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Page 1 of 124 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 U SC 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.
**Tab le 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 annuall y 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 Marc h 31 for the preceding year, or part thereof, on forms supplied by

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Page 2 of 124 additive in subpart D of this part, or the later registration of an additive is between October 1 and December 31, n o report will be required for the period to the end of that ye ar. 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** 
**-- [Am**  **ended]**

4. Section 80.2 is amended by : a. Revising the introductory text

. b

. Revising paragraph ( d). c
. Revising paragraph (w). d

. Revising par agraph ( 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 thi s section. * * * * * (d) Previously

certified gasoline , or PCG, means conventional gasoline, reformulated gasoline, RBOB , or CBOB that previousl y has been included in a batch for purposes of complying with the standards of 40 CFR part 80 that a pply to refiners and importers.

* * * * * (w) Cetane index or “ Calculated cetane index ” is a number representing the ignition properties of diesel fuel oils from APIgravity and mid

- boiling point, as determined b y ASTM D976

. * * * * * (z) Aromatic content of diesel fuel is th e aromatic h ydrocarbon 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” dies el fuels as described in ASTM D 975

. * * * * *EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 3 of 124 (vvv) De natured fuel ethanol (DFE) means an alcohol of the chemical formula C 2 H 6 O 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) Ox ygenate producer means any person who owns, leases, operates, controls, or supervises an ox ygenate production facility. (xxx) Ox ygenate production facility means an y facility where ox ygenate including DFE designated as transport ation fuel is produced. (yyy) Ox ygenate importer m eans 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) Ox ygenate 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 addi tion of oxygenate. (bbbb ) Natural gas liquids (NGL) means the components of natural gas (primaril y 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 productio n 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 h ydrocarbon 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 b y blending butane that me ets 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 mean s 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 appl icable sampling and testing requirements. ( ffff ) Blender

- commercial grade pentane means pentane that meets the requirements in §80.86 (a)(3) for pentane for use b y a pentane blen der pursuant to the requirements of §80.85.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 4 of 124 ( gggg) Blender

- non - commercial grade pentane means pentane that meets the requirements in §80.86(a)(4) for pentane for use b y a pentane blender pursuant to the requirements of §80.85. (hhhh ) Ethanol denaturant means previously certified gasoline (including previously certified blendstocks for ox ygenate 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 b y 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 an y 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 operatio n are 8:30 a.m. to 4:30 p.m., Monday through Friday , excluding legal holiday s. 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 avai lable 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_locatio ns.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 Dis tillate Fuels, approved October 1, 2011. (iii) ASTM D1319

- 13, Standard Test Method for Hydrocarbon Ty pes in L iquid 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.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 5 of 124 (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 anal yz ed for Reid Vapor Pressure (RVP) shall be collected and handled according to the applicable procedures speci fied 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 b y reference into this sec tion with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce an y edition othe r 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 holiday s. The telephone number of the EPA/DC Public Reading Room is (202) 566

– 1744, and the telepho ne 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 Inte rnational 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 P ractice for Manual Samp ling 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**
**-- [Am**  **ended]** 6. Section 80.46 is amended by :EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 6 of 124 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 g**  **asoline and conventional gasoline fuel parameters.** (a) * * * (1 ) Through December 31 , 2015 , the sulfur content of gasoline must be determined by ASTM D 2622 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 b y a test method approved under §80.47. (2 ) Through December 31 , 2015 , the sulfur content of butane must be determined by ASTM D6667 or b y 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 wi th 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 , an y 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 o r importer may

determine olefin content using ASTM D6550 for purposes of meeting an y 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.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 7 of 124 (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) F or reporting purposes, the RVP test re sult 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 b e determined b y 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 b y 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 d etermined b y 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 ox ygenate content must be determined using ASTM D5599. Beginning January 1, 2016 , oxygen and oxygenate content may be determined b y a test method approved under §80.47. (2)(i) Through December 31 , 2015 , when ox ygenates 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 an y testing requirement; provided that:

* * * * * (h) Materials incorporated by reference. The published materials identified in this section are incorporated b y 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 an y 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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Page 8 of 124 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 holiday s. 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 a lso 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

. ( i i) ASTM D1319

- 13, Standard Test Method for Hydrocarbon Ty pes in L iquid Petroleum Products by

Fluorescent Indicator Adsorption , approved May 1, 2013

. ( ii i) ASTM D2622

- 10, Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X

- ray Fluorescence Spectrometry , approved February 15, 2010

. (i v ) 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 b y Oxidative Microcoulometry , approved June 1, 2011

. ( v i) ASTM D3606

- 10, Standard Test Method for Determination of Benzene and Toluene in Finished Motor and Avi ation Gasoline by Gas Chromatography , approved October 1, 2010

. ( vi i ) ASTM D4468

- 85 ( Reapproved 2011), Standard Test Method for Total Sulfur in Gaseous Fuels by Hydrogenoly sis and Rateometric Colorimetry , approved November 1, 2011

. ( vii i) ASTM D4815

- 13, Standard Test Method for Determination of MTBE, ETBE, TAME , DIPE, tertiary

- Amyl Alcohol and C 1 to C 4 Alcohols in Gasoline by Gas Chromatograph y , approved October 1, 2013

. (i x ) 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 Deter mination of Total Sulfur in L ight Hydrocarbons, Spark Ignition Engine Fuel, Diesel Engine Fuel, and Engine Oil by Ultraviolet Fluorescence , approved November 1, 2012

. ( x i) ASTM D5599

- 00 (Re approved 2010), Standard Test Method for Determination of Ox ygenates in Gasoline by Gas Chromatograph y and Ox ygen Selective Flame Ionization Detection , approved October 1, 2010

. ( xi i) ASTM D5769

- 10, Standard Test Method for Determination of Benzene, Toluen e, and Total Aromatics in Finished Gasolines b y Gas Chromatograph y/Mass Spectrometry , approved May

1, 2010

. ( xii i) ASTM D6550

- 10, Standard Test Method for Determination of Olefin Content of Gasolines by

Supercritical

- Fluid Chromatograph y , approved October 1, 2010

. ( x i v ) ASTM D6667

- 10, Standard Test Method for Determination of Total Volatile Sulfur in Gaseous Hydrocarbons and L iquefied Petroleum Gases by Ultraviolet Fluorescence , approved October 1, 2010

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Page 9 of 124 ( xv ) ASTM D6920

- 13, Standard Test Method for Total Su lfur in Naphthas, Distillates, Reformulated Gasolines, Diesels, Biodiesels, and Motor Fuels b y Oxidative Combustion and Electrochemical Detection , approved September 15, 2013

. ( xv i) 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. Secti on 80.47 is added to read as follows: **§80.47 Performance** 
**- b**  **ased 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) Perf

ormance - based Analy

tical Test Method Approach means a measurement sy stem based upon established performance criteria for accuracy and precision with use of anal yt ical test methods. As used in this subpart, a measurement s ys tem used by laboratories to demo nstrate that a particular anal yt ical 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 d egree of agreement in a set of measurements performed on the same propert y 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, butan e, or diesel fuel are examples of an absolute fuel parameter. (5) Gravimetric standard means a test material made by adding a carefull y weighed quantity of the anal yt e to a measured quantity of another substance known not to contain any of the anal yt e, res ulting in a solution with an accurately known concentrate of the anal yt e. (6) Consensus named fuels are homogeneous quantities of fuel that have been anal yz ed b y a number of different laboratories (b y 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 facil ity where they

are used in laboratory

quality control efforts and have been anal yz ed using the designated method (either by the facility ’ s lab or b y 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/ox ygenates content of gasoline.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 10 of 124 (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. I f 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) S tatistical quality

control (SQC) means a planned sy stem 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 an d 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 standard s 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 anal yt ical test method that has not been adopted b y 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 §80.160 3, the maximum allowable standard deviation computed from the results of a minimum of 20 tests made over 20 day s (7 or fewer tests per week and 2 or fewer tests per day) on samples using good laboratory practices taken from a single homogeneous commerciall y available gasoline must be less than or equal to 1.5 times the repeatability “r” divided b y 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*(1.7 5ppm/2.77)=0.95 ppm). The 20 results must be a series of tests with a sequential record of analy sis 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 practi ces 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 gasolin e 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 commerciall y available gravimetric sulfur standard in the range of 1

- 10 ppm shall not differ from the accepted reference value (ARV) of the standard b y more than 0.71 ppm sulfur;EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 11 of 124 (ii) The arithmetic average of a continuous series of at least 10 tests performed using good laboratory

practices on a commerciall y 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 interf

erences 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 day s (7 or fewer tests per week and 2 or fewer tests per day) on samples using good laboratory practices taken from a single homogeneous commerciall y available butane must be less than or equal to 1.5 times th e repeatability “r” divided b y 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 analy sis 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 resul ts 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 g ood laboratory

practices on a commerciall y available gravimetric sulfur standard in the range of 1

- 10 ppm shall not differ from the ARV of the standard b y more than 0.47 ppm sulfur; (ii) The arithmetic average of a continuous series of at least 10 tests pe rformed using good laboratory

practices on a commerciall y 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) an d (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 o f 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 gaso line 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 day s (7 or fewer tests per week and 2 or fewer tests per day) on samples using good laboratory

practices taken from a single homogeneous commerciall y available gasoline must be less than or equal to 1.5 times the repeatability “r” divided by

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Page 12 of 124 where “r” equals the ASTM repeatability of ASTM D1319 (Example: A gasoline containing 9V ol% 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 anal ys is and no emissions. A laboratory facility may exclude a given sample or test re sult 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 gasoli ne , 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 day s (7 or fewer tests per week and 2 or fewer tes ts per day) on samples using good laboratory

practices taken from a single homogeneous commerciall y 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 analy sis 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) an d 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 ox ygen 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 commerciall y 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 D 5599 (Example: A gasoline containing 3Mass% total ox ygen: 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 re cord of anal ys is 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 fo r 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.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 13 of 124 (g) Precision criteria for approval of the method defined fuel parameter of Reid Vap or 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 m aximum 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 availa ble 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 D 5191 (Example: A gasoline having a RVP of 6.8psi: maximum allowable standard deviation of 20 tests ≤1.5*(0.2 1psi/2.77)=0.11psi). The 20 results must be a series of tests with a sequential record of anal ys is 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

practic es 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 s tandards of this part, the maximum allowable standard deviation computed from the results of a minimum of 20 tests made over 20 day s (7 or fewer tests per week and 2 or fewer tests per day) on samples using good laboratory

practices taken from a single hom ogeneous commerciall y 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 p oint≤1.5*(3.33°C/2.77)=1.80°C ). The 20 results must be a series of tests with a sequential record of anal ys is 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 deviationEO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 14 of 124 computed from the results of a minimum of 20 tests made over 20 day s (7 or fewer tests per week and 2 or fewer tests per day) on samples using good laboratory practices taken from a single homogeneous commerciall y 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 analy sis 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 ve hicle 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 day s (7 or fewer tests per week and 2 or fewer tests p er day) on samples using good laboratory practices taken from a single homogeneous commerciall y 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 analy sis and no emissions. A laboratory facility may exclu de 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 meth od, 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) Ox ygen and Ox ygenate 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 industryEO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 15 of 124 monthly inter

