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For the reasons set forth in the preamble, title 40, chapter 1 of the Code of Federal Regulations is 

amended as follows:

Part 79-REGISTRATION OF FUEL AND FUEL ADDITIVES

1. The authority citation for part 79 continues to read as follows:

Authority: 42 USC 7414, 7524, 7545, and 7601

2. Section 79.5 is amended by:

a. Revising paragraph (a).

b. Revising paragraph (b) introductory text.

§ 79.5 Periodic reporting requirements.

(a) Fuel manufacturers. (1) For each calendar quarter (January through March, April through 

June, July through September, October through December) commencing after the date 

prescribed for a particular fuel in subpart D of this part, fuel manufacturers shall submit 

to the Administrator a report for each registered fuel showing the range of concentration 

of each additive reported under §79.11(a) and the volume of such fuel produced in the 

quarter. Reports shall be submitted by the required deadline as shown in Table 1 to §79.5 

on forms supplied by the Administrator upon request.

Table 1 to §79.5: Quarterly Reporting Deadlines

Calendar Quarter Time Period Covered Quarterly Report Deadline

Quarter 1 January 1 – March 31 June 1

Quarter 2 April 1 – June 30 September 1

Quarter 3 July 1 – September 30 December 1

Quarter 4 October 1 – December 31 March 31

(2) Fuel manufacturers shall submit to the Administrator a report annually for each registered 

fuel providing additional data and information as specified in §79.32(c) and (d) and 

§79.33(c) and (d) in the designation of the fuel in subpart D of this part. Reports shall be 

submitted by March 31 for the preceding year, or part thereof, on forms supplied by the 

Administrator upon request. If the date prescribed for a particular fuel in subpart D of 

this part, or the later registration of a fuel is between October 1 and December 31, no 

report will be required for the period to the end of that year.

(b) Additive manufacturers. Additive manufacturers shall submit to the Administrator a 

report annually for each registered additive providing additional data and information as 

specified in §79.31(c) and (d) in the designation of the additive in subpart D of this part. 

Additive manufacturers shall also report annually the volume of each additive produced.

Reports shall be submitted by March 31 for the preceding year, or part thereof, on forms 

supplied by the Administrator upon request. If the date prescribed for a particular 
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additive in subpart D of this part, or the later registration of an additive is between 

October 1 and December 31, no report will be required for the period to the end of that 

year. These periodic reports shall not, however, be required for any additive that is:

* * * * *

Part 80-REGULATION OF FUEL AND FUEL ADDITIVES

3. The authority citation for part 80 is revised to read as follows:

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

Subpart A--[Amended] 

4. Section 80.2 is amended by:

a. Revising the introductory text.

b. Revising paragraph (d).

c. Revising paragraph (w).

d. Revising paragraph (z).

e. Revising paragraph (fff).

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

(dddd), (eeee), (ffff), (gggg), (hhhh), and (iiii).

§ 80.2 Definitions.

Definitions apply in this part as described in this section.

* * * * *

(d) Previously certified gasoline, or PCG, means conventional gasoline, reformulated 

gasoline, RBOB, or CBOB that previously has been included in a batch 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 D976.

* * * * *

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

follows:

(1) Through December 31, 2015, determine aromatic content of diesel fuel by ASTM D1319. 

(2) Beginning January 1, 2016, , determine aromatic content of diesel fuel by a test method 

approved under §80.47.

* * * * *

(fff) #1D means the distillate fuel classification relating to “No. 1-D” diesel fuels as described 

in ASTM D975.

* * * * *
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(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 produced or 

imported for use in motor gasoline, and that meets the requirements of §80.1610.

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

supervises an oxygenate production facility.

(xxx) Oxygenate production facility means any facility where oxygenate including DFE 

designated as transportation fuel is produced.

(yyy) Oxygenate importer means a person who imports oxygenate from a foreign country into 

the United States (including the Commonwealth of Puerto Rico, the Virgin Islands, 

Guam, American Samoa, and the Northern Mariana Islands).

(zzz) Oxygenate import facility means any facility where oxygenate including DFE designated 

as transportation fuel is imported into the United States.

(aaaa) CBOB means gasoline blendstock that could become conventional gasoline solely upon 

the addition of oxygenate.

(bbbb) 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 facilities such as a natural gas production facility, a gas processing plant, a 

natural gas pipeline, or a refinery or similar facility. The higher temperature boiling 

components of NGL are sometimes referred to as “natural gasoline”.

(cccc) 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.

(dddd) Butane blender means a refiner or refinery that produces gasoline by blending butane that 

meets the quality specifications in §80.82 with conventional gasoline, CBOB, 

reformulated gasoline, or RBOB, and that uses the streamlined provisions in §80.82 to 

meet some of the applicable sampling and testing requirements.

(eeee) Pentane blender means a refiner or refinery that produces gasoline by blending pentane 

that meets the quality specifications in §80.86 with conventional gasoline, CBOB, 

reformulated gasoline, or RBOB, and that uses the streamlined provisions in §80.85 to 

meet some of the applicable sampling and testing requirements.

(ffff) Blender-commercial grade pentane means pentane that meets the requirements in 

§80.86(a)(3) for pentane for use by a pentane blender pursuant to the requirements of 

§80.85.
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(gggg) Blender-non-commercial grade pentane means pentane that meets the requirements in 

§80.86(a)(4) for pentane for use by a pentane blender pursuant to the requirements of 

§80.85.

(hhhh) Ethanol denaturant means previously certified gasoline (including previously certified 

blendstocks for oxygenate blending), gasoline blendstocks, or natural gasoline liquids 

that are added to neat (un-denatured) ethanol to make it unfit for human consumption in 

accordance with the requirements of the Alcohol and Tobacco Tax and Trade Bureau of 

the United States Treasury Department.

(iiii) The published materials identified in this section are incorporated by reference into this 

section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) 

and 1 CFR part 51. To enforce any edition other than that specified in this section, a 

document must be published in the Federal Register and the material must be available 

to the public. All approved materials are available for inspection at the Air and Radiation 

Docket and Information Center (Air Docket) in the EPA Docket Center (EPA/ DC) at 

Rm. 3334, EPA West Bldg., 1301 Constitution Ave. NW., Washington, DC. The 

EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday

through Friday, excluding legal holidays. The telephone number of the EPA/DC Public 

Reading Room is (202) 566–1744, and the telephone number for the Air Docket is (202) 

566–1742. These approved materials are also available for inspection at the National 

Archives and Records Administration (NARA). For information on the availability of 

this material at NARA, call (202) 741–6030 or go to http:// 

www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. In 

addition, these materials are available from the sources listed below.

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

International, 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428-

2959, (877) 909–ASTM, or http://www.astm.org:

(i) ASTM D975-13a, Standard Specification for Diesel Fuel Oils, approved December 1, 

2013.

(ii) ASTM D976-06 (Reapproved 2011), Standard Test Method for Calculated Cetane Index 

of Distillate Fuels, approved October 1, 2011.

(iii) ASTM D1319-13, Standard Test Method for Hydrocarbon Types in Liquid Petroleum 

Products by Fluorescent Indicator Adsorption, approved May 1, 2013.

(2) [Reserved]

5. Section 80.8 is revised to read as follows:

§80.8 Sampling methods for gasoline, diesel fuel, fuel additives, and renewable fuels.

The sampling methods specified in this section shall be used to collect samples of gasoline, 

diesel fuel, blendstocks, fuel additives and renewable fuels for purposes of determining 

compliance with the requirements of this part.
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(a) Manual sampling. Manual sampling of tanks and pipelines shall be performed according 

to the applicable procedures specified in ASTM D4057.

(b) Automatic sampling. Automatic sampling of petroleum products in pipelines shall be 

performed according to the applicable procedures specified in ASTM D4177.

(c) Sampling and sample handling for volatility measurement. Samples to be analyzed for 

Reid Vapor Pressure (RVP) shall be collected and handled according to the applicable 

procedures specified in ASTM D5842.

(d) Sample compositing. Composite samples shall be prepared using the applicable 

procedures specified in ASTM D5854.

(e) Materials incorporated by reference. The published materials identified in this section 

are incorporated by reference into this section with the approval of the Director of the 

Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other 

than that specified in this section, a document must be published in the Federal Register

and the material must be available to the public. All approved materials are available for 

inspection at the Air and Radiation Docket and Information Center (Air Docket) in the 

EPA Docket Center (EPA/ DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave. 

NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 

a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone 

number of the EPA/DC Public Reading Room is (202) 566–1744, and the telephone 

number for the Air Docket is (202) 566–1742. These approved materials are also 

available for inspection at the National Archives and Records Administration (NARA). 

For information on the availability of this material at NARA, call (202) 741–6030 or go 

to http:// www.archives.gov/federal_register/ code_of_federal_regulations/ 

ibr_locations.html. In addition, these materials are available from the sources listed 

below.

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

International, 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428-

2959, (877) 909–ASTM, or http://www.astm.org:

(i) ASTM D4057-12, Standard Practice for Manual Sampling of Petroleum and Petroleum 

Products, approved December 1, 2012.

(ii) ASTM D4177-95 (Reapproved 2010), Standard Practice for Automatic Sampling of 

Petroleum and Petroleum Products, approved May 1, 2010.

(iii) ASTM D5842-04 (Reapproved 2009), Standard Practice for Sampling and Handling of 

Fuels for Volatility Measurement, approved July 1, 2009.

(iv) ASTM D5854-96 (Reapproved 2010), Standard Practice for Mixing and Handling of 

Liquid Samples of Petroleum and Petroleum Products, approved May 1, 2010.

(2) [Reserved]

Subpart D--[Amended] 

6. Section 80.46 is amended by:
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a. Revising the section heading.

b. Revising paragraphs (a)(1) through (a)(4).

c. Revising paragraphs (b)(1) and (b)(2)(i).

d. Revising paragraph (c).

e. Revising paragraph (d).

f. Revising paragraph (e).

g. Revising paragraphs (f)(1) and (f)(3)(i).

h. Revising paragraphs (g)(1) and (g)(2)(i).

i. Revising paragraph (h).

§80.46 Measurement of reformulated gasoline and conventional gasoline fuel parameters.

(a) * * *

(1) Through December 31, 2015, the sulfur content of gasoline must be determined by

ASTM D2622 or by one of the alternative test methods specified in paragraph (a)(3) of 

this section. Beginning January 1, 2016, the sulfur content of gasoline must be 

determined by a test method approved under §80.47.

(2) Through December 31, 2015, the sulfur content of butane must be determined by ASTM 

D6667 or by one of the alternative test methods specified in paragraph (a)(4) of this 

section. 

(3) Through December 31, 2015, any refiner or importer may use ASTM D3120, ASTM 

D5453, ASTM D6920, or ASTM D7039 for determining the sulfur content of gasoline 

provided the refiner or importer test result is correlated with the method specified in 

paragraph (a)(1) of this section:

(4) Beginning January 1, 2016, the sulfur content of butane must be determined by a test 

method approved under §80.47. Through December 31, 2015, any refiner or importer 

may determine the sulfur content of butane using ASTM D4468 or ASTM D3246; 

provided the refiner or importer test result is correlated with the method specified in 

paragraph (a)(2) of this section:

(b) * * *

(1) Through December 31, 2015, olefin content must be determined using ASTM D1319. 

Beginning January 1, 2016, the olefin content of gasoline may be determined by a test 

method approved under §80.47.

(2)(i) Through December 31, 2015, any refiner or importer may determine olefin content using 

ASTM D6550 for purposes of meeting any testing requirements involving olefin content, 

provided that:

* * * * *

(c) Reid Vapor Pressure (RVP). (1) Through December 31, 2015, Reid Vapor Pressure must 

be determined using ASTM D5191, except the following correction equation must be 

used:

RVP psi = (0.956 * X) – 0.347

RVP kPa = 0.956 * X) – 2.39

Where:

X = Total measured vapor pressure, in psi or kPa.
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(2) Beginning January 1, 2016, RVP may be determined by a test method approved under 

§80.47, except as provided in paragraph (c)(2)(i) of this section.

(i) For reporting purposes, the RVP test result computed from §80.47 must continue to 

utilize the RVP correction equation in paragraph (c)(1) of this section.

(ii) [Reserved]

(d) Distillation. Through December 31, 2015, distillation parameters must be determined 

using ASTM D86. Beginning January 1, 2016, the distillation parameters may be 

determined by a test method approved under §80.47.

(e) Benzene. (1) Through December 31, 2015, benzene content must be determined using 

ASTM D3606, except that:

(2) Instrument parameters shall be adjusted to ensure complete resolution of the benzene, 

ethanol and methanol peaks because ethanol and methanol may cause interference with 

ASTM D3606 when present.

(3) Beginning January 1, 2016, the benzene content may 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 be determined by a test method 

approved under §80.47.

* * * * *

(3)(i) Through December 31, 2015 any refiner or importer may determine aromatics content 

using ASTM D1319 for the purposes of meeting any test requirement involving aromatic 

content; provided that:

* * * * *

(g) * * *

(1) Through December 31, 2015, oxygen and oxygenate content must be determined using 

ASTM D5599. Beginning January 1, 2016, oxygen and oxygenate content may be 

determined by a test method approved under §80.47.

(2)(i) Through December 31, 2015, when oxygenates present are limited to MTBE, ETBE, 

TAME, DIPE, tertiary-amyl alcohol and C1 to C4 alcohols, any refiner, importer, or 

oxygenate blender may determine oxygen and oxygen content using ASTM D4815 for 

purposes of meeting any testing requirement; provided that:

* * * * *

(h) Materials incorporated by reference. The published materials identified in this section 

are incorporated by reference into this section with the approval of the Director of the 

Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other 

than that specified in this section, a document must be published in the Federal Register

and the material must be available to the public. All approved materials are available for 

inspection at the Air and Radiation Docket and Information Center (Air Docket) in the 

EPA Docket Center (EPA/ DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave. 
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NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 

a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone 

number of the EPA/DC Public Reading Room is (202) 566–1744, and the telephone 

number for the Air Docket is (202) 566–1742. These approved materials are also 

available for inspection at the National Archives and Records Administration (NARA). 

For information on the availability of this material at NARA, call (202) 741–6030 or go 

to http:// www.archives.gov/federal_register/ code_of_federal_regulations/ 

ibr_locations.html. In addition, these materials are available from the sources listed 

below.

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

International, 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428-

2959, (877) 909–ASTM, or http://www.astm.org:

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

Atmospheric Pressure, approved December 1, 2012.

(ii) ASTM D1319-13, Standard Test Method for Hydrocarbon Types in Liquid Petroleum 

Products by Fluorescent Indicator Adsorption, approved May 1, 2013.

(iii) ASTM D2622-10, Standard Test Method for Sulfur in Petroleum Products by

Wavelength Dispersive X-ray Fluorescence Spectrometry, approved February 15, 2010.

(iv) ASTM D3120-08, Standard Test Method for Trace Quantities of Sulfur in Light Liquid 

Petroleum Hydrocarbons by Oxidative Microcoulometry, approved December 15, 2008.

(v) ASTM D3246-11, Standard Test Method for Sulfur in Petroleum Gas by Oxidative 

Microcoulometry, approved June 1, 2011.

(vi) ASTM D3606-10, Standard Test Method for Determination of Benzene and Toluene in 

Finished Motor and Aviation Gasoline by Gas Chromatography, approved October 1, 

2010.

(vii) ASTM D4468-85 (Reapproved 2011), Standard Test Method for Total Sulfur in Gaseous 

Fuels by Hydrogenolysis and Rateometric Colorimetry, approved November 1, 2011.

(viii) ASTM D4815-13, Standard Test Method for Determination of MTBE, ETBE, TAME, 

DIPE, tertiary-Amyl Alcohol and C1 to C4 Alcohols in Gasoline by Gas Chromatography,

approved October 1, 2013.

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

Method) , approved December 1, 2013.

(x) ASTM D5453-12, Standard Test Method for Determination of Total Sulfur in Light 

Hydrocarbons, Spark Ignition Engine Fuel, Diesel Engine Fuel, and Engine Oil by

Ultraviolet Fluorescence, approved November 1, 2012.

(xi) ASTM D5599-00 (Reapproved 2010), Standard Test Method for Determination of 

Oxygenates in Gasoline by Gas Chromatography and Oxygen Selective Flame Ionization 

Detection, approved October 1, 2010.

(xii) ASTM D5769-10, Standard Test Method for Determination of Benzene, Toluene, and 

Total Aromatics in Finished Gasolines by Gas Chromatography/Mass Spectrometry, 

approved May 1, 2010.

(xiii) ASTM D6550-10, Standard Test Method for Determination of Olefin Content of 

Gasolines by Supercritical-Fluid Chromatography, approved October 1, 2010.

(xiv) ASTM D6667-10, Standard Test Method for Determination of Total Volatile Sulfur in 

Gaseous Hydrocarbons and Liquefied Petroleum Gases by Ultraviolet Fluorescence, 

approved October 1, 2010.
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(xv) ASTM D6920-13, Standard Test Method for Total Sulfur in Naphthas, Distillates, 

Reformulated Gasolines, Diesels, Biodiesels, and Motor Fuels by Oxidative Combustion 

and Electrochemical Detection, approved September 15, 2013.

(xvi) ASTM D7039-13, Standard Test Method for Sulfur in Gasoline, Diesel Fuel, Jet Fuel, 

Kerosine, Biodiesel, Biodiesel Blends, and Gosoline-Ethenol Blends by Monochromatic 

Wavelength Dispersive X-ray Fluorescence Spectrometry, approved September 15, 2013.

(2) [Reserved]

* * * * *

7. Section 80.47 is added to read as follows:

§80.47 Performance-based Analytical Test Method Approach.

All sample handling, testing procedures, and tests must be conducted using good laboratory

practices.

(a) Definitions. As used in this subpart 80:

(1) Performance-based Analytical Test Method Approach means a measurement system 

based upon established performance criteria for accuracy and precision with use of 

analytical test methods. As used in this subpart, a measurement system used by

laboratories to demonstrate that a particular analytical test method is acceptable for 

demonstrating compliance.

(2) Accuracy means the closeness of agreement between an observed value from a single test 

measurement and an accepted reference value. 

(3) Precision means the degree of agreement in a set of measurements performed on the same 

property of identical test material.

(4) Absolute fuel parameter means a fuel parameter for which a gravimetric standard is 

practical to construct and use. Sulfur content of gasoline, butane, or diesel fuel are 

examples of an absolute fuel parameter.

(5) Gravimetric standard means a test material made by adding a carefully weighed quantity 

of the analyte to a measured quantity of another substance known not to contain any of 

the analyte, resulting in a solution with an accurately known concentrate of the analyte. 

(6) Consensus named fuels are homogeneous quantities of fuel that have been analyzed by a 

number of different laboratories (by sending around small samples). The average 

concentration of some parameter of interest across all of the different laboratories is then 

used as the “consensus name” for that material.

(7) Locally-named reference materials are gasoline or diesel fuels that are usually from the 

regular production of the facility where they are used in laboratory quality control efforts 

and have been analyzed using the designated method (either by the facility’s lab or by a 

referee lab) to obtain an estimate of their concentration.

(8) Method-defined fuel parameter means a fuel parameter for which an EPA-prescribed 

primary test method or designated method defines the regulatory standard. Examples of 

method-defined fuel parameters include olefin content in gasoline, Reid vapor pressure 

(RVP) of gasoline, distillation parameters of gasoline, benzene content of gasoline, 

aromatic content of gasoline and diesel fuel, and oxygen/oxygenates content of gasoline. 
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(9) Reference installations are designated test method installations that are used to qualify the 

accuracy of other method-defined parameter instruments. Reference installations of the 

designated test method will be used to evaluate the accuracy of other method-defined 

alternative test methods and to establish correlation equations if necessary.

(10) Correlation equation is a correction equation as determined by the use of ASTM D6708. 

This standard practice determines whether the comparison between the alternative test 

method and the designated test method is a null result. If the comparison is not null, then 

the standard practice provides for a correlation equation that predicts designated test 

method results from the applicable method-defined alternative test method. 

(11) Statistical quality control (SQC) means a planned system of activities whose purpose is to 

provide a level of quality that meets the needs of compliance with the standards of this 

part. This subpart prescribes specific SQC requirements for both absolute and method 

driven fuel parameters for both VCSB and non-VCSB regulated parties.

(12) Voluntary consensus-based standards body (VCSB) means a domestic or international 

organization that plans, develops, establishes, or coordinates voluntary consensus 

standards using agreed-upon procedures and which possesses the attributes of openness, 

balance of interest, due process, and consensus, as explained in OMB Circular A-119 and 

the National Technology Transfer and Advancement Act of 1995, P.L. 104-113, sec. 

12(d).

(13) Non-Voluntary consensus-based standards body (non-VCSB) means a domestic or 

international regulated party who has developed a proprietary analytical test method that 

has not been adopted by a VCSB organization.

(b) Precision and accuracy criteria for approval for the absolute fuel parameter of gasoline 

sulfur.

(1) Precision. Beginning January 1, 2016, for motor vehicle gasoline, gasoline blendstock,

and gasoline fuel additives subject to the gasoline sulfur standard at §80.195 and 

§80.1603, the maximum allowable standard deviation computed from the results of a 

minimum of 20 tests made over 20 days (7 or fewer tests per week and 2 or fewer tests 

per day) on samples using good laboratory practices taken from a single homogeneous 

commercially available gasoline must be less than or equal to 1.5 times the repeatability

“r” divided by 2.77, where “r” equals the ASTM repeatability of ASTM D7039

(Example: A 10ppm sulfur gasoline sample: maximum allowable standard deviation of 

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

sequential record of analysis and no emissions. A laboratory facility may exclude a given 

sample or test result only if the exclusion is for a valid reason under good laboratory

practices and it maintains records regarding the sample and test results and the reason for 

excluding them.

(2) Accuracy. Beginning January 1, 2016, for motor vehicle gasoline, gasoline blendstock,

and gasoline fuel additives subject to the gasoline sulfur standard at §§80.195 and 

80.1603:

(i) The arithmetic average of a continuous series of at least 10 tests performed using good 

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

of 1-10 ppm shall not differ from the accepted reference value (ARV) of the standard by 

more than 0.71 ppm sulfur;
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(ii) The arithmetic average of a continuous series of at least 10 tests performed using good 

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

of 10-20 ppm shall not differ from the ARV of the standard by more than 1.00 ppm 

sulfur; and

(iii) In applying the tests of paragraphs (b)(2)(i) and (ii) of this section, individual test results 

shall be compensated for any known chemical interferences using good laboratory

practices.

(3) The test method specified at §80.46(a)(1) and in use prior to December 21, 2012 is 

exempt from the requirements of paragraphs (b)(1) and (2) of this section.

(c) Precision and accuracy criteria for approval of the absolute fuel parameter of sulfur in 

butane.

(1) Precision. Beginning January 1, 2016, for butane subject to the butane sulfur standard at 

§§80.82, 80.195, 80.340(b), and 80.1603, the maximum allowable standard deviation 

computed from the results of a minimum of 20 tests made over 20 days (7 or fewer tests 

per week and 2 or fewer tests per day) on samples using good laboratory practices taken 

from a single homogeneous commercially available butane must be less than or equal to 

1.5 times the repeatability “r” divided by 2.77, where “r” equals the ASTM repeatability

of ASTM D6667 (Example: A 10 ppm sulfur butane sample: maximum allowable 

standard deviation of 20 tests≤1.5*(1.15ppm/2.77)=0.62 ppm). The 20 results must be a 

series of tests with a sequential record of analysis and no emissions. A laboratory facility

may exclude a given sample or test result only if the exclusion is for a valid reason under 

good laboratory practices and it maintains records regarding the sample and test results 

and the reason for excluding them. 

(2) Accuracy. Beginning January 1, 2016, for butane subject to the butane sulfur standard at 

§§80.82 and 80.1603:

(i) The arithmetic average of a continuous series of at least 10 tests performed using good 

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

of 1-10 ppm shall not differ from the ARV of the standard by more than 0.47 ppm sulfur;

(ii) The arithmetic average of a continuous series of at least 10 tests performed using good 

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

of 10-20 ppm shall not differ from the ARV of the standard by more than 0.94 ppm 

sulfur; and

(iii) In applying the tests of paragraphs (c)(2)(i) and (ii) of this section, individual test results 

shall be compensated for any known chemical interferences using good laboratory

practices.

(3) The test method specified at §80.46(a)(2) and in use prior to December 21, 2012 is 

exempt from the requirements of paragraphs (c)(1) and (2) of this section.

(d) Precision criteria for approval of the method defined fuel parameter of olefins in gasoline.

(1) Precision. Beginning January 1, 2016, for motor vehicle gasoline, gasoline blendstock,

and gasoline fuel additives subject to the gasoline standards of this part, the maximum 

allowable standard deviation computed from the results of a minimum of 20 tests made 

over 20 days (7 or fewer tests per week and 2 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, 
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where “r” equals the ASTM repeatability of ASTM D1319 (Example: A gasoline 

containing 9Vol% olefins: maximum allowable standard deviation of 20 tests ≤1.5 * 

(0.972Vol%/2.77) = 0.53Vol%). The 20 results must be a series of tests with a sequential 

record of analysis and no emissions. A laboratory facility may exclude a given sample or 

test result only if the exclusion is for a valid reason under good laboratory practices and it 

maintains records regarding the sample and test results and the reason for excluding 

them.

(2) The test method specified at §80.46(b)(1) and in use prior to December 21, 2012 is 

exempt from the requirements of paragraph (d)(1) of this section.

(e) Precision criteria for approval of the method defined fuel parameter of aromatics in 

gasoline.

(1) Precision. Beginning January 1, 2016, for motor vehicle gasoline, gasoline blendstock,

and gasoline fuel additives subject to the gasoline standards of this part, the maximum 

allowable standard deviation computed from the results of a minimum of 20 tests made 

over 20 days (7 or fewer tests per week and 2 or fewer tests per day) on samples using 

good laboratory practices taken from a single homogeneous commercially available 

gasoline must be less than or equal to 1.5 times the repeatability “r” divided by 2.77, 

where “r” equals the ASTM repeatability of ASTM D1319 (Example: A gasoline 

containing 32Vol% aromatics: maximum allowable standard deviation of 20 

tests≤1.5*(1.3Vol%/2.77)=0.70Vol%). The 20 results must be a series of tests with a 

sequential record of analysis and no emissions. A laboratory facility may exclude a given 

sample or test result only if the exclusion is for a valid reason under good laboratory

practices and it maintains records regarding the sample and test results and the reason for 

excluding them.

(2) The test method specified at §80.46(f)(1) and in use prior to December 21, 2012 is 

exempt from the requirements of paragraph (e)(1) of this section.

(f) Precision criteria for approval of the method defined fuel parameter of oxygen and 

oxygenate content in gasoline.

(1) Precision. Beginning January 1, 2016, for motor vehicle gasoline, gasoline blendstock,

and gasoline fuel additives subject to the gasoline standards of this part, the maximum 

allowable standard deviation computed from the results of a minimum of 20 tests made 

over 20 days (7 or fewer tests per week and 2 or fewer tests per day) on samples using 

good laboratory practices taken from a single homogeneous commercially available 

gasoline must be less than or equal to 1.5 times the repeatability “r” divided by 2.77, 

where “r” equals the ASTM repeatability of ASTM D5599 (Example: A gasoline 

containing 3Mass% total oxygen: maximum allowable standard deviation of 20 

tests≤1.5*(0.083Mass%/2.77)=0.045Mass%). The 20 results must be a series of tests 

with a sequential record of analysis and no emissions. A laboratory facility may exclude 

a given sample or test result only if the exclusion is for a valid reason under good 

laboratory practices and it maintains records regarding the sample and test results and the 

reason for excluding them.

(2) The test method specified at §80.46(g)(1) and in use prior to December 21, 2012 is 

exempt from the requirements of paragraph (f)(1) of this section.
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(g) Precision criteria for approval of the method defined fuel parameter of Reid Vapor 

Pressure (RVP) in gasoline.

(1) Precision. Beginning January 1, 2016, for motor vehicle gasoline, gasoline blendstock,

and gasoline fuel additives subject to the gasoline standards of this part and the volatility

standards at §80.27, the maximum allowable standard deviation computed from the 

results of a minimum of 20 tests made over 20 days (7 or fewer tests per week and 2 or 

fewer tests per day) on samples using good laboratory practices taken from a single 

homogeneous commercially available gasoline must be less than or equal to 1.5 times the 

repeatability “r” divided by 2.77, where “r” equals the ASTM repeatability of ASTM 

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

deviation of 20 tests≤1.5*(0.21psi/2.77)=0.11psi). The 20 results must be a series of tests 

with a sequential record of analysis and no emissions. A laboratory facility may exclude 

a given sample or test result only if the exclusion is for a valid reason under good 

laboratory practices and it maintains records regarding the sample and test results and the 

reason for excluding them.

(2) The test method specified at §80.46(c)(1) and in use prior to December 21, 2012 is 

exempt from the requirements of paragraph (g)(1) of this section.

(h) Precision criteria for approval of the method defined fuel parameter of gasoline 

distillation.

(1) Precision. Beginning January 1, 2016, for motor vehicle gasoline, gasoline blendstock,

and gasoline fuel additives subject to the gasoline standards of this part, the maximum 

allowable standard deviation computed from the results of a minimum of 20 tests made 

over 20 days (7 or fewer tests per week and 2 or fewer tests per day) on samples using 

good laboratory practices taken from a single homogeneous commercially available 

gasoline must be less than or equal to 1.5 times the repeatability “r” divided by 2.77, 

where “r” equals the ASTM repeatability of ASTM D86 for the initial boiling point, E10, 

E50, E90 and final boiling point. (Example: A gasoline having an initial boiling point of 

20° C and a final boiling point of 110° C: maximum allowable standard deviation of 20 

tests for initial boiling point≤1.5*(2.84°C/2.77)=1.54°C, maximum allowable standard 

deviation of 20 tests for E10≤1.5*(1.33°C/2.77)=0.72°C, maximum allowable standard 

deviation of 20 tests for E50≤1.5*(0.74°C/2.77)=0.40°C, maximum allowable standard 

deviation of 20 tests for E90t≤1.5*(1.79°C/2.77)=0.97°C, and maximum allowable 

standard deviation of 20 tests for final boiling point≤1.5*(3.33°C/2.77)=1.80°C ). The 20 

results must be a series of tests with a sequential record of analysis and no emissions. A 

laboratory facility may exclude a given sample or test result only if the exclusion is for a 

valid reason under good laboratory practices and it maintains records regarding the 

sample and test results and the reason for excluding them.

(2) The test method specified at §80.46(d)(1) and in use prior to December 21, 2012 is 

exempt from the requirements of paragraph (h)(1) of this section.

(i) Precision criteria for approval of the method defined fuel parameter of benzene in 

gasoline.

(1) Precision. Beginning January 1, 2016, for motor vehicle gasoline, gasoline blendstock,

and gasoline fuel additives subject to the gasoline standards of this part and the MSAT2 

standards at §§80.41, 80.101, and 80.1230, the maximum allowable standard deviation 
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computed from the results of a minimum of 20 tests made over 20 days (7 or fewer tests 

per week and 2 or fewer tests per day) on samples using good laboratory practices taken 

from a single homogeneous commercially available gasoline must be less than or equal to 

1.5 times the repeatability “r” divided by 2.77, where “r” equals the ASTM repeatability

of ASTM D3606 (Example: A gasoline having a 1Vol% benzene: maximum allowable 

standard deviation of 20 tests≤1.5*(0.04Vol%/2.77)=0.02Vol%). The 20 results must be 

a series of tests with a sequential record of analysis and no emissions. A laboratory

facility may exclude a given sample or test result only if the exclusion is for a valid 

reason under good laboratory practices and it maintains records regarding the sample and 

test results and the reason for excluding them.

(2) The test method specified at §80.46(e)(1) and in use prior to December 21, 2012 is 

exempt from the requirements of paragraph (i)(1) of this section.

(j) Precision criteria for approval of the method defined fuel parameter of aromatics in 

diesel.

(1) Precision. Beginning January 1, 2016, for motor vehicle diesel and diesel fuel additives 

subject to the motor vehicle diesel standards at §80.520, the maximum allowable standard 

deviation computed from the results of a minimum of 20 tests made over 20 days (7 or 

fewer tests per week and 2 or fewer tests per day) on samples using good laboratory

practices taken from a single homogeneous commercially available gasoline must be less 

than or equal to 1.5 times the repeatability “r” divided by 2.77, where “r” equals the 

ASTM repeatability of ASTM D1319 (Example: A diesel fuel containing 35Vol% 

aromatics: maximum allowable standard deviation of 20 

tests≤1.5*(1.3Vol%/2.77)=0.70Vol%). The 20 results must be a series of tests with a 

sequential record of analysis and no emissions. A laboratory facility may exclude a given 

sample or test result only if the exclusion is for a valid reason under good laboratory

practices and it maintains records regarding the sample and test results and the reason for 

excluding them.

(2) The test method specified at §80.2(z) and in use prior to December 21, 2012 is exempt 

from the requirements of paragraph (j)(1) of this section.

(k) Criteria for designated test method reference installations used to qualify the accuracy of 

other method-defined parameter instruments.

