 ppm or l ess).
* * * * * (d) Batch numbers. Every batch of certified ethanol denaturant produ ced or imported at oxygenate a denaturant production or import facility shall be assigned a n umber (the “batch number”), consisting of the EPA-assigned ethanol de naturant producer or importer registration number, the EPA facility registration number, the l ast two digits of the year in which the batch was produced, and a unique number for the batch, be ginning with the number one for the first batch produced or imported each calendar year and e ach subsequent batch during the calendar year being assigned the next sequential number (e.g

. , 4321–54321–95–000001, 4321–54321–95– 000002, etc.).

23. Section 80.1613 is amended by revising paragraph (a ) introductory text and paragraph (b)(3)
to read as follows: § 80.1613 Standards and other requirements for gaso line additive manufacturers and
blenders.
* * * * * (a) Gasoline additive manufacturers, as defined in 40 CFR 79.2(f), who manufacture
additives with a maximum allowed treatment rate of less than 1.0 volume percent or less must meet all the following requirements:
* * * * * (b) * * * (3) The person does not add the additive at a conce ntration that contributes more than 3 ppm on a per gallon basis to the sulfur content of gaso line.** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments November 25, 2014

Page 23 of 26 * * * * *

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

* * * * * (d) For approved small refiners and small volume re fineries only, the number of credits generated from January 1, 2017 through December 31, 2019 shall be calculated annually for each applicable averaging period as follows: (1) If From January 1, 2017 through December 31, 2019, if a small refiner or small volume refinery has an annual average sulfur level (S a ) less than 30.00 ppm but greater than 10.00 ppm from January 1, 2017 through December 31, 2019 , the refiner may generate credits using the equation specified in paragraph (b) of this section for use in complying with the annual average standards of subpart H of this part. (2) From January 1, 2017 through December 31, 2019, iI f a small refiner or small volume refinery has an annual average sulfur level (S a ) less than 10.00 ppm from January 1, 2017 through December 31, 2019 , the refiner may generate credits using the equati on specified in paragraph (c) of this section for use in complying with the annual average standards of § 80.1603(c)(1) and the following equation for comply ing with the annual average standards of subpart H of this part:
CR T2 = V a × (20.00)
Where:
CR T2 = Credits generated for the averaging period for u se in complying with the annual average standards of subpart H of this part only.

V a = Total annual volume of gasoline produced at a re finery or imported during the averaging period. (For example: A small refiner with an annual aver age sulfur level of 8 ppm in 2018 may generate CR a = 2 ppm-volume credits (10-8) for compliance with the annual average standards of § 80.1603(c)(1) plus CR T2 = 20 ppm-volume credits (30-10) for compliance wit h the annual average sulfur standards of subpart H of this part. )
* * * * *

25. Section 80.1616 is amended by adding and reserving paragraph (a)(4) and amending paragraph (b)(2) to read as follows: § 80.1616 Credit use and transfer. (a) * * * (4) [Reserved]
* * * * * (b) * * * (2) Credits generated under § 80.1615(b) through (d ) are valid for use for five years after the year in which they are generated, except that any C R a credits generated in 2015 and 2016 and any remaining CR T2 credits will expire and become invalid after March December 31, 20202019

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

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

Page 24 of 26 26. Section 80.1620 is amended by revising paragraphs ( d), (e)(1), (e)(2), and (f)(1) to read as
follows: § 80.1620 Small refiner definition.
* * * * * (d) Notwithstanding the provisions of paragraphs (a ) and (e)(1) of this section, a refiner that acquires or reactivates a refinery that was shut do wn or non-operational during calendar year
20112012 , may apply for small refiner status under this sub part O. (e) * * * (1) Refiners with refineries built or started up on or after January 1, 20122013

. (2) Persons who exceed the employee or crude oil ca pacity criteria under this section on January 1, 20122013 , but who meet these criteria after that date, rega rdless of whether the reduction in employees or crude oil capacity is due to operational changes at the refinery or a company sale or reorganization.
* * * * * (f)(1) A refiner approved as a small refiner under § 80.1622 who subsequently ceases production of gasoline from processing crude oil th rough refinery processing units, employs more than 1,500 people, or exceeds the 155,000 bpcd crude oil capacity limit after January 1,
2012 2013 as a result of merger with or acquisition of or by another entity, is disqualified as a small refiner, except as provided for under paragra ph (f)(4) of this section. If such disqualification occurs, the refiner shall notify E PA in writing no later than 20 days following the disqualifying event.
* * * * *