- laboratory

crosscheck program for at least a period of five months using good laboratory

practices. Specificall y, 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 b y expressing it in robust standard deviation units. These standardized inter

- lab oratory 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 parti cipated 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) Begi nning 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) In clude 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) In clude 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 th at makes the method functional so a person lacking experience with the test instrument would be able to replicate its results. (2) In formation reported in the test method that demonstrates the test method meets the applicable precision information using go od 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

- n amed reference materials that are ty pical of those anal yz ed by the facility

in practice using good laboratory

practices and must meet the data requirements for variability as required in ASTM D6708.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 16 of 124 (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 circumscrib ed 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 ty pes 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

- VCS B 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 effe ct 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 t est 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 t est 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 b y 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 day s. (10) EPA approval. Within 90 day s of the receipt of materials required to be submitted under paragraphs (m)(1) through (9) of this section, the Administrator s hall determine whether the test method is approved under this section. (11) If the Administrator denies approval of the test method, within 90 day s of receipt of all materials required to be submitted in paragraphs (m)(1) through (9) of this section, the A dministrator will notify the applicant of the reasons for not approving the method. If the Administrator does not notify the applicant within 90 day s 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 b y 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 documentsEO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 17 of 124 and shall separatel y identify each item re quired b y 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 an y exception s between the independent third

- part y ’ s findings and the information provided. (i) The information required under this section to be provided by an independent third party must be conducted b y both a professional chemist and professional statistician as sp ecified in paragraph (m)(13)(i)(A) of this section. The verifying chemist and statistician must be: (A) For a refiner, importer, ox ygen ate 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

- part y under this paragraph (m)(13): (A) The third

- part y 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 an y interest in the refiner ’ s, importer ’ s, oxygenate producer ’ s, or ox ygenate blender ’ s business. (C) The refiner, importer, oxygenate producer, or ox ygenate blender shall be free from an y interest in the third

- part y ’ s business. (D) Use of a third

- part y that is debarred, suspended, or pro posed 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 noncom pliance 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 ye ars from the date of creation and shall deliver such records to the Administrator upon request. (iv) The third

- part y 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 facil ity 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. Begi nning 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

facili ty shall conduct tests on every instrument with a commerciall y available gravimetric reference material, or check standard as defined in the ASTM D6299 on at least a quarterl y 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 constru ct “MR” and “I” charts with control lines as described in section 8.4 andEO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 18 of 124 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 materi al 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 b y the facility. Records of the standard reference materials measurements as well as an y 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 on ce 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. An y violations of control limit(s) should be investigated b y 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 faci lity will follow the “Q

Procedure” in Annex 1.9 of ASTM D6299. In following the Q

- Procedure if the plot of results from the old and new QC materials on its respective chart shows no special

- cause signals, then the result of the new QC material will be con sidered 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 Janu ary 1, 2016 , a test shall not be considered a test using an approved test method unless the following quality control procedures are performed separatel y for each instrument used to make measurements: (1) Accuracy

SQC. Every

facility shall conduct tests o f every instrument with a commerciall y available check standard as defined in the ASTM D6299 on at least a quarterl y 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 b y 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 describ ed 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 aEO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 19 of 124 “MR” chart as described in section A1. 5.2. An y violations of control limit(s) should be investigated b y 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 nex t batch of QC material, the facility will follow the “Q

Procedure” in Annex 1.9 of ASTM D6299. In following the Q

- Procedure if the plot of results from the old and new QC materials on its respective chart shows no special

- cause signals, then the result of the new QC material will be considered valid. 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 Non

Voluntary

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 separatel y 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 commerciall y 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 b y 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 stand ard 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

- bac k 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 b y the facility. Records of the standard reference materials measurements as well as an y investigations into any exceedance of these criteria must be kept for a period of 5 ye ars. (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 routinel y anal yz ed by the facility

. The Accepted Referenc e 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 co ntrol 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 b y the facility. Documentation on the identity of the reference installation and its control status must be maintaine d on the premises of theEO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 20 of 124 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 ye ars. (ii) Each facility

is requ ired 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 s uch sample on a blind basis for a required reanal ys is on the respective method

defined non

- VCSB test method within 180 day s upon receipt of such sample. (3)(i) Precision SQC. Every facility shall conduct tests on every instrument with a quality control m aterial 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. An y violations of control limit(s) should be investigated b y personnel of the facility and records kept for a period of 5 years. (ii) Valid ation 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 “Q

Procedure” 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 m aterial will be considered valid. These records must be kept by the facilit y 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 anal ys is 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 b y 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 an y 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 holiday s. 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_regula tions/ ibr_locations.html . In addition, these materials are available from the sources listed below.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 21 of 124 ( 1 ) ASTM International material. The following standards are available from ASTM International , 100 Barr Harbor Dr., P.O. Box C700, West Conshohocke n, 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 M ethod for Hydrocarbon Ty pes in L iquid 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 Chromatogr aph y , 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 Ox ygenates in Gasoli ne by Gas Chromatograph y and Ox ygen 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 Analy tical Measurement Sy stem P erformance , approved October 1, 2013

. (vii) ASTM D6667

- 10, Standard Test Method for Determination of Total Volatile Sulfur in Gaseous Hydrocarbons and L iquefied Petroleum Gases by Ultraviolet Fluorescence , approved October 1, 2010

. (viii) ASTM D6708

- 1 3, 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 S ulfur 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. Revi sing 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.** EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 22 of 124 * * * * * (d) * * * (1) All gasoline produced or imported shall be properly designated as reformulate d 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 ye ar 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 anal yz ed 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 an y of these properties is determined b y the refiner or importer and b y an independent laboratory in conformance with the requirements of paragraph (f) of this section: * * * * * (3) Beginning January 1, 2013, APIGravit y 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, ox ygenate, RVP and sulfur, an y refiner or importer may, prior to analy sis, combine samples of gasoline collected from more than one batch of g asoline o r 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 ye ar, must be limi ted to non

- VOC gasoline, and must be of a single grade of gasoline or of a single ty pe 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 ble ndstock ty pe obtained from continuousEO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 23 of 12 4 processes over a calendar month may be mixed together to form one blendstock sample and the sample subsequently anal yz ed for the required fuel parameters. (iii)(A) Samples shall have been collected and stored using goo d 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 immediatel y 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 volum es, 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 th e shipment in the mixture. (v) The total minimum volume required to perform duplicate anal ys es 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 analy

zed per the methods required unde r §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 anal ys es 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 b y an independent l aboratory that collects and anal yz es 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 ye ar b eginning with the 2014 compliance ye ar , a single annual report for calendar ye ar 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 meet s all provisions of this section for designated independent laboratories.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 24 of 124 (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. ( i ii) The alternate independent laboratory is not used to select a prefe rred test result. * * * * * (i) Exclusion of previously certified gasoline. An y refiner who uses previously certified reformulated gasoline, conventional gasoline, RBOB, or CBOB to produce reformulated gasoline or RBOB must exclude the previously certi fied gasoline for purposes of demonstrating compliance with the standards under §80.41. This exclusion must be accomplished b y 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 N OX 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 p roperties 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 , o r 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) P er - 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 b y multiplying the RVP times the volume.

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Page 25 of 124 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 i n 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 ret ained 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 b y pentane blenders, importer of pentane for use b y pentane blenders, carrier, distributor, reseller, retailer, or wholesale

- purchaser

- consumer who sells, offers for sale, dispenses, supplies, offers for suppl y, stores, blends, transports, or causes the transportation of an y reformulated gasoline, RBOB, or pentane for use b y pentane blenders shall maintain records containing the following information: (1) The product transfer documentation for all reformulated ga soline, 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 b y pentane blenders, in addition to the records specified in paragraph (a)(1) of th is 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 complianc e 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 properti es 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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Page 26 of 124 11. Section 80.75 is amended by : a
. Revising the introductory text. b. R evising paragraph (a)

. c
. R emoving and reserving paragraph (b). d

. R evising paragraph (c)(1) introductory text

. e
. Revisin g paragraph (d). f

. Revising paragraph s (e) introductory text and ( e)(1). g
. Revising paragraph (g) introductory text. h

. R evising paragraph (h) introductory text. i

. R evising paragraph (i). j

. R emoving and reserving paragraph (k). k

. R evising paragraph (l). l

. Revising paragraph (m). m
. R evising paragraph (o). n
. Adding paragraph (p). **§80.75 Reporting**  **r equirements** 
**.** Any refiner, gasoline importer , producer of pentane for use b y a pentane blender, and importer of pentane for use b y a pentane blender shall report as specified in this section, and shall report such other information as the Administrator may require. (a) Quarterl y reports for reformulated gasoline. An y 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 RB OB was produced and for all such reformulated gasoline or RBOB imported b y 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 quarterl y report s hall 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 ye ar
. (ii) The second quarterl y 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 ye ar
. (iii) The third quarterly report shall include information for reformulated gasoline or RBOB produced or imported from July 1 through September 30, and sh all be submitted by December 1 of each ye ar
. (iv) The fourth quarterl y 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 ye ar. (2) All of the following information shall be included in each quarterl y 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.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 27 of 124 (iv) The grade of gasoline produced (i.e., premium, mid

- grade, or regular). (v) For an y 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 an y importer, the PADD in which the import facility is located. (vii) [Reserved] (viii) In the case of an y previously certified gaso line 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) Id entification 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 re formulated gasoline or RBOB under §80.82, all of the following: (A) Id entification of the butane batch as complying with the provisions of §80.82. (B) Id entification 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 subseq uent to the butane blending

. (x) In the case of an y 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) Id entification of the pentane batch as compl yi ng with the provisions of §80.85

. (B) Id entification of the pentane batch as commercial or non

- comme rcial grade pentane

. (C) The batch number of the pentane

. (D) The compan y 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 pe ntane batch

. ( G ) The properties of the pentane batch specified b y 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) In formation pertaining to gasoline produced or imported during 1994 shall be included in the first quarterl y report in 1995. (b) [Reserved] (c) * * *EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 28 of 124 (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 quarterl y 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)(i v) . 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 cont ent standards on average (“averaged reformulated gasoline”) shall submit to the Administrator, with the fourth quarterl y report, a report for each refinery

or importer for such averaged reformulated gasoline that was produced or imported during the previou s 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 an y refiner, refinery

or importer not subject to the applicable standards at §80.41(f)(1), the report required b y 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 quarterl y 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) NO X emissions performance averaging reports. Pursuant to §80.41(f)(2), for an y refiner, refinery or importer not subject to the applicable standards at §80.41(f)(1), the report required b y this paragraph (g) is not required beginning January 1, 201 4

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Page 29 of 124 (h) Credit transfer repo rts. As an additional part of the fourth quarterl y report required b y 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. An y refiner that produced an y reformulated gasoline that was to meet any reformulated gasoline standard on average (“averaged reformulated gas oline”) 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 reformul ated 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 i s achieved on a per - gallon basis, the refiner or importer shall submit to the Administrator, by March 3 1 of each ye ar, 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 r equired by § 80.65(h) to the Administrator by June 1 of each ye ar
. * * * * * (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 reformulate d gasoline or RBOB under §80.82 or §80.8 5 , the refiner shall submit to the Administrator, by

March 3 1 of each ye ar, 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 , separatel y 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 b y pentane blenders. An y p roducer of pentane for use b y pentane blenders, or importer of pentaneEO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 30 of 124 for use b y 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 fo r each facility at which pentane for use b y pentane blenders was produced and for all su ch pentane imported b y each importer

. (1) All the following information shall be included in each annual report for each batch of pentane for use b y pentane blenders wh ich is produced or imported from January 1 to December 31 of each ye ar: (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, h ydrogen, oxygen, nitrogen, and sulfur. (vii) For an y 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 ye ar.