(1) Beginning January 1, 2016, the reference installation of the method-defined fuel 

parameter for the applicable designated test method must have precision equal to 1.5 

times the repeatability “r” of the method-defined fuel parameter’s designated test method, 

where “r” is the repeatability of the designated test method.

(i) Olefins in gasoline see paragraph (d)(1) of this section.

(ii) Aromatics in gasoline see paragraph (e)(1) of this section.

(iii) Oxygen and Oxygenate content of gasoline see paragraph (f)(1) of this section.

(iv) Reid Vapor Pressure (RVP) of gasoline see paragraph (g)(1) of this section.

(v) Gasoline Distillation see paragraph (h)(1) of this section.

(vi) Benzene in Gasoline see paragraph (i)(1) of this section.

(vii) Aromatics in Diesel see paragraph (j)(1) of this section.

(2) The reference installation of the method-defined fuel parameter for the applicable 

designated test method must be shown to be near the middle distribution of an industry
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monthly inter-laboratory crosscheck program for at least a period of five months using 

good laboratory practices. Specifically, compute the difference between the instrument’s 

average measurement of the fuel closest to the applicable fuel standard (or to the average 

value for the fuel parameter in the complex model) and the robust mean for that fuel 

obtained by all of the non-outlier labs in the monthly inter-laboratory crosscheck 

program. Standardize this difference by expressing it in robust standard deviation units. 

These standardized inter-laboratory crosscheck differences should be placed in a moving 

average with a minimum span of five months. The instrument’s moving average in 

robust standard deviation units cannot be outside the central 50% of the distribution of all 

laboratories that participated in the inter-laboratory crosscheck program.

(3) The reference installation of the method-defined fuel parameter for the applicable 

designated test method must be shown to be in statistical quality control as specified in 

ASTM D6299 for a minimum period of five months using good laboratory practices.

(l) Qualification criteria for Voluntary Consensus Standard Based (VCSB) Method-Defined 

Parameter Test Methods.

(1) Beginning January 1, 2016, include full test method documentation by the Voluntary

Consensus Standard Based (VCSB) organization, including a description of the 

technology and/or instrumentation that makes the method functional.

(2) Include information reported in the test method that demonstrates the test method meets 

the applicable precision information for the method-defined fuel parameter as described 

in this section.

(3) Include information reported in the test method that demonstrates the test method has 

been evaluated using ASTM D6708 and whether the comparison is a “null” result or 

whether a correlation equation needs to be applied that predicts designated test method 

results from the applicable method-defined alternative test method.

(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 prior to December 21, 2012 are exempt from the 

requirements of paragraphs (l)(1) through (3) of this section.

(m) Qualification criteria for Non-Voluntary Consensus Standard Based (non-VCSB) 

Method-Defined Parameter Test Methods. For a non-VCSB method to be approved, the 

following information must be submitted to the Administrator by each test facility for 

each method that it wishes to have approved.

(1) Beginning January 1, 2016, full and thorough test method documentation, including a 

description of the technology and/or instrumentation that makes the method functional so 

a person lacking experience with the test instrument would be able to replicate its results.

(2) Information reported in the test method that demonstrates the test method meets the 

applicable precision information using good laboratory practices for the method-defined 

fuel parameter as described in this section.

(3) Both the candidate method-defined Non-VCSB test method and its respective designated 

test method must be tested on a range of consensus named fuels or locally-named 

reference materials that are typical of those analyzed by the facility in practice using good 

laboratory practices and must meet the data requirements for variability as required in 

ASTM D6708.
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(4) The facility using the candidate method-defined non-VCSB test method must statistically

establish through application of ASTM D6708 that the candidate method measures the 

same aspect of samples as applicable to its respective designated test method using good 

laboratory practices.

(5) If the use of ASTM D6708 reveals that the candidate method-defined non-VCSB test 

method has sample-specific biases due to matrix effects that cannot be determined as 

random the method is disqualified. If however, it is determined that the candidate 

method-defined non-VCSB test method can be qualified on a narrow circumscribed range 

of fuels while still meeting the data requirements for variability as required in ASTM 

D6708 (see paragraph (m)(3) of this section), then the types of fuels on which the 

qualification was achieved and for which the method is to be approved must be specified 

in the candidate method-defined non-VCSB test method description. If there is any

restriction on the scope of fuels for which the candidate method-defined non-VCSB test 

method is to be qualified, the applicant must include a discussion of how the facility 

plans to screen sample for conformity to the scope. If the candidate method-defined test 

method is found to have minimal matrix effects, a statement to this effect must be 

included by the applicant in its application.

(6) The candidate method-defined non-VCSB test method precision qualification must be 

conducted in the form of “cross-method reproducibility” (Rcm) of the candidate method 

and applicable designated test method as required in ASTM D6708, where the Rcm must 

be equal to or less than 70 percent of the published reproducibility of the applicable 

designated test method using good laboratory practices.

(7) The applicant of the candidate method-defined non-VCSB test method must demonstrate 

through the use of ASTM D6708 whether a correlation to applicable designated test 

method is necessary. If it is determined through the use of this practice that the candidate 

method-defined non-VCSB test method requires a correlation equation in order to predict 

designated test method results, then this correlation equation must be applied to the 

candidate instruments output to obtain measurement results for regulatory purposes using 

good laboratory practices.

(8) Any additional information requested by the Administrator and necessary to render a 

decision as to approval of the test method.

(9) Samples used for precision and accuracy determination must be retained for 90 days.

(10) EPA approval. Within 90 days of the receipt of materials required to be submitted under 

paragraphs (m)(1) through (9) of this section, the Administrator shall determine whether 

the test method is approved under this section.

(11) If the Administrator denies approval of the test method, within 90 days of receipt of all 

materials required to be submitted in paragraphs (m)(1) through (9) of this section, the 

Administrator will notify the applicant of the reasons for not approving the method. If 

the Administrator does not notify the applicant within 90 days of receipt of the 

application, then the test method shall be deemed approved.

(12) The Administrator may revoke approval of a test method under this section for cause, 

including, but not limited to, a determination by the Administrator that the approved test 

method has proved to be inadequate in practice.

(13) An independent third-party scientific review and written report and verification of the 

information provided pursuant to paragraphs (m)(1) through (9) of this section. The 

report and verification shall be based upon a site visit and review of relevant documents 
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and shall separately identify each item required by paragraphs (m)(1) through (9) of this 

section, describe how the independent third-party evaluated the accuracy of the 

information provided, state whether the independent third-party agrees with the 

information provided, and identify any exceptions between the independent third-party’s 

findings and the information provided.

(i) The information required under this section to be provided by an independent third party 

must be conducted by both a professional chemist and professional statistician as 

specified in paragraph (m)(13)(i)(A) of this section. The verifying chemist and 

statistician must be:

(A) For a refiner, importer, oxygenate producer, and oxygenate blender, a chemist and 

statistician who has received at least a bachelor’s degree in science from an accredited 

college in the United States, with professional work experience in the petroleum or 

oxygenate field.

(B) [Reserved]

(ii) To be considered an independent third-party under this paragraph (m)(13):

(A) The third-party shall not be employed by the refiner, importer, oxygenate producer, or 

oxygenate blender, or any subsidiary or employee of the refiner, import facility, 

oxygenate producing facility, or oxygenate blender.

(B) The third party shall be free from any interest in the refiner’s, importer’s, oxygenate 

producer’s, or oxygenate blender’s business.

(C) The refiner, importer, oxygenate producer, or oxygenate blender shall be free from any 

interest in the third-party’s business.

(D) Use of a third-party that is debarred, suspended, or proposed for debarment pursuant to 

the Government-wide Debarment and Suspension regulations, 40 CFR part 32, or the 

Debarment, Suspension and Ineligibility provisions of the Federal Acquisition 

Regulations, 48 CFR part 9 subpart 9.4, shall be deemed in noncompliance with the 

requirements of this section.

(iii) The independent third-party shall retain all records pertaining to the verification required 

under this section for a period of five years from the date of creation and shall deliver 

such records to the Administrator upon request.

(iv) The third-party must provide to EPA documentation of his or her qualifications as part of 

the scientific review, including proof of appropriate college degree.

(14) If the Administrator finds that an individual test facility has provided false or inaccurate 

information under this section, upon notice from the Administrator the approval shall be 

void ab initio.

(n) Accuracy and Precision Statistical Quality Control (SQC) Requirements for the Absolute 

Fuel Parameters. Beginning January 1, 2016, a test shall not be considered a test using an 

approved test method unless the following quality control procedures are performed 

separately for each instrument used to make measurements:

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

commercially available gravimetric reference material, or check standard as defined in 

the ASTM D6299 on at least a quarterly basis using good laboratory practices. The 

facility must pre-treat and assess results from the check standard testing after at least 15 

testing occasions as described in section 8.2 of this standard practice. The facility must 

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

absolute difference between the mean of multiple back-to-back tests of the standard 

reference material and the accepted reference value of the standard reference material is 

greater than 0.75 times the published reproducibility of the test method must be 

investigated by the facility. Records of the standard reference materials measurements as 

well as any investigations into any exceedance of these criteria must be kept for a period 

of 5 years.

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

control material as defined in paragraph 3.2.3 in ASTM D6299 either once per week or 

once per every 20 productions tests, whichever is more frequent. The facility must 

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

“MR” chart as described in section A1.5.2. Any violations of control limit(s) should be 

investigated by personnel of the facility and records kept for a period of 5 years.

(ii) Validation of New QC Material. When a test facility is making a transition from one 

batch of QC material to the next batch of QC material, the facility will follow the “QProcedure” in Annex 1.9 of ASTM D6299. In following the Q-Procedure if the plot of 

results from the old and new QC materials on its respective chart shows no special-cause 

signals, then the result of the new QC material will be considered valid. These records 

must be kept by the facility for a period of 5 years.

(o) Accuracy and Precision Statistical Quality Control (SQC) Requirements for the 

Voluntary Consensus Standard Based (VCSB) Method-Defined Fuel Parameters. 

Beginning January 1, 2016, a test shall not be considered a test using an approved test 

method unless the following quality control procedures are performed separately for each 

instrument used to make measurements:

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

commercially available check standard as defined in the ASTM D6299 on at least a 

quarterly basis using good laboratory practices. The check standard must be an ordinary

fuel with levels of the fuel parameter of interest close to either the applicable regulatory

standard or the average level of use for the facility. The Accepted Reference Value of the 

check standard must be determined by the respective designated test method for the fuel 

parameter following the guidelines of ASTM D6299. The facility must pre-treat and 

assess results from the check standard testing after at least 15 testing occasions as 

described in section 8.2 of this standard practice. The facility must construct “MR” and 

“I” charts with control lines as described in section 8.4 and appropriate Annex sections of 

this standard practice. In circumstances where the absolute difference between the mean 

of multiple back-to-back tests of the standard reference material and the accepted 

reference value of the standard reference material is greater than 0.75 times the published 

reproducibility of the test method must be investigated by the facility. Records of the 

standard reference materials measurements as well as any investigations into any 

exceedance of these criteria must be kept for a period of 5 years.

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

control material as defined in paragraph 3.2.3 in ASTM D6299 either once per week or 

once per every 20 productions tests, whichever is more frequent. The facility must 

construct and maintain an “I” chart as described in section 7 and section A1.5.1 and a 
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“MR” chart as described in section A1.5.2. Any violations of control limit(s) should be 

investigated by personnel of the facility and records kept for a period of 5 years.

(ii) Validation of New QC Material. When a test facility is making a transition from one 

batch of QC material to the next batch of QC material, the facility will follow the “QProcedure” in Annex 1.9 of ASTM D6299. In following the Q-Procedure if the plot of 

results from the old and new QC materials on its respective chart shows no special-cause 

signals, then the result of the new QC material will be considered valid. These records 

must be kept by the facility for a period of 5 years.

(p) Accuracy and Precision Statistical Quality Control (SQC) Requirements for the NonVoluntary Consensus Standard Based (Non-VCSB) Method-Defined Fuel Parameters. 

Beginning January 1, 2016, a test shall not be considered a test using an approved test 

method unless the following quality control procedures are performed separately for each 

instrument used to make measurements:

(1) Accuracy SQC for Non-VCSB Method-Defined test methods with minimal matrix 

effects. Every facility shall conduct tests on every instrument with a commercially 

available check standard as defined in the ASTM D6299 on at least a quarterly basis 

using good laboratory practices. The check standard must be an ordinary fuel with levels 

of the fuel parameter of interest close to either the applicable regulatory standard or the 

average level of use for the facility. The Accepted Reference Value of the check standard 

must be determined by the respective designated test method for the fuel parameter 

following the guidelines of ASTM D6299. The facility must pre-treat and assess results 

from the check standard testing after at least 15 testing occasions as described in section 

8.2 of this standard practice. The facility must construct “MR” and “I” charts with 

control lines as described in section 8.4 and appropriate Annex sections of this standard 

practice. In circumstances where the absolute difference between the mean of multiple 

back-to-back tests of the standard reference material and the accepted reference value of 

the standard reference material is greater than 0.75 times the published reproducibility of 

the test method must be investigated by the facility. Records of the standard reference 

materials measurements as well as any investigations into any exceedance of these 

criteria must be kept for a period of 5 years.

(2)(i) Accuracy SQC for Non-VCSB Method-Defined test methods with high sensitivity to 

matrix effects. Every facility shall conduct tests on every instrument with a production 

fuel on at least a quarterly basis using good laboratory practices. The production fuel 

must be representative of the production fuels that are routinely analyzed by the facility. 

The Accepted Reference Value of the production fuel must be determined by the 

respective reference installation of the designated test method for the fuel parameter 

following the guidelines of ASTM D6299. The facility must pre-treat and assess results 

from the check standard testing after at least 15 testing occasions as described in section 

8.2 of this standard practice. The facility must construct “MR” and “I” charts with 

control lines as described in section 8.4 and appropriate Annex sections of this standard 

practice. In circumstances where the absolute difference between the mean of multiple 

back-to-back tests of the standard reference material and the accepted reference value of 

the standard reference material is greater than 0.75 times the published reproducibility of 

the test method must be investigated by the facility. Documentation on the identity of the 

reference installation and its control status must be maintained on the premises of the 
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method-defined alternative test method. Records of the standard reference materials 

measurements as well as any investigations into any exceedances of this criterion must be 

kept for a period of 5 years.

(ii) Each facility is required to send every 20th production batch of gasoline or diesel fuel to 

EPA’s laboratory, along with the facility’s measurement result used to certify the batch 

using the respective method-defined non-VCSB test method. The EPA retains the right 

to return such sample on a blind basis for a required reanalysis on the respective methoddefined non-VCSB test method within 180 days upon receipt of such sample. 

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

control material as defined in paragraph 3.2.3 in ASTM D6299 either once per week or 

once per every 20 productions tests, whichever is more frequent. The facility must 

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

“MR” chart as described in section A1.5.2. Any violations of control limit(s) should be 

investigated by personnel of the facility and records kept for a period of 5 years.

(ii) Validation of New QC Material. When a test facility is making a transition from one 

batch of QC material to the next batch of QC material, the facility will follow the “QProcedure” in Annex 1.9 of ASTM D6299 using good laboratory practices. In following 

the Q-Procedure if the plot of results from the old and new QC materials on its respective 

chart shows no special-cause signals, then the result of the new QC material will be 

considered valid. These records must be kept by the facility for a period of 5 years.

(q) Record retention requirements for the test methods approved under this subpart.

(1) Each individual test facility must retain records related to the establishment of accuracy

and precision values, all test method documentation, and any statistical quality control 

testing and analysis under this section using good laboratory practices for a period for 

five years.

(2) [Reserved]

(r) Materials incorporated by reference. The published materials identified in this section 

are incorporated by reference into this section with the approval of the Director of the 

Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other 

than that specified in this section, a document must be published in the Federal Register

and the material must be available to the public. All approved materials are available for 

inspection at the Air and Radiation Docket and Information Center (Air Docket) in the 

EPA Docket Center (EPA/ DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave. 

NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 

a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone 

number of the EPA/DC Public Reading Room is (202) 566–1744, and the telephone 

number for the Air Docket is (202) 566–1742. These approved materials are also 

available for inspection at the National Archives and Records Administration (NARA). 

For information on the availability of this material at NARA, call (202) 741–6030 or go 

to http:// www.archives.gov/federal_register/ code_of_federal_regulations/ 

ibr_locations.html. In addition, these materials are available from the sources listed 

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

International, 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428-

2959, (877) 909–ASTM, or http://www.astm.org:

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

Atmospheric Pressure, approved December 1, 2012.

(ii) ASTM D1319-13, Standard Test Method for Hydrocarbon Types in Liquid Petroleum 

Products by Fluorescent Indicator Adsorption, approved May 1, 2013.

(iii) ASTM D3606-10, Standard Test Method for Determination of Benzene and Toluene in 

Finished Motor and Aviation Gasoline by Gas Chromatography, approved October 1, 

2010.

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

Method) , approved December 1, 2013.

(v) ASTM D5599-00 (Reapproved 2010), Standard Test Method for Determination of 

Oxygenates in Gasoline by Gas Chromatography and Oxygen Selective Flame Ionization 

Detection, approved October 1, 2010.

(vi) ASTM D6299-13, Standard Practice for Applying Statistical Quality Assurance and 

Control Charting Techniques to Evaluate Analytical Measurement System Performance, 

approved October 1, 2013.

(vii) ASTM D6667-10, Standard Test Method for Determination of Total Volatile Sulfur in 

Gaseous Hydrocarbons and Liquefied Petroleum Gases by Ultraviolet Fluorescence, 

approved October 1, 2010.

(viii) ASTM D6708-13, Standard Practice for Statistical Assessment and Improvement of 

Expected Agreement Between Two Test Methods that Purport to Measure the Same 

Property of a Material, approved May 1, 2013.

(ix) ASTM D7039-13, Standard Test Method for Sulfur in Gasoline, Diesel Fuel, Jet Fuel, 

Kerosine, Biodiesel, Biodiesel Blends, and Gosoline-Ethenol Blends by Monochromatic 

Wavelength Dispersive X-ray Fluorescence Spectrometry, approved September 15, 2013, 

approved September 15, 2013.

(2) [Reserved]

8. Section 80.65 is amended by:

a. Revising paragraph (d)(1).

b. Removing and reserving paragraph (d)(2)(iv).

c. Removing and reserving paragraph (d)(2)(v)(E).

d. Revising paragraph (d)(3).

e. Revising paragraphs (e)(1) introductory text, (e)(1)(i), and (e)(2) introductory text.

f. Adding paragraphs (e)(3) and (e)(4).

g. Revising paragraphs (f)(1)(i) and (f)(3)(iii)(A).

h. Adding a new paragraph (f)(5).

i. Revising paragraph (i) introductory text.

j. Revising paragraphs (i)(1)(ii) and (i)(1)(iii).

k. Revising paragraphs (i)(4)(ii) introductory text and (i)(4)(ii)(A).

l. Revising paragraph (i)(6)(i).

§80.65 General requirements for refiners and importers.
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* * * * *

(d) * * *

(1) All gasoline produced or imported shall be properly designated as reformulated gasoline, 

conventional gasoline, RBOB, or CBOB.

(2) * * *

(iv) [Reserved]

(v) * * *

(E) [Reserved]

* * * * *

(3) Every batch of reformulated gasoline, conventional gasoline, RBOB, or CBOB produced 

or imported at each refinery or import facility shall be assigned a number (the “batch 

number”), consisting of the EPA-assigned refiner or importer registration number, the 

EPA facility registration number, the last two digits of the year in which the batch was 

produced, and a unique number for the batch, beginning with the number one for the first 

batch produced or imported each calendar year and each subsequent batch during the 

calendar year being assigned the next sequential number (e.g., 4321–54321–95–000001, 

4321–54321–95–000002, etc.).

(e) * * *

(1) Except as provided in paragraphs (e)(3) and (4) of this section, each refiner or importer 

shall, for each batch of reformulated gasoline or RBOB produced or imported, determine 

the volume and the value of each of the properties specified in paragraph (e)(2)(i) of this 

section, except that the value for RVP must be determined only in the case of 

reformulated gasoline or RBOB that is VOC-controlled. These determinations shall:

(i) Be based on a representative sample of the reformulated gasoline or RBOB that is 

analyzed using the methodologies specified in §80.46 through December 31, 2015, or, 

beginning January 1, 2016, in §80.47;

* * * * *

(2) In the event that the value of any of these properties is determined by the refiner or 

importer and by an independent laboratory in conformance with the requirements of 

paragraph (f) of this section:

* * * * *

(3) Beginning January 1, 2013, API Gravity is not required to be measured or reported for 

the purpose of batch certification.

(4) For the purposes of meeting the requirements of this paragraph (e) for any winter fuel 

parameter except benzene, oxygenate, RVP and sulfur, any refiner or importer may, prior 

to analysis, combine samples of gasoline collected from more than one batch of gasoline 

or blendstock (“composite sample”), and treat such composite sample as one batch of 

gasoline or blendstock provided that the refiner or importer meets all of the following 

requirements:

(i) Samples must be from a single reporting year, must be limited to non-VOC gasoline, and 

must be of a single grade of gasoline or of a single type of batch-produced blendstock.

(ii) Combines samples of gasoline that are produced or imported over a period no longer than 

one month. Blendstock samples of a single blendstock type obtained from continuous 
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processes over a calendar month may be mixed together to form one blendstock sample 

and the sample subsequently analyzed for the required fuel parameters.

(iii)(A)Samples shall have been collected and stored using good laboratory practices in order to 

prevent change in product composition with regard to baseline properties and to minimize 

loss of volatile fractions of the sample.

(B) Properties of the retained samples shall be adjusted for loss of butane or pentane by

comparing the RVP measured immediately after blending with the RVP determined at the 

time that the supplemental properties are measured.

(C) The volume of each batch or shipment sampled, to the nearest gallon, shall have been 

noted and the sum of the volumes, in gallons, calculated.

(iv) For each batch or shipment sampled, the ratio of its volume to the total volume 

determined in paragraph (e)(4)(iii)(C) of this section shall be determined to three decimal 

places. This shall be the volumetric fraction of the shipment in the mixture.

(v) The total minimum volume required to perform duplicate analyses to obtain values of all 

of the required fuel parameters shall be determined.

(vi) The volumetric fraction determined in paragraph (e)(4)(iv) of this section for each batch 

or shipment shall be multiplied by the value determined in paragraph (e)(4)(v) of this 

section.

(vii) The resulting value determined in paragraph (e)(4)(vi) of this section for each batch or 

shipment shall be the volume of each batch or shipment’s sample to be added to the 

mixture. This volume shall be determined to the nearest milliliter.

(viii) The appropriate volumes of each shipment’s sample shall be thoroughly mixed and the 

solution analyzed per the methods required under §80.46 or §80.47, as applicable.

(ix) Uses the total of the volumes of the batches of gasoline that comprise the composite 

sample, and the results of the analyses of the composite sample, for purposes of 

compliance calculations under this paragraph (e).

(f) * * *

(1) * * *

(i) Option 1. The refiner or importer shall, for each batch of reformulated gasoline or RBOB 

that is produced or imported, have the value for each property specified in paragraph 

(e)(2)(i) of this section determined by an independent laboratory that collects and 

analyzes a representative sample from the batch using the methodologies specified in 

§80.46 through December 31, 2015, and the methodologies specified in §80.47 beginning 

January 1, 2016.

* * * * *

(3) * * *

(iii) * * *

(A) For each compliance year beginning with the 2014 compliance year, a single annual 

report for calendar year January through December may be submitted by the following 

March 31.

* * * * *

(5) A refiner or importer may designate one alternate independent laboratory to perform 

testing required for compliance if all of the following conditions are met:

(i) The alternate independent laboratory meets all provisions of this section for designated 

independent laboratories.
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(ii) The alternate laboratory is used only when the designated independent laboratory per 

paragraph (f)(2) of this section is unavailable and cannot perform testing required for 

compliance, for example, when the primary designated laboratory is closed, the apparatus 

for certain test methods are down, or independent laboratory personnel are not available.

(iii) The alternate independent laboratory is not used to select a preferred test result. 

* * * * *

(i) Exclusion of previously certified gasoline. Any refiner who uses previously certified 

reformulated gasoline, conventional gasoline, RBOB, or CBOB to produce reformulated 

gasoline or RBOB must exclude the previously certified gasoline for purposes of 

demonstrating compliance with the standards under §80.41. This exclusion must be 

accomplished by the refiner as follows:

(1) * * *

(ii) In the case of previously certified reformulated gasoline or RBOB determine the 

emissions performances for toxics and NOX, except as provided in §80.41(e) and (f), and 

VOC for VOC-controlled gasoline, and the designations for VOC control.

(iii) In the case of previously certified conventional gasoline or CBOB, determine the exhaust 

toxics and NOX emissions performances, except as provided in §80.101(c)(3) and (4).

* * * * *

(4) * * *

(ii) Where a refiner uses previously certified conventional gasoline or CBOB to produce 

reformulated gasoline or RBOB:

(A) The refiner must include the volume and properties of any batch of previously certified 

conventional gasoline or CBOB as a negative batch in the refiner’s anti-dumping 

compliance calculations under §80.101(g) for the refinery, or where applicable, the 

refiner’s aggregation under §80.101(h); and

* * * * *

(6)(i) Any refiner may use the procedures specified in this paragraph (i) to combine previously

certified conventional gasoline or CBOB with reformulated gasoline or RBOB, to 

reclassify conventional gasoline or CBOB into reformulated gasoline or RBOB, or to 

change the designations of reformulated gasoline or RBOB with regard to VOC control.

* * * * *

9. Section 80.66 is amended by revising paragraph (f) to read as follows:

§80.66 Calculation of reformulated gasoline properties.

* * * * *

(f) Per-gallon RVP shall be determined based upon the measurement of RVP of a 

representative sample of a batch of gasoline. The total RVP value associated with a batch 

of gasoline (in RVP-gallons) is calculated by multiplying the RVP times the volume.

* * * * *
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10. Section 80.74 is amended by:

a. Revising the introductory text.

b. Revising paragraph (a) introductory text and paragraph (a)(1).

c. Adding paragraphs (a)(3) and (a)(4).

d. Revising paragraph (b)(8).

§80.74 Recordkeeping requirements.

All parties in the gasoline distribution network and the distribution network for pentane for use 

by pentane blenders under §80.86, shall maintain records containing the information as required 

in this section. These records shall be retained for a period of five years from the date of 

creation, and shall be delivered to the Administrator of EPA or to the Administrator’s authorized 

representative upon request.

(a) All regulated parties. Any refiner, gasoline importer, oxygenate blender, producer of 

pentane for use by pentane blenders, importer of pentane for use by pentane blenders, 

carrier, distributor, reseller, retailer, or wholesale-purchaser-consumer who sells, offers 

for sale, dispenses, supplies, offers for supply, stores, blends, transports, or causes the 

transportation of any reformulated gasoline, RBOB, or pentane for use by pentane 

blenders shall maintain records containing the following information:

(1) The product transfer documentation for all reformulated gasoline, RBOB, or pentane for 

use by pentane blenders for which the party is the transferor or transferee; and

* * * * *

(3) For producers and importers of pentane for use by pentane blenders, in addition to the 

records specified in paragraph (a)(1) of this section, records demonstrating that each 

batch of such pentane is compliant with the standards in §80.86.

(4) For pentane blenders, in addition to the records specified in paragraph (a)(1) of this 

section, records demonstrating compliance quality assurance program requirements in 

§80.85.

(b) * * *

(8) In the case of butane or pentane blended into reformulated gasoline or RBOB under 

§80.82 or §80.85, documentation of all the following:

(i) The volume of butane added;

(ii) The volume of the pentane added;

(iii) The volume of reformulated gasoline or RBOB both prior to and subsequent to the butane 

or pentane blending;

(iv) The purity and properties of the butane specified in §80.82(c) and (d), as appropriate;

(v) The purity and properties of the pentane specified in §80.85(c) and (d), as appropriate;

(vi) Compliance with the requirements of §80.82 and §80.85; and

* * * * *
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11. Section 80.75 is amended by:

a. Revising the introductory text.

b. Revising paragraph (a).

c. Removing and reserving paragraph (b).

d. Revising paragraph (c)(1) introductory text.

e. Revising paragraph (d).

f. Revising paragraphs (e) introductory text and (e)(1).

g. Revising paragraph (g) introductory text.

h. Revising paragraph (h) introductory text.

i. Revising paragraph (i).

j. Removing and reserving paragraph (k).

k. Revising paragraph (l).

l. Revising paragraph (m).

m. Revising paragraph (o).

n. Adding paragraph (p).

§80.75 Reporting requirements.

Any refiner, gasoline importer, producer of pentane for use by a pentane blender, and importer of 

pentane for use by a pentane blender shall report as specified in this section, and shall report such 

other information as the Administrator may require.

(a) Quarterly reports for reformulated gasoline. Any refiner or importer that produces or 

imports any reformulated gasoline or RBOB shall submit quarterly reports to the 

Administrator for each refinery at which such reformulated gasoline or RBOB was 

produced and for all such reformulated gasoline or RBOB imported by each importer.

(1) The quarterly reports shall be for all such reformulated gasoline or RBOB produced or 

imported during the following time periods:

(i) The first quarterly report shall include information for reformulated gasoline or RBOB 

produced or imported from January 1 through March 31, and shall be submitted by June 1 

of each year.

(ii) The second quarterly report shall include information for reformulated gasoline or RBOB 

produced or imported from April 1 through June 30, and shall be submitted by September 

1 of each year.

(iii) The third quarterly report shall include information for reformulated gasoline or RBOB 

produced or imported from July 1 through September 30, and shall be submitted by

December 1 of each year.

(iv) The fourth quarterly report shall include information for reformulated gasoline or RBOB 

produced or imported from October 1 through December 31, and shall be submitted by

March 31 of each year.

(2) All of the following information shall be included in each quarterly report for each batch 

of reformulated gasoline or RBOB which is included under paragraph (a)(1) of this 

section:

(i) The batch number.

(ii) The date of production.

(iii) The volume of the batch.
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(iv) The grade of gasoline produced (i.e., premium, mid-grade, or regular).

(v) For any refiner or importer, all of the following:

(A) Each designation of the gasoline, pursuant to §80.65.

(B) The properties, along with identification of the test method used to measure those 

properties, pursuant to §§80.65(e) and 80.66.

(vi) For any importer, the PADD in which the import facility is located.

(vii) [Reserved]

(viii) In the case of any previously certified gasoline used in a refinery operation under the 

terms of §80.65(i), all of the following information relative to the previously certified 

gasoline when received at the refinery:

(A) Identification of the previously certified gasoline as such.

(B) The batch number assigned by the receiving refinery.

(C) The date of receipt.

(D) The volume, properties (along with identification of the test method used to measure 

those properties), and designation of the batch.

(ix) In the case of butane blended with reformulated gasoline or RBOB under §80.82, all of 

the following:

(A) Identification of the butane batch as complying with the provisions of §80.82.

(B) Identification of the butane batch as commercial or non-commercial grade butane.

(C) The batch number of the butane.

(D) The date of production of the gasoline produced using the butane batch.

(E) The volume of the butane batch.

(F) The properties of the butane batch specified by the butane supplier, or the properties 

specified in §80.82(c) or (d), as appropriate, along with the identification of the test 

method used to measure those properties.

(G) The volume of the gasoline batch subsequent to the butane blending.

(x) In the case of any imported GTAB, identification of the gasoline as GTAB.

(xi) In the case of pentane blended with reformulated gasoline or RBOB under §80.85, all of 

the following:

(A) Identification of the pentane batch as complying with the provisions of §80.85.

(B) Identification of the pentane batch as commercial or non-commercial grade pentane.

(C) The batch number of the pentane.

(D) The company and facility identification numbers of the supplier of the pentane batch.

(E) The date of production of the gasoline produced using the pentane batch.

(F) The volume of the pentane batch.

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

specified in §80.82(c) or (d), as appropriate along with the test method used to measure 

these properties.

(H) The volume of the gasoline batch subsequent to the pentane blending.

(3) Information pertaining to gasoline produced or imported during 1994 shall be included in 

the first quarterly report in 1995.

(b) [Reserved]

(c) * * *
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(1) Any refiner or importer that produced or imported any reformulated gasoline or RBOB 

under the complex model that was to meet the VOC emissions performance standards on 

average (“averaged reformulated gasoline”) shall submit to the Administrator, with the 

third quarterly report, a report for each refinery or importer for such averaged 

reformulated gasoline produced or imported during the previous VOC averaging period. 

Beginning January 1, 2014, the information required by this paragraph (c) shall be 

submitted with the fourth quarter report pursuant to §80.75(a)(1)(iv). This information 

shall be reported separately for the following categories:

* * * * *

(d) Benzene content averaging reports. Pursuant to §80.41(f)(3), for any refiner, refinery or 

importer not subject to the applicable standards at §80.41(f)(1), the report required by this 

paragraph (d) is not required beginning January 1, 2014, or beginning January 1, 2016 for 

all other refiners.

