1

Summary of Responses to Comments Regarding Detailed Edits of the Proposed Fuel 

Regulations in the Tier 3 NPRM

The following table contains our responses to detailed comments on the proposed 

amendments to the fuel regulations in 40 CFR Parts 79 and 80 that were contained in the Tier 3 

NPRM. 

Comment EPA Response/Action

§ 79.5: Improper use of the phrase “of 

this section”

Regulatory text amended to address comment 

40 CFR 80: Discontinue toxics 

calculation and reporting for blendstocks 

for butane and TGP. Reduce sampling 

and testing for blendstocks (T50, T90, 

E200, and E300)

We are not making the requested changes as 

discussed in Section VI.A. of the preamble. We may

consider whether additional changes in the context of 

a broader regulatory streamlining rulemaking in the 

future. 

§ 80.2: Broaden definition of NGL used 

as an ethanol denaturant and as a 

blendstock for E51-83

Regulatory text amended to address comment with 

respect to NGL used as an ethanol denaturant. 

Deferring finalizing standards for E51-83 including 

the use of NGL as an E51-83 blendstock

§ 80.2(cccc): Amend E51-83 definition Deferring finalizing standards for E51-83

§ 80.65(f)(3)(iii)(A): Amend text 

regarding reporting requirements

Regulatory text amended to address comment

§ 80.75: Amend text regarding reporting 

requirements

Regulatory text amended to address comments

§ 80.75: Extended deadline for attest 

engagements

We do not believe that it is necessary to extend the 

deadline as suggested in the comments, as discussed 

in Section VI.A.1.b. of the preamble to the final rule. 
2

Comment EPA Response/Action

§ 80.82: Amend requirements regarding 

butane quality records

Deferring making suggested change to allow 

additional consideration

§ 80.1347: Change the words “at the 

refinery” to “by the refiner” regarding 

benzene sampling

Deferring making suggested change to allow 

additional consideration

§ 80.1601(a)(4): Provide clarity

regarding the applicability of 

requirements to E16-50

Deferring finalizing standards for E16-50

§ 80.1601(b)(2): Provide clarity regarding 

applicability of Subpart O requirements 

to E16-50 and E50-E83 sold in California

Deferring finalizing standards for E16-50 and E51-83

§ 80.1603(d)(3)(i): Clarify requirements 

regarding the reporting of conventional 

gasoline and CBOB volumes

We believe that regulations as amended are clear.

§ 80.1608: Provide clarity regarding the 

effective date for E51-83 requirements

Deferring finalizing standards for E51-83

§ 80.1608(b)(2): Amend benzene 

specifications for E51-83 

Deferring finalizing standards for E51-83

§ 80.1608(b)(4): Correct error regarding 

the RVP requirements for E51-83

Deferring finalizing standards for E51-83

§ 80.1608(c)(3): Amend benzene 

requirements for E51-83

Deferring finalizing standards for E51-83

§ 80.1610: Amend requirements 

regarding the demonstration of 

compliance with the requirements for 

denatured fuel ethanol

These comments are addressed in the context of 

responding to comments in chapter 5.3 of the 

Summary and Analysis of Comments document
3

Comment EPA Response/Action

§ 80.1611: Provide clarity regarding the 

effective date for E51-83 requirements 

Deferring finalizing standards for E51-83

§ 80.1611(a)(b): Amend requirements 

regarding the limitation on blendstocks 

used in E51-83

Deferring finalizing standards for E51-83

§ 80.1612(b): Amend prohibition on use 

of E51-83 made with NGL for use on 

making E16-50

Deferring finalizing standards for E16-50 and E51-83

§ 80.1615(a): Allow butane blenders and 

transmix processors to generate credits 

We do not believe that is necessary or appropriate for 

butane blenders and transmix processors to generate 

credits

§ 80.1616(a): Change date until early 

credits are valid until March 31, 2020 

Regulatory text amended to address comment

§ 80.1622: Extend application for small 

refiner/refinery status until June 31, 2014

The application was extended until January 1, 2015

§ 80.1632: Amend benzene requirements 

for E51-83

Deferring finalizing standards for E51-83

§ 80.1650(b)(1): Change registration date 

to June 30, 2014,

The registration date for refiners and importers has 

been set at December 1, 2016.

§ 80.1651: Amend Product transfer 

document requirements 

These comments are addressed in the context of 

responding to comments in chapter 5.3 of the 

Summary and Analysis of Comments document that 

accompanies the Tier 3 final rule

§ 80.1652: Amend Product transfer 

document requirements

These comments are addressed in the context of 

responding to comments in chapter 5.3 of the 

Summary and Analysis of Comments document
4

Comment EPA Response/Action

§ 80.1652(a)(7(iv): Clarify how 

identification of test method should be 

reported 

EPA will provide guidance on how reporting forms 

should be filled out

§ 80.1653” Amend Product transfer 

document requirements

These comments are addressed in the context of 

responding to comments in chapter 5.3 of the 

Summary and Analysis of Comments document

§ 80.1662(a)(5): Amend branded 

refiner/importer liability regarding E16-

50 and E51-83 violations

Deferring finalizing standards for E16-50 and E51-83

§ 80.1615(c): Amend Calculation of 

credits

Regulatory text amended to address comment

§ 80.1656: Provide exemption for 

aviation and racing gasoline

The exemption for aviation and racing gasoline is 

address in 80.1601

§ 80.1667: Amend regulations re attest 

engagements

Regulatory text amended to address comment

Comments on regulatory sections 

regarding performance based testing

These comments are addressed in chapter 6.1.2. of 

the Summary and Analysis of Comments document 

that accompanies the Tier 3 final rule