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 an y reformulated gasoline, RBOB, or pentane for use by a pentane blender other than when gasoline is sold or dispensed fo r 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 pe ntane blender which is being transferred; (d) The location of the gasoline or pentane for use b y a pentane blender at the time of the transfer;

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Page 31 of 124 (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 an y batch of gasoline or blender grade pentane, shall constitute a separate violation for each and every standard that is violated.

* * * * * (d)(1)(i) An y violation of any per

- gallon standard or of an y per - gallon minimum or per

- gallon maximum, other than the standards speci fied 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 sy stem , 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 an y 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 ti me 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 day s; unless the respective part y or EPA demonstrates by reasonabl y specific showings, b y 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 day s.

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Page 32 of 124 14. Section 80.82 is amended to read as follows : **§80.82 Butane blending.** A refiner for an y 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 blen ds 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 s pecified in paragraph (c) of this section, or the properties specified b y 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 specif ied b y 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 applicab le 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. 4 7, 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.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 33 of 124 (d) Non

- commercial grade butane is defined as butane for which tes t results demonstrate the butane has a ll 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 w ith 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 accompan y 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 co nventional 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 onl y 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 par agraphs (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 Janu ary 1, 2017 and thereafter.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 34 of 124 (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 re sults 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 b y 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 cop y of the butane s upplier ’ 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 an y of the requirements of this paragraph (i) are not met, in whole or in part for any butane blended into gasoli ne, 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: **§8 0.85 Pen**  **tane blending.** A refiner for an y 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 f rom a registe red pentane suppli er which demonstrate that the pentane is blender

commercial grade, as defined in §80.86(a)(3) , may demonstrate compliance with the standards in this part based on the properties specified in §80.86(a)(3) , or th e properties specified b y the pentane supplier , provided that the refinery does all of the following : ( 1) Obtains a cop y of the pentane supplier’s test results at the time of each transfer of pentane to the pentane blend er 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 pentan e obtained from each separate pentane supplie r using test procedures that have been approved by the Administrator which demonstrates that the pentane has the properties specified inEO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 35 of 124 §80.86(a)(3). Samples and tests the pentane received from each pentan e 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 b y the refiner to assure that an adequate quality assurance program is imp lemented to ensure that blender

- commerci al grade pentane will not be contaminated in transit to the refinery

. (b) Any refiner that blends pentane for which the r efiner has product transfer documents from a registered pentane suppli er which demonstrate that the pentane is blender

- non commercial grade, as defined in §80.86(a)(4) , may demonstrate compliance with the standards in this part based on the properties specified in §80.86(a)(4) , or th e properties specified b y the pentane supplie r, provided that the refinery does all the following : ( 1) Obtains a cop y 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 r equirements of §80.86(a)(4). ( 2 ) Conducts a quality assurance program of sampling and testing the pentan e obtained from each separate pentane supplie r using test procedures that have been approved by the Administrator which demonstrates that the pentane ha s 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 pent ane received, or one sample every three months, whichever is more frequent. (3) Enters into a contract with all parties who transport or sto re blender

- non - commercial grade pentane for use b y 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 i s 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 bat ch of conve ntional 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 accompan y 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

- no n - commercial grade pentane as separate batches.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 36 of 124 ( 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 fo r the refinery

. (h) If an y 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 implem ent 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 full y compl y with all applicable requirements of this p art 80, including the sampling and testing requirements applicable to refiners who produce gasoline b y adding blendstocks to PCG

.

16. Section 80.86 is amended to read as follows: **§80.86 Requir**  **e ments for producers and importers of pentane used by pentane blenders** 
**.** Producers and importers of pentane may de signate batches of pentane as blender grade pentane suitable for use b y 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 pe ntane must meet the standards for blender

- commercial grade pentane or blender

non - commercial grade pentane. (3 ) For blender c ommerci al grade pentane, the producer or importer must conduct anal yt ical testing to on each production batch to demonstrate compl iance 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 an d 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 - c ommerci al grade pentane, the producer or importer must conduct anal yt ical 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.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 37 of 124 (i ) Olefins ≤10.0 vol%. (ii ) Aromatics ≤2.0 vol%. (iii ) B enzene ≤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 f or use b y pentane blenders must register with EPA pursuant to the requirements of this paragraph (b). (1 ) Registration dates. An y producer or importer of pentane for use b y pentane blenders must register with EPA at least thirty day s in advance of the first date that such person will produce or import pentane for use b y pentane blenders

. (2 ) R egistration 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 te lephone number of the producer of pentane for use by pentane blenders. (ii) For eac h separate facility that will produce pentane for use b y pentane blenders , the facility name, phy sical location, contact name, telephone number, and type of facility. (iii) For eac h separate facility that will produce pentane for use b y pentane blenders : (A) Whether records are kept on

- site or off

- site of th e refinery

. (B) If records are kept off

- site, the primary

off

- site storage facility

name, phy sical 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 quali ty 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 th at 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 b y pentane blenders , and a facility registr ation number for each product ion 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 b y pentane blenders shall submit updated r egistration information to the Administrator within thirty day s of any occasion when the registration information previously supplied becomes incomplete or inaccurate. (3 ) R egistration for importers of pentane for use by pentane blenders

. (1) Registrati on 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.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 38 of 124 (ii) For each importer ’ s o perations 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, phy sical 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 b y pentane blenders shall submit updated registration information to the Administrator within thirty day s 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 i t ships from its facility which c ontains the statement in paragraph (c)(1) or (c)(2) o f this section as applicable

. (1) “ Blender commercial grade pentane for use by pentane blenders ”

. (2) “ Blender non - commercial grade pentane for use by pentane blender s ”

. (3 ) PTDs that are compl i ant with the requirements in paragraph (c) of this section must be transferred from each party trans ferring pentane for use by pentane blenders to each party that receives pentane for use by pentane blenders through to the pent ane 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 p roduced or imported at a pentane production or import facility shall be assigned a number (the “batch number”), consisti ng of the EPA

- assigned registration number, the EPA facility registration number, the last two digits of the ye ar in which the batch was produced, and a unique number f

or 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**  **.**EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 39 of 124 (a) Prohibited acts

. (1) No person shall produce , import, sell, distribute, offer for sale or distribution, blend , supply, offer for suppl y, store, transport, or cause the transportation of any product designated as pentane for use b y p entane blenders unless : (i) Each gallon of such pentane for use b y pentane blenders meets the applicable standards specified in §80. 86 ; and (ii) The product transfer documentation for such pentane for use by pentane blenders compli es 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 an y other requirements of §80.86. (4) Cause another person to commit an act in violation of par agraph (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, of fers for sale or distribution, blends, supplies, offers for supply , stores, transports, or causes the transportation of any product designated as pentane for use b y pentane blenders that violates §80.86 is liable for the violation. (2) Any

person that cau ses another part y 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 b y the joint owners, or a facility that is committed by

the joint venture operation or an y 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 t esting 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 an y location on or after [INSERT DATE 60 DAYS AFTER PUBLICATION IN THE FEDERAL REGI STER ]. (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 ec onomic 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.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 40 of 124 (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 distribut ion system is deemed to be twenty

five day s, unless a person subject to liability or EPA demonstrates by reasonably

specific showings, b y direct or circumstantial evidence, that the non

- complying pentane or gasoline remained in the distribution system for fewer than or more than twenty

- five day s. (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 unfulfill ed.
**Subpart E**

**— [**  **Am ended]**  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 anal yz ing 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 paramet er 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

. * * * * *EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 41 of 124 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 r**  **equirements.** (a) * * * (5) All th e 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 an y previously certified gasoline used in a refinery operation un der the terms of §80.101(g)(9), all the following information relative to the previously certified gasoline when received at the refinery : (A) Id entification of the previously certified gasoline as such. (B) The batch number assigned by the receiving refin ery
. (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) Id entification of the butane batch as complying with the provisions of §80.82. (B) Id entification 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 b y the butane supplier, along with identification of the test method used to measure those properties , or the properties specified i n §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) Id entification of the pentane batch as compl yi ng with the provisions of §§80.85 and 80.86

. (B) Id entification of the pentane batch as blender

- commercial grade or blender

- non commercial grade pentane

. (C) The batch number of the pentane

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Page 42 of 124 (D) The date of production of the gasoline produced using the penta ne
. (E) The volume of the pentane batch

. (F) The properties of the pentane batch specified b y 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 an y imported GTAB, identification of the gasoline as GTAB. * * * * * (7) For refiners that blend any butane with conventional gasoline under §80.82, or an y 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 appl y to conve ntional gasoline under this s ubpart E, along with the test methods used to determine compliance with the downstream standards that apply to conventional gasoline under this s ubpart E

. (iv) A statement that all butane blended with conventiona l 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 t otal 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 appl y 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 conv entional 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 t o the Administrator of EPA, by June 1 of e ach 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 ye ar for the prior calendar ye ar averaging period; and

* * * * *
**Subpart G**
**-- [Amended]** EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 43 of 124 19. S ection 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 an y 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 p erformance 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 (p ursuant 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 correspond ing test results (percent flow restriction demonstrated in the fuel injector test and milligrams of deposit per valve demonstrated in the IVD test). * * * * *EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 44 of 124 (d) * * * (1) If a detergent blender possesses deposit control performance test results as speci fied 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 actuall y 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 Deterg ent 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 an y grade of gasoline, with or without an oxygenate component. * * * * *