(1) Any refiner or importer that produced or imported any reformulated gasoline or RBOB 

that was to meet the benzene content standards on average (“averaged reformulated 

gasoline”) shall submit to the Administrator, with the fourth quarterly report, a report for 

each refinery or importer for such averaged reformulated gasoline that was produced or 

imported during the previous toxics averaging period.

(2) All of the following information shall be reported:

(i) The volume of averaged reformulated gasoline or RBOB in gallons.

(ii) The compliance total content of benzene.

(iii) The actual total content of benzene, along with identification of the test methods used to 

measure the content of benzene.

(iv) The number of benzene credits generated as a result of actual total benzene being less 

than compliance total benzene.

(v) The number of benzene credits required as a result of actual total benzene being greater 

than compliance total benzene.

(vi) The number of benzene credits transferred to another refinery or importer.

(vii) The number of benzene credits obtained from another refinery or importer.

(e) Toxics emissions performance averaging reports. Pursuant to §80.41(f)(3), for any 

refiner, refinery or importer not subject to the applicable standards at §80.41(f)(1), the 

report required by this paragraph (e) is not required beginning January 1, 2014, or 

beginning January 1, 2016 for all other refiners.

(1) Any refiner or importer that produced or imported any reformulated gasoline or RBOB 

that was to meet the toxics emissions performance standards on average (“averaged 

reformulated gasoline”) shall submit to the Administrator, with the fourth quarterly 

report, a report for each refinery or importer for such averaged reformulated gasoline that 

was produced or imported during the previous toxics averaging period.

* * * * *

(g) NOX emissions performance averaging reports. Pursuant to §80.41(f)(2), for any refiner, 

refinery or importer not subject to the applicable standards at §80.41(f)(1), the report 

required by this paragraph (g) is not required beginning January 1, 2014.

* * * * *
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(h) Credit transfer reports. As an additional part of the fourth quarterly report required by 

this section, any refiner or importer shall, for each refinery or importer, supply the 

information specified in paragraphs (h)(1) through (3) of this section for any benzene 

credits that are transferred from or to another refinery or importer.

* * * * *

(i) Covered areas of gasoline use report. Any refiner that produced any reformulated 

gasoline that was to meet any reformulated gasoline standard on average (“averaged 

reformulated gasoline”) shall, for each refinery at which such averaged reformulated 

gasoline was produced, submit to the Administrator, with the fourth quarterly report, a 

report that contains the identity of each covered area that was supplied with any averaged 

reformulated gasoline produced at each refinery during the previous year.

* * * * *

(k) [Reserved]

(l) Reports for per-gallon compliance gasoline. In the case of reformulated gasoline or 

RBOB for which compliance with each of the standards set forth in §80.41 is achieved on 

a per-gallon basis, the refiner or importer shall submit to the Administrator, by March 31 

of each year, a report of the volume of each designated reformulated gasoline or RBOB 

produced or imported during the previous calendar year for which compliance is achieved 

on a per-gallon basis, and a statement that each gallon of this reformulated gasoline or 

RBOB met the applicable standards.

(m) Reports of compliance audits. Any refiner or importer shall submit the report of the

compliance audit required by §80.65(h) to the Administrator by June 1 of each year.

* * * * *

(o) Additional reporting requirements for refiners that blend butane or pentane with 

reformulated gasoline or RBOB. For refiners that blend any butane or pentane with 

reformulated gasoline or RBOB under §80.82 or §80.85, the refiner shall submit to the 

Administrator, by March 31 of each year, a report for the refinery which includes all the 

following information for the previous calendar year:

(1) The total volume of butane and the total volume of pentane blended with reformulated 

gasoline or RBOB at the refinery, separately for reformulated gasoline and RBOB.

(2) The total volume of reformulated gasoline or RBOB produced using butane and the total 

volume of reformulated gasoline or RBOB produced using pentane, separately for 

reformulated gasoline and RBOB.

(3) A statement that each gallon of reformulated gasoline or RBOB produced using butane or 

pentane met the applicable per-gallon standards under §80.41.

(4) A statement that all butane and pentane blended with reformulated gasoline or RBOB at 

the refinery is included in the volume reported in paragraph (o)(2) of this section.

(p) Reporting requirements for producers and importers of pentane for use by pentane 

blenders. Any producer of pentane for use by pentane blenders, or importer of pentane 
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for use by a pentane blender that produces or imports any pentane for use by a pentane 

blender pursuant to the requirements of §80.86 shall submit annual reports to the

Administrator for each facility at which pentane for use by pentane blenders was 

produced and for all such pentane imported by each importer.

(1) All the following information shall be included in each annual report for each batch of 

pentane for use by pentane blenders which is produced or imported from January 1 to 

December 31 of each year:

(i) The batch number.

(ii) The date of production.

(iii) The volume of the batch.

(iv) Whether the batch was produced to the standards for blender-commercial grade pentane

pursuant to §80.86(a)(3) or blender non-commercial grade pentane pursuant to 

§80.86(a)(4).

(v) The properties, pursuant to the testing requirements of §80.86(a)(3) or (a)(4) as 

applicable.

(vi) A statement that the batch of pentane is composed solely of carbon, hydrogen, oxygen, 

nitrogen, and sulfur. 

(vii) For any importer, the PADD in which the import facility is located.

(2) Each annual report shall include the total volume of blender commercial grade pentane

pursuant to §80.86(a)(3) or blender-non-commercial grade pentane pursuant to 

§80.86(a)(4) for the reporting period.

(3) Annual reports shall be submitted by March 31 of each year.

12. Section 80.77 is amended by:

a. Revising the introductory text.

b. Revising paragraph (c).

c. Revising paragraph (d).

d. Revising paragraph (f).

§80.77 Product transfer documentation.

On each occasion when any person transfers custody or title to any reformulated gasoline, 

RBOB, or pentane for use by a pentane blender 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 the following information:

* * * * *

(c) The volume of gasoline, RBOB, or pentane for use by a pentane blender which is being 

transferred; 

(d) The location of the gasoline or pentane for use by a pentane blender at the time of the 

transfer;

* * * * *
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(f) The proper identification of the product as reformulated gasoline, RBOB, or pentane for 

use by a pentane blender;

* * * * *

13. Section 80.80 is amended by:

a. Revising paragraph (b).

b. Revising paragraph (d).

§80.80 Penalties.

* * * * *

(b) Any violation of a standard for average compliance during any averaging period, or for 

per-gallon compliance for any batch of gasoline or blender grade pentane, shall constitute 

a separate violation for each and every standard that is violated.

* * * * *

(d)(1)(i) Any violation of any per-gallon standard or of any per-gallon minimum or per-gallon 

maximum, other than the standards specified in paragraph (e) of this section, shall 

constitute a separate day of violation for each and every day such gasoline or blender 

grade pentane giving rise to such violations remains any place in the gasoline or blender 

grade pentane distribution system, beginning on the day that the gasoline or blender grade 

pentane that violates such per-gallon standard is produced or imported and distributed 

and/or offered for sale, and ending on the last day that any such gasoline or blender grade 

pentane is offered for sale or is dispensed to any ultimate consumer for use in any motor 

vehicle; unless

(ii) The violation is corrected by altering the properties and characteristics of the gasoline or 

blender grade pentane giving rise to the violations and any mixture of gasolines or 

blender grade pentane that contains any of the gasoline or blender grade pentane giving 

rise to the violations such that said gasoline or mixture of gasolines or said blender grade 

pentane or mixture of blender grade pentanes has the properties and characteristics that 

would have existed if the gasoline or blender grade pentane giving rise to the violations 

had been produced or imported in compliance with all per-gallon standards.

(2) For the purposes of this paragraph (d), the length of time the gasoline or blender grade 

pentane in question remained in the gasoline or blender grade pentane distribution system 

shall be deemed to be twenty-five days; unless the respective party or EPA demonstrates 

by reasonably specific showings, by direct or circumstantial evidence, that the gasoline or 

blender grade pentane giving rise to the violations remained any place in the gasoline or 

blender grade pentane distribution system for fewer than or more than twenty-five days.

* * * * *
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14. Section 80.82 is amended to read as follows:

§80.82 Butane blending. 

A refiner for any refinery that produces gasoline by blending butane with previously certified 

gasoline (PCG) may meet the sampling and testing requirements for this part as follows:

(a) Except as provided in paragraphs (e) and (i) of this section, any refinery that blends 

butane for which the refinery has documents from the butane supplier which demonstrate 

that the butane is commercial grade, as defined in paragraph (c) of this section, may

demonstrate compliance with the standards in this part based on the properties specified 

in paragraph (c) of this section, or the properties specified by the butane supplier.

(b)(1) Except as provided in paragraphs (e) and (i) of this section, any refiner that blends butane 

for which the refiner has documents from the butane supplier which demonstrate that the 

butane is non-commercial grade, as defined in paragraph (d) of this section, may

demonstrate compliance with the standards in this part based on the properties specified 

in paragraph (d) of this section, or the properties specified by the butane supplier, 

provided that the refinery:

(i) Conducts a quality assurance program of sampling and testing the butane obtained from 

each separate butane supplier which demonstrates that the butane has the properties 

specified in paragraph (d) of this section; and

(ii) The frequency of sampling and testing for the butane received from each butane supplier 

must be one sample for every 500,000 gallons of butane received, or one sample every

three months, whichever is more frequent.

(2) Where test results indicate the butane does not meet the requirements in paragraph (b)(1) 

of this section, the refiner may:

(i) Blend the butane with conventional gasoline, or reformulated gasoline that has been 

downgraded to conventional gasoline, provided the equivalent emissions performance of 

the butane batch, as determined using the provisions in §80.101(g)(3), meets the 

refinery’s standards under §80.101 and the refiner meets all of the standards and 

requirements applicable to refiners of conventional gasoline under this part;

(ii) Blend the butane with reformulated gasoline or RBOB, provided that the final batch of 

butane blended with reformulated gasoline or RBOB meets the applicable per-gallon 

standards in §80.41(e), as determined using the test methods in §80.46 or §80.47, as 

applicable.

(c) Commercial grade butane is defined as butane for which test results demonstrate that the 

butane is 95% pure and has all of the following properties:

(1) Olefins ≤1.0 vol%.

(2) Aromatics ≤2.0 vol%.

(3) Benzene ≤0.03 vol%.

(4) Sulfur ≤30 ppm from January 1, 2005 through December 31, 2016; ≤10 ppm beginning 

January 1, 2017 and thereafter.
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(d) Non-commercial grade butane is defined as butane for which test results demonstrate the 

butane has all of the following properties:

(1) Olefins ≤10.0 vol%.

(2) Aromatics ≤2.0 vol%.

(3) Benzene ≤0.03 vol%.

(4) Sulfur ≤30 ppm beginning January 1, 2005 through December 31, 2016; ≤10 ppm 

beginning January 1, 2017 and thereafter.

(e)(1) When butane is blended with conventional gasoline under this section during the period 

May 1 through September 15, the refiner shall demonstrate through sampling and testing, 

using the test method for Reid vapor pressure in §80.46 or §80.47, as applicable, that 

each batch of conventional gasoline blended with butane meets the volatility standards 

specified in §80.27.

(2) Butane may not be blended with any reformulated gasoline or RBOB during the period 

April 1 through September 30, or with any reformulated gasoline or RBOB designated as 

VOC-controlled, under this section.

(f) When butane is blended with previously certified gasoline under this section, product 

transfer documents which accompany the gasoline blended with butane must comply

with all of the requirements of §80.77 or §80.106, as appropriate.

(g) Butane blended with previously certified gasoline during a period of up to one month 

may be included in a single batch for purposes of reporting to EPA, however, commercial 

grade butane and non-commercial grade butane must be reported as separate batches.

(h) Where a refiner chooses to include butane blended with gasoline in the refinery’s annual 

average compliance calculations:

(1) In the case of butane blended with conventional gasoline, the equivalent emissions 

performance of the butane must be calculated in accordance with the provisions of 

§80.101(g)(3). For purposes of this paragraph (i)(1), the property values in §80.82(c) or 

(d), as appropriate, may be used;

(2) In the case of butane blended with reformulated gasoline or RBOB, compliance with the 

reformulated gasoline standards may not be demonstrated using the provisions of this 

section;

(3) All butane blended into gasoline during the annual averaging period must be included in 

annual average compliance calculations for the refinery.

(i) A refiner who only blends commercial grade or non-commercial grade butane into PCG 

may meet the sampling and testing requirements of this part by meeting the requirements 

of paragraphs (a) through (f) and (h)(3) of this section and all of the following additional 

requirements:

(1) The per-gallon sulfur content of every batch of butane must not exceed 30 ppm from 

January 1, 2005 through December 31, 2016, and 10 ppm beginning January 1, 2017 and 

thereafter.
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(2) The refiner obtains test results from the butane supplier that demonstrate that the sulfur 

content of each load does not exceed the applicable per-gallon sulfur standard under 

paragraph (i)(1) of this section through test results of samples of butane contained in the 

storage tank from which the butane blender is supplied.

(i) Sampling and testing for the sulfur content of the butane by the supplier must be 

subsequent to each receipt of butane into the supplier’s storage tank or the sampling and 

testing must be immediately before transfer of butane to the butane blender.

(ii) The testing must be performed in accord with the provisions of §80.46 or §80.47 as 

applicable.

(iii) The butane blender must obtain a copy of the butane supplier’s test results at the time of 

each transfer of butane to the butane blender.

(3) The sulfur content and volume of each batch of gasoline produced is that of the butane 

that the refiner blends into PCG for the purposes of calculating compliance with the 

applicable per-gallon sulfur standard.

(4) The requirements of paragraphs (i)(1) through (3) of this section apply regardless of 

whether the butane is commercial grade or non-commercial grade.

(5) The quality assurance testing requirement of paragraph (b)(1) of this section applies 

regardless of whether the butane is commercial grade or non-commercial grade.

(6) If any of the requirements of this paragraph (i) are not met, in whole or in part for any 

butane blended into gasoline, that butane is deemed in violation of the gasoline standards 

in §80.1603(a).

(j) The PCG procedures of §80.1640 may be used to meet the sampling and testing 

requirements of subpart O of this part.

15. Section 80.85 is amended to read as follows:

§80.85 Pentane blending. 

A refiner for any refinery where gasoline is produced by adding blender-commercial grade

pentane or blender-non-commercial grade pentane meeting the requirements of §80.86 to

previously certified gasoline (PCG) may meet the sampling and testing requirements for this part 

as follows:

(a) Any refinery that blends pentane for which the refinery has product transfer documents 

from a registered pentane supplier which demonstrate that the pentane is blendercommercial grade, as defined in §80.86(a)(3), may demonstrate compliance with the 

standards in this part based on the properties specified in §80.86(a)(3), or the properties 

specified by the pentane supplier, provided that the refinery does all of the following:

(1) Obtains a copy of the pentane supplier’s test results at the time of each transfer of pentane 

to the pentane blender that indicates that the blender-commercial grade pentane complies 

with the requirements of §80.86(a)(3).

(2) Conducts a quality assurance program of sampling and testing the pentane obtained from 

each separate pentane supplier using test procedures that have been approved by the 

Administrator which demonstrates that the pentane has the properties specified in 
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§80.86(a)(3). Samples and tests the pentane received from each pentane supplier at a 

frequency of one sample for every 350,000 gallons of pentane received, or one sample 

every three months, whichever is more frequent.

(3) Enters into a contract with all parties who transport or store blender-commercial grade 

pentane for use by the refiner to assure that an adequate quality assurance program is 

implemented to ensure that blender-commercial grade pentane will not be contaminated 

in transit to the refinery. 

(b) Any refiner that blends pentane for which the refiner has product transfer documents 

from a registered pentane supplier which demonstrate that the pentane is blender-noncommercial grade, as defined in §80.86(a)(4), may demonstrate compliance with the 

standards in this part based on the properties specified in §80.86(a)(4), or the properties 

specified by the pentane supplier, provided that the refinery does all the following:

(1) Obtains a copy of the pentane supplier’s test results at the time of each transfer of pentane 

to the pentane blender that indicates that the blender-non-commercial grade pentane 

complies with the requirements of §80.86(a)(4).

(2) Conducts a quality assurance program of sampling and testing the pentane obtained from 

each separate pentane supplier using test procedures that have been approved by the 

Administrator which demonstrates that the pentane has the properties specified in 

§80.86(a)(4).

Samples and tests the pentane received from each pentane supplier at a frequency of one sample

for every 250,000 gallons of pentane received, or one sample every three months, 

whichever is more frequent.

(3) Enters into a contract with all parties who transport or store blender-non-commercial 

grade pentane for use by the refiner to assure that an adequate quality assurance program 

is implemented to ensure that blender-non-commercial grade pentane will not be 

contaminated in transit to the refinery. 

(c) When pentane is blended with conventional gasoline under this section during the period 

May 1 through September 15, the refiner shall demonstrate through sampling and testing, 

using the test method for Reid vapor pressure in §80.46 or §80.47 as applicable, that each 

batch of conventional gasoline blended with pentane meets the volatility standards 

specified in §80.27, and in any EPA approved SIP.

(d) When pentane is blended with conventional gasoline, CBOB, reformulated gasoline, or 

RBOB under this section, product transfer documents which accompany the gasoline 

blended with pentane must comply with all of the requirements of §80.77 or §80.106, as 

appropriate.

(e) Pentane blended with conventional gasoline, CBOB, reformulated gasoline, or RBOB

during a period of up to one month may be included in a single batch for purposes of 

reporting to EPA, if the refiner meets the sample compositing requirements in 

§80.91(d)(4)(iii), and reports blender-commercial grade and blender-non-commercial 

grade pentane as separate batches.
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(f) The provisions of this section may not be used for any pentane blended with any

reformulated gasoline or RBOB during the period April 1 through September 30, or with 

any reformulated gasoline or RBOB designated as VOC-controlled.

(g) All pentane blended into gasoline during the annual averaging period must be included in 

annual average compliance calculations for the refinery.

(h) If any of the requirements of this section are not met, in whole or in part for any pentane 

blended into gasoline, that pentane is deemed in violation of the gasoline standards in 

§80.1603(a).

(i) If a refiner does not fully implement the requirements of this section, they may not rely

on test results from the pentane producer, and may only blend pentane with gasoline if 

they fully comply with all applicable requirements of this part 80, including the sampling 

and testing requirements applicable to refiners who produce gasoline by adding 

blendstocks to PCG. 

16. Section 80.86 is amended to read as follows:

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

Producers and importers of pentane may designate batches of pentane as blender grade pentane

suitable for use by pentane blenders pursuant to the requirements in this section.

(a) Standards. (1) The pentane must be composed solely of carbon, hydrogen, oxygen, 

nitrogen, and sulfur.

(2) The pentane must meet the standards for blender-commercial grade pentane or blendernon-commercial grade pentane.

(3) For blender commercial grade pentane, the producer or importer must conduct analytical 

testing to on each production batch to demonstrate compliance with the standards in this 

paragraph (a)(3) using sampling and testing procedures that have been approved by the 

Administrator.

(i) Pentane ≥ 95 vol%.

(ii) Olefins ≤1.0 vol%.

(iii) Aromatics ≤2.0 vol%.

(iv) Benzene ≤0.03 vol%.

(v) C6 and higher carbon number hydrocarbons ≤5.0 vol%.

(vi) Sulfur ≤30 ppm from January 1, 2005 through December 31, 2016; ≤10 ppm beginning 

January 1, 2017 and thereafter.

(4) For blender-non-commercial grade pentane, the producer or importer must conduct 

analytical testing on each production batch to demonstrate compliance with the standards 

in this paragraph (a)(4) using sampling and testing procedures that have been approved 

by the Administrator.
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(i) Olefins ≤10.0 vol%.

(ii) Aromatics ≤2.0 vol%.

(iii) Benzene ≤0.03 vol%.

(iv) C6 and higher carbon number hydrocarbons ≤5.0 vol%.

(v) Sulfur ≤30 ppm beginning January 1, 2005 through December 31, 2016; ≤10 ppm 

beginning January 1, 2017 and thereafter.

(b) Registration. The producer or importer of pentane for use by pentane blenders must 

register with EPA pursuant to the requirements of this paragraph (b).

(1) Registration dates. Any producer or importer of pentane for use by pentane blenders 

must register with EPA at least thirty days in advance of the first date that such person 

will produce or import pentane for use by pentane blenders.

(2) Registration for producers of pentane for use by pentane blenders. (1) Registration shall 

be on forms and following procedures 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 

producer of pentane for use by pentane blenders.

(ii) For each separate facility that will produce pentane for use by pentane blenders, the 

facility name, physical location, contact name, telephone number, and type of facility.

(iii) For each separate facility that will produce pentane for use by pentane blenders:

(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.

(iv) A description of the production facility which demonstrates that the facility is capable of 

producing pentane that is complaint with the requirements of this section without 

significant modifications to the existing facility. 

(v) A description of the means pentane will be shipped from the production facility to the 

pentane blender(s) and the associated quality assurance practices which demonstrate that 

contamination during distribution can be adequately controlled so as not to cause the 

pentane to be in violation of the standards in this section.

(vi) A description of the sampling and testing procedures that will be used pursuant to the 

requirements of paragraphs (a)(3) and (a)(4) of this section. 

(vii) EPA will supply a company registration number to each producer of pentane for use by 

pentane blenders, and a facility registration number for each production facility that is 

identified. These registration numbers or those provided under §80.1450 shall be used in 

all reports to the Administrator.

(viii) Updates to registration. Any producer of pentane for use by pentane blenders shall 

submit updated registration information to the Administrator within thirty days of any

occasion when the registration information previously supplied becomes incomplete or 

inaccurate.

(3) Registration for importers of pentane for use by pentane blenders. (1) Registration shall 

be on forms and following procedures 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.
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(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.

(iv) A description of the importer’s operating facility which demonstrates that the importer is 

capable of providing pentane that is complaint with the requirements of this section 

without significant modifications to the existing facility. 

(v) A description of the means pentane will be shipped from the importer’s facility to the 

pentane blender(s) and the associated quality assurance practices which demonstrate that 

contamination during distribution can be adequately controlled so as not to cause the 

pentane to be in violation of the standards in this section.

(vi) A description of the sampling and testing procedures that will be used pursuant to the 

requirements of paragraphs (a)(3) and (a)(4) of this section. 

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

number shall be used in all reports to the Administrator.

(viii) Updates to registration. Any importer of pentane for use by pentane blenders shall

submit updated registration information to the Administrator within thirty days of any

occasion when the registration information previously supplied becomes incomplete or 

inaccurate.

(c) PTDs. The producer or importer of pentane for use by pentane blenders must initiate a 

PTD for each batch that it ships from its facility which contains the statement in 

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

(1) “Blender commercial grade pentane for use by pentane blenders”.

(2) “Blender non-commercial grade pentane for use by pentane blenders”.

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

transferred from each party transferring pentane for use by pentane blenders to each party

that receives pentane for use by pentane blenders through to the pentane blender. 

(4) Alternative PTD language to that specified in paragraphs (c)(1) and (c)(2) of this section 

may be used as approved by EPA.

(d) Batch numbers. Every batch of pentane for use by pentane blenders that is produced or 

imported at a pentane production or import facility shall be assigned a number (the “batch 

number”), consisting of the EPA-assigned registration number, the EPA facility

registration number, the last two digits of the year in which the batch was produced, and a 

unique number for the batch, beginning with the number one for the first batch produced 

or imported each calendar year and each subsequent batch during the calendar year being 

assigned the next sequential number (e.g., 4321–54321–95–000001, 4321–54321–95–

000002, etc.).

17. Section 80.87 is amended to read as follows:

§80.87 Controls and prohibitions for producers, importers, and distributors of pentane for 

use by pentane blenders. 
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(a) Prohibited acts. (1) No person shall produce, import, sell, distribute, offer for sale or 

distribution, blend, supply, offer for supply, store, transport, or cause the transportation of 

any product designated as pentane for use by pentane blenders unless:

(i) Each gallon of such pentane for use by pentane blenders meets the applicable standards 

specified in §80.86; and

(ii) The product transfer documentation for such pentane for use by pentane blenders 

complies with the requirements in §§80.77 and 80.86(c).

(2) No person shall produce or import pentane for use by pentane blenders unless the 

producer or importer complies with the requirements of §80.86, the reporting 

requirements of §80.75, and the recordkeeping requirements of §80.74.

(3) Fail to meet any other requirements of §80.86.

(4) Cause another person to commit an act in violation of paragraph (a) of this section. 

(b) Persons liable. The following persons are liable for violations of prohibited acts in 

80.87(a):

(1) Any person who manufactures, imports, sells, distributes, offers for sale or distribution, 

blends, supplies, offers for supply, stores, transports, or causes the transportation of any

product designated as pentane for use by pentane blenders that violates §80.86 is liable 

for the violation.

(2) Any person that causes another party to violate §80.87(a) is liable for a violation of 

§80.87(b).

(3) Any parent corporation is liable for any violations of this §80.87 that are committed by

any of its wholly-owned subsidiaries.

(4) 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 a facility that is owned by the joint owners, or a facility that is 

committed by the joint venture operation or any of the joint owners of the facility.

(c) Any person who violates §80.87 is liable for the violation.

(d) Determination of compliance. EPA may establish noncompliance with standards using 

any information, including the results of testing using methods that are not included in 

§80.46.

(e) Dates controls and prohibitions begin. The controls and prohibitions specified in 

paragraph (a) of this section apply at any location on or after [INSERT DATE 60 DAYS 

AFTER PUBLICATION IN THE FEDERAL REGISTER].

(f) Penalties. (1) Any person liable for a violation under §80.87 is subject to civil penalties 

as specified in sections 205 and 211(d) of the Clean Air Act for every day of each such 

violation and the amount of economic benefit or savings resulting from each violation.

(2) Any person liable under §80.87 for a violation of an applicable standards or causing 

another person to violate the requirements is subject to a separate day of violation for 

each and every day the non-complying pentane or gasoline remains any place in the 

pentane or gasoline distribution system. 
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(3) For purposes of paragraph (c) of this section, the length of time the pentane or gasoline in 

question remained in the pentane or gasoline distribution system is deemed to be twentyfive days, unless a person subject to liability or EPA demonstrates by reasonably specific 

showings, by direct or circumstantial evidence, that the non-complying pentane or 

gasoline remained in the distribution system for fewer than or more than twenty-five 

days. 

(g) Any person liable under §80.87 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.

Subpart E—[Amended] 

17. Section 80.101 is amended by: 

a. Revising paragraph (i)(1)(i)(A).

b. Revising paragraph (i)(3)(i)(C).

c. Revising paragraph (i)(3)(ii)(C).

§80.101 Standards applicable to refiners and importers.

* * * * *

(i) * * *

(1) * * *

(i)(A) Through December 31, 2015, determine the value of each of the properties required for 

determining compliance with the standards that are applicable to the refiner or importer, 

by collecting and analyzing a representative sample of gasoline or blendstock from the 

batch, using methodologies specified in §80.46; beginning January 1, 2016, determine the 

value of each of the properties required for determining compliance with the standards 

that are applicable to the refiner or importer, by collecting and analyzing a representative 

sample of gasoline or blendstock from the batch, using methodologies specified in 

§80.47; except that

* * * * *

(3) * * *

(i) * * *

(C) The testing must be for each applicable parameter specified under §80.65(e)(2)(i), using 

the test methods specified under §80.46 through December 31, 2015, or under §80.47

beginning January 1, 2016.

* * * * *

(ii) * * *

(C) The testing must be for each applicable parameter specified under §80.65(e)(2)(i), using 

the test methods specified under §80.46 through December 31, 2015, or under §80.47 

beginning January 1, 2016.

* * * * *
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18. Section 80.105 is amended by:

a. Revising paragraph (a)(5).

b. Revising paragraph (a)(7).

c. Revising paragraph (c).

d. Revising paragraph (d)(2).

§80.105 Reporting requirements.

(a) * * *

(5) All the following information for each batch of conventional gasoline or batch of 

blendstock included under paragraph (a) of this section:

(i) The batch number.

(ii) The date of production.

(iii) The volume of the batch.

(iv) The grade of gasoline produced (i.e., premium, mid-grade, or regular).

(v) The properties, along with identification of the test method used to measure those 

properties, pursuant to §80.101(i).

(vi) In the case of any previously certified gasoline used in a refinery operation under the 

terms of §80.101(g)(9), all the following information relative to the previously certified 

gasoline when received at the refinery:

(A) Identification of the previously certified gasoline as such.

(B) The batch number assigned by the receiving refinery.

(C) The date of receipt.

(D) The volume, properties (along with identification of the test method used to measure 

those properties), and designation of the batch.

(vii) In the case of butane blended with conventional gasoline under §80.82, all the following:

(A) Identification of the butane batch as complying with the provisions of §80.82.

(B) Identification of the butane batch as commercial or non-commercial grade butane.

(C) The batch number of the butane.

(D) The date of production of the gasoline produced using the butane.

(E) The volume of the butane batch.

(F) The properties of the butane batch specified by the butane supplier, along with 

identification of the test method used to measure those properties, or the properties 

specified in §80.82(c) or (d), as appropriate.

(G) Where butane is blended with conventional gasoline during the period May 1 through 

September 15, the Reid vapor pressure, along with identification of the test method used 

to measure Reid vapor pressure (per §80.46 through December 31, 2015 and §80.47 

beginning January 1, 2016);

(viii) In the case of pentane blended with conventional gasoline under §80.85, all the 

following:

(A) Identification of the pentane batch as complying with the provisions of §§80.85 and 

80.86.

(B) Identification of the pentane batch as blender-commercial grade or blender-noncommercial grade pentane.

(C) The batch number of the pentane.
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(D) The date of production of the gasoline produced using the pentane.

(E) The volume of the pentane batch.

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

specified in §80.85(c) or (d), as appropriate.

(G) Where pentane is blended with conventional gasoline during the period May 1 through 

September 15, the Reid vapor pressure, as measured using the appropriate test method in 

§80.46 or §80.47, as applicable.

(ix) In the case of any imported GTAB, identification of the gasoline as GTAB.

* * * * *

(7) For refiners that blend any butane with conventional gasoline under §80.82, or any 

pentane with conventional gasoline under the report required under §80.85, paragraph (a) 

of this section must include all the following information for the annual averaging period.

(i) The total volume of butane blended with conventional gasoline.

(ii) The total volume of conventional gasoline produced using butane.

(iii) A statement that the gasoline produced using butane meets all applicable downstream 

standards that apply to conventional gasoline under this subpart E, along with the test 

methods used to determine compliance with the downstream standards that apply to 

conventional gasoline under this subpart E.

(iv) A statement that all butane blended with conventional gasoline at the refinery is included 

in the volume under paragraph (a)(7)(i) of this section, or a statement that all butane 

blended with conventional gasoline is included in the refinery’s annual average 

compliance calculations under §80.101.

(v) The total volume of pentane blended with conventional gasoline.

(vi) The total volume of conventional gasoline produced using pentane.

(vii) A statement that the gasoline produced using pentane meets all applicable downstream 

standards that apply to conventional gasoline under this subpart E.

(viii) A statement that all pentane blended with conventional gasoline at the refinery is 

included in the volume under paragraph (a)(7)(v) of this section, or a statement that all 

pentane blended with conventional gasoline is included in the refinery’s annual average 

compliance calculations under §80.101.

* * * * * 

(c) For each averaging period, each refiner for each refinery and importer shall submit to the 

Administrator of EPA, by June 1 of each year, a report in accordance with the 

requirements for the Attest Engagements of §80.125 through §80.131.

(d) * * *

(2) Submitted to EPA by March 31 each year for the prior calendar year averaging period; 

and

* * * * * 

Subpart G--[Amended] 
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19. Section 80.161 is amended by:

a. Revising paragraph (b)(1)(ii)(A)(2) and adding paragraph (b)(1)(ii)(A)(3).

b. Revising paragraph (b)(2) introductory text.

c. Revising paragraphs (b)(3)(ii)(C), (b)(3)(v), and (b)(3)(viii).

d. Revising paragraph (d)(1).

§80.161 Detergent additive certification program.

* * * * *

(b) * * *

(1) * * *

(ii) * * *

(A) * * *

(2) In the case of the alternative national generic certification option pursuant to 

§80.163(a)(1)(iii), the minimum recommended concentration must equal or exceed the 

amount mixed into the associated test fuel specified in §80.177, which was shown to 

satisfy the fuel injector deposit control and intake valve deposit control performance tests 

and standards specified in §80.176.

(3) In the case of any other detergent certification option, the minimum recommended 

concentration must equal or exceed the amount mixed into the associated test fuel 

specified in §80.164, which was shown to satisfy the fuel injector deposit control and 

intake valve deposit control performance tests and standards specified in §80.165.

* * * * *

(2) The detergent additive manufacturer (or other certifying party) must submit to EPA a 

sample of the actual detergent additive package which was used in the certification test 

fuels specified in §80.164 or §80.177 or, if such sample is not available, then a sample 

which has the same composition as the package used in certification testing.

* * * * *

(3) * * *

(ii) * * *

(C) Complete documentation of the test fuel formulation, IVD demonstration procedures, fuel 

injector deposit demonstration procedure if applicable, detergent performance test 

procedures, and test results are available for EPA's inspection upon request. 