27. Section 80.1621 is amended by adding paragraphs (c) and (d) to read as follows: § 80.1621 Small volume refinery definition.
* * * * * (c) [Reserved] (d)(1) A refinery approved as a small refinery unde r § 80.1622 that subsequently ceases production of gasoline from processing crude oil th rough refinery processing units or exceeds the 75,000 barrel average aggregate daily c rude oil throughput limit is disqualified as a small refinery. If such disqualif ication occurs, the refinery shall notify EPA in writing no later than 20 days following the disqualifying event. (2) Any refinery whose status changes under this pa ragraph (d) shall meet the applicable standards of § 80.1603 within a period of up to 30 months from the disqualifying event.

28. Section 80.1640 is amended by revising paragraph (a )(2) to read as follows: § 80.1640 Standards and requirements that apply to refiners producing gasoline by blending blendstocks into previously certified gaso line (PCG). (a) * * * (2) To accomplish the exclusion required in paragra ph (a)( 15 ) of this section, the refiner must
determine the volume and sulfur content of the PCG used at the refinery and the volume of and sulfur content of the gasoline produced at the refi nery, and use the compliance calculation procedures in paragraphs (a)(3) and (4) of this sec tion.
* * * * *

29. Section 80.1642 is amended by revising paragraphs ( c)(1) and (c)(3) to read as follows:** STAFF DRAFT ** Tier 3 Rulemaking Technical Amendments November 25, 2014

Page 25 of 26 § 80.1642 Sampling and testing requirements for pr oducers and importers of denatured fuel ethanol and other oxygenates for use by oxygen ate blenders.
* * * * * (c) * * * (1) The sulfur content of the batch of DFE shall be calculated by volume weighting the sulfur
contribution from the denaturant ) , and the neat ethanol used. (2) * * * (3) The sulfur content of the certified denaturant (s) used in the calculation in paragraph (c)(1) of
this section must be consistent with the PTD (s) obtained from a registered certified ethanol denaturant producer (s) or importer (s) in accordance with the requirements of § 80.1611. If the
PTD from the certified ethanol denaturant states th at the sulfur content is 330 ppm, then the
sulfur content of the sulfur content of the ethanol denaturant must be assumed to be 330 ppm.
* * * * *

30. Section 80.1645 is amended by revising the section heading and the introductory text to read
as follows: § 80.1645 Sample retention requirements for produc ers and importers of certified ethanol
denaturant

designated as suitable for the manufacture of dena tured fuel ethanol meeting federal quality requirements

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

31. Section 80.1650 is amended as follows: a. By revising paragraph (a)(4). b. By revising paragraph (b). c. By revising paragraph (g)(3). § 80.1650 Registration.
* * * * * (a) * * * (4) Producer or importer of certified ethanol denaturant subject to the standards under § 80.1611

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

. If a previously unregistered refiner or importer in tends to generate credits prior to January 1, 2017 (pursuant to § 80.1615), registration must occ ur at least 90 days prior to submitting an annual compliance report demonstrating credit gener ation. (2) Any oxygenate producer or importer required to register shall do so by November 1, 2016, or at least 60 days in advance of the first date that such person will produce or import oxygenate

, whichever is earlier

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

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

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

. * * * * * (g) * * * (3) Any oxygenate blenderproducer shall submit updated registration information to t he Administrator within thirty days of any occasion wh en the registration information previously supplied becomes incomplete or inaccurate.
* * * * *

32. Section 80.1652 is amended by revising paragraph (c ) introductory text to read as follows: § 80.1652 Reporting requirements for gasoline refi ners, gasoline importers, oxygenate producers, and oxygenate importers.
* * * * * (c) Oxygenate refiner producer and importer annual reports. Any oxygenate produce r, for each of its production facilities, and any importer for the oxygenate it imports, shall submit a report for each calendar year period that includes all the following information:
* * * * *

33. Section 80.1667 is amended by removing and reservin g paragraph (c)(1) to read as follows: § 80.1667 Attest engagement requirements.
* * * * * (c) * * * (1) Obtain a written representation from the company re presentative stating the refinery produces gasoline from crude oil.[Reserved]
* * * * *