21. Section 80.164 i s 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.**EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 45 of 124 This section specifies the deposit control test requirements and performance standards which must be met in order to cer tify 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 day s 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 f low 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 t esting. 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 b y 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 **Federa l 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 Const itution 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 holiday s. 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 h ttp:// 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 Internat ional, 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

.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 46 of 124 (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. Se ction 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 und er §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 alte rnative national generic certification option in §80.163(a)(1)(iii) will generall y 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 p arameters 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 dete rgent 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 performanc e 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 part y within 30 days of receipt of a written request from EPA for su ch records.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 47 of 124 (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 Dy

namometer Evaluation of Unleaded Spark

- Ignition Engine Fuel for Intake Valve Deposit Formation , ” approved June 1, 2009, is incorporated b y reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR p art 51. To enforce an y 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 C7 00, 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/ D C) 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 holiday s. The telephone number of the EPA/DC Public Reading Ro om 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, c all 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 bloc k 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 s ys tem with the fuel to be tested and installing new injectors, an automatic starter control s ys tem 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 star t/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 n aturally 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) Lo cation

. A temperature

- controlled garag e or large room is needed. A dyn amometer is not needed, since this test is an idle test. The roomEO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 48 of 124 temperature shall be maintained in the range of 68

- 75°F. The room shall be equipped with an exhaust sy stem 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 reco mmended) 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 recommende d that the charger be installed permanentl y on the vehicle and remain plugged in while the test is in progress. (viii) Starter Controller. A s ys tem is needed to start the engine automaticall y and then shut it off after exactl y five minutes of running. A commercial after

- market remote starting sy stem connected to a timer or computer can be used, or a one

- of

- a - kind sy stem can be designed and built. (ix) Tech 2 Anal yz er. A General Motors Tech 2 anal yzer, part number GM3000094, available from Kent

- Moore, sha ll be used to conduct the injector balance test. (x) Fuel Pressure Gauge. A fuel pressure gauge capable of measuring fuel sy stem pressure to the nearest 1 psi over the range of 45 to 65 psi, shall be used with the Tech 2 anal yz er when conducting the injec tor 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 replacem ent. (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. C heck the cooling sy stem 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 b lock. 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 b y the controller as needed to mai ntain 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.)EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 49 of 124 (iii) Thermocouples. Install a 1/16

- inch Ty pe 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 over

temperature 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 Sy stem Flush. Drain the fuel from the fuel sy stem through the service port on the fuel rail at the back of the engine. Refuel with a non

- deterg ent gasoline containing between 5 and 10 percent ethanol. Drive the vehicle for approximately 100 miles to thoroughl y expose all parts of the fuel s ys tem to the fuel. The fuel pump and fuel filters should not be replaced unless there is a problem with th em 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 sy stem 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 m aintained 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 sectio n must be performed b y 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) Driv e the vehicle for approximately 20 miles at speeds up to approximately 50

- 60 mph. Approximately

every 5 miles, stop the vehicle and moderatel y accelerate. If the radiator covering is still in place, watch the temperature gauge during the driving and avoi d overheating the engine. This step not only flushes the fuel s ys tem but also helps remove carbon (if an y) from the spark plugs and water from the exhaust sy stem. (iv) Drain the fuel from the vehicle and add approximately 1 to 2 gallons of the fuel to be tested.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 50 of 124 (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 minut es to be sure it runs properl y. (viii) Park the vehicle in the location where the test will be run. (ix) Connect the vehicle tail pipe to the building exhaust sy stem. (x) Depending on the design of the starter control s ys tem, remove fuses and relay s 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 b ypass sw itch 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, relay s, and wires to their standard configuration for normal operation of the vehicle. (xvi) Connect the Tech 2 anal yzer to th e 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 b y following the instructions on the Tech 2. The injector balance tes t 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 s ys tem. Then it pulses the injector for a preset interval. If the injector and poppet nozzle are working properl y, the fuel system pressure will decrease graduall y and smoothly by about 8 to 10 psi during the pulsing. If the pressure does not decrease, or decreases very

suddenl y but then stops decreasing before the pulsing is done, the po ppet 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 procedur es and standards.**  (a) General requirements. This section provides specifications for the test fuels required in conjunction with the alternative national generic certification option de scribed 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 distillat ion 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 asEO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 51 of 124 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 ox ygenate compounds) which are commonly blended into gasoli ne 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 sati sfied 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 requi rements for commercial gasoline described in ASTM D4814

. (b) Test fuel for intake valve deposit testing

. This paragraph p rovides 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 f rom fluid cataly

tic 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 b y a commercial gasoline refiner and meet the following criteria: (A) The F CC gasoline must be designated b y 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 heav y FCC gasoline is used, heav y FCC gasoline must co ntribute at least 50 percent of the sulfur in the mixture. Heav y FCC gasoline must meet all the following criteria: ( 1 ) The heav y FCC gasoline must be designated by the commercial refiner as heav y FCC gasoline. ( 2 ) The heav y 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 de rived 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 f rom conversion units downstream of distillation. Butanes and pentanes may be used for vapor pressure adjustment. The use of chemical grade streams is prohibited.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 52 of 124 (2) [Reserved] (c) Test fuel for fuel injector deposit testing : This paragraph provides sp ecifications 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 demons tration 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 h ydrocarbon 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 specifie d 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 a s 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 b y 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 holiday s. 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 De natured 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 Automo tive Spark

- Ignition Engine Fuel , approved December 1, 2013

. (2) [Reserved]EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 53 of 124 **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 metho d 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 80.34 0 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 onl y 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 theEO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 54 of 124 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 blender

grade pentane the refiner blends into g asoline for purposes of calculating compliance with the standards in §§80.195 and 80.216. (2) If an y 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 gas oline 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) Subm itted 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 ea ch ye ar 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 an y denatured fuel ethanol with a sulfur content higher than 10 ppm. * * * * *EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 55 of 124 **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, 201 4 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 b y §80.513(f). * * * * * (10) F or the purposes of this subpart, on an y 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 purchaser** 
****

**consumers of Motor Vehicle, NR, LM and NRLM diesel fuel and heating oil beginni**  **ng June 1, 2010?**

* * * * * (a) From June 1, 2010 through November 30, 2014, any retailer or wholesale purchaser

consumer 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 ty pe, and printed in a color contrasting with the background, to each pump stand: UL TRA

- LOW SULFUR HIGHWAY DIESEL FUEL(15 ppm Sulfur Maximum)

Requir ed 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:EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 56 of 124 **§80.573 What labeling requirements apply to retailers a**  **nd wholesale purchaser**
 

** consumers 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): UL TRA

- LOW S ULFUR NON

- HI GHWAY DIESELFUEL (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. WARNI NG 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 purchaser** 
****

**consumers 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 ty

pe, 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

. WARNI NG 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 p rohibited except as allowed by 40 CFR part 1043. (2) The labels required b y 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 tw o - thirds of the pump, in a location where they are clearl y visible. (b) Alternative labels to those specified in paragraph (a) of this section may be used as approved b y EPA. (1) For US Mail : U.S. EPA, Attn: Diesel Sulfur Alternative Label Request, 6406J , 1200 Pennsylvania Avenue, NW, Washington, DC 20460. (2) [Reserved]EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 57 of 124 35. Sectio n 80.580 is amended by revising paragraph (e) to read as follows : **§80.580 What are the sampling and testing methods for sul**  **fur?**

* * * * * (e) Materials incorporated by reference. The published materials identified in this section are incorporated b y 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 an y edition other than that specified in this section, a document must be published in the **Federal Register** and the mate rial 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 holiday s. The telepho ne 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.htm l

. 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 b y Wavelength Dispersive X

- ray Fluorescence Spectrometry , approved February 15, 2010

. (ii) ASTM D4294

- 10 , Standard Test Method for Sulfur in Petroleum and Petroleum Pro ducts by Energy Dispersive X

- ray Fluorescence Spectrometry , approved February 15, 2010

. ( iii ) ASTM D5453

- 12, Standard Test Method for Determination of Total Sulfur in Li ght 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 b y Oxidative Combustion and Electrochemical Detection , approved September 15, 2013

. (2) [Reserved]

36. Section 80.585 is amended by revising paragraph (d)(4) to r ead 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 an y test method under paragraph (b) of this section shall be valid for five ye ars from the date of approval by the Administrator. After the five year period hasEO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 58 of 124 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 contai ned in §80.584(a) and (b). If, however, the test method is later approved b y 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 EP A by September 1 each ye ar 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 paragra ph (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 th e 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) Ox ygenate added to PCG downstream of the r efinery 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 re quirements of §80.1238(b). On an y occasion where an y 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 ox ygen ate in an y compliance calculations or for credit generation under this subpart. * * * * *

39. Section 80.1238 is amended by revising paragraph (b)(1) to read as follows:EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 59 of 124 **§80.1238 How is a refinery’s or importer’s average benzene concentration determined?**

* * * * * (b) * * * (1) For ox ygenate 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 theox ygenate 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 a**  **nd 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 requ irements 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 p ositive 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 o f 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 an y PCG that it in cludes 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

neg ative annual average value must be reported as zero.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 60 of 124 (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 para graph (a)(5) of this section, a refiner who produces gasoline b y blending one or more blendstock s 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 rec eipt 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 appl y 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 complyingwith the requirements of this subpart L , excep t 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 §80.4 7

.