* * * * *

(v) In the case of a national or PADD certification (pursuant to §80.163(a)(1), (a)(1)(i), 

(a)(1)(ii), or (b)) for which the test fuel was specially formulated from refinery blend 

stocks, the results of the IVD demonstration test, pursuant to §80.164(b)(3). In the case 

of an alternative national generic certification (pursuant to §80.163(a)(1)(iii)), the results 

of the IVD demonstration test and fuel injector deposit demonstration test (pursuant to 

§80.177).

* * * * *

(viii) The test concentration(s) of the subject detergent additive in each test fuel, and the 

corresponding test results (percent flow restriction demonstrated in the fuel injector test 

and milligrams of deposit per valve demonstrated in the IVD test).

* * * * *
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(d) * * *

(1) If a detergent blender possesses deposit control performance test results as specified in 

§80.165, §80.166, or §80.176 which show that the minimum treat rate recommended by

the manufacturer of a detergent additive product exceeds the amount of that detergent 

actually required for effective deposit control, then, upon informing EPA in writing of 

these circumstances, the detergent blender may use the detergent at the lower 

concentration substantiated by these test results.

* * * * *

20. Section 80.163 is amended by adding a new paragraph (a)(1)(iii) to read as follows:

§80.163 Detergent certification options.

* * * * *

(a) * * *

(1) * * *

(iii) Alternative national generic certification option. To be certified under this option, a 

candidate detergent must meet the deposit control performance test requirements and 

standards specified in §80.176 using test fuels that conform to the requirements in 

§80.177. A detergent certified under this option is eligible to be used at a conforming 

LAC in any grade of gasoline, with or without an oxygenate component.

* * * * *

21. Section 80.164 is amended by revising paragraph (a) introductory text to read as follows:

§80.164 Certification test fuels.

(a) General requirements. This section provides specifications for the test fuels required in 

conjunction with the certification options described in §80.163(a)(1), (a)(1)(i), (a)(1)(ii), 

and (b) through (d). For each such certification option, the associated test fuel must meet 

or exceed the levels of four basic fuel parameters (aromatics, fuel sulfur, olefins, and T–

90) prescribed here and may also contain specified oxygenate compounds. In addition, 

pursuant to paragraph (b)(3) of this section, some fuels must undergo an IVD 

demonstration test before they are eligible to be used as test fuels under this certification 

program. Test fuel characteristics must be reported to EPA in the detergent certification 

letter required pursuant to §80.161(b)(3). The specifications for the test fuels required in 

conjunction with the alternative national generic certification option in §80.163(a)(1)(iii) 

are contained in §80.177.

* * * * *

22. Section 80.165 is revised to read as follows:

§80.165 Certification test procedures and standards.
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This section specifies the deposit control test requirements and performance standards which 

must be met in order to certify detergent additives for use in unleaded gasoline, pursuant to 

§80.161(b)(1)(ii)(A)(3). These standards must be met in the context of the specific test 

procedures identified in paragraphs (a) and (b) of this section, except as provided in paragraph 

(c) of this section. The testing must be conducted and the performance standards met when the 

subject detergent additive is mixed in a test fuel meeting all relevant requirements of §80.164, 

including the deposit-forming tendency demonstration specified in §80.164(b)(3), if applicable. 

Complete test documentation must be submitted by the certifying party within 30 days of receipt 

of a written request from EPA for such records. The certification test procedures and standards 

associated with the alternative national generic certification option in §80.163(a)(1)(iii) are 

contained in §80.176.

(a) Fuel injector deposit control testing. The required test fuel must produce no more than 

5% flow restriction in any one injector when tested in accordance with ASTM D5598. At 

the option of the certifier, fuel injector flow may be measured at intervals during the 

10,000 mile test cycle described in ASTM D5598, in addition to the flow measurements 

required at the completion of the test cycle, but not more than every 1,000 miles.

(b) Intake valve deposit control testing. The required test fuel must produce the 

accumulation of less than 100 mg of intake valve deposits on average when tested in 

accordance with ASTM D5500.

(c) Materials incorporated by reference. The published materials identified in this section 

are incorporated by reference into this section with the approval of the Director of the 

Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other 

than that specified in this section, a document must be published in the Federal Register

and the material must be available to the public. All approved materials are available for 

inspection at the Air and Radiation Docket and Information Center (Air Docket) in the 

EPA Docket Center (EPA/ DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave. 

NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 

a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone 

number of the EPA/DC Public Reading Room is (202) 566–1744, and the telephone 

number for the Air Docket is (202) 566–1742. These approved materials are also 

available for inspection at the National Archives and Records Administration (NARA). 

For information on the availability of this material at NARA, call (202) 741–6030 or go 

to http:// www.archives.gov/federal_register/ code_of_federal_regulations/ 

ibr_locations.html. In addition, these materials are available from the sources listed 

below.

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

International, 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428-

2959, (877) 909–ASTM, or http://www.astm.org:

(i) ASTM D5500-98 (Reapproved 2008), Standard Test Method for Vehicle Evaluation of 

Unleaded Automotive Spark-Ignition Engine Fuel for Intake Valve Deposit Formation, 

approved July 1, 2008.
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(ii) ASTM D5598-01 (Reapproved 2012), Standard Test Method for Evaluating Unleaded 

Automotive Spark-Ignition Engine Fuel for Electronic Port Fuel Injector Fouling, 

approved November 1, 2012.

(2) [Reserved]

23. Section 80.167 is amended by revising paragraph (a) to read as follows:

§80.167 Confirmatory testing.

* * * * *

(a) Confirmatory testing conducted to evaluate the validity of detergent certifications under 

the national, PADD, or fuel-specific options under §80.163(a)(1), (a)(1)(i), (a)(1)(ii), and 

(b) through (d) will generally entail a single vehicle test using the procedures detailed in 

§80.165. The test fuel(s) used in conducting such confirmatory certification testing will 

contain the specified fuel parameters at or below the minimum levels specified in 

§80.164, and will otherwise conform to the applicable certification test fuel specifications 

therein. Confirmatory testing conducted to evaluate the validity of detergent 

certifications under the alternative national generic certification option in 

§80.163(a)(1)(iii) will generally entail a single test using the procedures detailed in 

§80.177. The test fuel(s) used in conducting such confirmatory certification testing will 

contain the specified fuel parameters at or below the minimum levels specified in 

§80.177, and will otherwise conform to the applicable certification test fuel specifications 

therein. 

* * * * *

24. A new §80.175 is added to subpart G and reserved as follows:

§80.175 [Reserved]

25. A new §80.176 is added to subpart G to read as follows:

§80.176 Alternative certification test procedures and standards.

This section specifies the deposit control test requirements and performance standards which 

must be met in order to certify detergent additives for use in unleaded gasoline pursuant to 

§80.161(b)(1)(ii)(A)(2). These standards must be met in the context of the specific test 

procedures identified in paragraphs (a) and (b) of this section. Testing must be conducted and the 

performance standards met when the subject detergent additive is mixed in a test fuels meeting 

all relevant requirements of §80.177. Complete test documentation must be submitted by the 

certifying party within 30 days of receipt of a written request from EPA for such records.
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(a) Fuel injector deposit control testing. The required test fuel must produce no more than 

one inoperative injector when tested in accordance with the fuel injector deposit test 

procedure specified in paragraph (c) of this section.

(b) Intake valve deposit control testing. The required test fuel must produce the 

accumulation of less than 50 mg of intake valve deposits on average when tested in 

accordance with ASTM D6201. ASTM D6201-04 (Reapproved 2009), “Standard Test 

Method for Dynamometer Evaluation of Unleaded Spark-Ignition Engine Fuel for Intake 

Valve Deposit Formation,” approved June 1, 2009, is incorporated by reference into this 

section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) 

and 1 CFR part 51. To enforce any edition other than that specified in this section, a 

document must be published in the Federal Register and the material must be available 

to the public. Copies are available from ASTM International, 100 Barr Harbor Dr., P.O. 

Box C700, West Conshohocken, PA 19428-2959, (877) 909–ASTM, 

http://www.astm.org. The document is also available for inspection at the Air and 

Radiation Docket and Information Center (Air Docket) in the EPA Docket Center (EPA/ 

DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave. NW., Washington, DC. The 

EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday

through Friday, excluding legal holidays. The telephone number of the EPA/DC Public 

Reading Room is (202) 566–1744, and the telephone number for the Air Docket is (202) 

566–1742. The document is also available for inspection at the National Archives and 

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

NARA, call 202-741-6030 or go to: 

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

(1) Tests conducted for the intake valve deposit demonstration test pursuant to 

§80.177(b)(1)(iv) and to demonstrate compliance with the intake valve deposit control 

standards in this section must be conducted using the same engine block and cylinder 

head.

(2) All results must be derived from operationally valid tests in accordance with the test 

validation criteria of ASTM D6201.

(3) Test results shall be reported for individual intake valves and as an average of all intake 

valves.

(c) Fuel injector deposit test procedure – (1) Summary of Test Procedure. After flushing the 

vehicle fuel system with the fuel to be tested and installing new injectors, an automatic 

starter control system starts the vehicle and lets it idle for five minutes. The engine is 

then shut off and allowed to soak for 25 minutes. This cycle is repeated for a total of 192 

cycles (96 hours). During this time, the engine is kept at operating temperature with 

block heaters. After the 96 hours of start/soak cycles, the engine is allowed to hot-soak 

for 48 hours, during which time the engine is not started but is maintained at operating 

temperature. At the end of the 48-hour hot soak, the block heaters are turned off and the 

engine is allowed to cool naturally to room temperature. At the end of this 48-hour 

ambient temperature soak, an injector balance test is conducted to determine whether any 

poppet nozzles are stuck closed.

(2) Facilities and Equipment – (i) Location. A temperature-controlled garage or large room 

is needed. A dynamometer is not needed, since this test is an idle test. The room 
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temperature shall be maintained in the range of 68-75°F. The room shall be equipped 

with an exhaust system that connects to the vehicle tail pipe to remove the exhaust gases 

from the building. It is recommended that an interlock be provided so that if the building 

exhaust system fails, the vehicle test will shut down.

(ii) Electrical Power. Two 110-volt, 15-amp circuits are needed (20-amp circuits are 

recommended) to operate the four block heaters and a battery charger.

(iii) Fuel Drain Facility. A facility is required to drain the fuel from the vehicle between tests. 

The fuel is drained from the service port on the fuel rail, near the back of the engine. A 

commercial cart equipped with a tank and a suction pump is recommended for this 

operation.

(iv) Vehicle. A Chevrolet Astro or GMC Safari van, model year 1998-2001, shall be used for 

the test. Either two-wheel drive or all-wheel drive is satisfactory, although the former 

allows easier installation of the block heaters.

(v) Injectors. New injectors, General Motors part number 17091432, shall be used for each 

test.

(vi) Block Heaters. Four block heaters, General Motors part number 12371293, are needed 

for each vehicle. Two heaters shall be installed on each side of the engine, in the freeze 

plug locations.

(vii) Battery Charger. Because of the large number of starts and the very short engine running 

time, a battery charger is needed. It is recommended that the charger be installed 

permanently on the vehicle and remain plugged in while the test is in progress.

(viii) Starter Controller. A system is needed to start the engine automatically and then shut it 

off after exactly five minutes of running. A commercial after-market remote starting 

system connected to a timer or computer can be used, or a one-of-a-kind system can be 

designed and built.

(ix) Tech 2 Analyzer. A General Motors Tech 2 analyzer, part number GM3000094, 

available from Kent-Moore, shall be used to conduct the injector balance test.

(x) Fuel Pressure Gauge. A fuel pressure gauge capable of measuring fuel system pressure 

to the nearest 1 psi over the range of 45 to 65 psi, shall be used with the Tech 2 analyzer 

when conducting the injector balance test. A pressure transducer shall not be used.

(xi) Gaskets. The upper intake manifold gasket and injector body gasket will need to be 

replaced from time to time as they crack, tear, or wear out from frequent handling during 

injector replacement.

(3) Initial Vehicle Preparation – (i) Diagnostics. To help determine whether a vehicle is 

satisfactory for use in this injector test procedure, a thorough inspection and engine 

diagnostic test shall be conducted as described in the service manual. Check the cooling 

system to be sure the coolant looks clean and there are no signs of rust.

(ii) Block Heaters. Install four electric block heaters, General Motors part number 

12371293, in the coolant passages of the engine block, two on each side of the block. 

The heaters will be plugged into a heater control unit. Two of the heaters will remain on 

at all times during the first 144 hours of the injector fouling test, while the other two 

heaters will be turned on and off by the controller as needed to maintain an engine 

temperature of about 100-102°C during the soak periods of the test. (The temperature 

will drop while the engine is running, as the coolant from the radiator circulates through 

the engine. The temperature should recover to 100-102°C within about 20 minutes after 

the engine shuts off.)
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(iii) Thermocouples. Install a 1/16-inch Type K thermocouple in a threaded bolt hole on the 

rear of the right cylinder head. This thermocouple provides the feedback signal to the 

controller to turn two block heaters on and off. Install another thermocouple in the other 

hole near the first thermocouple. This second thermocouple provides a signal to an overtemperature safety shut-off on the heater controller. If the engine temperature reaches the 

set point (110°C recommended), the heater controller will signal the starter controller to 

shut down the test.

(iv) Fuel System Flush. Drain the fuel from the fuel system through the service port on the 

fuel rail at the back of the engine. Refuel with a non-detergent gasoline containing 

between 5 and 10 percent ethanol. Drive the vehicle for approximately 100 miles to 

thoroughly expose all parts of the fuel system to the fuel. The fuel pump and fuel filters 

should not be replaced unless there is a problem with them or if the vehicle history

suggests that replacement would be prudent. If replacement is necessary, the new parts 

should first be conditioned by recirculating a 10% ethanol-gasoline blend (without 

deposit control additive) through them for one week.

(v) Oil Change. Change the engine oil and oil filter, using oil that meets the manufacturer’s 

recommended service classification and viscosity grade.

(vi) Battery Charger. Install a battery charger in the vehicle so that it can be plugged in 

during the test and keep the battery at full charge.

(vii) Radiator. Install cardboard or other suitable material on the front of the radiator to block 

the flow of air through the radiator while the engine is running. This will help minimize 

the drop in coolant temperature.

(viii) Starter Controller. Make the necessary changes to the vehicle electrical system so that 

the engine can be started and stopped automatically on a programmed schedule. Install a 

starter controller or computer and program it to do the following:

(A) Start the engine and let it run for 5 minutes, and then shut it off and let it hot-soak for 25 

minutes.

(B) Repeat the 5/25 cycle for a total of 192 cycles.

(C) Allow a 48-hr hot soak during which the engine is not run but the engine temperature is 

maintained at 100-102°C.

(D) Turn off the heaters for 48 hours.

(E) Continuously count and display the number of cycles that have been completed 

throughout the test.

(4) Test Procedure. The steps described in paragraphs (c)(3)(i) though (vi) of this section 

must be performed by the action described in paragraph (c)(3)(vii) of this section so that 

the new injectors are exposed only to the new test fuel.

(i) Drain the fuel from the vehicle.

(ii) Add approximately 2 gallons of the fuel to be tested.

(iii) Drive the vehicle for approximately 20 miles at speeds up to approximately 50-60 mph. 

Approximately every 5 miles, stop the vehicle and moderately accelerate. If the radiator 

covering is still in place, watch the temperature gauge during the driving and avoid 

overheating the engine. This step not only flushes the fuel system but also helps remove 

carbon (if any) from the spark plugs and water from the exhaust system.

(iv) Drain the fuel from the vehicle and add approximately 1 to 2 gallons of the fuel to be 

tested.
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(v) Drive the vehicle for approximately 5 miles. Watch the temperature gauge and avoid 

overheating the engine.

(vi) Drain the fuel from the vehicle and add approximately 10 gallons of the fuel to be tested. 

(The test consumes about 7.5 gallons of fuel.)

(vii) Remove the fuel injectors and install new injectors. Run the engine for a few minutes to 

be sure it runs properly.

(viii) Park the vehicle in the location where the test will be run.

(ix) Connect the vehicle tail pipe to the building exhaust system.

(x) Depending on the design of the starter control system, remove fuses and relays as 

necessary and connect the wires from the controller to the vehicle fuse box. Close the 

hood.

(xi) Turn on the vehicle ignition switch and the security bypass switch if so equipped.

(xii) Turn on the heater controller and be sure that it is working.

(xiii) Turn on the starter controller and the vehicle should start.

(xiv) Monitor the engine temperature for the first few cycles to be sure it is increasing.

(xv) At the end of the 192-hour (8-day) test, turn off the ignition switch, starter controller, and 

heater controller. Return the fuses, relays, and wires to their standard configuration for 

normal operation of the vehicle.

(xvi) Connect the Tech 2 analyzer to the ALDL connector under the instrument panel, and 

connect the fuel pressure gauge to the service port on the fuel rail at the back of the 

engine.

(xvii) Conduct the injector balance test by following the instructions on the Tech 2. The 

injector balance test checks each injector individually to determine whether the poppet 

nozzle is stuck closed. First, the Tech 2 turns on the fuel pump momentarily to pressurize 

the fuel system. Then it pulses the injector for a preset interval. If the injector and 

poppet nozzle are working properly, the fuel system pressure will decrease gradually and 

smoothly by about 8 to 10 psi during the pulsing. If the pressure does not decrease, or 

decreases very suddenly but then stops decreasing before the pulsing is done, the poppet 

is stuck closed. This procedure, beginning with pressurizing the fuel system, is carried 

out for each injector.

26. A new §80.177 is added to subpart G to read as follows:

§80.177 Certification test fuels for use with the alternative test procedures and standards.

(a) General requirements. This section provides specifications for the test fuels required in 

conjunction with the alternative national generic certification option described in 

§80.163(a)(1)(iii).

(1) The test fuel characteristics detailed in this section must be reported to EPA in the 

detergent certification letter required pursuant to §80.161(b)(3).

(2) The levels of the basic fuel parameters specified in this section (ethanol, olefins, 

aromatics, sulfur, and 90% evaporation distillation temperature) must be measured in 

accordance with applicable procedures in §80.46.

(3) No detergent-active substance other than the detergent additive package undergoing 

testing may be added to a certification test fuel. Typical nondetergent additives, such as 
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antioxidants, corrosion inhibitors, and metal deactivators, may be present in the test fuel 

at the discretion of the additive certifier. In addition, any nondetergent additives (other 

than oxygenate compounds) which are commonly blended into gasoline and which are 

known or suspected to affect IVD or PFID formation, or to reduce the ability of the 

detergent in question to control such deposits, should be added to the test fuel for 

certification testing.

(4) Certification test requirements may be satisfied for a detergent additive using more than 

one batch of test fuel, provided that each batch satisfies all applicable test fuel 

requirements under this section.

(5) Unless otherwise required by this section, finished test fuels must conform to the 

requirements for commercial gasoline described in ASTM D4814.

(b) Test fuel for intake valve deposit testing. This paragraph provides specifications for the 

test fuels required for use in the test procedure specified in §80.176(b).

(1) The test fuel must contain levels of the specified parameters consistent with the

requirements of this section.

(i) The test fuel must contain no less than 8.0 volume percent and no more than 10.0 volume 

percent ethanol. Commercial fuel grade denatured fuel ethanol must be used that 

conforms to the requirement of §80.1610 and ASTM D4806.

(ii) The test fuel must contain no less than 8.0 volume percent olefins. At least 75 percent of 

the olefins must be derived from fluid catalytic cracker unit (FCC) gasoline. Such FCC 

gasoline can be full-range FCC gasoline or a mixture of light and heavy FCC gasolines. 

Such FCC gasoline must be produced by a commercial gasoline refiner and meet the 

following criteria:

(A) The FCC gasoline must be designated by the commercial refiner as full range FCC 

gasoline or whole FCC gasoline, and must have a T90 distillation temperature greater 

than 300°F.

(B) If a mixture of light and heavy FCC gasoline is used, heavy FCC gasoline must 

contribute at least 50 percent of the sulfur in the mixture. Heavy FCC gasoline must 

meet all the following criteria:

(1) The heavy FCC gasoline must be designated by the commercial refiner as heavy FCC 

gasoline.

(2) The heavy FCC gasoline must have an API gravity less than 45 and a T90 distillation 

temperature greater than 325°F.

(iii) The test fuel must contain no less than 28 volume percent aromatics.

(iv) The test fuel must contain no less than 24 ppm sulfur. At least 60 percent of the sulfur 

must be derived from FCC gasoline that meets the specifications in paragraph (b)(1)(ii) 

of this section.

(v) The test fuel must have a T90 distillation temperature of no less than 290°F.

(vi) The test fuel containing no deposit control additives must produce no less than 500 mg 

averaged over all intake valves when subjected to the intake valve deposit test specified 

in §80.176(b).

(vii) All gasoline blendstocks used to formulate the test fuel must be representative of normal 

refinery operations and shall be derived from conversion units downstream of distillation. 

Butanes and pentanes may be used for vapor pressure adjustment. The use of chemical 

grade streams is prohibited.
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(2) [Reserved]

(c) Test fuel for fuel injector deposit testing: This paragraph provides specifications for the 

test fuels required for use in the test procedure specified in §80.176(c). The test fuel must 

conform to the specifications in either paragraph (c)(1) or (c)(2) of this section. The 

same base test fuel must be used for deposit demonstration testing and for demonstrating 

compliance with the fuel injector deposit control standards in §80.176(a).

(1) Option 1 regarding the specifications for the test fuel used for fuel injector deposit 

testing.

(i) The test fuel must be a commercial full boiling range hydrocarbon gasoline or gasoline 

blending component, without oxygenates.

(ii) The test fuel containing no deposit control additives must produce at least 5 inoperable 

injectors valves when subjected to the fuel injector deposit test specified in §80.176(c).

(2) Option 2 regarding the specifications for the formulation of the test fuel used for fuel 

injector deposit testing.

(i) The test fuel must meet the requirements for federal emissions test gasoline specified in 

§§80.113 and 80.112 into which 4-methylbenzenethiol has been blended as a 

concentration of 56 mg/L.

(ii) The test fuel containing no deposit control additives must produce at least 4 inoperable 

injectors valves when subjected to the fuel injector deposit test specified in §80.176(c).

(d) Materials incorporated by reference. The published materials identified in this section 

are incorporated by reference into this section with the approval of the Director of the 

Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other 

than that specified in this section, a document must be published in the Federal Register

and the material must be available to the public. All approved materials are available for 

inspection at the Air and Radiation Docket and Information Center (Air Docket) in the 

EPA Docket Center (EPA/ DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave. 

NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 

a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone 

number of the EPA/DC Public Reading Room is (202) 566–1744, and the telephone 

number for the Air Docket is (202) 566–1742. These approved materials are also 

available for inspection at the National Archives and Records Administration (NARA). 

For information on the availability of this material at NARA, call (202) 741–6030 or go 

to http:// www.archives.gov/federal_register/ code_of_federal_regulations/ 

ibr_locations.html. In addition, these materials are available from the sources listed 

below.

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

International, 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428-

2959, (877) 909–ASTM, or http://www.astm.org;

(i) ASTM D4806-13a, Standard Specification for Denatured Fuel Ethanol for Blending with 

Gasolines for Use as Automotive Spark-Ignition Engine Fuel, approved June 15, 2013.

(ii) ASTM D4814–13b, Standard Specification for Automotive Spark-Ignition Engine Fuel,

approved December 1, 2013.

(2) [Reserved]
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Subpart H—[Amended] 

27. Section 80.330 is amended by revising paragraphs (c)(1) and (d) to read as follows:

§80.330 What are the sampling and testing requirements for refiners and importers?

* * * * *

(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. 

Beginning January 1, 2016, for purposes of paragraph (a) of this section, refiners and 

importers shall use an approved method in §80.47.

* * * * *

(d) Test method for sulfur in butane. (1) Refiners and importers shall use the method 

provided in §80.46(a)(2) through December 31, 2015 to measure the sulfur content of 

butane when the butane constitutes a batch of gasoline. Beginning January 1, 2016, 

refiners and importers shall use an approved method in §80.47 to measure the sulfur 

content of butane when the butane constitutes a batch of gasoline. 

(2) Except as provided in paragraph (d)(1) of this section, any ASTM sulfur test method for 

gaseous fuels may be used for quality assurance testing under §§80.340(b)(4) and 80.400, 

if the protocols of the ASTM method are followed and the alternative test method is 

correlated to the method provided in §80.46(a)(2) through December 31, 20, or in §80.47 

beginning January 1, 2016.

* * * * * 

28. Section 80.340 is amended by:

a. Amending paragraph (b)(1)(i).

b. Adding paragraph (d).

§80.340 What standards and requirements apply to refiners producing gasoline by 

blending blendstocks into previously certified gasoline (PCG)?

* * * * *

(b) * * *

(1) * * *

(i)(A) 120 ppm in 2004;

(B) 30 ppm from January 1, 2005 through December 31, 2016; and 

(C) 10 ppm or less beginning January 1, 2017 and thereafter;

* * * * *

(d) Refiners who blend only blender-grade pentane into PCG pursuant to the requirements of 

§80.85 may meet the sampling and testing requirements by using sulfur test results of the 
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pentane supplier pursuant to the requirements §80.85, provided that the following 

requirements are also met:

(1) The sulfur content and volume of each batch of gasoline produced is that of the blendergrade pentane the refiner blends into gasoline for purposes of calculating compliance 

with the standards in §§80.195 and 80.216.

(2) If any of the requirements of this section are not met, in whole or in part, for any pentane 

blended into gasoline, that pentane is deemed in violation of the gasoline sulfur standards 

in §80.195, §80.216, §80.85, or §80.86 as applicable.

29. Section 80.370 is amended by:

a. Revising paragraph (a)(7)(iv).

b. Revising paragraph (d)(2).

c. Adding paragraph (e).

d. Revising paragraph (f).

§80.370 What are the sulfur reporting requirements?

* * * * *

(a) * * *

(7) * * *

(iv) The sulfur content of the batch, along with identification of the test method used to 

measure the sulfur content of the batch, as determined under §80.330; and

* * * * *

(d) * * *

(2) Submitted to EPA by March 31 for the prior calendar year averaging period.

* * * * *

(e) [Reserved]

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

§80.415 shall be submitted to the Administrator by June 1 of each year for the prior 

calendar year averaging period.

30. Section 80.385 is amended by revising paragraph (e) to read as follows:

§80.385 What acts are prohibited under the gasoline sulfur program?

* * * * *

(e) Denatured fuel ethanol violation.

(1) Through December 31, 2016, blend into gasoline any denatured fuel ethanol with a sulfur 

content higher than 30 ppm.

(2) Beginning January 1, 2017 and thereafter, blend into gasoline any denatured fuel ethanol 

with a sulfur content higher than 10 ppm.

* * * * *
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Subpart I—[Amended]

31. Section 80.511 is amended by revising paragraphs (b)(4) and (b)(10) to read as follows:

§80.511 What are the per-gallon and marker requirements that apply to NRLM 

diesel fuel, ECA marine fuel, and heating oil downstream of the refiner or 

importer?

* * * * *

(b) * * *

(4) Except as provided in paragraphs (b)(5) through (8) of this section, the per-gallon sulfur 

standard of §80.510(c) shall apply to all NRLM diesel fuel beginning August 1, 2014 for 

all downstream locations other than retail outlets or wholesale purchaser-consumer 

facilities, shall apply to all NRLM diesel fuel beginning October 1, 2014 for retail outlets 

and wholesale purchaser-consumer facilities, and shall apply to all NRLM diesel fuel 

beginning December 1, 2014 for all locations. This paragraph (b)(4) does not apply to 

LM diesel fuel produced from transmix or interface fuel that is sold or intended for sale 

in areas other than those listed in §80.510(g)(1) or (g)(2), as provided by §80.513(f).

* * * * *

(10) For the purposes of this subpart, on any occasion where a distributor directly dispenses 

fuel into vehicles or equipment from a mobile facility such as a tanker truck, the 

distributor shall be treated as a retailer, and the mobile facility shall be treated as a retail 

outlet.

32. Section 80.572 is amended by revising paragraph (a) to read as follows:

§80.572 What labeling requirements apply to retailers and wholesale purchaserconsumers of Motor Vehicle, NR, LM and NRLM diesel fuel and heating oil 

beginning June 1, 2010?

* * * * *

(a) From June 1, 2010 through November 30, 2014, any retailer or wholesale purchaserconsumer who sells, dispenses, or offers for sale or dispensing, motor vehicle diesel fuel 

subject to the 15 ppm sulfur standard of §80.520(a)(1), must affix the following 

conspicuous and legible label, in block letters of no less than 24-point bold type, and 

printed in a color contrasting with the background, to each pump stand:

ULTRA-LOW SULFUR HIGHWAY DIESEL FUEL (15 ppm Sulfur Maximum)

Required for use in all highway diesel vehicles and engines.

Recommended for use in all diesel vehicles and engines.

* * * * *

33. Section 80.573 is amended by revising paragraph (a) to read as follows:
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§80.573 What labeling requirements apply to retailers and wholesale purchaserconsumers of NRLM diesel fuel and heating oil beginning June 1, 2012?

* * * * *

(a) From June 1, 2012 through September 30, 2014, for pumps dispensing NRLM diesel fuel 

subject to the 15 ppm sulfur standard of §80.510(c):

ULTRA-LOW SULFUR NON-HIGHWAY DIESEL FUEL (15 ppm Sulfur Maximum)

Required for use in all model year 2011 and later nonroad diesel engines.

Recommended for use in all other non-highway diesel engines.

WARNING

Federal law prohibits use in highway vehicles or engines.

* * * * *

34. Section 80.574 is revised to read as follows:

§80.574 What labeling requirements apply to retailers and wholesale purchaserconsumers of ECA marine fuel beginning June 1, 2014?

(a) Any retailer or wholesale purchaser-consumer who sells, dispenses, or offers for sale or 

dispensing ECA marine fuel must prominently and conspicuously display in the 

immediate area of each pump stand from which ECA marine fuel is offered for sale or 

dispensing, one of the following legible labels, as applicable, in block letters of no less 

than 24-point bold type, printed in a color contrasting with the background: 

(1) From June 1, 2014 and beyond, for pumps dispensing ECA marine fuel subject to the 

1,000 ppm sulfur standard of §80.510(k):

1,000 ppm SULFUR ECA MARINE FUEL (1,000 ppm Sulfur Maximum).

For use in Category 3 (C3) marine vessels only.

WARNING

Federal law prohibits use in any engine that is not installed on a C3 marine vessel; use of fuel oil 

with a sulfur content greater than 1,000 ppm in an ECA is prohibited except as allowed 

by 40 CFR part 1043.

(2) The labels required by paragraph (a)(1) of this section must be placed on the vertical 

surface of each pump housing and on each side that has gallon and price meters. The 

labels shall be on the upper two-thirds of the pump, in a location where they are clearly 

visible.

(b) Alternative labels to those specified in paragraph (a) of this section may be used as 

approved by EPA.

(1) For US Mail: U.S. EPA, Attn: Diesel Sulfur Alternative Label Request, 6406J, 1200 

Pennsylvania Avenue, NW, Washington, DC 20460.

(2) [Reserved]
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35. Section 80.580 is amended by revising paragraph (e) to read as follows:

§80.580 What are the sampling and testing methods for sulfur?

* * * * *

(e) Materials incorporated by reference. The published materials identified in this section 

are incorporated by reference into this section with the approval of the Director of the 

Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other 

than that specified in this section, a document must be published in the Federal Register

and the material must be available to the public. All approved materials are available for 

inspection at the Air and Radiation Docket and Information Center (Air Docket) in the 

EPA Docket Center (EPA/ DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave. 

NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 

a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone 

number of the EPA/DC Public Reading Room is (202) 566–1744, and the telephone 

number for the Air Docket is (202) 566–1742. These approved materials are also 

available for inspection at the National Archives and Records Administration (NARA). 

For information on the availability of this material at NARA, call (202) 741–6030 or go 

to http:// www.archives.gov/federal_register/ code_of_federal_regulations/ 

ibr_locations.html. In addition, these materials are available from the sources listed 

below.

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

International, 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428-

2959, (877) 909–ASTM, or http://www.astm.org:

(i) ASTM D2622-10, Standard Test Method for Sulfur in Petroleum Products by 

Wavelength Dispersive X-ray Fluorescence Spectrometry, approved February 15, 2010.

(ii) ASTM D4294-10, Standard Test Method for Sulfur in Petroleum and Petroleum Products 

by Energy Dispersive X-ray Fluorescence Spectrometry, approved February 15, 2010.

(iii) ASTM D5453-12, Standard Test Method for Determination of Total Sulfur in Light 

Hydrocarbons, Spark Ignition Engine Fuel, Diesel Engine Fuel, and Engine Oil by

Ultraviolet Fluorescence, approved November 1, 2012.

(iv) ASTM D6920-13, Standard Test Method for Total Sulfur in Naphthas, Distillates, 

Reformulated Gasolines, Diesels, Biodiesels, and Motor Fuels by Oxidative Combustion 

and Electrochemical Detection, approved September 15, 2013.

(2) [Reserved]

36. Section 80.585 is amended by revising paragraph (d)(4) to read as follows:

§80.585 What is the process for approval of a test method for determining the sulfur 

content of diesel or ECA marine fuel?