42. A new §80.1349 is added to subpart Lto 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

c omply 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?**EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 61 of 124 * * * * * (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 th e maximum average benzene concentration. * * * * * (d) * * * (2) Submitted to EPA by March 31 each ye ar for the prior calendar ye ar averaging period. * * * * *
**Subpart M** 
**-- [Am**  **ended]** 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 t o 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 report s for the previous compliance period shall be submitted by March 31 of each ye ar , except as provided in paragraph (a)(1)(xiv) of this section, and shall include all of the following information: * * * * * (f) * * * (2) Quarterl y reports shall be submitt ed 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.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 62 of 124 **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 ye ar, each part y 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 [Reserv ed] 80.1607 Gasoline sulfur standards and requirements for transmix processors and transmix

blenders. 80.1608 [Reserved] 80.1609 Ox ygenate b lender requirements. 80.1610 Standards and requirements for producers and importers of denatured fuel ethanol

and o ther ox ygenates designated for use in transportation fuel

. 80.1611 Standards and requirements for certified ethanol denaturant

. 80.1612 [Reserved]EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 63 of 124 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 re finery 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 Gasolin e, RBOB, and CBOB s ample 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 appl y to importers who

transport gasoline b y truck. 80.1642 Sampling and t esting requirements for producers and importers of denatured fuel

ethanol and other ox ygenates for use b y ox ygenate blenders

. 80.1643 Sample retention requirements for producers and imp orters of denatured fuel

ethanol. 80.1644 Sampling and t esting 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 retenti on requirements for producers and importers of denaturant

designated as suitable for the manufacture of denatured fuel ethanol meeting federal quality

requirements

. 80.164 6

— 80.1649 [Reserved] 80.1650 Registration. 80.1651 Product transfer document requirem ents. 80.1652 Reporting requirements for gasoline refiners , gasoline importers, oxygenate producers, and ox ygenate importers

. 80.1653 Recordkeeping. 80.1654 California gasoline requirements. 80.1655 National security exemption. 80.1656 Exemptions for g asoline 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 E vidence 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]EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 64 of 124 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 fo r 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 e thanol (DFE) m eans an alcohol of the chemical formula C 2 H 6 O 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 (includi ng previously certified blendstocks for ox ygenate 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 Tobac co 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 Comm onwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Is lands (collectivel y 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).EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 65 of 124 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 su bpart, 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) Ox ygenates 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 onl y in sanctioned racing events, provided that: (i) Product transfer documents associated with such gasoline, and any pump stand from which such gasol ine 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 compl etely 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 vehicle s 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 appl y 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 imp orted by any refiner or importer is required to compl y with the standards and requirements under this subpart O.
**§80.1603 Gasoline sulfur standards for refiners and importers.** EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 66 of 124 (a) Sulfur standards. (1) Annual average standard. (i) The refinery or imp orter 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). (i ii) The refinery

or importer annual average gasoline sulfur standard is the maximum average sulfur level allowed for gasoline produced at a refinery or imported b y an importer during each calendar ye ar beginning January 1, 2017, except as provided b y the f ollowing: (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 par agraph (a)(2)(i) of this section is the maximum sulfur level allowed for an y batch of gasoline produced at a refinery or imported b y 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) Cal culation 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 prod uced 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 impo rted 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.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 67 of 124 (d) Ox ygenate 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 ox ygenate ad ded to r eformulated gasoline, RBOB, conventional gasoline, or CB OB, the refiner or importer shall calculate the sulfur content of the batch b y volume weighting the sulfur content of the conventional gasoline or CBOB and the sulfur content of the added ox ygenate pursuant to the requirements of this paragraph (d). (i) The sulfur content of an y reformulated gasoline, RBOB, conventional gasoline, or CBOB shall be determined b y 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) Testin g the sulfur content of a sample of the ox yg enate 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 samp le of the ox ygenate that was blended with the batch of gasoline or BOB. (B) If the ox ygenate 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 denature d 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). (v i ) Any

reformulated gasoline, RBOB, convent ional gasoline , or CBOB must meet the per

gallon sulfur standard of paragraph (a)(2) of this section prior to calculating any dilution from the ox ygenate added downstream. (vii) The reported volume of the batch is the combined volume of the reformulated ga soline, RBOB, conventional gasoline, or CBOB and the downstream added ox ygenate. (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 require ments 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 ox ygenate to such product, it shall not include the volume and sulf

ur content of the ox ygenate in an y 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 ref inery 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.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 68 of 124 (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 b y a refinery or importer with the gasoline sulfur annual average standard at paragraph (a)(1) of this section is achi eved if, for calendar ye ar 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 f or ye ar 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 rep orting 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 tot al 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 p eriod 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 an y downstream location shall be determined in accordance with the provisions of this section. A downstream location is any point in the gasoline distribution sy stem downstream from refineries and import facilities, including, but not limited to, facilities of an y of the following parties: (1) Distributors. (2) Carriers. (3) Ox ygenate blen ders. (4) Retailers. (5) Wholesale purchaser

- consumers.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 69 of 124 (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 De ficit 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 ye ar following the year the standard is not met, the refinery or importer must: (i) Achieve compliance with the annual average sulfur st andard in §80.1603(a)(1); and (ii) Use additional sulfur credits sufficient to offset the compliance deficit of the previous ye ar. (b) The compliance deficit value shall be calculated in accordance with §80.1603(f)(3).
**§80.1606 [Reserved]**
**§80.1607 Ga soline 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 requirement s 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, compl y with all requirements and standards that appl y to a refiner under this subpart O, and must meet the downstr eam sulfur standards under §80.1604 for the gasoline produced b y 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 theEO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 70 of 124 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 ye ar 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 m et: (A) Sampling and testing b y 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 int o 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 fo r every 500,000 gallons of blendstock received or one sample every 3 months, whichever results in more frequent sampling. (iii) If an y of the requirements of paragraph (d)(1)(ii) of this section are not met, in whole or in part, for an y 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 proced ures 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 b y blending blendstock into TGP, and determine its volume. (iii) Calculate the sulfur content and the volume of the bat ch b y 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 b y 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 b y 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 theEO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 71 of 124 gasoline produced b y blending transmix and previously certified gasoline and the endpoint standard specified in §80.84. (f) Any

transmix processor or transmix blender who adds an y feedstock to its transmix other than gasoline, distillate fuel, or gaso line 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) O xygenate 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 th e 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 s ection, 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 compl y 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 oxygenat es**  **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 fue l must comply with the following requirements: (a) Standards. (1) The sulfur content must not be greater than 10 ppm. (2) The DFE or other ox yge nate must be composed solely of carbon, h ydrogen, nitrogen, oxygen and sulfur. (3) In the case of DFE, onl y pr eviously certified gasoline (including previously certified blendstocks for ox ygenate 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.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 72 of 124 (c) PTDs. Inaddition 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 inf ormation: (1) For DFE, “ D enatured fuel ethanol , maximum 10 ppm sulfur. ”; or (2) For ox ygenates other than DFE, The name of the spe cific ox ygenate must be identified on the PTD , followed b y “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 ox ygenate to each party that rece ives oxygenate through to the ox ygenate 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 ox ygenate producer or importer registration number, the EPA facility registration number, the last two digits of the ye ar in which the batch was p roduced, 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

– 00000 1, 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 manuf acture 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 gr eater 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, h ydrogen, nitrogen, ox ygen and sulfur. (3) Only previously

certified gasoline (includi ng 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.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 73 of 124 (c) PTDs. In addition to any other product transfer document requirements under this part 80, on each occasion when an y person transfers c ustody or title to any

ethanol denaturant designated as suitable for the production of DFE meeting federal quality requirements up stream o f 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 manuf acture of denatured fuel ethanol meeting EPA stand ards. ”

. (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 mu st be clearl y 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 b y 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”), consisti ng 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 ye ar 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 me et 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) T he 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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Page 74 of 124 (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 blendst ock 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) Ox ygenate s subje ct to the 10 ppm per

- gallon sulfur standard and the requirements of §80.1610 are not subject to the provisions of this section. On an y occasion where the additive blender is solel y acting as an ox ygenate 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 followin g 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, producer s or blenders of ethanol and other ox ygenates, 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 §80.16 03(a) shall be calculated annuall y for each applicable averaging period according to the following equation (pursuant to §80.310) : CR a = V a × (S Credit − S a) Where: CR a = Credits generated for the averaging period.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 75 of 124 V a = Total annual volume of gasoline produced at a refinery or imported during the averaging period. S Credit =30.00 ppm. S a = Actual annual averag e 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 S a must be less than 30.00. (c) Credit generation beginning Janua ry 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 compl yi ng with the annual average standards of §80.1603(c)(1) shall be calculated annuall y for each applicable averaging period according to the following equation: CR a = V a × (10 − S a) Where: CR a = Credits generated for the averaging period for use in complying with the annual average standards of §80.16 03(a). V a = Total annual volume of gasoline prod uced at a refinery

or imported during the averaging period. S a = 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 S a 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 (S a) less than 30.00 ppm but greater than 10.00 ppm, the equation specified in para graph (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 (S a) 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 §80.16 03(c)(1) and the following equation for compl yi ng with the annual average standards of subpart H of this part: CRT2 = V a × (20.00) Where: CRT2 = Credits generated for the averaging period for use in compl yi ng with the annual average standards of subpart H of this part onl y. V a = 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 CRT 2 = 20 ppm

- volume credits (30

- 10)).EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 76 of 124 (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 value s of CR a and CRT2 shall be rounded to the nearest ppm

- ga llon in accordance with the rounding procedure specified in §80.9. ( g ) A refiner or importer that include s downstream added ox ygenates in its RFG or conventional gasoline volume under the provisions of §§80.69 and 80.101(d)(4), respectivel y 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) Onl y refiner s and importers may generate, use, transfer or own credits g enerated under this subpart O. (2) CR a cr edits 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 ) CR a cr edits 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 p aragraph (b) of this section. (5) Cr edits generated under §80.1615(c) may onl y 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) Credi t life. ( 1 ) E xcept as provided in paragraph (b)(2) of this section, credits are valid for use for five ye ars from the year in which they are generated. (2) C redits generated under §80.1615(b) through (d) are valid for use for five years from the ye ar in which they

are generated, except that any CR a credits generated in 2015 and 2016 and an y remaining CRT2 credits w ill 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.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 77 of 124 (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 b een transferred between EPA registered companies more than twice. The first transfer b y 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 transfer ee 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 compan y are unlimited. (v) The credit transferor must apply an y credits necessary

to me et 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 su pply to the transferee records i ndicating 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 ge nerated the credits). (2) In the case of credits that have been calculated or created improperl y, 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

properl y 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 s tandard at the end of the compliance ye ar, 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 onl y be tra ded 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 an y 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 b y processing crude oil through refinery processing units. (2) Employed an average of no more than 1,5 00 people, based on the average number of employees for all pay

periods for calendar ye ar 2011 for all subsidiary companies, all parent companies, all subsidiaries of the parent companies, and all joint venture partners.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 78 of 124 (3) Had a corporate

- average crude o il 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 se ction shall be determined as follows: (1) The refiner shall include the employees and crude oil capacity of an y subsidiary companies, an y parent company and subsidiaries of the parent compan y in which the parent has 50 percent or greater ownership, and any joint venture partners. (2) For an y refiner owned b y 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 ye ar 2011, may

apply for small refi ner 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 compan y s ale or reorganization. (3) Importe rs. (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 refine ry processing units, employ s 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 un der paragraph (f)(4) of this section. If such disqualification occurs, the refiner shall notify EPA in writing no later than 20 day s 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 refin er may

appl y 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 inc lude detailed technical information supporting the need for additional time. EPA will base a decision to approve additional time on information provided b y the refiner and on other relevant information.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 79 of 124 (4) Disqualification under this paragraph (f) of thi s 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 an y 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 b y processing crude oil through refinery processing units. (2) The average aggregate daily cr ude oil throughput, including feedstocks derived from crude oil, for the calendar year 2011 (as determined by dividing the aggregate throughput for the calendar ye ar by

the number of day s in the calendar year) does not exceed 75,000 barrels. Throughput me ans 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 st arted 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 b y 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 compan y l ocations for the period January 1, 201 2 through December 31, 201 2

. (ii) The average number of employees at each location, based on the number of employees for each pay

period for the period January 1, 201 2 through December 31, 201 2

. (iii) The ty

pe of business activities carried out at each location.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 80 of 124 (iv) For joint ventures, the total number of emplo ye es 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 In formation Administration (EIA) of the U.S. Department of Energy (DOE), for the period January

1, 201 2 through December 31, 201 2 . The information submitted to EIA is pres umed to be correct. In cases where a compan y disagrees with this information, the compan y 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 s ection must send the total corporate crude oil capacity of each refinery

for the period January

1, 201 2 through December 31, 201 2 , to the address listed in paragraph (g) of this section. (3) The application must be signed b y the president, chief operating or chief executive officer of the compan y, or his/her designee, stating that the information is true to the best of his/her knowledge, and that the compan y owned the refinery as of December 31, 201 2

. (4) Name, address, phone number, facsimi le 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 appl yi ng 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 feedsto ck 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, 201 2 through December 31, 201 2 . The information submitted to EIA is presumed to be correct. In cases where a compan y 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 appl yi ng for small volume refinery approval under this section must sen d 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, 201 2 throu gh December 31, 201 2 , to the address listed in paragraph (g) of this section. (3) The application must be signed b y the president, chief operating or chief executive officer of the compan y, or his/her designee, stating that the information is true to the best of his/her knowledge, and that the compan y owned the refinery as of December 31, 201 2

. (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 liste d in paragraph (g) of this section.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 81 of 124 (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 day s following the disqualifying event. (2) Disqualification under this paragraph (e) shall not apply in the case of a me rger 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 day s following the acquisiti on. (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 o f 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 addre ss : 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 on e 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 hards hip 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 b een disapproved or is otherwise unsuccessful, documents supporting the basis for that disapproval and evidence of efforts to pursue other means of financing.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 82 of 124 (ii) A detailed analy sis 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 i nability 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 futur e, 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 an y 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 analy sis of the reasons the refinery is unable to use cre dits 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 an y sulfur reductions that can be achieved from current levels. (ix) Th e date the refiner anticipates compliance with the standards in §80.1603 can be achieved at its refinery

. (x) An anal ys is 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 §80.1 603 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 cou ld 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 v iolation 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.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 83 of 124 (v) The refiner or importer pay s 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 applicatio n 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 Pennsylvan ia Avenue, NW., Washington, DC 20460.
**§§80.1626**

**— 80.162**  **9 [Reserved]** 
**§80.1630 Sampling and testing re quirements 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 f rom 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 p rovided 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 ) E xcept 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 b y the president, chief operating officer or chief executive officer of the company, or his/her designee, statingEO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 84 of 124 that the information contained in the submission is true to the best of his/her belief must accompan y an y submission un der 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 o r 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 day s 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 secti on, in whole or in part, at an y 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 an y 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 paragr aph (a) of this section, refiners , gasoline importers , and producers and importers of certified ethanol denaturant shall sample each batch of gasoline b y 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 producer s 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 pp m. (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 s**  **ample retention requirements.** (a) Sample retention requirements. Beg inning 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:EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 85 of 124 (1) Collect a representative portion of each sample analyzed under §80.1630, of at lea st 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 day s for any

given sample. (3) Comply

with the gaso line 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 retai ned sample portion to EPA, within 2 working day s of the date of the request, by an overnight shipping service or comparable means, to the address and following procedures specified b y EPA, and accompanied with the sulfur test result for the sample determin ed under §80.1630. (b) Sample retention requirement for samples subject to independent anal ys is requirements. (1) An y refiner or importer who meets the independent anal ys is requirements under §80.65(f) for an y 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 b y 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 accuratel y reflect the facts and must be signed and dated b y the same person who si gns 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 Ifurther certify that the procedures meet the requirements of the ASTM procedures required under 40 CFR 80.1630. (d) Requirements for refiners who anal yz e composited samples. Prior to January 1, 2017, for purposes of compl yi ng 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 compl ying with the requirements of this section for RBOB, a sample of each RBOB batch p roduced must be retained.
**§80.1640 Standards and requirements that apply to refiners producing gasoline by blending blendstocks into**  **previously certified gasoline ( PCG** **)**
**.**EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 86 of 124 (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 i n 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 calcul ations 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 produc t for purposes of sulfur compliance in the refinery ’ s compliance calculations at §80.1603 without regard to the presence of previousl y certified gasoline in the batch. (5) The refiner must use an y 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 prod ucing 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 blen dstock 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 appli es 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 onl y butane into PCG may meet the samplin g and testing requirements of this subpart O for sulfur b y using sulfur test results of the butane supplier, provided that the requirements of §80.82 are met. (d) Refiners who blend onl y blender grade pentane into PCG may meet the sampling and testing re quirements of this subpart O for sulfur by usi ng 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

compl y with the following requirements instead of the requirements to sample and test every batch of gasoline underEO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 87 of 124 §80.1630, and the annual sulfur average and per

- gallon cap standards o therwise 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 b y §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 tr ucks 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, respectivel y. (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 diff erent 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, respectivel y. (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 = A STM 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 termi nal, 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 b y 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 day s after the sample was taken, copies of all results of tests conducted.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 88 of 124 ( 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 audi tors conducting attest engagements under §80.1667, must be given full and immediate access to the truck

loading terminal and an y laboratory at which samples of gasoline collected at the terminal are anal yz ed, and must be allowed to conduct inspections, rev iew 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 b y §80.1652 regarding annual average sulfur content and compliance with the average standard under §80.1603. (i) Effect of noncompliance. If an y of the requirements of this section are not met, all gasoline imported b y 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 day s 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 a nd 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 b y 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

. Produc ers and importers of ox ygenates for use b y 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 metho ds specified in §80. 8 or §80. 47

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Page 89 of 124 (b) Determination of oxygenate sulfur content

. Producers and importers of oxygenates must test each batch of ox ygenate they produce or import to determine its sulfur content to the nearest ppm us ing 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 paragr aph (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 §80.161 1. 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, 2 017, an y producer or importer of oxygenate shall do all of the following: (1) Retain a representative portion of eac h 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 exce ed 90 day s 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 Administrato r ’ s authorized representative; andEO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 90 of 124 (ii) Ship a retained sample portion to EPA, within 2 working day s of the date of the request, by an overnight shipping service or comparable means, to the address and following procedures specified b y 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 test**  **ing requirements for producers and importers of certified** 

**ethanol denaturant .**  (a) Sample and test each batch of certified ethanol denaturant

. (1) Pro ducers 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 th is subpart prior to the ethanol denaturant leaving the production or import facility, using the sampling an d testing methods provided in this section or §§80.8 (sampling) and 80.47 (testing). (2) T he requirements of this section apply beginning January

1, 2017 or on the first day that an ethanol denaturant manufacturer designates a batch of ethanol d enaturant 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 meas uring 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 measur e the sulfur content of certified ethanol denaturant they produce or import. Alternative test methods may be used as approved b y the Administrator. (2 ) The s ulfur content of each batch of ethanol denaturant shall be reported to the nearest ppm.
**§ 80.164**  **5 Sample retention requirements for producers and importers of denatur**  **ant**

**designated as suitable for the manufacture of denatured fuel ethanol meeti ng**  **federal quality requirements**
**.** Beginning January

1, 2 017, or on the first day that any producer or importer of ethanol denaturant designate s 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:EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 91 of 124 ( a) Retain a representative po rtion of eac h 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 exce ed 90 day s 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 day s of the date of the request, by an overnight shipping service or comparable means, to the address and following procedures specified b y E PA, and accompanied with the sulfur test result for the sample determined under §80.1644

.

**§§80.164 6** 
**- 80.1649 [Reserved]** 
**§80.1650 Registration.** The following registration requirements appl y 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) Ox ygenate producer or importer having an y ox yg enate production facility or import facility subject to the oxygenate sulfur standards under §80.1610

. (3) Ox ygenate blender who has an y ox ygenate 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 ox ygenate blender under §80.76

. (4) Producer or importer of certified

. (b) Registration dates. (1) Any gasoline refiner or importer required to register shall d o so by December 1, 2016 , or at least 30 day s 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 import er intends to generate credits prior to January

1, 2017 (pursuant to §80.1615), registration must occur at least 90 day s prior to submitting an annual compliance report demonstrating credit generation

. (2) Any

oxygenate producer or impo rter required to register shall do so b y November 1, 2016 , or at least 60 day s in advance of the first date that such person will produce or import oxygenate, whichever is earlier

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Page 92 of 124 (3) Any

oxygenate blender required to register shall do so by November 1, 2016 , or at least 90 day s 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 N ovember 1, 2016, or at least 60 day s 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 b y the A dministrator, 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, phy sical location, contact name, e

- mail ad dress, 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, phy sical 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 anal ys is 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) An y refiner shall submit updated registration information to the Administrator within thirty day s of any

occasion when the registration information previousl y 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 day s in advance of such change. (d) Gasoline importer registration. (1) Registration shall be on forms and use procedures prescribed b y 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 re gistered address or off

- site. (B) If records are kept off

- site, the primary

off

- site storage facility

name, phy sical location, contact name, e

- mail address, and telephone number. (C) For importers that import reformulated gasoline and/or RBOB, the name, ad dress, contact name and telephone number of the independent laboratory used to meet the independent anal ys is requirements of §80.65(f). (2) EPA will supply

a company

registration number to each importer. This registration number shall be used in all repor ts to the Administrator. (3) Updates to registration

– (i) An y importer shall submit updated registration information to the Administrator within thirty day s of an y occasion when the registration information previously

supplied becomes incomplete or inac curate; except thatEO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 93 of 124 (ii) EPA must be notified in writing of an y change in designated independent laboratory under paragraph (d)(1)(ii)(C) of this section at least thirty day s in advance of such change. (e) Ox ygenate producer registration. (1) Registratio n shall be on forms and use procedures prescribed b y 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 ox ygenate production facility, the facility name, ph ys ical location, contact name, telephone number, and type of facility

. (iii) For each separate ox ygenate 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, phy sical 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 ox ygenate produ ction facility that is identified. These registration numbers or those provided under §80.1450 shall be used in all reports to the Administrator. (iv) The ty

pe and chemical composition of the oxygenate. (3) Any

oxygenate producer shall submit updated regi stration information to the Administrator within thirty day s of any

occasion when the registration information previously

supplied becomes incomplete or inaccurate. (f) Ox ygenate importer registration. (1) Registration shall be on forms and use procedure s prescribed b y 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 record s 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, phy sical location, contact name, e