* * * * *

(d) * * *

(4) The approval of any test method under paragraph (b) of this section shall be valid for five

years from the date of approval by the Administrator. After the five year period has 
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ceased, in order for the test method approval to remain valid, the test method must be 

resubmitted for approval with applicable precision and accuracy information contained in 

§80.584(a) and (b). If, however, the test method is later approved by a voluntary 

consensus-based standards body, the approval shall remain valid as long as the conditions 

of paragraph (a) of this section are met.

* * * * *

37. Section 80.604 is amended by revising paragraphs (f)(3) and (4) to read as follows:

§80.604 What are the annual reporting requirements for refiners and importers of 

NRLM diesel fuel?

* * * * *

(f) * * *

(3) Except for small refiners subject to §80.554(d), submitted to EPA by September 1 each 

year for the prior annual compliance period. Small refiners subject to the provisions of 

§80.554(d), reports must be submitted by September 1 for the previous reporting period.

(4) With the exception of reports required under paragraph (b)(3) of this section, no reports 

will be required under this section after September 1, 2014.

Subpart L--[Amended]

38. Section 80.1235 is amended by revising paragraphs (a)(6) and (b)(2) to read as follows:

§80.1235 What gasoline is subject to the benzene requirements of this subpart?

(a) * * *

(6) Blendstock that is combined with PCG to produce gasoline must be sampled and tested in 

accordance with the provisions at §80.1347(a)(5) or (6).

(b) * * *

(2) Oxygenate added to PCG downstream of the refinery that produced the PCG, or 

downstream of the import facility where the PCG was imported, shall not be included in a 

refiner’s or importer’s compliance calculations unless the refiner or importer that 

produced or imported the PCG complies with the requirements of §80.1238(b). On any 

occasion where any person downstream of the refinery or importer that produced or 

imported PCG adds oxygenate to such product, it shall not include the volume and 

benzene content of the oxygenate in any compliance calculations or for credit generation 

under this subpart.

* * * * *

39. Section 80.1238 is amended by revising paragraph (b)(1) to read as follows:
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§80.1238 How is a refinery’s or importer’s average benzene concentration determined?

* * * * *

(b) * * *

(1) For oxygenate added to conventional gasoline or CBOB, the refiner or importer must 

comply with the requirements of §80.101(d)(4)(ii). The benzene content of theoxygenate

must be determined using the applicable test method at §80.46 through December 31, 

2015, and at §80.47 beginning January 1, 2016. 

* * * * *

40. Section 80.1347 is amended as follows: 

a. By revising paragraphs (a)(3)(i) and (a)(5).

b. By adding a new paragraph (a)(6).

§80.1347 What are the sampling and testing requirements for refiners and importers?

(a) * * *

(3)(i) Each sample shall be tested in accordance with the methodology specified at §80.46(e) 

through December 31, 2015, to determine its benzene concentration for compliance with 

the requirements of this subpart. Beginning January 1, 2016, each sample shall be tested 

in accordance with the methodology specified at §80.47 to determine its benzene 

concentration for compliance with the requirements of this subpart. Any negative test 

result must be reported as zero.

* * * * *

(5) Exclusion of previously certified gasoline (PCG).

(i) Any refiner who uses PCG to produce gasoline at a refinery, must exclude the PCG for 

purposes of demonstrating compliance with the benzene standards at §80.1230.

(ii) To accomplish the exclusion required in paragraph (a)(5)(i) of this section, the refiner 

must determine the volume and benzene content of the PCG used at the refinery and the 

volume and benzene content of gasoline produced at the refinery, and use the compliance 

calculation procedures in paragraphs (a)(5)(iii) and (iv) of this section.

(iii) For each batch of PCG that is used to produce gasoline the refiner must include the 

volume and benzene content of the PCG as a negative volume and a positive benzene 

content in the refiner’s compliance calculations in accordance with the requirements at 

§80.1238.

(iv) For each batch of gasoline produced at the refinery using PCG and blendstock, the refiner 

must determine the volume and benzene content of the combined product and include 

each batch for purposes of benzene compliance in the refinery’s compliance calculations 

at §80.1240 without regard to the presence of previously certified gasoline in the batch.

(v) The refiner must use any PCG that it includes as a negative batch in its compliance 

calculations pursuant to §80.1240 as a component in gasoline production during the 

annual averaging period in which the PCG was included as a negative batch in the 

refiner’s compliance calculations.

(vi) Any negative annual average value must be reported as zero.
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(vii) The refiner must also comply with §80.65(i) when producing RBOB or RFG and 

§80.101(g)(9) when producing conventional gasoline.

(6) As an alternative to the sampling and testing requirements in paragraph (a)(5) of this 

section, a refiner who produces gasoline by blending one or more blendstocks into PCG 

may sample and test each batch of blendstock when received at the refinery to determine 

the volume and benzene content, and treat each blendstock receipt as a separate batch for 

purposes of demonstrating compliance with the benzene standards in §80.1230, and for 

benzene reporting.

* * * * *

41. Section 80.1348 is revised to read as follows: 

§80.1348 What gasoline sample retention requirements apply to refiners and importers?

(a) Through December 31, 2015, the gasoline sample retention requirements specified in 

subpart H of this part for the gasoline sulfur provisions apply for the purpose of 

complying with the requirements of this subpart L, except that in addition to including 

the sulfur test result as provided by §80.335(a)(4)(ii), the refiner, importer, or 

independent laboratory shall also include with the retained sample the test result for 

benzene as conducted pursuant to §80.46(e).

(b) Beginning January 1, 2016, pursuant to §80.47, the gasoline sample retention 

requirements specified in subpart O of this part for the gasoline sulfur provisions apply

for the purpose of complying with the requirements of this subpart L, except that in 

addition to including the sulfur test result as provided by §80.335(a)(4)(ii), the refiner, 

importer, or independent laboratory shall also include with the retained sample the test 

result for benzene as conducted pursuant to §80.47.

42. A new §80.1349 is added to subpart L to read as follows:

§80.1349 Alternative sampling and testing requirements for importers who import gasoline 

into the United States by truck.

Importers who import conventional gasoline into the United States by truck may comply with the 

sampling and testing requirements in §80.101(i)(3) instead of the requirements to sample and test 

every batch of gasoline under §80.1347. An importer that uses this approach must meet the 0.62 

volume percent benzene standard on a per-gallon basis. 

43. Section 80.1354 is amended by:

a. Revising paragraph (b)(2).

b. Revising paragraph (d)(2).

§80.1354 What are the reporting requirements for the gasoline benzene program?
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* * * * *

(b) * * *

(2)(i) The annual average benzene concentration, per §80.1238, along with identification of the 

test method(s) used to measure the annual average benzene concentration.

(ii) The maximum average benzene concentration, per §80.1240(b), along with identification 

of the test method(s) used to measure the maximum average benzene concentration.

* * * * *

(d) * * *

(2) Submitted to EPA by March 31 each year for the prior calendar year averaging period.

* * * * *

Subpart M--[Amended] 

44. Section 80.1407 is amended by revising paragraph (c)(5) to read as follows:

§80.1407 How are the Renewable Volume Obligations calculated?

* * * * *

(c) * * *

(5) Blendstock (including butane, pentane, and gasoline treated as blendstock (GTAB)) that 

has been combined with other blendstock and/or finished gasoline to produce gasoline.

* * * * *

45. Section 80.1451 is amended by:

a. Revising paragraph (a)(1) introductory text.

b. Revising paragraph (f)(2).

§80.1451 What are the reporting requirements under the RFS program?

(a) * * *

(1) Annual compliance reports for the previous compliance period shall be submitted by

March 31 of each year, except as provided in paragraph (a)(1)(xiv) of this section, and 

shall include all of the following information:

* * * * * 

(f) * * *

(2) Quarterly reports shall be submitted by the required deadline as shown in Table 1 to 

§80.1451. Any reports generated by EMTS must be reviewed, supplemented, and/or 

corrected if not complete and accurate, and verified by the owner or responsible corporate 

officer prior to submittal.
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Table 1 to §80.1451: Quarterly Reporting Deadlines

Calendar Quarter Time Period Covered Quarterly Report Deadline

Quarter 1 January 1 - March 31 June 1

Quarter 2 April 1 – June 30 September 1

Quarter 3 July 1 – September 30 December 1

Quarter 4 October 1 – December 31 March 31

* * * * * 

46. Section 80.1464 is amended by revising paragraph (d) to read as follows:

§80.1464 What are the attest engagement requirements under the RFS program?

* * * * *

(d) For each compliance year, each party subject to the attest engagement requirements under 

this section shall cause the reports required under this section to be submitted to EPA by

June 1 of the year following the compliance year, except as provided in paragraph (g) of 

this section.

* * * * *

47. A new subpart O is added to part 80 to read as follows:

Subpart O—Gasoline Sulfur

Sec.

80.1600 Additional definitions for subpart O.

80.1601 Fuels subject to the provisions of this subpart.

80.1602 Applicability.

80.1603 Gasoline sulfur standards for refiners and importers.

80.1604 Gasoline sulfur standards and requirements for parties downstream of refiners and 

importers.

80.1605 Deficit carryforward for refiners and importers.

80.1606 [Reserved]

80.1607 Gasoline sulfur standards and requirements for transmix processors and transmix 

blenders.

80.1608 [Reserved]

80.1609 Oxygenate blender requirements.

80.1610 Standards and requirements for producers and importers of denatured fuel ethanol

and other oxygenates designated for use in transportation fuel.

80.1611 Standards and requirements for certified ethanol denaturant. 

80.1612 [Reserved]
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80.1613 Standards and other requirements for gasoline additive manufacturers and 

blenders.

80.1614 [Reserved]

80.1615 Credit generation.

80.1616 Credit use and transfer.

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 for refiners and importers.

80.1631 Gasoline, RBOB, and CBOB sample retention requirements.

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 Sampling and testing requirements for producers and importers of denatured fuel 

ethanol and other oxygenates for use by oxygenate blenders.

80.1643 Sample retention requirements for producers and importers of denatured fuel 

ethanol.

80.1644 Sampling and testing requirements for producers and importers of ethanol 

denaturant designated as suitable for the manufacture of denatured fuel ethanol 

meeting federal quality requirements.

80.1645 Sample retention requirements for producers and importers of denaturant 

designated as suitable for the manufacture of denatured fuel ethanol meeting 

federal quality requirements.

80.1646—80.1649 [Reserved]

80.1650 Registration.

80.1651 Product transfer document requirements.

80.1652 Reporting requirements for gasoline refiners, gasoline importers, oxygenate 

producers, and oxygenate importers.

80.1653 Recordkeeping.

80.1654 California gasoline requirements.

80.1655 National security exemption.

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 Evidence that 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]
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80.1665 Penalties.

80.1666 Additional requirements for foreign small refiners and foreign small volume 

refineries.

80.1667 Attest engagement requirements.

Subpart O—Gasoline Sulfur

§80.1600 Additional definitions for subpart O.

The definitions of §80.2 and the following additional definitions apply to this subpart O:

California gasoline means any gasoline designated by a refiner or importer for use in California.

Certified ethanol denaturant means ethanol denaturant that meets the requirements of §80.1611.

Certified Sulfur-FRGAS has the meaning given in §80.1666(a)(5).

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 produced or imported for use in motor 

gasoline, and that meets the requirements of §80.1610.

Ethanol denaturant means previously certified gasoline (including previously certified 

blendstocks for oxygenate blending), gasoline blendstocks, or natural gasoline liquids that are 

added to neat (un-denatured) ethanol to make it unfit for human consumption in accordance with 

the requirements of the Alcohol and Tobacco Tax and Trade Bureau of the United States 

Treasury Department.

Foreign refiner is a person who meets the definition of refiner under §80.2(i) for a foreign 

refinery.

Foreign refinery means a refinery that is located outside the United States, the Commonwealth of 

Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the 

Northern Mariana Islands (collectively referred to in this subpart as “the United States”).

Non-Certified Sulfur-FRGAS has the meaning given in §80.1666(a)(6).

Non-Sulfur-FRGAS has the meaning given in §80.1666(a)(4).

Sulfur-FRGAS has the meaning given in §80.1666(a)(3).

Transmix has the meaning given at §80.84(a)(2).

Transmix blender has the meaning given at §80.84(a)(7).

Transmix gasoline product (TGP) has the meaning given at §80.84(a)(3).
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Transmix processing facility has the meaning given at §80.84(a)(4).

Transmix processor has the meaning given at §80.84(a)(5).

§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 () blended with PCG, as defined in §80.2(d). (3) Oxygenates blended 

with gasoline, RBOB, or CBOB. 

(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;

(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).

§80.1602 Applicability.

(a) The provisions of this subpart O shall apply beginning January 1, 2017, unless otherwise

provided. 

(b) The standards and requirements for gasoline sulfur under subpart H of this part shall 

continue to apply until the gasoline produced or imported by any refiner or importer is 

required to comply with the standards and requirements under this subpart O.

§80.1603 Gasoline sulfur standards for refiners and importers.
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(a) Sulfur standards. (1) Annual average standard. (i) The refinery or importer annual 

average gasoline sulfur standard is 10.00 parts per million (ppm) or milligrams per 

kilogram (mg/kg), except as provided in paragraph (a)(1)(iii) of this section.

(ii) The averaging period is a calendar year (January 1 through December 31).

(iii) The refinery or importer annual average gasoline sulfur standard is the maximum average 

sulfur level allowed for gasoline produced at a refinery or imported by an importer during 

each calendar year beginning January 1, 2017, except as provided by the following:

(A) The credit use provisions of §80.1616.

(B) Beginning January 1, 2020, for small refiners and small volume refineries approved 

pursuant to the provisions of §80.1622. Small refiners and small volume refineries will 

continue to be subject to the provisions of subpart H of this part through December 31, 

2019 (or until compliance with this subpart O begins).

(C) Fuels not subject to the standards and requirements of this subpart O as specified in 

§80.1601(b).

(iv) The annual average sulfur level is calculated in accordance with paragraph (c) of this 

section.

(2) Per-gallon cap standard. (i) The refinery or importer per-gallon cap standard is 80 ppm, 

on a per-gallon basis except as otherwise provided by this section.

(ii) The per-gallon cap of paragraph (a)(2)(i) of this section is the maximum sulfur level 

allowed for any batch of gasoline produced at a refinery or imported by an importer 

beginning January 1, 2017, except for fuels not subject to the standards and requirements 

of this subpart O as specified in §80.1601(b).

(3) Use of Credits. The refinery or importer annual average gasoline sulfur standard may be 

met using credits as provided under §80.1616. Credits cannot be used to meet the 

applicable per-gallon standard.

(b) [Reserved]

(c) Calculation of the annual average sulfur level. (1) The annual refinery or importer 

average gasoline sulfur level is calculated as follows:

Where:

Sa = The refinery or importer annual average sulfur level, in ppm (mg/kg).

Vi = The volume of gasoline produced or imported in batch i, in gallons.

Si = The sulfur content of batch i determined under §80.1630, in ppm (mg/kg).

n = The number of batches of gasoline produced or imported during the averaging period.

i = Individual batch of gasoline produced or imported during the averaging period.

(2) The annual average sulfur level calculation in paragraph (c)(1) of this section shall be 

conducted to two decimal places using the rounding procedure specified in §80.9.
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(d) Oxygenate added downstream from the refinery or import facility. A refiner or importer 

may include oxygenate added downstream from the refinery or import facility when 

calculating the sulfur content of a batch, provided that the requirements in this paragraph 

are met.

(1) For oxygenate added to reformulated gasoline, RBOB, conventional gasoline, or CBOB, 

the refiner or importer shall calculate the sulfur content of the batch by volume weighting 

the sulfur content of the conventional gasoline or CBOB and the sulfur content of the 

added oxygenate pursuant to the requirements of this paragraph (d).

(i) The sulfur content of any reformulated gasoline, RBOB, conventional gasoline, or CBOB 

shall be determined by sampling and testing each batch pursuant to §80.46 or §80.47 as 

applicable.

(ii) For each complete annual compliance period, the sulfur content of all of the oxygenate 

added downstream of the refinery or import facility shall be determined by the method 

specified in either paragraph (d)(1)(ii)(A) or (d)(1)(ii)(B) of this section.

(A) Testing the sulfur content of a sample of the oxygenate pursuant to §80.46 or §80.47, as 

applicable. The refiner or importer must demonstrate through records relating to 

sampling, testing, and blending that the test result was derived from a representative 

sample of the oxygenate that was blended with the batch of gasoline or BOB.

(B) If the oxygenate is denatured fuel ethanol, the sulfur content may be assumed to be 5.00 

ppm.

(iii) For denatured fuel ethanol, the refiner or importer may assume that the denatured fuel 

ethanol was blended with gasoline or BOB at a concentration of 10 volume percent, 

unless the refiner or importer can demonstrate that a different amount of denatured fuel 

ethanol was actually blended with a batch of gasoline or BOB.

(iv) The refiner or importer of conventional gasoline or CBOB must comply with the 

requirements of §80.101(d)(4)(ii).

(v) The refiner or importer of reformulated gasoline or RBOB must comply with the 

requirements of §80.69(a).

(vi) Any reformulated gasoline, RBOB, conventional gasoline, or CBOB must meet the pergallon sulfur standard of paragraph (a)(2) of this section prior to calculating any dilution 

from the oxygenate added downstream.

(vii) The reported volume of the batch is the combined volume of the reformulated gasoline, 

RBOB, conventional gasoline, or CBOB and the downstream added oxygenate.

(2) The refiner or importer who first certifies the gasoline, CBOB, or RBOB is the only

person who may account for the downstream addition of oxygenate pursuant to the 

requirements of paragraph (d) of this section. On any occasion where any person 

downstream of the refinery or importer that produced or imported previously certified 

gasoline, CBOB or RBOB adds oxygenate to such product, it shall not include the 

volume and sulfur content of the oxygenate in any compliance calculations or for credit 

generation under this subpart O.

(e) Exclusions. Refiners and importers must exclude from compliance calculations all of the 

following:

(1) Gasoline that was not produced at the refinery or imported by the importer.

(2) In the case of an importer, gasoline that was imported as Certified Sulfur-FRGAS.

(3) Blendstocks transferred to others, except RBOB and CBOB as provided in this subpart O.
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(4) Previously certified gasoline (PCG).

(5) Gasoline exempted from standards under §80.1601(b).

(f) Compliance calculation for the annual average sulfur standard. (1) Compliance by a 

refinery or importer with the gasoline sulfur annual average standard at paragraph (a)(1) 

of this section is achieved if, for calendar year y, the compliance sulfur value is less than 

or equal to 10 times the total gasoline volume produced or imported, as determined by the 

following equation:

CSVy = (Vy x Sa) + D(y-1) – OC

Where:

CSVy = Compliance sulfur value for year y, in ppm-gallons.

Vy = Total gasoline volume produced or imported in year y, in gallons.

Sa = Annual average sulfur level calculated in accordance with paragraph (c) of this 

section, in ppm (mg/kg).

D(y-1) = Sulfur deficit from the previous reporting period, per §80.1605, in ppm-gallons.

OC = Sulfur credits obtained by the refinery or importer, in ppm-gallons.

(2) Sulfur credits used in the calculation specified in paragraph (f)(1) of this section must be 

used in accordance with the requirements at §80.1616.

(3) Compliance with the gasoline sulfur annual average standard at paragraph (a)(1) of this 

section is not achieved, and a deficit is created per §80.1605, if for calendar year y, the 

compliance sulfur value is greater than 10 times the total gasoline volume produced or 

imported. The deficit value to be included in the following year's compliance calculation 

per paragraph (f) of this section is calculated as follows:

Dy = CSVy – (Vy x 10y)

Where:

Dy = Sulfur deficit created in compliance period y, in ppm-gallons.

§80.1604 Gasoline sulfur standards and requirements for parties downstream of refiners 

and importers.

(a) The sulfur standard for gasoline at any downstream location shall be determined in 

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

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

downstream location shall not exceed 95 ppm, on a per-gallon basis, beginning January 1, 

2017.

§80.1605 Deficit carryforward for refiners and importers.

(a) Deficit carryforward. (1) A refiner or importer may exceed the annual average sulfur 

standard for a given calendar year, creating a compliance deficit, provided that the 

requirements of paragraph (a)(2) of this section are met.

(2) When a compliance deficit is created per paragraph (a)(1) of this section, in the calendar 

year following the year the standard is not met, the refinery or importer must:

(i) Achieve compliance with the annual average sulfur standard in §80.1603(a)(1); and

(ii) Use additional sulfur credits sufficient to offset the compliance deficit of the previous 

year.

(b) The compliance deficit value shall be calculated in accordance with §80.1603(f)(3).

§80.1606 [Reserved] 

§80.1607 Gasoline sulfur standards and requirements for transmix processors and 

transmix blenders.

Transmix processors and transmix blenders may comply with the following sampling and testing 

requirements and standards instead of the sampling and testing requirements and standards 

otherwise applicable to a refiner under this subpart O.

(a) Any transmix processor who recovers transmix gasoline product (TGP) from transmix 

through transmix processing under §80.84(c) must show through sampling and testing 

(using the methods in §80.1630) that the TGP meets the applicable sulfur standards under 

§80.1604(b), prior to the TGP leaving the transmix processing facility.

(b) The sampling and testing required under paragraph (a) of this section shall be conducted 

following each occasion TGP is produced.

(c) Any transmix processor who produces gasoline by adding blendstock to TGP must, for 

such blendstock, comply with all requirements and standards that apply to a refiner under 

this subpart O, and must meet the downstream sulfur standards under §80.1604 for the 

gasoline produced by blending blendstock and TGP, prior to the gasoline leaving the 

transmix processing facility.

(d) Any transmix processor who produces gasoline by blending blendstock into TGP must 

meet the sampling and testing requirements of this subpart O through either of the 
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methods provided in paragraph (d)(1) of this section or through the alternative method 

provided in paragraph (d)(2) of this section.

(1)(i) Sample and test the blendstock that will be added to TGP during the compliance year

when received at the transmix processing facility, using the methods specified in 

§80.1630, to determine the volume and sulfur content, and treat each volume of 

blendstock that is blended into a volume of TGP as a separate batch for purposes of 

calculating and reporting compliance with the applicable annual average and per-gallon 

cap sulfur standards in §80.1603.

(ii) Use sulfur test results of the blendstock supplier provided that all the following 

requirements are met:

(A) Sampling and testing by the blendstock supplier is performed using the methods specified 

in §80.1630.

(B) Testing for the sulfur content of the blendstock in the supplier’s storage tank must be 

conducted following the last receipt of blendstock into the supplier's storage tank that 

supplies the transmix processor.

(C) The transmix processor must obtain a copy of the blendstock supplier’s test results, 

reflecting the sulfur content of each load of blendstock supplied to the transmix 

processor, at the time of each transfer of blendstock to the transmix processor.

(D) The transmix processor must conduct a quality assurance program of sampling and 

testing for each blendstock supplier. The frequency of blendstock sampling and testing 

must be one sample for every 500,000 gallons of blendstock received or one sample 

every 3 months, whichever results in more frequent sampling.

(iii) If any of the requirements of paragraph (d)(1)(ii) of this section are not met, in whole or 

in part, for any blendstock blended into TGP, the gasoline produced with that blendstock 

is deemed in violation of the gasoline sulfur standards of this subpart O.

(2) As an alternative to the sampling and testing procedures described in paragraph (d)(1) of 

this section, the following procedures may be used: 

(i) Sample and test each batch of TGP and determine the volume of the TGP.

(ii) Sample and test the gasoline produced by blending blendstock into TGP, and determine 

its volume.

(iii) Calculate the sulfur content and the volume of the batch by subtracting the volume and 

sulfur content of the TGP from the volume and sulfur content of the gasoline after 

blendstock blending. For purposes of compliance and reporting, the sulfur content shall 

be the calculated volume and sulfur content of the blendstock, and the applicable 

standards shall be the average and cap standards in §80.1603. The applicable cap 

standard of the gasoline blend shall be the cap standard under §80.1604.

(iv) Tests shall be performed using the methods specified in §80.1630, to determine the sulfur 

content of the batch. 

(v) The sulfur content of each batch of gasoline produced by blending blendstock into TGP 

must be no greater than the downstream sulfur standard under §80.1604 applicable to the 

designation of the TGP.

(e) Any transmix blender who produces gasoline by blending transmix, or mixtures of 

gasoline and distillate fuel described in §80.84(e), into previously certified gasoline under 

§80.84(d) must meet the applicable downstream sulfur standards under §80.1604 for the 
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gasoline produced by blending transmix and previously certified gasoline and the 

endpoint standard specified in §80.84.

(f) Any transmix processor or transmix blender who adds any feedstock to its transmix other 

than gasoline, distillate fuel, or gasoline blendstocks from pipeline interface must meet all 

requirements and standards that apply to a refiner under this subpart O for all gasoline it 

produces during a compliance period.

§80.1608 [Reserved]

§80.1609 Oxygenate blender requirements. 

(a) Oxygenate blenders who blend only oxygenate that complies with the requirements of 

paragraph (b) of this section into gasoline downstream of the refinery that produced the 

gasoline or the import facility where the gasoline was imported are not subject to the 

refiner or importer requirements of this subpart for such gasoline, but are subject to the 

requirements and prohibitions applicable to downstream parties in this subpart. Such 

oxygenate blenders are subject to the requirements of paragraph (b) of this section, the 

requirements and prohibitions applicable to downstream parties, the requirements of 

§80.1603(d)(4), and the prohibition specified in §80.1660(e).

(b) Beginning January 1, 2017, the DFE or other oxygenate used must comply with the 

requirements of §80.1610 and all of the other requirements of Subart O. Prior to January

1, 2017, DFE is subject to the sulfur requirements of §80.385(e). 

§80.1610 Standards and requirements for producers and importers of denatured fuel 

ethanol and other oxygenates designated for use in transportation fuel.

Beginning January 1, 2017, producers and importers of denatured fuel ethanol (DFE) or other 

oxygenates designated for use in transportation fuel must comply with the following 

requirements:

(a) Standards. (1) The sulfur content must not be greater than 10 ppm.

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

oxygen and sulfur.

(3) In the case of DFE, only previously certified gasoline (including previously certified 

blendstocks for oxygenate blending), gasoline blendstocks, or natural gas liquids may be 

used as denaturants. 

(4) The concentration of all denaturants used in DFE is limited to a maximum of 3.0 volume 

percent.

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

oxygenate must register with EPA pursuant to the requirements of §80.1650. 
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(c) PTDs. In addition to any other product transfer document requirements under this part, 

on each occasion when any person transfers custody or title to any oxygenate upstream of 

any oxygenate blending facility, the transferor shall provide to the transferee product 

transfer documents which include the following information:

(1) For DFE, “Denatured fuel ethanol, maximum 10 ppm sulfur.”; or

(2) For oxygenates other than DFE, The name of the specific oxygenate must be identified 

on the PTD, followed by “maximum 10 ppm sulfur”.

(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. 

(4) Alternative PTD language to that specified in paragraphs (c)(1) and (c)(2) of this section 

may be used as approved by EPA.

(d) Batch numbers. 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, 4321–54321–95–

000002, etc.). An alternative batch numbering protocol may be used as approved by the 

Administrator. 

(e) Annual Reports. Submit annual reports to EPA pursuant to the requirements of 

§80.1652.

§80.1611 Standards and requirements for certified ethanol denaturant.

Producers and importers of ethanol denaturant that is suitable for the manufacture of denatured 

fuel ethanol (DFE) meeting federal quality requirements may designate the denaturant as 

certified ethanol denaturant if the following requirements are met.

(a) Standards. (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 sulfur content of less than 330 ppm in the 

PTD, then the actual sulfur content must be no greater than the stated value as determined 

in accordance with the requirements of §80.1644. 

(2) The ethanol denaturant must be composed solely of carbon, hydrogen, nitrogen, oxygen 

and sulfur.

(3) Only previously certified gasoline (including previously certified blendstocks for 

oxygenate blending), gasoline blendstocks, or natural gas liquids may be used as 

denaturants.

(b) Registration. Unless registered under §80.76, §80.103, or §80.1450, the producer or 

importer of ethanol denaturant must register with EPA pursuant to the requirements of 

§80.1650.
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(c) PTDs. In addition to any other product transfer document requirements under this part 

80, on each occasion when any person transfers custody or title to any ethanol denaturant 

designated as suitable for the production of DFE meeting federal quality requirements 

upstream of a DFE production or import facility, the transferor shall provide to the 

transferee product transfer documents which include all the following information. 

(1) The following statement: “Certified Ethanol Denaturant suitable for use in the 

manufacture of denatured fuel ethanol meeting EPA standards.”.

(2) If the certified ethanol denaturant manufacturer represents that a batch of ethanol 

denaturant has sulfur content less than 330 ppm, then either the actual sulfur content of 

the denaturant must be clearly stated on the PTD, or the PTD must state the sulfur content 

is 330 ppm or less.

(3) Alternative PTD language to that specified in paragraph (c)(1) of this section may be 

used as approved by EPA.

(d) Batch numbers. Every batch of certified ethanol denaturant produced or imported at 

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

consisting of the EPA-assigned ethanol denaturant producer or importer registration 

number, the EPA facility registration number, the last two digits of the year in which the 

batch was produced, and a unique number for the batch, beginning with the number one 

for the first batch produced or imported each calendar year and each subsequent batch 

during the calendar year being assigned the next sequential number (e.g. 4321–54321–

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

§80.1612 [Reserved]

§80.1613 Standards and other requirements for gasoline additive manufacturers and 

blenders.

Gasoline additive manufacturers and blenders must meet the following requirements:

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

additives with a maximum allowed treatment rate of 1.0 volume percent or less must 

meet all the following requirements:

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

content of gasoline when used at the maximum recommended treatment rate.

(2) 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 to EPA upon request.

(3) 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 be less than 1.0% by volume.
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(b) Any person who blends an additive that meets the requirements of paragraph (a) in this 

section into PCG is not subject to any requirement of this subpart O, except the 

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

all the following conditions are met:

(1) The person blends the additive to PCG at a concentration of less than 1.0% by volume.

(2) The person does not add any other blendstock or additive except for oxygenates meeting 

the requirements of §80.1610 and additives meeting the requirements of this section to 

PCG.

(c) Any person who blends any additive that does not meet the requirements of paragraphs 

(a) and (b) of this section, is subject to all of the requirements of this subpart O, including 

the standards and requirements at §80.1640 that apply to refiners producing gasoline by

blending blendstocks into PCG.

(d) Oxygenates subject to the 10 ppm per-gallon sulfur standard and the requirements of 

§80.1610 are not subject to the provisions of this section. 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).

§80.1614 [Reserved]

§80.1615 Credit generation.

(a) Who may generate credits? Credits may be generated under this subpart O by the 

following entities:

(1) U.S. refiners, including small refiners under §80.1620, refiners owning small volume 

refineries under §80.1621.

(2) Importers.

(3) Credits may not be generated by transmix processors, producers or blenders of ethanol 

and other oxygenates, butane blenders using the flexibilities in §80.82, or pentane 

blenders using the flexibilities in §80.85.

(b) Credit generation from January 1, 2014 through December 31, 2016. Beginning with the 

2014 annual averaging period, the number of credits generated for use in complying with 

the annual average standards of either subpart H of this part or §80.1603(a) shall be 

calculated annually for each applicable averaging period according to the following 

equation (pursuant to §80.310):

CRa = Va × (SCredit − Sa)

Where:

CRa = Credits generated for the averaging period.
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Va = Total annual volume of gasoline produced at a refinery or imported during the 

averaging period.

SCredit =30.00 ppm.

Sa = Actual annual average sulfur level, calculated in accordance with the provisions of 

§80.205, for gasoline produced at a refinery or imported during the averaging period, 

exclusive of any credits. The value of Sa must be less than 30.00.

(c) Credit generation beginning January 1, 2017. Except as provided in paragraph (d) of this 

section, beginning with the 2017 annual averaging period the number of credits generated 

for use in complying with the annual average standards of §80.1603(c)(1) shall be 

calculated annually for each applicable averaging period according to the following 

equation:

CRa = Va × (10 − Sa)

Where:

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

average standards of §80.1603(a).

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

averaging period.

Sa = Actual annual average sulfur level, calculated in accordance with the provisions 

of §80.1603(c)(1), for gasoline produced at a refinery or imported during the 

averaging period, exclusive of any credits. The value of Sa must be less than 

10.00.

(d) Credit generation from January 1, 2017 through December 31, 2019 for small refiners 

and small volume refineries. For approved small refiners and small volume refineries 

only, the number of credits generated from January 1, 2017 through December 31, 2019 

shall be calculated annually for each applicable averaging period as follows:

(1) For annual average sulfur levels (Sa) less than 30.00 ppm but greater than 10.00 ppm, the 

equation specified in paragraph (b) of this section shall be used to calculate credits. 

Pursuant to §80.1616, credits generated under this paragraph (d)(1) many only be used 

for compliance with the annual average standards of subpart H of this part.