- mail address, and telephone number. (iii) The ty

pe and chemical composition of the ox yge nate. (2) EPA will supply

a company

registration number to each importer. This registration number shall be used in all reports to the Administrator. (g) Ox ygenate 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 ox ygenate blending facility, the facility name, ph ys ical location, contact name, telephone number, and type of facility

. (iii) For each separate ox ygenate 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 facil ity

name, phy sical location, contact name, e

- mail address, and telephone number. (iv) The ty

pe and chemical composition of the oxygenate.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 94 of 124 (2) EPA will supply

a company

registration number to each oxygenate blender, and a facility registration number for ea ch ox ygenate 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 day s 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 telephon e number of the ethanol denaturant producer. (ii) For each separate ethanol denaturant production facility , the f acility name, phy sical 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 re cords are kept off

- site, the primary

off

- site storage facility

name, phy sical location, contact name, and telephone number. (2) EPA will supply

a company

regis tration number to each ethanol denaturant producer, and a facility registration number for each e thanol 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 day s 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 b y 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

- si te at the registered address or off

- site. (B) If records are kept off

- site, the primary

off

- site storage facility

name, phy sical location, contact name, e

- mail address, and telephone number. (2) EPA will supply

a company

registration number to each importe r. This registration number shall be used in all reports to the Administrator.
**§80.1651 Product transfer document requirements.** (a) Gasoline, RBOB, CBOB, and ox ygenates. In addition to any other product transfer document requirements under 40 CFR part 80, o n each occasion that an y 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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Page 95 of 124 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 ox ygenate 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, o n each occasion when an y 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, an y of the following statements must be included on the product transfer do cument: (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 exe mption 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 onl y 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 §80.16 54, “California gasoline”. (c) Gasoline a dditive

. On each occasion when an y 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 i n 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 an y 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 §80.16 11, the transferor shall provide to the transferee documents wh ich 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 th e 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 b y EPA consiste nt with the requirements of §80.16 11. (7) In formation on the sulfur content of the ethanol denaturant, as applicable, pursuant to the requirements of §80.16 11.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 96 of 124 (e) Ox ygenate

. On each occasion when an y 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 ox ygenates other than DFE, the name of the specific oxygenate must be id entified on the PTD , followed b y “ 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. 16 10

. **§80.1652 Reportin**  **g 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 averag ing period thereafter, any gasoline refiner or importer shall submit to EPA annual reports that contain the information required in this section, and an y other information as EPA may require. Beginning with the 2017 calendar ye ar and continuing each calen dar year thereafter, an y 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. R eporting shall be on forms and use procedures prescribed by th e 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 infor mation: (1) The EPA importer, or refiner and refinery facilit y 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) T he 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) Separatel y provided information for credits, and se paratel y b y ye ar 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.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 97 of 124 (iv) If an y 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 th e 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 batc h 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 de termined 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, 20 17 through December 31, 2019, an y 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 Sul fur

FRGAS imported during an annual averaging period: (1) The EPA refiner and refinery registration numbers of each foreign refiner and refinery where the Certified Sulfur

- FRGAS was produced. (2) The total gallons of Certified Sulfur

- FRGAS and Non

- Certifie d Sulfur

- FRGAS imported from each foreign refiner and refinery , reported to one decimal place. (c) Ox ygenate 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 f or each calendar ye ar period that includes all the following information: (1) The EPA oxygenate importer, or producer and producer facility registration numbers. (2 ) The total volume of ox yg enate produced or imported, reported to the nearest whole number. ( 3 ) For each batch of ox ygenate produc ed or imported during the calendar ye ar , 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) T he sulfur content of the batch, reported to two decimal places.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 98 of 124 (v) For ox ygenates other than denatured fuel ethanol, the identification of the test method used to determine the sulfur content of the bat ch pursuant to the r equirements 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 t o 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, ox ygenate 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 submitte d to the Administrator by June 1 of each ye ar 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, 20 17 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 cont ain 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 originall y printed b y the testing apparatus, or where no printed result is produced, the results as originall y 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 an y 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:EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 99 of 124 (i) The batch volume. (ii) The batch number assigned under §80.65(d)(3) and the appropriate design ation 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 §80.16 55, exempt gasoline for research and development under §80.1656, or for export outside the United States. (v) The test methodology used. (2) In formation regarding credits, separatel y kept according to the ye ar of creation; and for credit generation or use starting in 2014. Information shall be kept separately for each ty pe 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 numbe r of credits generated. (iii) The number of credits used. (iv) If an y 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 cop y of all reports submitted to EPA under §80.1652. (6) In the case of parties who process transmix, records of an y sampling and testing re quired 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 represe nted 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 ox ygenate produced or imported b y ox yg enate producers and importers: (1) The date the batch was produced

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Page 1 00 of 124 (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. 16 42. ( 6 ) If the sulfur content of the batch was determined by analy tical 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 p erson who performed the test. (iii) T he results o f the test as originall y printed b y the testing apparatus, or where no printed result is produced, the results as originall y recorded by the person who performed the te st. (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) T he 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. 16 42(c ), the records in this paragraph (d)( 7 ). (i) The name and title of the person who calculated the sulfur content o f 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 originall y printed b y the testing apparatus, or where no printed result is produced, the results as originall y re corded 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) T he test methodology used. (v ) The sulfur content of the den aturant(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 o f ox ygenates 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 standardsEO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 101 of 124 in § 80.1610 (whichever is e arlier), all parties that take custody of ox ygenate

– from the oxygenate producer through to the ox ygenate blender

– must keep a cop y of the product transfer document for each batch of ox ygenate. (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 des ignated 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 fo llowing 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 loc ation, 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 originall y printed b y the testing apparatus, or where no printed result is produced, the results as originall y 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 re sult recorded under paragraph (f)(5 ) of th is 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) Rec ords 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 rateEO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 102 of 124 (i) Records that parties who take custody of gasoline additives in the gasoline additive distribution system must keep. Beginning January 1, 2017 a ll parties that take custody of gasoline additives for bulk addition to gasoline from the p roducer through to the party that ad ds 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 a ddition to gasoline in the vehicle fuel tank. ( 1 ) T he 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 gasoli ne. ( j ) Length of time records must be kept. The records required under this subpart O shall be kept for five ye ars from the date they were created; except in the following cases: (1 ) Transfers of credits. Except as provided in paragraph (f)(2) of thi s 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, wh ichever is later. (2) C redits generated prior to January 1, 2017

. (i) Where the party generating the credits does not transfer the credits, records must be kept for five ye ars from the date of creation, use, or termination, whichever is later. (ii) Whe n c redits generated prior to January 1, 2017 are transferred, records relating to such credits shall be kept b y the transferor for five ye ars from the date the credits are transferred; and shall be kept by the transferee for five years from the date the credi ts were transferred, used, or terminated, whichever is later. ( k) Make records available to EPA. On request b y 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 A dministrator ’ 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 b y 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 sy stem. (3) Designated California gasoline must ultimately be used in the State of California and not used elsewhere.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 103 of 124 (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 wh om 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 transfer ee. (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 b y paragraph (b)(5)(i) of this section for a period of five ye ars from the date of creation and shall deliver such documents to the Administrator or to th e 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 an y 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 t esting 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 o f 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 prop erties of gasoline as specified under §80.65(e)(1) at offsite tankage provided that: (A) The samples are properl y 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) [Reserv ed]
**§80.1655 National security exemption.**EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 104 of 124 (a) The standards of §80.1603 do not apply to gasoline that is produced, imported, sold, offered for sale, supplied, offered for suppl y, stored, dispensed, or transported for use in any of the following: (1) Tac tical 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 overse a s), need to be fueled on the same gasoline as the vehicles, engines, or equipme nt 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 gas oline 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 securit y 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 b y 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 reas onable in scope. (4) Have a degree of control consistent with the purpose of the program and EPA ’ s monitoring requirements. (c) In formation 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.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 105 of 124 (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 beg inning 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, str eet 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 pump s 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 w ill 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 b y 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 no t 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 b y 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, an y emission control sy stems or elements of design which are damaged or rendered inoperative shall be replaced on vehicles remaining in serv ice, or the responsible person will be liable for a violation of the Clean Air ActEO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 106 of 124 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 exempt ion. 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 b y the applicant and the Administrator (or dele gate), 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 sy stems. (1) The volume of fuel subject to the ap proval 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 ye ars from the date of approval, whichever occurs first, and may onl y be extended upon re

- application consistent will all requirements of this section. (3) EPA may

elect at an y time to review the information contained in the request, and where appropriate may

notify the respo nsible 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 mon itoring 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 an y information requir ed 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 th e part y 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 day s after completion of the research and develop ment 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.**EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 107 of 124 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 us e 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 f or use in Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands. (b) The gasoline is used onl y in Guam, American Samoa, or the Commonwealth of the Northern Mariana Is lands. (c) The gasoline is accompanied by documentation that complie s 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 onl y for use in Guam, Ameri can 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 d oes not comply with the applicable sulfur cap standards under §80.1603, §80.1604, §80.1610 , or §80.161 1

. (c ) Causing violating gasoline , oxygenate, or ethanol denaturant to be in the distribution sy stem. Cause gasoline , oxygenate, or ethanol denaturant to be in the distribution system which does not comply

with an applicable sulfur ca p standard under §80.1603, §80.1604, §80.1610 , or §80.161 1

. ( d) Ox ygenate 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,EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 108 of 124 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 c ontent 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 requirem ents 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 eth anol denaturant designated as suitable for the production manufacture of denatured fuel ethanol meeting federal quality requirements which does not comply w ith the requirements of §80. 1611

. (h) Credit violation. Generate, transfer, or use invalid cre dits or improperl y 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 . An y 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 correctl y 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, b usiness 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 an y source or location. Such information may include, but is not limited to, business records and commercial documents.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 109 of 124 **§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, wholes ale purchaser

- consumer, oxygenate blender , ethanol denaturant producer, or ethanol denaturant importer who causes another part y 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, ox ygenate producer, oxygenate importer, oxygenate blender, ethanol denaturant producer, ethanol denaturant importer, additive manufacturer, or additive blender who owned, leased, ope rated, 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 sup pl y, 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

. An y 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 sy st em. An y refiner, gasoline importer, distributor, reseller, carrier, ox ygenate 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 sy stem 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 reasonabl y specific showing b y direct or circumstantial evidence, that the carrier caused the v iolation. (8) Ox ygenate 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) Addit ive blender violation. Any additive blender who violates §80.1660(f) is deem ed liable for the violation. (11) Credit violation. Any refiner or importer who violates §80.1660(h) is liable for the violation.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 110 of 124 (12) Parent corporation liability