(2) If a small refiner or small volume refinery has an annual average sulfur level (Sa) less 

than 10.00 ppm from January 1, 2017 through December 31, 2019, the refiner may

generate credits using the equation in specified in paragraph (c) of this section for use in 

complying with the annual average standards of §80.1603(c)(1) and the following 

equation for complying with the annual average standards of subpart H of this part:

CRT2 = Va × (20.00)

Where:

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

average standards of subpart H of this part only.

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

averaging period.

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

generate CRa = 2 ppm-volume credits (10-8) plus CRT2 = 20 ppm-volume credits (30-

10)).
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(3) Beginning January 1, 2020, small refiners and small volume refineries must follow 

paragraph (c) of this section for calculating credits under this subpart O.

(e) No credits shall be generated:

(1) Under paragraphs (b), (c) and (d) of this section unless the value of CRa is positive.

(2) Under paragraph (d)(2) of this section unless the value of CRT2 is positive.

(f) The values of CRa and CRT2 shall be rounded to the nearest ppm-gallon in accordance 

with the rounding procedure specified in §80.9.

(g) A refiner or importer that includes downstream added oxygenates in its RFG or 

conventional gasoline volume under the provisions of §§80.69 and 80.101(d)(4), 

respectively and §§80.340 and 80.1603(d), shall include the downstream added 

oxygenate for the purpose of generating credits under paragraphs (b) through (d) of this 

section.

§80.1616 Credit use and transfer.

(a) Credit use. (1) Only refiners and importers may generate, use, transfer or own credits 

generated under this subpart O.

(2) CRa credits generated pursuant to subpart H of this part in the 2012 and 2013 averaging 

periods and generated pursuant to §80.1615 may be used by refiners and importers to 

meet the applicable annual average sulfur standards of §80.1603(a)(1).

(3) CRa credits generated under §80.1615 may be used to meet the requirements of either 

subpart H of this part or this subpart O, subject to the credit life restrictions in paragraph 

(b) of this section.

(5) Credits generated under §80.1615(c) may only be used to meet the requirements of this 

subpart O.

(6) CRT2 credits generated under §80.1615(d) may only be used to meet the requirements of 

subpart H of this part.

(b) Credit life. (1) Except as provided in paragraph (b)(2) of this section, credits are valid for 

use for five years from the year in which they are generated.

(2) Credits generated under §80.1615(b) through (d) are valid for use for five years from the 

year in which they are generated, except that any CRa credits generated in 2015 and 2016

and any remaining CRT2 credits will expire and become invalid after March 31, 2020, 

when the 2019 annual compliance report is due.

(3) A refiner or importer possessing credits must use all credits prior to falling into a 

compliance deficit.

(4) In no case may a credit be transferred more than twice before being used or terminated.

(c) Credit transfers. (1) Credits obtained from other refiners or importers may be used to 

meet the annual average standards of this subpart O, if all of the following conditions are 

met:

(i) The credits are generated and reported according to the requirements of this subpart O.
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(ii) The credits are used in compliance with the limitations regarding the appropriate periods 

for credit use pursuant to paragraph (a) of this section.

(iii) Any credit transfer takes place by March 31 following the calendar year averaging period 

when the credits are used.

(iv) The credit has not been transferred between EPA registered companies more than twice. 

The first transfer by the refiner or importer who generated the credit (“transferor”) may

only be made to a refiner or importer who intends to use the credit (“transferee”); if the 

transferee cannot use the credit, it may make the second, and final, transfer only to a 

refiner or importer who intends to use the credit. Credit transfers that occur within a 

company are unlimited.

(v) The credit transferor must apply any credits necessary to meet the transferor’s applicable 

average standard before transferring credits to any other refiner or importer.

(vi) The credit transferor does not create a negative credit balance as a result of the credit 

transfer.

(vii) Each transferor must supply to the transferee records indicating all of the following:

(A) The years the credits were generated.

(B) The identity of the refiner or importer who generated the credits.

(C) The identity of the transferring party (if it is not the same party that generated the 

credits).

(2) In the case of credits that have been calculated or created improperly, or are otherwise 

determined to be invalid, all of the following provisions apply:

(i) Invalid credits cannot be used to achieve compliance with the transferee’s averaging 

standard, regardless of the transferee’s good faith belief that the credits were valid.

(ii) The refiner or importer who used the credits, and any transferor of the credits, must 

adjust their credit records and reports and sulfur calculations as necessary to reflect the 

proper credits.

(iii) Any properly created credits existing in the transferor’s credit balance after correcting the 

credit balance, and after the transferor applies credits as needed to meet the average 

standard at the end of the compliance year, must first be applied to correct the invalid 

transfers before the transferor trades or banks the credits.

(3) CRT2 credits generated under §80.1615(d) from January 1, 2017 through December 31, 

2019 may only be traded to and ultimately used from January 1, 2017 through December 

31 by small refiners and small volume refineries approved under §80.1622.

§80.1620 Small refiner definition.

(a) For the purposes of this subpart O, a gasoline small refiner is defined as any refiner who 

meets all of the following criteria and has been approved by EPA as a small refiner per 

§80.1622:

(1) Produces gasoline at its refineries by processing crude oil through refinery processing 

units.

(2) Employed an average of no more than 1,500 people, based on the average number of 

employees for all pay periods for calendar year 2011 for all subsidiary companies, all 

parent companies, all subsidiaries of the parent companies, and all joint venture partners.
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(3) Had a corporate-average crude oil capacity less than or equal to 155,000 barrels per 

calendar day (bpcd) for 2011.

(b) For the purposes of this section, the term “refiner” shall include foreign refiners.

(c) The number of employees and crude oil capacity under paragraph (a) of this section shall 

be determined as follows:

(1) The refiner shall include the employees and crude oil capacity of any subsidiary 

companies, any parent company and subsidiaries of the parent company in which the 

parent has 50 percent or greater ownership, and any joint venture partners.

(2) For any refiner owned by a governmental entity, the number of employees and total crude 

oil capacity as specified in paragraph (a) of this section shall include all employees and 

crude oil production of the government to which the governmental entity is a part.

(d) Notwithstanding the provisions of paragraphs (a) and (e)(1) of this section, a refiner that 

acquires or reactivates a refinery that was shut down or non-operational during calendar 

year 2011, may apply for small refiner status under this subpart O.

(e) The following are ineligible for small refiner provisions under this subpart O:

(1) Refiners with refineries built or started up on or after January 1, 2011.

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

January 1, 2011, but who meet these criteria after that date, regardless of whether the 

reduction in employees or crude oil capacity is due to operational changes at the refinery

or a company sale or reorganization.

(3) Importers.

(4) Refiners who produce gasoline other than by processing crude oil through refinery

processing units.

(f)(1) A refiner approved as a small refiner under §80.1622 who subsequently ceases 

production of gasoline from processing crude oil through refinery processing units, 

employs more than 1,500 people, or exceeds the 155,000 bpcd crude oil capacity limit 

after January 1, 2011 as a result of merger with or acquisition of or by another entity, is 

disqualified as a small refiner, except as provided for under paragraph (f)(4) of this 

section. If such disqualification occurs, the refiner shall notify EPA in writing no later 

than 20 days following the disqualifying event.

(2) Except as provided under paragraph (f)(3) of this section, any refiner whose status

changes under this paragraph (f) shall meet the applicable standards of §80.1603 within a 

period of up to 30 months from the disqualifying event for any of its refineries that were 

previously subject to the small refiner standards of §80.1623.

(3) A refiner may apply to EPA for up to an additional six months to comply with the 

standards of §80.1603 if more than 30 months would be required for the necessary

engineering, permitting, construction, and start-up work to be completed. Such 

applications must include detailed technical information supporting the need for 

additional time. EPA will base a decision to approve additional time on information 

provided by the refiner and on other relevant information.
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(4) Disqualification under this paragraph (f) of this section shall not apply in the case of a 

merger between two previously approved small refiners.

(5) If a refiner receives a delay per paragraphs (f)(2) and/or (f)(3) of this section, the refiner 

may not generate gasoline sulfur credits under this subpart O during that 30 or 36 month 

period.

(6) All written notifications to EPA should be submitted to the address listed in §80.1622.

§80.1621 Small volume refinery definition.

(a) For the purposes of this subpart O, a gasoline small volume refinery is defined as any 

refinery that meets all of the following criteria, and has been approved by EPA as a small 

volume refinery per §80.1622:

(1) Produces gasoline by processing crude oil through refinery processing units.

(2) The average aggregate daily crude oil throughput, including feedstocks derived from 

crude oil, for the calendar year 2011 (as determined by dividing the aggregate throughput 

for the calendar year by the number of days in the calendar year) does not exceed 75,000 

barrels. Throughput means the total crude oil feedstock input into the refinery less 

volumes injected into the crude oil supply after refinery processing.

(b) The following are ineligible for the small volume refinery provisions under this subpart

O:

(1) Refineries built or started up on or after January 1, 2012.

(2) Persons who exceed the crude oil throughput under this section for calendar year 2011 

but who meet these criteria after that date, regardless of whether the reduction in crude oil 

capacity is due to operational changes at the refinery or a company sale or reorganization.

(3) Importers.

(4) Refineries that produce gasoline other than by processing crude oil through refinery 

processing units.

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

(a) Applications for small refiner or small volume refinery status under this subpart O must 

be submitted to EPA by January 1, 2015.

(b) To qualify for small refiner status under this subpart a refiner must submit an application 

to EPA containing all of the following information for the refiner and for all subsidiary

companies, all parent companies, all subsidiaries of the parent companies, and all joint 

venture partners:

(1)(i) A listing of the name and address of all company locations for the period January 1, 2012

through December 31, 2012.

(ii) The average number of employees at each location, based on the number of employees 

for each pay period for the period January 1, 2012 through December 31, 2012.

(iii) The type of business activities carried out at each location.
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(iv) For joint ventures, the total number of employees includes the combined employee count 

of all corporate entities in the venture.

(v) For government-owned refiners, the total employee count includes all government 

employees.

(2)(i) The total corporate crude oil capacity of each refinery as reported to the Energy

Information Administration (EIA) of the U.S. Department of Energy (DOE), for the 

period January 1, 2012 through December 31, 2012. The information submitted to EIA is 

presumed to be correct. In cases where a company disagrees with this information, the 

company may petition EPA with appropriate data to correct the record when the company 

submits its application.

(ii) Foreign small refiners applying for approval under this section must send the total 

corporate crude oil capacity of each refinery for the period January 1, 2012 through 

December 31, 2012, to the address listed in paragraph (g) of this section.

(3) The application must be signed by the president, chief operating or chief executive officer 

of the company, or his/her designee, stating that the information is true to the best of 

his/her knowledge, and that the company owned the refinery as of December 31, 2012.

(4) Name, address, phone number, facsimile number, and e-mail address of a corporate 

contact person.

(c) To qualify for small volume refinery status under this subpart, a refiner must submit an 

application to EPA containing all of the following information for the refinery, or 

refineries, for which the refiner is applying for small volume refinery status:

(1) A listing of the name and address of each small volume refinery owned by the company.

(2)(i) The total crude throughput of each small volume refinery, defined as the total crude oil 

feedstock input into the refinery less the volumes injected into the crude oil supply after 

refinery processing, as reported to EIA, for the period January 1, 2012 through December 

31, 2012. The information submitted to EIA is presumed to be correct. In cases where a 

company disagrees with this information, the company may petition EPA with 

appropriate data to correct the record when the company submits its application.

(ii) Foreign refiners applying for small volume refinery approval under this section must send 

the total crude throughput of each small volume refinery, defined as the total crude oil 

feedstock input into the refinery less the volumes injected into the crude oil supply after 

refinery processing of each refinery for the period January 1, 2012 through December 31, 

2012, to the address listed in paragraph (g) of this section.

(3) The application must be signed by the president, chief operating or chief executive officer 

of the company, or his/her designee, stating that the information is true to the best of 

his/her knowledge, and that the company owned the refinery as of December 31, 2012.

(4) Name, address, phone number, facsimile number, and e-mail address of a corporate 

contact person.

(d) For foreign refiners, the small refiner or small volume refinery status application must 

contain all of the elements required in paragraph (b) or (c) of this section, as applicable, 

must demonstrate compliance with §80.1620, and must be submitted by June 1, 2016 to 

the address listed in paragraph (g) of this section.
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(e) A refiner who qualifies as a small refiner or small volume refinery under this subpart and 

subsequently fails to meet all of the qualifying criteria as set out in §§80.1620 and 

80.1621 will be disqualified pursuant to §80.1620(f) or §80.1621(d).

(1) In the event such disqualification occurs, the refiner shall notify EPA in writing no later 

than 20 days following the disqualifying event.

(2) Disqualification under this paragraph (e) shall not apply in the case of a merger between 

two approved small refiners.

(3) Any refiner that acquires a refinery from another refiner with approved small refiner or 

small volume refinery status under this subpart shall notify EPA in writing no later than 

20 days following the acquisition.

(f) If EPA finds that a refiner provided false or inaccurate information in its small refiner 

status or small volume refinery status application under this subpart, the refiner’s small 

refiner or small volume refinery status will be void as of the effective date of this subpart.

(g) Small refiner and small volume refinery status applications, and any other 

correspondence required by this section, §80.1620, and/or §80.1621 shall be sent to the 

following address: U.S. EPA—Attn: Tier 3 Program (Small Refiner/Small Volume 

Refinery Application), 6406J, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.

§§80.1623—80.1624 [Reserved]

§80.1625 Hardship provisions. 

EPA may, at its discretion, grant a refiner of gasoline that processes crude oil through refinery

processing units, for one or more of its refineries, temporary relief from some or all of the 

provisions of this subpart.

(a) Extreme hardship circumstances. (1) EPA may, at its discretion, grant a refiner of 

gasoline that processes crude oil through refinery processing units, for one or more of its 

refineries, temporary relief from some or all of the provisions of this subpart. EPA may

grant such relief provided that the refiner demonstrates all of the following:

(i) Unusual circumstances exist that impose extreme hardship and significantly affect the 

refiner’s ability to comply by the applicable date.

(ii) It has made best efforts to comply with the requirements of this subpart.

(2) The application must specify the factors that demonstrate a significant economic hardship 

and must provide a detailed discussion regarding the inability of the refinery to produce 

gasoline meeting the requirements of §80.1603. Such an application must include, at a 

minimum, all of the following information:

(i) Documentation of efforts made to obtain necessary financing, including all the following:

(A) Copies of loan applications for the necessary financing of the construction of appropriate 

sulfur reduction technology and other equipment procurements or improvements.

(B) If financing has been disapproved or is otherwise unsuccessful, documents supporting the 

basis for that disapproval and evidence of efforts to pursue other means of financing.
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(ii) A detailed analysis of the reasons the refinery is unable to produce gasoline meeting the 

standards of this subpart O in 2017, including costs, specification of equipment still 

needed, potential equipment suppliers, and efforts already completed to obtain the 

necessary equipment.

(iii) If unavailability of equipment is part of the reason for the inability to comply, a 

discussion of other options considered, and the reasons these other options are not 

feasible.

(iv) If relevant, a demonstration that a needed or lower cost technology is immediately

unavailable, but will be available in the near future, and full information regarding when 

and from what sources it will be available.

(v) Schematic drawings of the refinery configuration as of January 1, 2011, and as of the date 

of the hardship extension application, and any planned future additions or changes.

(vi) If relevant, a demonstration that a temporary unavailability exists of engineering or 

construction resources necessary for design or installation of the needed equipment.

(vii) A detailed analysis of the reasons the refinery is unable to use credits to meet the gasoline 

standards of this subpart O, including all avenues pursued to generate and/or procure 

credits, their cost, and ability to finance them.

(viii) A discussion of any sulfur reductions that can be achieved from current levels.

(ix) The date the refiner anticipates compliance with the standards in §80.1603 can be 

achieved at its refinery.

(x) An analysis of the economic impact of compliance on the refiner’s business (including 

financial statements from the last 5 years, or for any time period up to 10 years, at EPA’s

request).

(xi) Any other information regarding other strategies considered, including strategies or 

components of strategies that do not involve installation of equipment, and why meeting 

the standards in §80.1603 beginning in 2017 (or 2020 for approved small refiners and 

small volume refineries) is infeasible.

(3) Hardship applications under this paragraph (a) must be submitted to EPA by January 1, 

2016 to the address listed in paragraph (d) of this section.

(b) Extreme unforeseen circumstances hardship. (1) In appropriate extreme, unusual, and 

unforeseen circumstances (for example, natural disaster or refinery fire) which are clearly

outside the control of the refiner or importer and which could not have been avoided by

the exercise of prudence, diligence, and due care, EPA may permit a refiner or importer, 

for a brief period, to distribute gasoline which does not meet the requirements of this 

subpart for all of the following reasons:

(i) It is in the public interest to do so (e.g., distribution of the nonconforming gasoline is 

necessary to meet projected shortfalls which cannot otherwise be compensated for).

(ii) The refiner or importer exercised prudent planning and was not able to avoid the 

violation and has taken all reasonable steps to minimize the extent of the nonconformity.

(iii) The refiner or importer can show how the requirements for making compliant gasoline, 

and/or purchasing credits to partially or completely offset the nonconformity, will be 

expeditiously achieved.

(iv) The refiner or importer agrees to make up any air quality detriment associated with the 

nonconforming gasoline, where practicable.
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(v) The refiner or importer pays to the U.S. Treasury an amount equal to the economic

benefit of the nonconformity minus the amount expended pursuant to paragraph 

(b)(1)(iv) of this section, in making up the air quality detriment.

(2) The hardship application must meet all other applicable requirements of this section, 

except paragraph (a) of this section.

(c) The hardship extension application must contain a letter signed by the president or the 

chief operating officer or chief executive officer of the company, or his/her designee, 

stating that the information contained in the application is true to the best of his/her 

knowledge.

(d) Hardship applications under this section must be submitted in writing to the following 

address:

U.S. EPA—Attn: Tier 3 Program (Hardship Application), 6406J, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460.

§§80.1626—80.1629 [Reserved]

§80.1630 Sampling and testing requirements for refiners, gasoline importers and producers 

and importers of certified ethanol denaturant. 

(a) Sample and test each batch of gasoline and certified ethanol denaturant. (1) Refiners and 

importers shall collect a representative sample from each batch of gasoline produced or 

imported and test each sample to determine its sulfur content for compliance with 

requirements under this subpart prior to the gasoline leaving the refinery or import 

facility, using the sampling and testing methods provided in this section or §§80.8 

(sampling) and 80.47 (testing).

(2) Producers and importers of certified ethanol denaturant shall collect a representative 

sample from each batch of certified ethanol denaturant produced or imported and test 

each sample to determine its sulfur content for compliance with requirements under this 

subpart prior to the gasoline leaving the refinery or import facility, using the sampling 

and testing methods provided in this section or §§80.8 (sampling) and 80.47 (testing).

(3) Except as provided in paragraph (a)(4) of this section, the requirements of this section 

apply beginning January 1, 2017.

(4)(i) Beginning January 1, 2017, any refiner who produces gasoline using computer-controlled 

in-line blending equipment is exempt from the requirement of paragraph (a)(1) of this 

section to obtain the test results required under paragraph (a)(1) of this section prior to 

the gasoline leaving the refinery, provided that the refiner obtains an exemption from this 

requirement from EPA. To obtain such exemption, the refiner must:

(A) Have been granted an in-line blending exemption under §80.65(f)(4); or

(B) If the refiner has not been granted an exemption under §80.65(f)(4), submit to EPA all of 

the information required under §80.65(f)(4)(i)(A). A letter signed by the president, chief 

operating officer or chief executive officer of the company, or his/her designee, stating 
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that the information contained in the submission is true to the best of his/her belief must 

accompany any submission under this paragraph (a)(4)(i)(B).

(ii) Refiners who seek an exemption under paragraph (a)(4)(i) of this section must comply

with any EPA request for additional information or any other requirements that EPA 

includes as part of the exemption.

(iii) Within 60 days of EPA’s receipt of a submission under paragraph (a)(4)(i)(B) of this 

section, EPA will notify the refiner if the exemption is not approved or of any

deficiencies in the refiner’s submission, or if any additional information is required or 

other requirements are included in the exemption pursuant to paragraph (a)(4)(ii) of this 

section. In the absence of such notification from EPA, the effective date of an exemption 

under paragraph (a)(4)(i) of this section for refiners who do not hold an exemption under 

§80.65(f)(4) is 60 days from EPA’s receipt of the refiner’s submission under paragraph 

(a)(4)(i)(B) of this section.

(iv) EPA reserves the right to modify the requirements of an exemption under paragraph 

(a)(4)(i) of this section, in whole or in part, at any time, if EPA determines that the 

refiner’s operation does not effectively or adequately control, monitor or document the 

sulfur content of the refinery’s gasoline production, or if EPA determines that any other 

circumstances exist which merit modification of the requirements of an exemption, such 

as advancements in the state of the art for in-line blending measurement which allow for 

additional control or more accurate monitoring or documentation of sulfur content. If 

EPA finds that a refiner provided false or inaccurate information in any submission 

required for an exemption under this section, upon notification from EPA, the refiner’s 

exemption will be void ab initio.

(b) Sampling methods. For purposes of paragraph (a) of this section, refiners, gasoline

importers, and producers and importers of certified ethanol denaturant shall sample each 

batch of gasoline by using one of the methods specified in §80.8. Alternative methods for 

sampling batches of certified ethanol denaturant may be used as approved by the 

Administrator.

(c) Test method for measuring sulfur content of gasoline and certified ethanol denaturant.

(1) For purposes of paragraph (a) of this section, refiners, gasoline importers, and 

producers and importers of certified ethanol denaturant shall use the method provided in 

§80.47, as applicable, to measure the sulfur content of gasoline or certified ethanol 

denaturant they produce or import.

(2) Sulfur content shall be reported to the nearest ppm.

(3) Alternative methods for the measurement of the sulfur content of certified ethanol 

denaturants may be used as approved by the Administrator.

§80.1631 Gasoline, RBOB, and CBOB sample retention requirements. 

(a) Sample retention requirements. Beginning January 1, 2017, or January 1 of the first year 

credits are generated under §80.1615, whichever is earlier, any refiner or importer shall 

do all of the following:
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(1) Collect a representative portion of each sample analyzed under §80.1630, of at least 330 

milliliters in volume.

(2) Retain sample portions for the most recent 20 samples collected, or for each sample 

collected during the most recent 21 day period, whichever is greater, not to exceed 90 

days for any given sample.

(3) Comply with the gasoline sample handling and storage procedures under §80.1630 for 

each sample portion retained.

(4) Comply with any request by EPA to:

(i) Provide a retained sample portion to the Administrator’s authorized representative; and

(ii) Ship a retained sample portion to EPA, within 2 working days of the date of the request, 

by an overnight shipping service or comparable means, to the address and following 

procedures specified by EPA, and accompanied with the sulfur test result for the sample 

determined under §80.1630.

(b) Sample retention requirement for samples subject to independent analysis requirements. 

(1) Any refiner or importer who meets the independent analysis requirements under 

§80.65(f) for any batch of reformulated gasoline or RBOB will have met the 

requirements of paragraph (a) of this section, provided the independent laboratory meets 

the requirements of paragraph (a) of this section for the gasoline batch; except that the 

retained RBOB sample for purposes of this subpart O must be a sample of the RBOB 

prior to hand blending with oxygenate.

(2) For samples retained by an independent laboratory under this paragraph (b), the test 

results required to be submitted under paragraph (a) of this section shall be the test results 

determined under §80.65(e).

(c) Sampling compliance certification. Any refiner or importer shall include with each 

annual report filed under §80.1652, the following statement, which must accurately 

reflect the facts and must be signed and dated by the same person who signs the annual 

report:

I certify that I have made inquiries that are sufficient to give me knowledge of the 

procedures to collect and store gasoline samples, and I further certify that the procedures 

meet the requirements of the ASTM procedures required under 40 CFR 80.1630.

(d) Requirements for refiners who analyze composited samples. Prior to January 1, 2017, for 

purposes of complying with the requirements of this section, refiners who analyze 

composited samples under §80.1630 must retain portions of the composited samples. 

Portions of samples of each batch comprising the composited samples are not required to 

be retained.

(e) Requirements for RBOB. For purposes of complying with the requirements of this 

section for RBOB, a sample of each RBOB batch produced must be retained.

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

blending blendstocks into previously certified gasoline (PCG).
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(a) Any refiner who produces gasoline by blending blendstock into PCG, as defined at 

§80.2(d), must meet the requirements of §80.1630 to sample and test every batch of 

gasoline as follows:

(1) Exclude the PCG for purposes of demonstrating compliance with the sulfur standards of 

this subpart O.

(2) To accomplish the exclusion required in paragraph (a)(5) of this section, the refiner must 

determine the volume and sulfur content of the PCG used at the refinery and the volume 

of and sulfur content of the gasoline produced at the refinery, and use the compliance 

calculation procedures in paragraphs (a)(1)(iii) and (iv) of this section.

(3) For each batch of PCG that is used to produce gasoline the refiner must include the 

volume and sulfur content of the PCG as a negative volume and a positive sulfur content 

in the refiner’s compliance calculations in accord with the requirements at §80.1603.

(4) For each batch of gasoline produced at the refinery using PCG and blendstock, the refiner 

must determine the volume and sulfur content of the combined product and include each 

batch of combined product for purposes of sulfur compliance in the refinery’s compliance 

calculations at §80.1603 without regard to the presence of previously certified gasoline in 

the batch.

(5) The refiner must use any PCG that it includes as a negative batch in its compliance 

calculations pursuant to §80.1603 as a component in gasoline production during the 

annual averaging period in which the PCG was included as a negative batch in the 

refiner’s compliance calculations.

(6) The refiner must also comply with §80.65(i) when producing RBOB or RFG and 

§80.101(g)(9) when producing conventional gasoline or CBOB.

(7) Any negative annual average sulfur value shall be reported as zero and not as a negative 

result.

(b) In the alternative, a refiner may sample and test each batch of blendstock when received 

at the refinery to determine the volume and sulfur content, and treat each blendstock 

receipt as a separate batch for purposes of compliance calculations for the annual average 

sulfur standard and for reporting. This alternative applies only if every batch of 

blendstock used at a refinery during an averaging period has a sulfur content that is equal 

to, or less than, the applicable per-gallon cap standard under §80.1603.

(c) Refiners who blend only butane into PCG may meet the sampling and testing 

requirements of this subpart O for sulfur by using sulfur test results of the butane 

supplier, provided that the requirements of §80.82 are met.

(d) Refiners who blend only blender grade pentane into PCG may meet the sampling and 

testing requirements of this subpart O for sulfur by using sulfur test results of the pentane 

supplier, provided that the requirements of §80.85 are met.

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

transport gasoline by truck. 

Importers who import gasoline into the United States by truck may comply with the following 

requirements instead of the requirements to sample and test every batch of gasoline under 
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§80.1630, and the annual sulfur average and per-gallon cap standards otherwise applicable to 

importers under §80.1603:

(a) Alternative standards. The imported gasoline must comply with the standard in 

paragraph (a)(1) or (a)(2) of this section as follows:

(1) The annual average standard of 10 ppm and the per-gallon standard of 80 ppm as 

provided by §80.1603; or

(2) A per-gallon standard of 10 ppm. 

(b) Terminal testing. The importer may use test results for sulfur content testing conducted 

by the terminal operator, for gasoline contained in the storage tank from which trucks 

used to transport gasoline into the United States are loaded, for purposes of 

demonstrating compliance with the standards in paragraph (a) of this section, provided all 

the following conditions are met:

(1) The sampling and testing shall be performed after each receipt of gasoline into the 

storage tank, or immediately before each transfer of gasoline to the importer’s truck.

(2) The sampling and testing shall be performed using the methods specified in §§80.8 and 

80.47, respectively.

(3) At the time of each transfer of gasoline to the importer’s truck for import to the U.S., the 

importer must obtain a copy of the terminal test result that indicates the sulfur content of 

the truck load (or each compartment if fuel was loaded from different storage tanks).

(c) Quality assurance program. The importer must conduct a quality assurance program, as 

specified in this paragraph, for each truck loading terminal.

(1) Quality assurance samples must be obtained from the truck-loading terminal and tested 

by the importer, or by an independent laboratory, and the terminal operator must not 

know in advance when samples are to be collected.

(2) The sampling and testing must be performed using the methods specified in §§80.8 and 

80.47, respectively.

(3) The quality assurance test results for sulfur must differ from the terminal test result by no 

more than the ASTM reproducibility of the terminal’s test results, as determined by the 

following equation:

R = 105 × ((S +2)/104) 0.4

Where:

R = ASTM reproducibility.

S = Sulfur content based on the terminal’s test result.

(4) The frequency of the quality assurance sampling and testing must be at least one sample 

for each fifty of an importer’s trucks that are loaded at a terminal, or one sample per 

month, whichever is more frequent.

(d) Party required to conduct quality assurance testing. The quality assurance program under 

paragraph (c) of this section shall be conducted by the importer. In the alternative, this 

testing may be conducted by an independent laboratory that meets the criteria under 

§80.65(f)(2)(iii), provided the importer receives, no later than 21 days after the sample 

was taken, copies of all results of tests conducted.
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(e) Assignment of batch numbers. The importer must treat each truck load of imported 

gasoline as a separate batch for purposes of assigning batch numbers and maintaining 

records under §80.1653, and reporting under §80.1652.

(f) EPA inspections of terminals. EPA inspectors or auditors, and auditors conducting attest 

engagements under §80.1667, must be given full and immediate access to the truckloading terminal and any laboratory at which samples of gasoline collected at the 

terminal are analyzed, and must be allowed to conduct inspections, review records, 

collect gasoline samples, and perform audits. These inspections or audits may be either 

announced or unannounced.

(g) Certified Sulfur-FRGAS. This section does not apply to Certified Sulfur-FRGAS.

(h) Reporting requirements. Any importer who elects to comply with the alternative 

standards in paragraph (a) of this section shall comply with the following requirements:

(1) All importer recordkeeping and reporting requirements under §§80.1652 and 80.1653, 

except as provided in paragraph (h)(2) of this section.

(2) An importer who elects to comply with the alternative standards in paragraph (a)(2) of 

this section must certify in the annual report whether it is in compliance with the 

applicable per-gallon batch standard set forth in paragraph (a)(2) of this section, in lieu of 

providing the information required by §80.1652 regarding annual average sulfur content 

and compliance with the average standard under §80.1603.

(i) Effect of noncompliance. If any of the requirements of this section are not met, all 

gasoline imported by the truck importer during the time any requirements are not met is 

deemed in violation of the gasoline sulfur average and per-gallon cap standards in 

§80.1603. Additionally, if any requirement is not met, EPA may notify the importer of 

the violation and, if the requirement is not fulfilled within 10 days of notification, the 

truck importer may not in the future use the sampling and testing provisions in this 

section in lieu of the provisions in §80.1630.

§80.1642 Sampling and testing requirements for producers and importers of 

denatured fuel ethanol and other oxygenates for use by oxygenate blenders.

Beginning January 1, 2017, producers and importers of denatured fuel ethanol (DFE) and other 

oxygenates for use by oxygenate blenders must satisfy the sampling and testing requirements in 

this section prior to the addition of the oxygenate to gasoline or blendstocks for oxygenate 

blending . 

(a) Sampling requirements. Producers and importers of oxygenates for use by oxygenate 

blenders shall collect a representative sample from each batch of oxygenate produced or 

imported prior to the oxygenate leaving the oxygenate production or import facility,

using the sampling methods specified in §80.8 or §80.47.
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(b) Determination of oxygenate sulfur content. Producers and importers of oxygenates must

test each batch of oxygenate they produce or import to determine its sulfur content to the 

nearest ppm using a test method provided in §80.47, or, with respect to DFE may use the 

alternative means of determining the sulfur content contained in paragraph (c) of this 

section

(c) Alternative means of determining the sulfur content of DFE. As an alternative to testing 

each batch of DFE pursuant to the requirements of paragraph (b) of this section, the 

sulfur content of batches of DFE produced using certified denaturant meeting the 

requirements of §80.1611 may be determined using the provisions in this paragraph (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) The sulfur content of the neat (un-denatured) ethanol used in the calculation in paragraph 

(c)(1) of this section may be assumed to be negligible or assumed to be some specific 

value for the purposes of calculating the sulfur content of the DFE batch provided that the 

DFE manufacturer or importer conducts production quality control which demonstrates

that such an assumption is valid. Otherwise, the sulfur content of the neat ethanol must 

be determined in accordance with the test requirements of §80.1630.

(3) The sulfur content of the certified denaturant(s) used in the calculation in paragraph 

(c)(1) of this section must be consistent with the PTD(s) obtained from a registered 

certified ethanol denaturant producer(s) or importer(s) in accordance with the 

requirements of §80.1611. If the PTD from the certified ethanol denaturant states that the

sulfur content is 330 ppm, then the sulfur content of the sulfur content of the ethanol 

denaturant must be assumed to be 330 ppm.

(4) A sample of each batch of DFE must be retained pursuant to the requirements of 

§80.1643.

(5) The sulfur content of each batch of DFE shall be reported to the nearest ppm.

§80.1643 Sample retention requirements for oxygenate producers and importers.

(a) Sample retention requirements. Beginning January 1, 2017, any producer or importer of 

oxygenate shall do all of the following:

(1) Retain a representative portion of each sample analyzed under §80.1642(b), of at least 

330 milliliters in volume.

(2) Retain a representative sample of each batch of DFE for which the DEF producer or 

importer used the alternative means of determining the sulfur contents of the DFE batch

pursuant to the requirements of §80.1642(c) , of at least 330 milliliters in volume.

(3) Retain sample portions for the most recent 20 samples collected, or for each sample 

collected during the most recent 21 day period, whichever is greater, not to exceed 90 

days for any given sample.

(4) Comply with the DFE sample handling and storage procedures under §80.1642 for each 

sample portion retained.

(5) Comply with any request by EPA to:

(i) Provide a retained sample portion to the Administrator’s authorized representative; and
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(ii) Ship a retained sample portion to EPA, within 2 working days of the date of the request, 

by an overnight shipping service or comparable means, to the address and following 

procedures specified by EPA, and accompanied with the sulfur test result for the sample 

determined under §80.1642 or the calculated sulfur content of the of the batch from 

which the sample was drawn determined pursuant to the requirements of §80.1611(e).

(b) [Reserved]

§80.1644 Sampling and testing requirements for producers and importers of certified 

ethanol denaturant.

(a) Sample and test each batch of certified ethanol denaturant. (1) Producers and importers of 

certified ethanol denaturant shall collect a representative sample from each batch of

certified ethanol denaturant produced or imported and test each sample to determine its 

sulfur content for compliance with requirements under this subpart prior to the ethanol 

denaturant leaving the production or import facility, using the sampling and testing 

methods provided in this section or §§80.8 (sampling) and 80.47 (testing).

(2) The requirements of this section apply beginning January 1, 2017 or on the first day that 

an ethanol denaturant manufacturer designates a batch of ethanol denaturant as compliant 

with the requirements of §80.1611, whichever is earlier.

(b) Determination of certified ethanol denaturant sulfur content. Producers and importers of 

certified ethanol denaturant who are required to test each batch of certified ethanol 

denaturant they produce or import to determine its sulfur content pursuant to the 

requirements of §80.1611 shall use the testing methods specified in paragraph (c) of this 

section.

(c) Test method for measuring sulfur content of certified ethanol denaturant. (1) For 

purposes of paragraph (b) of this section, producers and importers of certified ethanol 

denaturant shall use the method provided in §80.47 to measure the sulfur content of 

certified ethanol denaturant they produce or import. Alternative test methods may be 

used as approved by the Administrator. 

(2) The sulfur content of each batch of ethanol denaturant shall be reported to the nearest 

ppm.

§80.1645 Sample retention requirements for producers and importers of denaturant 

designated as suitable for the manufacture of denatured fuel ethanol meeting 

federal quality requirements.

Beginning January 1, 2017, or on the first day that any producer or importer of ethanol 

denaturant designates a batch of ethanol denaturant as suitable for the manufacture of 

denatured fuel ethanol meeting federal quality requirements, whichever is earlier, the 

ethanol denaturant producer or importer shall do all of the following:
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(a) Retain a representative portion of each sample collected under §80.1644, of at least 330 

milliliters in volume.

(b) Retain sample portions for the most recent 20 samples collected, or for each sample 

collected during the most recent 21 day period, whichever is greater, not to exceed 90 

days for any given sample.

(c) Comply with the ethanol denaturant sample handling and storage procedures under 

§80.1644 for each sample portion retained.

(d) Comply with any request by EPA to:

(1) Provide a retained sample portion to the Administrator’s authorized representative; and

(2) Ship a retained sample portion to EPA, within 2 working days of the date of the request, 

by an overnight shipping service or comparable means, to the address and following 

procedures specified by EPA, and accompanied with the sulfur test result for the sample 

determined under §80.1644.

§§80.1646-80.1649 [Reserved]

§80.1650 Registration. 

The following registration requirements apply under this subpart:

(a) Registration. Registration with the EPA Administrator 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, unless already registered as a gasoline refiner or 

importer under §80.76 or §80.103.

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

facility subject to the oxygenate sulfur standards under §80.1610.

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

gasoline, RBOB, or CBOB where the resulting gasoline is subject to the gasoline sulfur 

standards under this subpart O, unless already registered as an oxygenate blender under 

§80.76.

(4) Producer or importer of certified.

(b) Registration dates. (1) Any gasoline refiner or importer required to register shall do so by

December 1, 2016, or at least 30 days in advance of the first date that such person will 

produce or import reformulated gasoline, conventional gasoline, RBOB, or CBOB, 

whichever is earlier. If a previously unregistered refiner or importer intends to generate 

credits prior to January 1, 2017 (pursuant to §80.1615), registration must occur at least 90

days prior to submitting an annual compliance report demonstrating credit generation.

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

2016, or at least 60 days in advance of the first date that such person will produce or 

import oxygenate, whichever is earlier.
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(3) Any oxygenate blender required to register shall do so by November 1, 2016, or at least 

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

whichever is earlier.

(4) Any ethanol denaturant producer or importer required to register shall do so by

November 1, 2016, or at least 60 days in advance of the first date that such person will 

produce or import ethanol denaturant, whichever is earlier. 

(c) Refiner registration. (1) Registration shall be on forms and use procedures 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) (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 and use procedures

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
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(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 and use procedures

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.

(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.

(iv) The type and chemical composition of the oxygenate.

(3) 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 and use procedures 

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.

(iii) The type and chemical composition of the oxygenate.

(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 and use procedures 

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.

(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.

(iv) The type and chemical composition of the oxygenate.
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(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) 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) Certified ethanol denaturant producer registration. (1) Registration shall be on forms and 

use procedures 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 

ethanol denaturant producer.

(ii) For each separate ethanol denaturant production facility, the facility name, physical 

location, contact name, telephone number, and type of facility.

(iii) For each separate ethanol denaturant production facility:

(A) Whether records are kept on-site or off-site of the ethanol denaturant production facility.

(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 ethanol denaturant producer, and 

a facility registration number for each ethanol denaturant production facility that is 

identified. These registration numbers or those provided under §80.1450 shall be used in 

all reports to the Administrator.

(3) Any ethanol denaturant 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.

(i) Ethanol denaturant importer registration. (1) Registration shall be on forms and use 

procedures 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.

§80.1651 Product transfer document requirements.

(a) Gasoline, RBOB, CBOB, and oxygenates. In addition to any other product transfer 

document requirements under 40 CFR part 80, on each occasion that any person transfers 

custody or title to any gasoline, RBOB, CBOB, or oxygenate other than when gasoline is 

sold or dispensed for use in motor vehicles at a retail outlet or wholesale purchaser-
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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 which is being transferred.

(4) The location of the gasoline, RBOB, CBOB, or oxygenate at the time of the transfer.

(5) The date of the transfer.

(b) Gasoline for export or with an exemption and California gasoline. In addition to any

other product transfer document requirements under 40 CFR part 80, 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:

(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) Gasoline additive. 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 the 

gasoline additive 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) Ethanol denaturant. On each occasion when any person transfers custody or title to any

ethanol denaturant designated as suitable for use in the manufacture of denatured fuel 

ethanol meeting federal quality requirements pursuant to §80.1611, 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 ethanol denaturant which is being transferred.

(4) The location of the ethanol denaturant at the time of the transfer.

(5) The date of the transfer.

(6) A statement identifying the batch as “Ethanol denaturant suitable for the manufacture of 

denatured fuel ethanol meeting federal quality requirements”, or anther identifying 

statement as approved by EPA consistent with the requirements of §80.1611.

(7) Information on the sulfur content of the ethanol denaturant, as applicable, pursuant to the 

requirements of §80.1611.
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(e) Oxygenate. On each occasion when any person transfers custody or title to any 

oxygenate, 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 oxygenate which is being transferred.

(4) The location of the oxygenate at the time of the transfer.

(5) The date of the transfer.

(6) For denatured fuel ethanol, a statement identifying the batch as “Denatured fuel ethanol, 

maximum 10 ppm sulfur”.

(7) For oxygenates other than DFE, the name of the specific oxygenate must be identified on 

the PTD, followed by “maximum 10 ppm sulfur”..

(8) Alternative PTD language to that specified in paragraphs (e)(6) and (e)(7) of this section 

may be used as approved by EPA consistent with the requirements of §80.1610.

§80.1652 Reporting requirements for gasoline refiners, gasoline importers, oxygenate 

producers, and oxygenate importers. 

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 gasoline refiner 

or importer shall submit to EPA annual reports that contain the information required in this 

section, and any other information as EPA may require. Beginning with the 2017 calendar year 

and continuing each calendar year thereafter, any oxygenate producer or importer shall submit to 

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

information as EPA may require. Reporting shall be on forms and use procedures prescribed by

the Administrator.

(a) Gasoline refiner and importer annual reports. Any refiner, for each of its refineries, and 

any importer for the gasoline 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 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 

decimal places.

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

(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 decimal places, along with identification 

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

§80.1630.

(8) 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.

(9) 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 gasoline importers. From January 1, 2017 through 

December 31, 2019, importers shall report all of the following information for SulfurFRGAS 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 decimal place.

(c) Oxygenate refiner and importer annual reports. Any oxygenate producer, for each of its 

production facilities, and any importer for the oxygenate it imports, shall submit a report 

for each calendar year period that includes all the following information:

(1) The EPA oxygenate importer, or producer and producer facility registration numbers.

(2) The total volume of oxygenate produced or imported, reported to the nearest whole 

number.

(3) For each batch of oxygenate produced or imported during the calendar year, all of the 

following:

(i) The batch number assigned under §80.1610(d).

(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 decimal places.
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(v) For oxygenates other than denatured fuel ethanol, the identification of the test method 

used to determine the sulfur content of the batch pursuant to the requirements of 

§80.1642(c).

(vi) For denatured fuel ethanol, either the identification of the test method used to determine 

the sulfur content of the batch (pursuant to §80.1642), or the information used to 

calculate the sulfur content pursuant to the requirements of §80.1642(c).

(4) All values measured or calculated pursuant to the requirements of this paragraph (c) shall 

be in accordance with the rounding procedure specified in §80.9.

(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, gasoline importer, oxygenate 

producer, oxygenate importer, denaturant producer, or denaturant importer; and

(2) Submitted to EPA no later than the March 31 each year for the prior calendar year.

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

§80.1667 shall be submitted to the Administrator by June 1 of each year for the prior 

calendar year.

§80.1653 Recordkeeping.

(a) Records that must be kept by gasoline refiners, importers, and parties in the gasoline 

distribution system. Beginning January 1, 2017 or January 1 of the first year that credits 

are generated (whichever is earlier), 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 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:

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

type 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.

(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 gasoline importers 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 and importers of denatured fuel ethanol and other oxygenates 

must keep. Beginning January 1, 2017 or the first date when DFE is introduced into 

commerce that is represented on the product transfer document as meeting the standards 

in §80.1610 (whichever is earlier), records of all of the following must be kept for each 

batch of oxygenate produced or imported by oxygenate producers and importers:

(1) The date the batch was produced.
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(2) The batch number.

(3) The batch volume.

(4) The product transfer document for the batch.

(5) The sulfur content of the batch as determined pursuant to the requirements of §80.1642.

(6) If the sulfur content of the batch was determined by analytical testing, the records in this 

paragraph (d)(6).

(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 (d)(5)(iii) of this section.

(v) The test methodology used.

(7) For denatured fuel ethanol, if the sulfur content of the batch was determined by the 

alternative means of demonstrating compliance with the sulfur requirements pursuant to 

the requirements of §80.1642(c), the records in this paragraph (d)(7).

(i) The name and title of the person who calculated the sulfur content of the batch.

(ii) The date the calculation was performed.

(iii) The calculated sulfur content.

(iv) The sulfur content of the neat (un-denatured) ethanol. 

(v) The date each batch of neat ethanol was produced.

(vi) The neat ethanol batch number.

(vii) The neat ethanol batch volume.

(viii) As applicable, the neat ethanol production quality control records, or the test results on 

the neat ethanol including:

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

collected.

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

the test.

(C) 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.

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

recorded under paragraph (d)(7)(v) of this section.

(E) The test methodology used.

(v) The sulfur content of the denaturant(s) used, and the volume percent at which the 

denaturant(s) were added to neat (un-denatured) ethanol to produce denatured fuel 

ethanol.

(vi) The product transfer documents for the denaturants used. 

(e) Records that parties who take custody of oxygenates in the oxygenate distribution system 

must keep. Beginning January 1, 2017 or the first date when a party takes custody of 

oxygenate that is represented on the product transfer document as meeting the standards 
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in §80.1610 (whichever is earlier), 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) Records that must be kept by producers and importers of ethanol denaturant designated as 

suitable for use in the manufacturer of denatured fuel ethanol meeting federal quality

requirements. Beginning January 1, 2017 or the first date when a producer or importer of 

ethanol denaturant designated as suitable for use in the manufacturer of denatured fuel 

ethanol meeting federal quality requirements pursuant to the requirements of §80.1611 

introduces such denaturant into commerce, records of all of the following must be kept 

for each batch of such denaturant produced or imported:

(1) The date each batch was produced.

(2) The batch number.

(3) The batch volume.

(4) The product transfer document for the batch.

(5) The sulfur content of the batch.

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

collected.

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

the test.

(8) 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.

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

recorded under paragraph (f)(5) of this section.

(v) The test methodology used.

(g) Records that parties who take custody of ethanol denaturants designated as suitable for 

use in the manufacturer of denatured fuel ethanol meeting federal quality requirements. 

Beginning January 1, 2017, all parties that take custody of denaturants designated as 

suitable for use in the manufacture of DFE pursuant to §80.1611 must keep the following 

records:

(1) The product transfer document for the denaturant.

(2) As applicable, the volume percent at which the denaturant was added to neat ethanol.

(h) Records that producers and importers of gasoline additives as defined in 40 CFR 79.2(f) 

must keep. Beginning January 1, 2017 producers and importers of gasoline additives 

must keep the following records:

(1) The date the batch was produced.

(2) The volume of the batch.

(3) The product transfer document for the batch.

(4) The maximum recommended treatment rate.

(5) Records of the additive manufacturer’s control practices which demonstrate that the 

additive will contribute no more than 3 ppm on a per gallon basis to the sulfur content of 

gasoline when used at the maximum recommended treatment rate
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(i) Records that parties who take custody of gasoline additives in the gasoline additive 

distribution system must keep. Beginning January 1, 2017 all parties that take custody of 

gasoline additives for bulk addition to gasoline from the producer through to the party 

that adds the additive to gasoline must keep a copy of the product transfer document for 

each batch of gasoline additive. The requirements of this paragraph (i) do not apply to 

gasoline additives that are packaged for addition to gasoline in the vehicle fuel tank. 

(1) The product transfer document for each batch of gasoline additive.

(2) As applicable, the treatment at which the additive was added to gasoline.

(3) As applicable, the volume of gasoline that was treated with the additive. A new record 

shall be initiated in cases where a new batch of additives is mixed into a storage tank 

from which the additive is drawn to be injected into gasoline. 

(j) 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 five years from the date the 

credits are transferred; and shall be kept by the transferee for five years from the date the 

credits were transferred, used, or terminated, whichever is later.

(2) Credits generated prior to January 1, 2017. (i) Where the party generating the credits 

does not transfer the credits, records must be kept for five years from the date of creation, 

use, or termination, whichever is later.

(ii) When credits generated prior to January 1, 2017 are transferred, records relating to such 

credits shall be kept by the transferor for five years from the date the credits are 

transferred; and shall be kept by the transferee for five years from the date the credits 

were transferred, used, or terminated, whichever is later.

(k) 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.

§80.1654 California gasoline requirements.

(a) California gasoline exemption. California gasoline that complies with all the 

requirements of this section is exempt from all other provisions of this subpart O.

(b) Requirements for California gasoline. (1) Each batch of California gasoline must be 

designated as such by its refiner or importer.

(2) Designated California gasoline must be kept segregated from gasoline that is not 

California gasoline, at all points in the distribution system.

(3) Designated California gasoline must ultimately be used in the State of California and not 

used elsewhere.
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(4) For California gasoline produced outside the State of California, the transferors and 

transferees must meet the product transfer document requirements of paragraph (b)(5) of 

this section.

(5)(i) Any refiner that operates a refinery located outside the State of California at which 

California gasoline (as defined in §80.1600) is produced must provide to any person to 

whom custody or title of such gasoline has transferred, and each transferee must provide 

to any subsequent transferee, documents which include all the following information:

(A) The name and address of the transferor.

(B) The name and address of the transferee.

(C) The volume of gasoline which is being transferred.

(D) The location of the gasoline at the time of the transfer.

(E) The date and time of the transfer.

(F) The identification of the gasoline as California gasoline.

(ii) Each refiner and transferee of California gasoline must maintain copies of the product 

transfer documents required to be provided by paragraph (b)(5)(i) of this section for a 

period of five years from the date of creation and shall deliver such documents to the 

Administrator or to the Administrator’s authorized representative upon request.

(6) Gasoline that is ultimately used in any part of the United States outside of the State of 

California must comply with the standards and requirements of this subpart, regardless of

any designation as California gasoline.

(c) Use of California test methods and offsite sampling procedures. In the case of any 

gasoline that is not California gasoline and that is either produced at a refinery located in 

the State of California or is imported from outside the United States into the State of 

California, the refiner or importer may, with regard to such gasoline:

(1) Use the sampling and testing methods approved in Title 13 of the California Code of 

Regulations instead of the sampling and testing methods required under §80.1630; and

(2) Determine the sulfur content of gasoline at offsite tankage (which would otherwise be 

prohibited under §80.65(e)(1)).

(i) Note that the requirements of §80.65(e)(1), regarding when the properties of a batch of 

reformulated gasoline must be determined, specify that the properties of a batch of 

gasoline be determined prior to the gasoline leaving the refinery or import facility; 

however, under this section, a refiner of California gasoline may determine the properties 

of gasoline as specified under §80.65(e)(1) at offsite tankage provided that:

(A) The samples are properly collected under the terms of a current and valid protocol 

agreement between the refiner and the California Air Resources Board with regard to 

sampling at the offsite tankage and consistent with the requirements prescribed in Title 

13, California Code of Regulations, section 2250 et seq. (May 1, 2003); and

(B) The refiner provides a copy of the protocol agreement to EPA upon request.

(ii) [Reserved]

§80.1655 National security exemption.
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(a) The standards of §80.1603 do not apply to gasoline that is produced, imported, sold, 

offered for sale, supplied, offered for supply, stored, dispensed, or transported for use in 

any of the following:

(1) Tactical military vehicles, engines, or equipment having an EPA national security

exemption from the gasoline emission standards under 40 CFR part 86.

(2) Tactical military vehicles, engines, or equipment that are not subject to a national security

exemption from vehicle or engine emissions standards as described in paragraph (a)(1) of 

this section but, for national security purposes (for purposes of readiness for deployment 

overseas), need to be fueled on the same gasoline as the vehicles, engines, or equipment 

for which EPA has granted such a national security exemption.

(b) The exempt fuel must meet all the following conditions:

(1) It must be accompanied by product transfer documents as required under §80.1651.

(2) It must be segregated from non-exempt gasoline at all points in the distribution system.

(3) It must be dispensed from a fuel pump stand, fueling truck, or tank that is labeled with 

the appropriate designation of the fuel.

(4) It may not be used in any vehicles, engines, or equipment other than those referred to in 

paragraph (a) of this section.

(c) Any national security exemptions approved under subpart H of this part will remain in 

place under this subpart O.

§80.1656 Exemptions for gasoline 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 gasoline used for research, 

development, or testing (“R&D”) purposes by submitting the information listed in 

paragraph (c) of this section to EPA. Applications for R&D exemptions must be 

submitted to the address in paragraph (h) of this section.

(b) Criteria for a research and development exemption. For a research and development 

exemption to be granted, the person requesting an exemption must do all of the 

following:

(1) Demonstrate a purpose that constitutes an appropriate basis for exemption.

(2) Demonstrate that an exemption is necessary.

(3) Design a research and development program that is reasonable in scope.

(4) Have a degree of control consistent with the purpose of the program and EPA’s

monitoring requirements. 

(c) Information required to be submitted. To demonstrate each of the elements in paragraph 

(b) of this section, the person requesting an exemption must include all of the following 

information:

(1) A concise statement of the purpose of the program demonstrating that the program has an 

appropriate research and development purpose.
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(2) An explanation of why the stated purpose of the program cannot be achieved in a 

practicable manner without performing one or more of the prohibited acts under this 

subpart O.

(3) All of the following, to demonstrate the reasonableness of the scope of the program:

(i) An estimate of the program’s beginning and ending dates.

(ii) An estimate of the maximum number of vehicles or engines involved in the program and 

the number of miles and engine hours that will be accumulated on each.

(iii) The sulfur content of the gasoline expected to be used in the program.

(iv) The quantity of gasoline which does not comply with the requirements of §80.1603.

(v) The manner in which the information on vehicles and engines used in the program will be 

recorded and made available to the Administrator upon request.

(4) With regard to control, a demonstration that the program affords EPA a monitoring 

capability, including all the following:

(i) A description of the technical and operational aspects of the program.

(ii) The site(s) of the program (including facility name, street address, city, county, state, and 

zip code).

(iii) The manner in which information on the fuel used in the program (including quantity, 

fuel properties, name, address, telephone number and contact person of the supplier, and 

the date received from the supplier), will be recorded and made available to the 

Administrator upon request.

(iv) The manner in which the party will ensure that the research and development fuel will be 

segregated from gasoline meeting the standards of this subpart and how fuel pumps will 

be labeled to ensure proper use of the research and development fuel.

(v) The name, address, telephone number, and title of the person(s) in the organization 

requesting an exemption from whom further information on the application may be 

obtained.

(vi) The name, address, telephone number, and title of the person(s) in the organization 

requesting an exemption who is responsible for recording and making available the 

information specified in this paragraph (c), and the location where such information will 

be maintained.

(d) Additional requirements. (1) The product transfer documents associated with research 

and development gasoline must comply with requirements of §80.1651(c).

(2) The research and development gasoline must be designated by the refiner or supplier, as 

applicable, as exempt research and development gasoline.

(3) The research and development gasoline must be kept segregated from non-exempt 

gasoline at all points in the distribution system.

(4) The research and development gasoline must not be sold, distributed, offered for sale or 

distribution, dispensed, supplied, offered for supply, transported to or from, or stored by a 

fuel retail outlet, or by a wholesale purchaser-consumer facility, unless the wholesale 

purchaser-consumer facility is associated with the research and development program 

that uses the gasoline.

(5) At the completion of the program, any emission control systems or elements of design 

which are damaged or rendered inoperative shall be replaced on vehicles remaining in 

service, or the responsible person will be liable for a violation of the Clean Air Act 
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section 203(a)(3) (42 U.S.C. 7522 (a)(3)) unless sufficient evidence is supplied that the 

emission controls or elements of design were not damaged.

(e) Memorandum of exemption. The Administrator will grant an R&D exemption upon a 

demonstration that the requirements of this section have been met. The R&D exemption 

will be granted in the form of a memorandum of exemption signed by the applicant and 

the Administrator (or delegate), which may include such terms and conditions as the 

Administrator determines necessary to monitor the exemption and to carry out the 

purposes of this section, including restoration of emission control systems.

(1) The volume of fuel subject to the approval shall not exceed the estimated amount under 

paragraph (c)(3) of this section, unless EPA grants a greater amount in writing.

(2) Any exemption granted under this section will expire at the completion of the test 

program or three years from the date of approval, whichever occurs first, and may only 

be extended upon re-application consistent will all requirements of this section.

(3) EPA may elect at any time to review the information contained in the request, and where 

appropriate may notify the responsible person of disapproval of the exemption.

(4) In granting an exemption the Administrator may include terms and conditions, including 

replacement of emission control devices or elements of design, that the Administrator 

determines are necessary for monitoring the exemption and for assuring that the purposes 

of this subpart are met.

(5) Any violation of a term or condition of the exemption, or of any requirement of this 

section, will cause the exemption to be void ab initio.

(6) If any information required under paragraph (c) of this section should change after 

approval of the exemption, the responsible person must notify EPA in writing 

immediately. Failure to do so may result in disapproval of the exemption or may make it 

void ab initio, and may make the party liable for a violation of this subpart O.

(f) Effects of exemption. Gasoline that is subject to a research and development exemption 

under this section is exempt from other provisions of this subpart O provided that the fuel 

is used in a manner that complies with the purpose of the program under paragraph (c) of 

this section and all other requirements of this section.

(g) Notification of completion. The party shall notify EPA in writing within 30 days after 

completion of the research and development program.

(h) Submission. Requests for research and development exemptions shall be sent to the 

following address: U.S. EPA—Attn: Tier 3 Program (R&D Exemption Request), 6406J, 

1200 Pennsylvania Avenue, NW., Washington, DC 20460.

§80.1657 [Reserved]

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

Commonwealth of the Northern Mariana Islands.
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The gasoline sulfur standards of this subpart O do not apply to gasoline that is produced, 

imported, sold, offered for sale, supplied, offered for supply, stored, dispensed, or transported for 

use in the Territories of Guam, American Samoa or the Commonwealth of the Northern Mariana 

Islands, provided that such gasoline meets all of the following requirements:

(a) The gasoline is designated by the refiner or importer as high sulfur gasoline only for use 

in Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands.

(b) The gasoline is used only in Guam, American Samoa, or the Commonwealth of the 

Northern Mariana Islands.

(c) The gasoline is accompanied by documentation that complies with the product transfer 

document requirements of §80.1651(c)(3).

(d) The gasoline is segregated from non-exempt high sulfur gasoline at all points in the 

distribution system from the point the fuel is designated as gasoline only for use in Guam, 

American Samoa, or the Commonwealth of the Northern Mariana Islands, while the fuel 

is in the United States but outside these Territories.

§80.1659 [Reserved]

§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.

(b) Cap standard violation. Produce, import, sell, offer for sale, dispense, supply, offer for 

supply, store or transport gasoline, oxygenate, or ethanol denaturant that does not comply

with the applicable sulfur cap standards under §80.1603, §80.1604, §80.1610, or 

§80.1611.

(c) Causing violating gasoline, oxygenate, or ethanol denaturant to be in the distribution 

system. Cause gasoline, oxygenate, or ethanol denaturant to be in the distribution system 

which does not comply with an applicable sulfur cap standard under §80.1603, §80.1604, 

§80.1610, or §80.1611. 

(d) Oxygenate violation. Starting March 1, 2017, blend into gasoline, RBOB, or CBOB any

oxygenate, including but not limited to denatured fuel ethanol, that has a sulfur content 

higher than 10 ppm.

(e) 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, 
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CBOB, or RBOB which contributes more than 3 ppm to the sulfur content of the finished 

gasoline, CBOB, or RBOB.

(f) Additive manufacturer violation. Introduce an additive with a maximum allowed 

treatment rate of less than 1.0 volume percent into gasoline, CBOB, or RBOB which 

contributes more than 3 ppm to the sulfur content of the finished gasoline, CBOB, or 

RBOB, or introduce more than 1.0 volume percent of any additive other than an 

oxygenate into gasoline, CBOB, or RBOB without complying with all of the 

requirements of Subpart O, including the standards and requirements at §80.1640 that 

apply to refiners producing gasoline by blending blendstocks into PCG. §

(g) Denaturant violation. Cause or contribute to the introduction into commerce of an

ethanol denaturant designated as suitable for the production manufacture of denatured 

fuel ethanol meeting federal quality requirements which does not comply with the 

requirements of §80.1611.

(h) Credit violation. Generate, transfer, or use invalid credits or improperly transfer or use 

credits.

(i) Export violation. Distribute or dispense gasoline intended for export (pursuant to 

§80.1603(b)(3)) for use in the U.S.

(j) Failure to meet a requirement. Fail to meet a requirement that applies to that person 

under this subpart.

§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?

(a) Compliance with the sulfur standards of this subpart O shall be determined based on the 

sulfur level, measured or otherwise determined as applicable using the methodologies 

specified in §§80.47, 80.1630, and 80.1611. Any evidence or information, including the 

exclusive use of such evidence or information, may be used to establish the sulfur level of 

gasoline, ethanol denaturant, or oxygenate if the evidence or information is relevant to 

whether the sulfur level would have been in compliance with the standards if the 

appropriate sampling and testing methodology or other sulfur determination methodology

as applicable had been correctly performed. Such evidence may be obtained from any 

source or location and may include, but is not limited to, test results using methods other 

than those specified in §§80.47 and 80.1630, business records, and commercial 

documents.

(b) Determinations of compliance with the requirements of this subpart other than the sulfur 

standards, and determinations of liability for any violation of this subpart, may be based 

on information obtained from any source or location. Such information may include, but 

is not limited to, business records and commercial documents.
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§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 §80.1660(a) is liable for the violation.

(2) Causing an averaging violation. Any refiner, importer, distributor, reseller, carrier, 

retailer, wholesale purchaser-consumer, oxygenate blender, ethanol denaturant producer, 

or ethanol denaturant importer who causes another party to violate §80.1660(a), is liable 

for a violation of §80.1660(c).

(3) Cap standard violation. Any refiner, gasoline importer, distributor, reseller, carrier, 

retailer, wholesale purchaser-consumer, oxygenate producer, oxygenate importer, 

oxygenate blender, ethanol denaturant producer, ethanol denaturant importer, 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(b).

(4) Causing a cap standard violation. Any refiner, gasoline importer, distributor, reseller, 

carrier, retailer, wholesale purchaser-consumer, oxygenate producer, oxygenate importer, 

oxygenate blender, ethanol denaturant producer, ethanol denaturant importer, 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, or ethanol denaturant 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 to be in the distribution system. Any refiner, gasoline 

importer, distributor, reseller, carrier, oxygenate producer, oxygenate importer, oxygenate 

blender, ethanol denaturant producer, ethanol denaturant importer, additive manufacturer, 

or additive blender who owned, leased, operated, controlled or supervised a facility from 

which gasoline, oxygenate, or ethanol denaturant 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).

(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.
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(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) Causes 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.

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

(a) Any person deemed liable for a violation of a prohibition under §80.1662(a)(3) through 

(a)(10), will not be deemed in violation if the person demonstrates all the following:

(1) The violation was not caused by the person or the person’s employee or agent.

(2) In cases where product transfer document requirements under this subpart apply, the 

product transfer documents account for the fuel found to be in violation and indicate that 

the violating product was in compliance with the applicable requirements while in that 

person’s control; and

(3) The person conducted a quality assurance sampling and testing program, as described in 

paragraph (d) of this section. A carrier may rely on the quality assurance program carried 

out by another party, including the party who owns the gasoline in question, provided that 

the quality assurance program is carried out properly. Retailers and wholesale purchaserconsumers are not required to conduct sampling and testing of gasoline as part of their 

quality assurance programs.

(b) In the case of a violation found at a facility operating under the corporate, trade or brand 

name of a refiner or importer, or a refiner’s or importer’s marketing subsidiary, the 

refiner or importer must show, in addition to the defense elements required under 

paragraphs (a)(1) through (a)(3) of this section, that the violation was caused by any of 

the following:

(1) An act in violation of law (other than the Clean Air Act or this part 80), or an act of 

sabotage or vandalism.

(2) The action of any refiner, gasoline importer, retailer, distributor, reseller, oxygenate 

blender, carrier, retailer or wholesale purchaser-consumer in violation of a contractual 

agreement between the branded refiner or importer and the person designed to prevent 

such action, and despite periodic sampling and testing by the branded refiner or importer 

to ensure compliance with such contractual obligation.

(3) The action of any carrier or other distributor not subject to a contract with the refiner or 

importer, but engaged for transportation of gasoline, oxygenate, or ethanol denaturant 

despite specifications or inspections of procedures and equipment which are reasonably 

calculated to prevent such action.
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(c) Under paragraph (a) of this section, for any person to show that a violation was not 

caused by that person, or under paragraph (b) of this section to show that a violation was 

caused by any of the specified actions, the person must demonstrate by reasonably

specific showings, by direct or circumstantial evidence, that the violation was caused or 

must have been caused by another person and that the person asserting the defense did 

not contribute to that other person’s causation.

(d) To demonstrate an acceptable quality assurance and testing program under paragraph 

(a)(2) of this section, a person must present evidence of all of the following:

(1) A periodic sampling and testing program to ensure the gasoline the person sold, 

dispensed, supplied, stored, or transported, meets the applicable sulfur standard.

(2) On each occasion when gasoline is found not in compliance with the applicable sulfur 

standard:

(i) The person immediately ceases selling, offering for sale, dispensing, supplying, offering 

for supply, storing or transporting the non-complying product; and

(ii) The person promptly remedies the violation and the factors that caused the violation (for 

example, by removing the non-complying product from the distribution system until the 

applicable standard is achieved and taking steps to prevent future violations of a similar 

nature from occurring).

(3) For any carrier who transports gasoline in a tank truck, the quality assurance program 

required under this paragraph (d) need not include periodic sampling and testing of 

gasoline in the tank truck, but in lieu of such tank truck sampling and testing, the carrier 

shall demonstrate evidence of an oversight program for monitoring compliance with the 

requirements of this subpart relating to the transport or storage of gasoline by tank truck, 

such as appropriate guidance to drivers regarding compliance with the applicable sulfur 

standard and product transfer document requirements, and the periodic review of records 

received in the ordinary course of business concerning gasoline quality and delivery.