. An y parent c orporation is liable for any violations of this subpart that are committed by an y 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 severall y liable for any violation of this subpart that occurs at the joint venture facility or facilit y owned b y the joint owners, or is committed by

the joint venture operation or any of the joint owners of the facility

. (b) Persons liable f

or 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 do cument 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) Th e person conducted a quality assurance sampling and testing program, as described in paragraph (d) of this section. A carrier may rel y 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 purchaser

consumers 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 paragraph s (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 an y 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 an y carrier or other distributor not subject to a contract with the refiner or importer, but engaged for transportation of gaso line, oxygenate, or ethanol denaturant despite specifications or inspections of procedures and equipment which are reasonabl y calculated to prevent such action.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 111 of 124 (c) Under paragraph (a) of this section, for any person to show that a violation was not cause d by that person, or under paragraph (b) of this section to show that a violation was caused b y an y of the specified actions, the person must demonstrate by reasonably specific showings, b y direct or circumstantial evidence, that the violation was caused o r 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 gasoli ne is found not in compliance with the applicable sulfur standard: (i) The person immediatel y ceases selling, offering for sale, dispensing, supplying, offering for supply , storing or transporting the non

- complyingproduct; and (ii) The person promptl y rem edies the violation and the factors that caused the violation (for example, by

removing the non

- compl yi ng product from the distribution sy stem until the applicable standard is achieved and taking steps to prevent future violations of a similar nature from occurring). (3) For an y 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 a nd 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 qualit y 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 violat ion. (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 eve ry day in the averaging period. An y 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.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 112 of 124 (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 non

complying gasoline remains any place in the gasoline distribution sy stem. (2) Any

person liable under §80.1662(a)(6) for causing gasoline , oxygenate, or ethanol den aturant 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 d enaturant 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 day s, unless a person subject to liability or EPA demonstrates b y reasonabl y specific showings, b y direct or circumstantial evidence, that the non

- complying gasoline , oxygenate, or ethanol denaturant remained in the gasoline , oxygenate, or ethanol denaturant distribution sy stem 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 an y 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 ye ar when the foreignEO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 113 of 124 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 inc lude 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 standard s 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) Gener al 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 fore ign refinery that is exported to the United States as either Certified Sulfur

- FRGAS or as Non

Certified 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 sulf ur 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 refine r 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. (i v) 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 paragra ph (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 s mall 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 un der paragraph (c)(3)(i) of this section shall meet all of the following requirements: (A) Apply

to an entire calendar year averaging period, and appl y to all gasoline produced during the calendar ye ar at the foreign refinery that is used in the United Stat es.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 114 of 124 (B) Remain in effect for each succeeding calendar ye ar 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 an y foreign refiner having an approved small volume refinery under this subpart O must designate each batch of Sulfur

- FRGAS as such at the tim e 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) Id entification of the gasoline as Certified Sulfur

- FRGAS or as Non

- Certified Sulfur

FRGAS. (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 refi ner 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 a dditional 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 Sulfur

FRGAS. (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 Sulfur

FRGAS. (e) Transfers of Sulfur

- FRGAS to non

- United States markets. The foreign refiner is responsible to ensure that all gasoline cl assified 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 forei gn 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 ves sel for transport to the United States a foreign refiner shall have an independent third party do all of the following:EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 115 of 124 (i) Inspect the vessel prior to loading and determine the volume of any tank bottoms. (ii) Determine the volume of Sulfur

- FRGAS loaded o nto the vessel (exclusive of an y 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 Sulfur

FRGAS 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, b y either of the following: (A) The third party analyzing the sample. (B) The third party o bserving the foreign refiner anal yzing the sample. (iii) Review original documents that reflect movement and storage of the certified Sulfur

FRGAS 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 informatio n required under paragraphs (f)(1) and (2) of this section, within thirty day s 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 th e 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) ofEO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 116 of 124 this section, wi th 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 an y gasoline or blendstock between the first United States port of entry

and the subsequent port of entry

. (2)(i) The requirements of this paragra ph (g)(2) appl y if: (A) The temperature

- corrected volumes determined at the port of entry and at the load port differ b y 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 p ort, 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 Non

Certified Sulfur

- FRGAS, and the f oreign 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

- FRGA S as part of the applicable attest engagement for each foreign refinery

under §80.415: (1) The inventory

reconciliation analy sis under the attest engagement provisions of §80.128(b) and the tender anal ys is under §80.128(c) shall include Non

- Sulfur

- FRGAS in addition to the gasoline ty pes 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 reconcili ation anal ys is in the attest engagement provisions of §80.128(b), and to the volumes determined by the third part y 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 Certifi ed 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) Id entify , 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 i ndependent 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 CertifiedEO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 117 of 124 Sulfur

- FRGAS is sto red, 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 an y Certified Sulfur

FRGAS produced at a different refinery

. (5) Select a sample from the list of vessels identified in paragr aph (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 circulati on 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 indepe ndent 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 analy sis 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 accordan ce 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 selecte d 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 license d as a Certified Public Accountant in the United States and a citizen of the United States, or be approved in advance b y EPA based on a demonstration of ability to perform the procedures required in the attest engagement provisions of §§80.125 through 80.1 30, 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 announc ed in advance b y EPA, or unannounced. (ii) Access will be provided to any location where: (A) Gasoline is produced;EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 118 of 124 (B) Documents related to refinery operations are kept; (C) Gasoline or blendstock samples are tested or stored; and (D) Sulfur

- FRGAS is stor ed 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 cover ed b y inspections and audits will be provided to an EPA inspector or auditor on request. (v) Inspections and audits b y EPA may include review and cop yi ng of any documents related to all of the following: (A) Approval of the refiner as a small refiner or ap proval 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 Sulfur

FRGAS, or as Certified Sulfur

- FRGAS or as Non

- Certified Sulfur

- FRGA S. (D) Transfers of title or custody to Sulfur

- FRGAS. (E) Sampling and testing of Sulfur

- FRGAS. (F) Work performed and reports prepared b y independent third parties and b y independent auditors under the requirements of this section and §80.415, including w ork papers. (G) Reports prepared for submission to EPA, and any work papers related to such reports. (vi) Inspections and audits b y EPA may include taking samples of gasoline or blendstock, and interviewing employees. (vii) Any

employee of the foreign refi ner 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 day s
. (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 an y employee of the foreign refiner for an y action by EPA or otherwise by

the United States related to the requirements of this subpart O. (3) The forum for an y civil or criminal enforcement action related to the provisions of this section for v iolations of the Clean Air Act or regulations promulgated thereunder shall be governed b y 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 an y 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)).EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 119 of 124 (6) The foreign refiner, or its agents or emplo ye es, 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 perfor med within the scope of EPA employ ment related to the provisions of this section. (7) The commitment required by this paragraph (i) must be signed b y the owner or president of the foreign refiner business. (8) In an y case where FRGAS produced at a foreign refinery is stored or transported by another compan y 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 th e 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 with out 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 re finer 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. An y 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 p roduced 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 ye ars: the calendar year immediately

preceding the date th e approval petition is submitted, the calendar year the approval petition is submitted, and each succeeding calendar year. (2) Bonds shall be posted b y performing an y 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 suret y 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 readil y available to the United States, provided EPA agrees in advance as to the alternative commitment.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 120 of 124 (3) If the bond amount for a fo reign 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 day s after th e 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 suc h 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 b y a corporate surety that is listed in the United States Department of Treasury Circular 570 “Companies Holding Certificates of Authority as Acc eptable 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 i nternet at http://www.fms.treas.gov/c570/c570.html ); and (iii) In clude a commitment that the bond will remain in effect for at least five years following the end of latest averaging period that the fo reign refiner produces gasoline pursuant to the requirements of this subpart O. (5 ) On an y occasion a foreign refiner bond is used to satisfy an y judgment, the foreign refiner shall increase the bond to cover the amount used within 90 day s of the date the bond is used. (l) English language reports. Any report or other document submitted to EPA by an y 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 Non

Certified Sulfur

- FRGAS or Non

- Sulfur

- FRGAS, and no person may combine Certified Sulfur

- FRGAS with an y Certified Sulfur

- FRGAS produced at a different refinery , until the importer has met all the requirements of paragraph (n) of this section, excep t 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. An y United States importer shall meet the following requirements: (1) Each batch of imported gasoline shall be classified by the importer as being Sulfur

FRGAS or as Non

- Sulfur

- FRGAS, and each batch classified as Sulfur

- FRGAS sh all 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 Sulfur

FRGAS according to the designation b y the foreign refiner if this designation is sup ported 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 Sulfur

FRGAS under paragraph (g) of this section. (3) For each gasoline batch classified a s Sulfur

- FRGAS, any United States importer shall perform the following procedures:EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 121 of 12 4 (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 re finer ’ s Sulfur

- FRGAS certification to determine the name and EPA

assigned 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 Sulfur

FRGAS 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 spe cified in §80.1630, by : (1) The third party analyzing the sample; or (2) The third party observing the importer anal yz ing the sample. (4) Any

importer shall submit reports within thirty day s 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) Imp orter 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 gasoli ne. (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.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 122 of 124 (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 delive ries to the United States. (iv) Attest procedures to be conducted annuall y b y 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 b y 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 mee t an y 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 requir ements 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 an d certificates. An y 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, i ncluding use of any forms that may

be specified b y the Administrator; and (2) Be signed b y the president or owner of the foreign refiner company, or b y that person ’ s immediate designee, and shall contain the following declaration: I hereb y certify : (1) th at 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 Iam aware that the information contained herein is being certified, or submitted to the United States Env ironmental 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 cert ified or submitted, and this information is true, complete and correct to the best of m y 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 furnis hingEO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 123 of 124 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 ye ar. (a) Refiners subject to natio nal standards and Small R efiner 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 applica ble 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 c redits 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 cop y of the refinery ’ s or importer ’ s annual sulfur reports filed with EPA for the year. (2) Agree the ye arly

volume of gasoline reported to EPA in the sulfur reports with the inventory reconciliation anal ys is 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 cop y of the refinery ’ s or importer ’ s sulfur credit report. (5) Agree the information in the refinery ’ s or importer ’ s batch reports filed w ith 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. Inthe 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 unde r paragraph (d)(1) of this section and 10 ppm.EO 12866 Review Draft Tier 3 Fuels Regulations Redline for OMB

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Page 124 of 124 (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 an d report as a finding the number and ye ar 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 ye ar being reviewed; co mpute and report as a finding the number and ye ar 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 an y time during the ye ar being reviewed, identified b y 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 an y 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 ye ar. (2) Compute and report as a finding the net credits remaining at the conclusion of the year being reviewed b y totaling: (i) Credits remaining from the previous ye ar; plus (ii) Credits generated under in an averaging period; plus (iii) Cre dits 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 rep ort 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.