§80.1664 [Reserved]

§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 (42 U.S.C. 7524) 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 (a)(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 (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 remains any place in the gasoline distribution system.

(2) Any person liable under §80.1662(a)(6) for causing gasoline, oxygenate, or ethanol 

denaturant 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, oxygenate, or ethanol 

denaturant remains any place in the gasoline, oxygenate, or ethanol denaturant

distribution system.

(3) For purposes of this paragraph (c), the length of time the gasoline, oxygenate, or ethanol 

denaturant in question remained in the gasoline, oxygenate, or ethanol denaturant

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, oxygenate, or ethanol denaturant remained in 

the gasoline, oxygenate, or ethanol denaturant 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.

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

refineries.

The provisions of this section apply to certain foreign refiners and importers during the period 

January 1, 2017 through December 31, 2019. After December 31, 2019, foreign refiners are not 

subject to compliance requirements under subpart H of this part, or this subpart O; instead, the 

importer of any foreign-produced gasoline shall be responsible for compliance with the standards 

and requirements of this subpart O that relate to importers. 

(a) Definitions – (1) Foreign small refiner is a foreign refiner that meets the definition of a 

small refiner under §80.1620.

(2) Foreign small volume refinery is a foreign refinery that meets the definition of a small 

volume refinery under §80.1621.

(3) Sulfur-FRGAS, for this subpart, means gasoline produced from January 1, 2017 through 

December 31, 2019, at a foreign refinery of a refiner that has been approved as a small 

refiner or a small volume refinery under §80.1622, and that is imported into the United 

States.

(4) Non-Sulfur-FRGAS means gasoline that is produced at a foreign refinery that has not 

been approved as a small refiner refinery or small volume refinery under §80.1622, 

gasoline produced at a foreign refinery of an approved small refiner or at an approved 

small volume refinery under §80.1622 that is not imported into the United States, and 

gasoline produced at a foreign refinery that is approved during a year when the foreign 
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refiner has opted to not participate in the Sulfur-FRGAS program under paragraph (c)(3) 

of this section.

(5) Certified Sulfur-FRGAS means Sulfur-FRGAS the foreign refiner intends to include in 

the foreign refinery’s sulfur compliance calculations under §§80.195 and 80.205 and does 

include in these compliance calculations when reported to EPA.

(6) Non-Certified Sulfur-FRGAS means Sulfur-FRGAS that is not Certified Sulfur-FRGAS.

(b) Petition for approval of small refiner or small volume refinery status. To be approved for 

small refiner status or small volume refinery status a foreign refiner must submit a 

petition for approval as provided under §80.1622 and this section. If small refiner status 

or small volume refinery status is approved, the foreign refiner may produce gasoline for 

export to the United States, during the period starting January 1, 2017 and ending 

December 31, 2019, that is subject to the sulfur content standards of subpart H of this part 

at §80.195 that were applicable to refiners from 2006 through 2016. A foreign refiner is 

not eligible to generate sulfur credits under subpart H of this part or this subpart O, as this 

occurs through the importer. 

(c) General requirements for foreign refiners approved as small refiners or small volume 

refinery status. A foreign refiner of a refinery that has been approved as a small refiner 

refinery or a small volume refinery must designate all gasoline produced at the foreign 

refinery that is exported to the United States as either Certified Sulfur-FRGAS or as NonCertified Sulfur-FRGAS, except as provided in paragraph (c)(3) of this section. 

(1) In the case of Certified Sulfur-FRGAS, the foreign refiner must meet the sulfur standards 

of subpart H of this part as described in paragraph (b) of this section and the requirements 

of this section.

(2) In the case of Non-Certified Sulfur-FRGAS, the foreign refiner shall meet all the 

following provisions, except the foreign refiner shall substitute the name Non-Certified 

Sulfur-FRGAS for the names “reformulated gasoline” or “RBOB” wherever they appear 

in the following provisions:

(i) The designation requirements in this section.

(ii) The recordkeeping requirements under §80.1653.

(iii) The reporting requirements in §80.1652 and this section.

(iv) The product transfer document requirements in §80.1651 and this section.

(v) The prohibitions in §80.1660 and this section.

(vi) The independent audit requirements under §80.415 and paragraph (h) of this section; and 

the attest engagement provisions of §§80.125 through 80.127, §80.128(a), (b), (c), and 

(g) through (i), and §80.130.

(3)(i) Any foreign refiner that has been approved as a small refiner or whose refinery has been 

approved as a small volume refinery under this subpart O may elect to classify no 

gasoline imported into the United States as Sulfur-FRGAS, provided the foreign refiner 

notifies EPA of the election no later than November 1 of the prior calendar year. 

(ii) An election under paragraph (c)(3)(i) of this section shall meet all of the following 

requirements:

(A) Apply to an entire calendar year averaging period, and apply to all gasoline produced 

during the calendar year at the foreign refinery that is used in the United States.
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(B) Remain in effect for each succeeding calendar year averaging period, unless and until the 

foreign refiner notifies EPA of a termination of the election. The change in election shall 

take effect at the beginning of the next calendar year.

(d) Designation, product transfer documents, and foreign refiner certification. (1) Any

approved foreign small refiner or any foreign refiner having an approved small volume 

refinery under this subpart O must designate each batch of Sulfur-FRGAS as such at the 

time the gasoline is produced, unless the refinery has elected to classify no gasoline 

exported to the United States as Sulfur-FRGAS under paragraph (c)(3)(i) of this section.

(2) On each occasion when any person transfers custody or title to any Sulfur-FRGAS prior 

to its being imported into the United States, it must include all the following information 

as part of the product transfer document information in this section:

(i) Identification of the gasoline as Certified Sulfur-FRGAS or as Non-Certified SulfurFRGAS.

(ii) The name and EPA refinery registration number of the refinery where the Sulfur-FRGAS 

was produced.

(3) On each occasion when Sulfur-FRGAS is loaded onto a vessel or other transportation 

mode for transport to the United States, the foreign refiner shall prepare a certification for 

each batch of the Sulfur-FRGAS that meets all of the following requirements:

(i) The certification shall include the report of the independent third party under paragraph 

(f) of this section, and all of the following additional information:

(A) The name and EPA registration number of the refinery that produced the Sulfur-FRGAS.

(B) The identification of the gasoline as Certified Sulfur-FRGAS or Non-Certified SulfurFRGAS.

(C) The volume of Sulfur-FRGAS being transported, in gallons.

(D) In the case of Certified Sulfur-FRGAS:

(1) The sulfur content as determined under paragraph (f) of this section; and

(2) A declaration that the Sulfur-FRGAS is being included in the compliance calculations 

under §80.205 for the refinery that produced the Sulfur-FRGAS.

(ii) The certification shall be made part of the product transfer documents for the SulfurFRGAS.

(e) Transfers of Sulfur-FRGAS to non-United States markets. The foreign refiner is 

responsible to ensure that all gasoline classified as Sulfur-FRGAS is imported into the 

United States. A foreign refiner may remove the Sulfur-FRGAS classification, and the 

gasoline need not be imported into the United States, but only if:

(1)(i) The foreign refiner excludes the volume and sulfur content of the gasoline from the 

compliance calculations under §80.205.

(ii) The exclusions under paragraph (e)(1)(i) of this section shall be on the basis of the sulfur 

content and volumes determined under paragraph (f) of this section; and

(2) The foreign refiner obtains sufficient evidence in the form of documentation that the 

gasoline was not imported into the United States.

(f) Load port independent sampling, testing and refinery identification. (1) On each 

occasion Sulfur-FRGAS is loaded onto a vessel for transport to the United States a 

foreign refiner shall have an independent third party do all of the following:
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(i) Inspect the vessel prior to loading and determine the volume of any tank bottoms.

(ii) Determine the volume of Sulfur-FRGAS loaded onto the vessel (exclusive of any tank 

bottoms present before vessel loading).

(iii) Obtain the EPA-assigned registration number of the foreign refinery.

(iv) Determine the name and country of registration of the vessel used to transport the SulfurFRGAS to the United States.

(v) Determine the date and time the vessel departs the port serving the foreign refinery.

(2) On each occasion Certified Sulfur-FRGAS is loaded onto a vessel for transport to the 

United States a foreign refiner shall have an independent third party:

(i) Collect a representative sample of the Certified Sulfur-FRGAS from each vessel 

compartment subsequent to loading on the vessel and prior to departure of the vessel 

from the port serving the foreign refinery.

(ii) Prepare a volume-weighted vessel composite sample from the compartment samples, and 

determine the value for sulfur in accordance with the methodology and requirements 

specified in §80.1630, by either of the following:

(A) The third party analyzing the sample.

(B) The third party observing the foreign refiner analyzing the sample.

(iii) Review original documents that reflect movement and storage of the certified SulfurFRGAS from the refinery to the load port, and from this review determine all of the 

following:

(A) The refinery at which the Sulfur-FRGAS was produced.

(B) That the Sulfur-FRGAS remained segregated from all of the following:

(1) Non-Sulfur-FRGAS and Non-Certified Sulfur-FRGAS.

(2) Other Certified Sulfur-FRGAS produced at a different refinery.

(3) The independent third party shall submit a report:

(i) To the foreign refiner containing the information required under paragraphs (f)(1) and (2) 

of this section, to accompany the product transfer documents for the vessel; and

(ii) To the Administrator containing the information required under paragraphs (f)(1) and (2) 

of this section, within thirty days following the date of the independent third party’s 

inspection. This report shall include a description of the method used to determine the 

identity of the refinery at which the gasoline was produced, assurance that the gasoline 

remained segregated as specified in paragraph (m)(1) of this section, and a description of 

the gasoline’s movement and storage between production at the source refinery and 

vessel loading.

(4) The independent third party must do all of the following:

(i) Be approved in advance by EPA, based on a demonstration of ability to perform the 

procedures required in this paragraph (f).

(ii) Be independent under the criteria specified in §80.65(f)(2)(iii).

(iii) Sign a commitment that contains the provisions specified in paragraph (i) of this section 

with regard to activities, facilities and documents relevant to compliance with the 

requirements of this paragraph (f).

(g) Comparison of load port and port of entry testing. (1)(i) Except as described in paragraph 

(g)(1)(ii) of this section, any foreign refiner and any United States importer of Certified 

Sulfur-FRGAS shall compare the results from the load port testing under paragraph (f) of 
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this section, with the port of entry testing as reported under paragraph (o) of this section, 

for the volume of gasoline and the sulfur value.

(ii) Where a vessel transporting Certified Sulfur-FRGAS off loads this gasoline at more than 

one United States port of entry, and the conditions of paragraph (g)(2)(i) of this section 

are met at the first United States port of entry, the requirements of paragraph (g)(2) of 

this section do not apply at subsequent ports of entry if the United States importer obtains 

a certification from the vessel owner, meeting the requirements of paragraph (r) of this 

section that the vessel has not loaded any gasoline or blendstock between the first United 

States port of entry and the subsequent port of entry.

(2)(i) The requirements of this paragraph (g)(2) apply if:

(A) The temperature-corrected volumes determined at the port of entry and at the load port 

differ by more than one percent; or

(B) The sulfur value determined at the port of entry is higher than the sulfur value determined 

at the load port, and the amount of this difference is greater than the reproducibility

amount specified for the port of entry test result by ASTM.

(ii) The United States importer and the foreign refiner shall treat the gasoline as NonCertified Sulfur-FRGAS, and the foreign refiner shall exclude the gasoline volume and 

properties from its gasoline sulfur compliance calculations under §80.205.

(h) Attest requirements. All of the following additional procedures shall be carried out by

any foreign refiner of Sulfur-FRGAS as part of the applicable attest engagement for each 

foreign refinery under §80.415:

(1) The inventory reconciliation analysis under the attest engagement provisions of 

§80.128(b) and the tender analysis under §80.128(c) shall include Non-Sulfur-FRGAS in

addition to the gasoline types listed in §80.128(b) and (c).

(2) Obtain separate listings of all tenders of Certified Sulfur-FRGAS, and of Non-Certified 

Sulfur-FRGAS. Agree the total volume of tenders from the listings to the gasoline 

inventory reconciliation analysis in the attest engagement provisions of §80.128(b), and 

to the volumes determined by the third party under paragraph (f)(1) of this section.

(3) For each tender under paragraph (h)(2) of this section where the gasoline is loaded onto a 

marine vessel, report as a finding the name and country of registration of each vessel, and 

the volumes of Sulfur-FRGAS loaded onto each vessel.

(4) Select a sample from the list of vessels identified in paragraph (h)(3) of this section used 

to transport Certified Sulfur-FRGAS, in accordance with the attest engagement 

guidelines in §80.127, and for each vessel selected perform all of the following:

(i) Obtain the report of the independent third party, under paragraph (f) of this section, and 

of the United States importer under paragraph (n) of this section.

(A) Agree the information in these reports with regard to vessel identification, gasoline 

volumes and test results.

(B) Identify, and report as a finding, each occasion the load port and port of entry parameter

and volume results differ by more than the amounts allowed in paragraph (g) of this 

section, and determine whether the foreign refiner adjusted its refinery calculations as 

required in paragraph (g) of this section.

(ii) Obtain the documents used by the independent third party to determine transportation and 

storage of the Certified Sulfur-FRGAS from the refinery to the load port, under paragraph 

(f) of this section. Obtain tank activity records for any storage tank where the Certified 
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Sulfur-FRGAS is stored, and pipeline activity records for any pipeline used to transport 

the Certified Sulfur-FRGAS, prior to being loaded onto the vessel. Use these records to 

determine whether the Certified Sulfur-FRGAS was produced at the refinery that is the 

subject of the attest engagement, and whether the Certified Sulfur-FRGAS was mixed 

with any Non-Certified Sulfur-FRGAS, Non-Sulfur-FRGAS, or any Certified SulfurFRGAS produced at a different refinery.

(5) Select a sample from the list of vessels identified in paragraph (h)(3) of this section used 

to transport certified and Non-Certified Sulfur-FRGAS, in accordance with the attest 

engagement guidelines of §80.127, and for each vessel selected perform the following:

(i) Obtain a commercial document of general circulation that lists vessel arrivals and 

departures, and that includes the port and date of departure of the vessel, and the port of 

entry and date of arrival of the vessel.

(ii) Agree the vessel’s departure and arrival locations and dates from the independent third 

party and United States importer reports to the information contained in the commercial 

document.

(6) Obtain separate listings of all tenders of Non-Sulfur-FRGAS, and perform all of the 

following:

(i) Agree the total volume of tenders from the listings to the gasoline inventory

reconciliation analysis in §80.128(b).

(ii) Obtain a separate listing of the tenders under paragraph (h)(6) of this section where the 

gasoline is loaded onto a marine vessel. Select a sample from this listing in accordance 

with the guidelines in §80.127, and obtain a commercial document of general circulation 

that lists vessel arrivals and departures, and that includes the port and date of departure 

and the ports and dates where the gasoline was off loaded for the selected vessels. 

Determine and report as a finding the country where the gasoline was off loaded for each 

vessel selected.

(7) In order to complete the requirements of this paragraph (h) an auditor must:

(i) Be independent of the foreign refiner.

(ii) Be licensed as a Certified Public Accountant in the United States and a citizen of the 

United States, or be approved in advance by EPA based on a demonstration of ability to 

perform the procedures required in the attest engagement provisions of §§80.125 through 

80.130, 80.415 and this paragraph (h).

(iii) Sign a commitment that contains the provisions specified in paragraph (h) of this section 

with regard to activities and documents relevant to compliance with the requirements of 

the attest engagement provisions of §§80.125 through 80.130, 80.415 and this paragraph 

(h).

(i) Foreign refiner commitments. Any foreign refiner shall commit to and comply with the 

provisions contained in this paragraph (i) as a condition to being approved for small 

refiner status or small volume refinery status.

(1) Any United States Environmental Protection Agency inspector or auditor will be given 

full, complete and immediate access to conduct inspections and audits of the foreign 

refinery.

(i) Inspections and audits may be either announced in advance by EPA, or unannounced.

(ii) Access will be provided to any location where:

(A) Gasoline is produced;
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(B) Documents related to refinery operations are kept;

(C) Gasoline or blendstock samples are tested or stored; and

(D) Sulfur-FRGAS is stored or transported between the foreign refinery and the United 

States, including storage tanks, vessels and pipelines.

(iii) Inspections and audits may be by EPA employees or contractors to EPA.

(iv) Any documents requested that are related to matters covered by inspections and audits 

will be provided to an EPA inspector or auditor on request.

(v) Inspections and audits by EPA may include review and copying of any documents related 

to all of the following:

(A) Approval of the refiner as a small refiner or approval of the refinery as a small volume 

refinery.

(B) The volume and sulfur content of Sulfur-FRGAS.

(C) The proper classification of gasoline as being Sulfur-FRGAS or as not being SulfurFRGAS, or as Certified Sulfur-FRGAS or as Non-Certified Sulfur-FRGAS.

(D) Transfers of title or custody to Sulfur-FRGAS.

(E) Sampling and testing of Sulfur-FRGAS.

(F) Work performed and reports prepared by independent third parties and by independent 

auditors under the requirements of this section and §80.415, including work papers.

(G) Reports prepared for submission to EPA, and any work papers related to such reports.

(vi) Inspections and audits by EPA may include taking samples of gasoline or blendstock, and 

interviewing employees.

(vii) Any employee of the foreign refiner must be made available for interview by the EPA 

inspector or auditor, on request, within a reasonable time period.

(viii) English language translations of any documents must be provided to an EPA inspector or 

auditor, on request, within 10 working days.

(ix) English language interpreters must be provided to accompany EPA inspectors and 

auditors, on request.

(2) An agent for service of process located in the District of Columbia will be named, and 

service on this agent constitutes service on the foreign refiner or any employee of the 

foreign refiner for any action by EPA or otherwise by the United States related to the 

requirements of this subpart O.

(3) The forum for any civil or criminal enforcement action related to the provisions of this 

section for violations of the Clean Air Act or regulations promulgated thereunder shall be 

governed by the Clean Air Act, including the EPA administrative forum where allowed 

under the Clean Air Act.

(4) United States substantive and procedural laws shall apply to any civil or criminal 

enforcement action against the foreign refiner or any employee of the foreign refiner 

related to the provisions of this section.

(5) Submitting a petition for approval as a small refiner or for small volume refinery status, 

producing and exporting gasoline under such approval, and all other actions to comply

with the requirements of this subpart O constitute actions or activities that satisfy the 

provisions of 28 U.S.C. 1605(a)(2), but solely with respect to actions instituted against 

the foreign refiner, its agents and employees in any court or other tribunal in the United 

States for conduct that violates the requirements applicable to the foreign refiner under 

this subpart O, including conduct that violates 18 U.S.C. 1001 or Clean Air Act section 

113(c)(2) (42 U.S.C. 7413(c)(2)).
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(6) The foreign refiner, or its agents or employees, must not seek to detain or to impose civil 

or criminal remedies against EPA inspectors or auditors, whether EPA employees or EPA 

contractors, for actions performed within the scope of EPA employment related to the 

provisions of this section.

(7) The commitment required by this paragraph (i) must be signed by the owner or president 

of the foreign refiner business.

(8) In any case where FRGAS produced at a foreign refinery is stored or transported by

another company between the refinery and the vessel that transports the Sulfur-FRGAS to 

the United States, the foreign refiner shall obtain from each such other company a 

commitment that meets the requirements specified in paragraphs (i)(1) through (7) of this 

section.

(j) Sovereign immunity. By submitting a petition for approval as a small refiner or approval 

of a small volume refinery under this subpart O and this section, or by producing and 

exporting gasoline to the United States under such an approval under this section, the 

foreign refiner, its agents and employees, without exception, become subject to the full 

operation of the administrative and judicial enforcement powers and provisions of the 

United States without limitation based on sovereign immunity, with respect to actions 

instituted against the foreign refiner, its agents and employees in any court or other 

tribunal in the United States for conduct that violates the requirements applicable to the 

foreign refiner under this subpart O, including conduct that violates 18 U.S.C. 1001 or 

Clean Air Act section 113(c)(2) (42 U.S.C. 7413(c)(2)).

(k) Bond posting. Any foreign refiner must meet the requirements of this paragraph (k) as a 

condition to being approved for small refiner or small volume refinery status.

(l) The foreign refiner shall post a bond of the amount calculated using the following 

equation:

Bond=G×$ 0.01

Where:

Bond = Amount of the bond in U. S. dollars.

G = The largest volume of gasoline produced at the foreign refinery and exported to 

the United States, in gallons, during a single calendar year among the most recent of the 

following calendar years, up to a maximum of three calendar years: the calendar year 

immediately preceding the date the approval petition is submitted, the calendar year the 

approval petition is submitted, and each succeeding calendar year.

(2) Bonds shall be posted by performing any of the following:

(i) Paying the amount of the bond to the Treasurer of the United States.

(ii) Obtaining a bond in the proper amount from a third party surety agent that is payable to 

satisfy United States administrative or judicial judgments against the foreign refiner, 

provided EPA agrees in advance as to the third party and the nature of the surety

agreement.

(iii) An alternative commitment that results in assets of an appropriate liquidity and value 

being readily available to the United States, provided EPA agrees in advance as to the 

alternative commitment.
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(3) If the bond amount for a foreign refinery increases, the foreign refiner shall increase the 

bond to cover the shortfall within 90 days of the date the bond amount changes. If the 

bond amount decreases, the foreign refiner may reduce the amount of the bond beginning 

90 days after the date the bond amount changes.

(4) Bonds posted under this paragraph (k) shall:

(i) Be used to satisfy any judicial judgment that results from an administrative or judicial 

enforcement action for conduct in violation of this subpart O, including where such 

conduct violates 18 U.S.C. 1001 and Clean Air Act section 113(c)(2) (42 U.S.C. 

7413(c)(2));

(ii) Be provided by a corporate surety that is listed in the United States Department of 

Treasury Circular 570 “Companies Holding Certificates of Authority as Acceptable 

Sureties on Federal Bonds and Acceptable Reinsuring Companies” (Available from the 

U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 

3700 East-West Highway, Room 6A04, Hyattsville, MD, 20782. Also available on the 

internet at http://www.fms.treas.gov/c570/c570.html); and

(iii) Include a commitment that the bond will remain in effect for at least five years following 

the end of latest averaging period that the foreign refiner produces gasoline pursuant to 

the requirements of this subpart O.

(5) On any occasion a foreign refiner bond is used to satisfy any judgment, the foreign 

refiner shall increase the bond to cover the amount used within 90 days of the date the 

bond is used.

(l) English language reports. Any report or other document submitted to EPA by any 

foreign refiner must be in English, or must include an English language translation.

(m) Prohibitions. (1) No person may combine Certified Sulfur-FRGAS with any NonCertified Sulfur-FRGAS or Non-Sulfur-FRGAS, and no person may combine Certified 

Sulfur-FRGAS with any Certified Sulfur-FRGAS produced at a different refinery, until 

the importer has met all the requirements of paragraph (n) of this section, except as 

provided in paragraph (e) of this section.

(2) No foreign refiner or other person may cause another person to commit an action 

prohibited in paragraph (m)(1) of this section, or that otherwise violates the requirements 

of this section.

(n) United States importer requirements. Any United States importer shall meet the 

following requirements:

(1) Each batch of imported gasoline shall be classified by the importer as being SulfurFRGAS or as Non-Sulfur-FRGAS, and each batch classified as Sulfur-FRGAS shall be 

further classified as Certified Sulfur-FRGAS or as Non-certified Sulfur-FRGAS.

(2) Gasoline shall be classified as Certified Sulfur-FRGAS or as Non-Certified SulfurFRGAS according to the designation by the foreign refiner if this designation is 

supported by product transfer documents prepared by the foreign refiner as required in 

paragraph (d) of this section, unless the gasoline is classified as Non-Certified SulfurFRGAS under paragraph (g) of this section.

(3) For each gasoline batch classified as Sulfur-FRGAS, any United States importer shall 

perform the following procedures:
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(i) In the case of both Certified and Non-Certified Sulfur-FRGAS, have an independent third 

party:

(A) Determine the volume of gasoline in the vessel.

(B) Use the foreign refiner’s Sulfur-FRGAS certification to determine the name and EPAassigned registration number of the foreign refinery that produced the Sulfur-FRGAS.

(C) Determine the name and country of registration of the vessel used to transport the SulfurFRGAS to the United States.

(D) Determine the date and time the vessel arrives at the United States port of entry.

(ii) In the case of Certified Sulfur-FRGAS, have an independent third party:

(A) Collect a representative sample from each vessel compartment subsequent to the vessel’s 

arrival at the United States port of entry and prior to off loading any gasoline from the 

vessel.

(B) Prepare a volume-weighted vessel composite sample from the compartment samples.

(C) Determine the sulfur value using the methodologies specified in §80.1630, by:

(1) The third party analyzing the sample; or

(2) The third party observing the importer analyzing the sample.

(4) Any importer shall submit reports within thirty days following the date any vessel 

transporting Sulfur-FRGAS arrives at the United States port of entry:

(i) To the Administrator containing the information determined under paragraph (n)(3) of 

this section; and

(ii) To the foreign refiner containing the information determined under paragraph (n)(3) of 

this section.

(5) Any United States importer shall meet the applicable requirements of this subpart O, 

including sulfur content standards specified in §80.1603, for any imported gasoline that is 

not classified as Certified Sulfur-FRGAS under paragraph (n)(2) of this section.

(o) Truck imports of Certified Sulfur-FRGAS produced by a foreign small refiner or foreign 

small volume refinery. (1) Any refiner whose Certified Sulfur-FRGAS is transported 

into the United States by truck may petition EPA to use alternative procedures to meet all 

of the following requirements:

(i) Certification under paragraph (d)(5) of this section.

(ii) Load port and port of entry sampling and testing under paragraphs (f) and (g) of this 

section.

(iii) Attest under paragraph (h) of this section.

(iv) Importer testing under paragraph (n)(3) of this section.

(2) These alternative procedures must ensure Certified Sulfur-FRGAS remains segregated 

from Non-Certified Sulfur-FRGAS and from Non-Sulfur-FRGAS until it is imported into 

the United States. The petition will be evaluated based on whether it adequately addresses 

all of the following:

(i) Provisions for monitoring pipeline shipments, if applicable, from the refinery, that ensure 

segregation of Certified Sulfur-FRGAS from that refinery from all other gasoline.

(ii) Contracts with any terminals and/or pipelines that receive and/or transport Certified 

Sulfur-FRGAS, that prohibit the commingling of such Certified Sulfur-FRGAS with any

of the following:

(A) Other Certified Sulfur-FRGAS from other refineries.

(B) All Non-Certified Sulfur-FRGAS.
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(C) All Non-Sulfur-FRGAS

(iii) Procedures for obtaining and reviewing truck loading records and United States import 

documents for Certified Sulfur-FRGAS to ensure that such gasoline is only loaded into 

trucks making deliveries to the United States.

(iv) Attest procedures to be conducted annually by an independent third party that review 

loading records and import documents based on volume reconciliation, or other criteria, 

to confirm that all Certified Sulfur-FRGAS remains segregated throughout the 

distribution system and is only loaded into trucks for import into the United States.

(3) The petition required by this section must be submitted to EPA along with the application 

for small refiner status or small volume refinery status under §80.1622 and this section.

(p) Withdrawal or suspension of a foreign refinery’s small refiner or small volume refinery

status approval. EPA may withdraw or suspend approval where any of the following 

occur:

(1) A foreign refiner fails to meet any requirement of this section.

(2) A foreign government fails to allow EPA inspections as provided in paragraph (i)(1) of 

this section.

(3) A foreign refiner asserts a claim of, or a right to claim, sovereign immunity in an action 

to enforce the requirements in this subpart O.

(4) A foreign refiner fails to pay a civil or criminal penalty that is not satisfied using the 

foreign refiner bond specified in paragraph (k) of this section.

(q) [Reserved]

(r) Additional requirements for petitions, reports and certificates. Any petition for approval, 

any alternative procedures under paragraph (o) of this section, and any certification under 

paragraph (d)(3) of this section shall be:

(1) Submitted in accordance with procedures specified by the Administrator, including use of 

any forms that may be specified by the Administrator; and

(2) Be signed by the president or owner of the foreign refiner company, or by that person’s 

immediate designee, and shall contain the following declaration:

I hereby certify: (1) that I have actual authority to sign on behalf of and to bind [insert 

name of foreign refiner] with regard to all statements contained herein; (2) that I am 

aware that the information contained herein is being certified, or submitted to the United 

States Environmental Protection Agency, under the applicable requirements of 40 CFR 

Part 80, subparts H and O, and that the information is material for determining 

compliance under these regulations; and (3) that I have read and understand the 

information being certified or submitted, and this information is true, complete and 

correct to the best of my knowledge and belief after I have taken reasonable and 

appropriate steps to verify the accuracy thereof.

I affirm that I have read and understand the provisions of 40 CFR Part 80, subpart O, 

including 40 CFR 80.1666 [insert name of foreign refiner]. Pursuant to Clean Air Act 

section 113(c) and Title 18, United States Code, section 1001, the penalty for furnishing 
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false, incomplete or misleading information in this certification or submission is a fine of 

up to $10,000, and/or imprisonment for up to five years.

§80.1667 Attest engagement requirements. 

In addition to the requirements for attest engagements that apply to refiners and importers under 

§§80.125 through 80.130, 80.1666, and other sections of Part 80 the attest engagements for 

importers and refiners must include the following procedures and requirements each year.

(a) Refiners subject to national standards and Small Refiner and Small Volume Refinery

Status. (1) If the refiner asserts small refinery status or small volume refinery status for 

the refinery, obtain the EPA approval letter for the refinery to determine the refinery’s 

applicable annual average standard and credit generation status.

(2) Determine whether the refinery applied the correct annual average sulfur standard and 

whether it was eligible to generate credits and report the finding.

(3) If the annual average sulfur standard is incorrect or credit generation was inappropriate, 

recalculate compliance using the appropriate sulfur standard and using appropriate credits 

and report as a finding.

(b) EPA reports. (1) Obtain and read a copy of the refinery’s or importer’s annual sulfur 

reports filed with EPA for the year.

(2) Agree the yearly volume of gasoline reported to EPA in the sulfur reports with the 

inventory reconciliation analysis under the attest engagement provisions of §80.128.

(3) Calculate the annual average sulfur level for all gasoline and agree that value with the 

value reported to EPA.

(4) Obtain and read a copy of the refinery’s or importer’s sulfur credit report.

(5) Agree the information in the refinery’s or importer’s batch reports filed with EPA under 

§§80.75 and 80.105, and any laboratory test results, with the information contained in the 

annual sulfur report required under §80.1652.

(c) Credit generation before 2017. In the case of a refinery that generates credits during 

2014 through 2016:

(1) Obtain a written representation from the company representative stating the refinery

produces gasoline from crude oil.

(2) Obtain the annual average sulfur level from paragraph (b)(3) of this section.

(3) Compute and report as a finding the total number of sulfur credits generated, and agree 

this value with the value reported to EPA.

(d) Credit generation in 2017 and thereafter. The following procedures shall be completed 

for a refinery or importer that generates credits in 2017 and thereafter:

(1) Obtain the annual average sulfur level for gasoline from paragraph (b)(3) of this section.

(2) If the sulfur value under paragraph (d)(1) of this section is less than 10 ppm, compute and 

report as a finding the difference between the sulfur level under paragraph (d)(1) of this 

section and 10 ppm.
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(3) Compute and report as a finding the total number of sulfur credits generated, and agree 

this number with the number reported to EPA.

(e) Credit purchases and sales. The following attest procedures shall be completed for a 

refinery or importer that is a transferor or transferee of credits during an averaging 

period:

(1) Obtain contracts or other documents for all credits transferred to another refinery or 

importer during the year being reviewed; compute and report as a finding the number and 

year of creation of credits represented in these documents as being transferred away; and 

agree with the report to EPA.

(2) Obtain contracts or other documents for all credits received during the year being 

reviewed; compute and report as a finding the number and year of creation of credits 

represented in these documents as being received; and agree with the report to EPA.

(f) Credit expiration. A refinery or importer that possesses credits during an averaging 

period must obtain a list of all credits in the refiner’s or importer’s possession at any time 

during the year being reviewed, identified by the year of creation of the credits.

(g) Credit reconciliation. The following attest procedures shall be completed each year 

credits were in the refiner’s or importer’s possession at any time during the year:

(1) Obtain the credits remaining or the credit deficit from the previous year from the refiner’s

or importer’s report to EPA for the previous year.

(2) Compute and report as a finding the net credits remaining at the conclusion of the year 

being reviewed by totaling:

(i) Credits remaining from the previous year; plus

(ii) Credits generated under in an averaging period; plus

(iii) Credits purchased; minus

(iv) Credits sold; minus

(v) Credits used; minus

(vi) Credits expiring; minus

(vii) Credit deficit from the previous year.

(3) Agree the credits remaining or the credit deficit at the conclusion of the year being 

reviewed with the report to EPA.

(4) If the refinery or importer had a credit deficit for both the previous year and the year 

being reviewed, report this fact as a finding.